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FINAL REPORT ON AVMS AND AEC PERFORMANCE FINAL REPORT ON AVMS AND AEC PERFORMANCE Publisher: Eurothink – Centre for European Strategies NGO Info-Centre Transparency Macedonia Helsinki Committee for Human Rights of the Republic of Macedonia Translation and proofreading:: Abakus Graphic design: Brigada Design This product is prepared within the programme “Monitoring the performance, effectiveness, transparency and accountability of the media regulatory bodies – PROformance Watch” funded by the UK Government with the support of the British Embassy Skopje. The content of this publication does not necessarily reflect the position or the opinions of the British Embassy/UK Government. Content 1. Executive Summary 5 1.1 About the Project 7 2. Agency for Audio and Audiovisual Media Services (AVMS) 9* 2.1 Transparency and Accountability 9 2.1.1 Websites, YouTube, Facebook 9 2.1.2 Sessions of AVMS Council 10 2.1.3 Public Meetings 10 2.1.4 Press Releases 11 2.2 Independence and Effectiveness 11 2.2.1 Proposed Law Amendments 12 2.2.2 AVMS Council 14 2.2.3 Interim Commission on Monitoring Media Coverage of 2016 Elections 15 2.2.4 Effects from Inactivity of Courts, BPP and CPD on AVMS’s Effectiveness 16 2.2.5 Government is Late in Disbursing Funds to AVMS 17 2.3 Performance and Law Enforcement 17 2.3.1 Monitoring, Analyses, Open Calls, International Cooperation 17 2.3.2 Annual Operation Plans, Budget, Public Procurements 18 2.4 Public Interest 19 2.4.1 Strategy on Broadcasting Activity Development 20 2.4.2 Media Literacy 20 2.4.3. Hate Speech and Discrimination in the Media 21 2.4.4 Threats and Attacks on the Media and Journalists 22 3. Agency for Electronic Communications 23 3.1 Transparency and Accountability 23 3.1.1 Websites and Social Media 23 3.1.2 Meetings of AEC Commission 24 3.1.3 Public Consultations 24 3.1.4 Public Meetings 25 3.1.5 Press Releases and Events 26 3.2 Independence and Effectiveness 26 3.2.1 Donations from AEC’s Budget 26 3.2.2. Vodno Antenna Tower 27 3.3 Performance and Law Enforcement 28 3.3.1 Annual Operation Plans and Annual Financial Plans 28 3.3.2 Staff Members and Labour Inspection Supervision 29 3.3.3 International Regulatory Conference 30 3.4 Public Interest 30 3.4.1 Care for End-Users 30 3.4.2 Promotion Campaigns and Useful Mobile Apps 31 3.4.2.1 AEC’s Promotional Ads 31 3.4.2.2 Mobile Apps 31 Third Mobile Operator: Offer Presented to 3.4.3 32 100 Biggest Companies Abolishment of Roaming Charges and 3.4.4 33 Memoranda of Understanding 3.4.5 AEC’s Communication Methods with Citizens 33 3.4.5.1 Questions and Answers 33 3.4.5.2 Complaints by End-Users 34 3.4.5.3 Calls and Messages to Toll-Free Line 190 34 3.4.6 AEC in the Role of Citizens’ Protector 34 3.4.6.1 AEC and the Ombudsman 34 3.4.6.2 WannaCry Ransomware 35 3.4.6.3 AEC’s Action upon Complaints for TV Channels Cancelled by Operators 35 AEC’s Activities Related to Introduction of 5G 3.4.7 35 Mobile Technology in the Republic of Macedonia South European Digital Dividend 3.4.7.1 35 Implementation Forum (SEDDIF) 3.4.7.2 National Broadband Plan 36 Analytic Report from the Public Opinion Survey 4. 37 on AVMS and AEC 4.1 Survey Methodology 37 Public Opinion Survey on the Agency for 4.2 37 Electronic Communications (AEC) PART II: Public Opinion Survey on the Agency for 4.3 43 Audio and Audiovisual Media Services (AVMS) . Annex 1: Survey Sample Demographics 48 1. Executive Summary Transparency and Accountability Throughout this monitoring project, AVMS and AEC demonstrated solid level of transparency and accountability in their respective operation. Documents made available on the official websites of both regulatory authorities give the impression of satisfactory transparency and accountability; however, in-depth analysis thereof shows there is still room for improvements, in particular by applying broader, proactive and more systematic approach to publication and quality of information, and better management of communication tools (websites, YouTube channels, social media etc.). Independence and Effectiveness AVMS’s and AEC’s effectiveness and independence from political and party power centres remain a key and essential challenge for future operation of these regulatory authorities, and in general for development of broadcasting activity and electronic communications in the state. Amendments to the Law on Audio and Audiovisual Media Services, which are already in parliamentary procedure, and cancellation of the public broadcasting fee in late 2017 were both deemed necessary by the executive branch of government and the expert public as they are aimed to strengthen AVMS’s independence and professionalism. Nevertheless, AVMS remarked the legislation changes, especially those related to nomination and appointment of AVMS Council Members and AVMS Director, underlying at the same time that the financing model which implies disbursement of funds from the state budget opens additional space for political influence on the Media Agency and the public service broadcaster. In the case of AEC, for several years in continuity the European Commission (EC) reiterated that the Agency continues to transfer surplus funds for purposes beyond its competences, thus undermining its credibility of autonomous and independent regulatory body. For example, in 2016 AEC – without clearly defined criteria - awarded the Public Transport Enterprise – Skopje (PTE) a donation of several millions intended for construction of the Ferris Wheel. Such practices on awarding donations were abandoned in 2017 with AEC’s budget adjustment, which resulted in reduction of funds allocated under the budget item on donations. In 2018, AEC’s budget does not anticipate any funds for donations and sponsorships. Performance and Law Enforcement Throughout the monitoring project, AVMS and AEC - in continuity - performed their law-stipulated obligations and implemented activities from their annual operation plans to great extent. In particular, both regulatory authorities developed, published and adopted their annual operation plans and budgets within law-stipulated deadlines, while their budget adjustments and public procurement budgets were made publicly available. In August 2017, acting upon an oral complaint made to the Ministry of Labour and Social Policy (MLSP), State Labour Inspectorate performed an inspection supervision related to labour relations at AEC, which resulted in establishment of irregularities with three staff members. According to AEC, these irregularities have been corrected within the deadline set by the state inspectorate. Public Interest Throughout the monitoring project, the Agency for Audio and Audiovisual Media Services demonstrated increased proactive engagement in topics and issues of public interest, and showed greater openness to representatives of civil society and media community. Large portion of AVMS’s activities were focused on media literacy, gender mainstreaming, hate speech and discrimination in the media, threats and attacks on journalists, compliance with professional standards in media coverage, and treatment of LGBTI population in media contents. Furthermore, AVMS organized a number of informal meetings and consultations with representatives from civil society organizations and media organizations. As regards the public interest, it should be noted that AVMS was late in drafting the five-year strategy on broadcasting activity development. Entry of third mobile operator on the market in the state is a major challenge and obligation for both AEC and the government. According to AEC, contacts have been established with potential operators, i.e. those interested to enter the telecommunications market in Macedonia, but the political situation and the fact that in the last few years Macedonia has been entering one after another election process negatively affected final decision of potential investors to enter the market. Abolishment of roaming surcharges is another issue of great public interest. Hence, the draft-agreement signed among electronic communications regulatory authorities of Macedonia, Serbia, Bosnia and Herzegovina and Montenegro to align roaming prices to in-country rates is of exceptional importance for citizens and should be adopted by relevant line ministries in these countries as soon as possible. Citizens’ Perception Vast portion of citizens in the Republic of Macedonia have not heard of AVMS and AEC, while most of those who are aware about their existence fail to distinguish between functions performed by these two regulatory bodies, i.e. are unaware of competences entrusted to each of them. This situation further reiterates the need for AVMS and AEC to pay special attention to promotion of their work and their competences. At the same time, citizens should be encouraged to lodge complaints to these regulatory agencies, but in doing so, they should be well-informed about the manner in which complaints are lodged and, of course, about issues that can be covered in their complaints. Particularly worrying is the fact that majority of citizens do not perceive these agencies as independent and professional regulatory authorities and believe that their management staff is appointed to these offices mainly due to close ties with political parties. Results from the public survey and findings from this monitoring project undoubtedly indicate the need for strengthened independence, professionalism and transparency of AVMS and of AEC, as well as the need for enhanced promotion of these regulatory bodies in the public. 1.1 About the Project The project “Monitoring Efficiency, Effectiveness, Transparency and Accountability of Media Regulatory Authorities – PROformance Watch” is implemented by Eurothink - Centre for European Strategies, in cooperation with NGO Info-Centre, Transparency Macedonia and Helsinki Committee for Human Rights of the Republic of Macedonia. This monitoring project was conducted in the period September 2016 - March 2018, with the support from the British Embassy in the Republic of Macedonia.