ANNUAL REPORT 2018 MOLDOVAN PRESS STATUS INDEX Chisinau, 2019 The report is part of the project “Media Enabling Democracy, Inclusion and Accountability in Moldova’” (MEDIA-M) implemented by the Independent Journalism Center and Internews and funded by the United States Agency for International Development 2 ANNUAL REPORT Abbreviations AMSC Audiovisual Media Services Code API Association of Independent Press ATUG Administrative Territorial Unit of Gagauzia BCC Broadcast Coordinating Council CC Competition Council CEC Central Electoral Commission CIJ Centre for Investigative Journalism CO Council of Observers CoE Council of Europe EU European Union IJC Independent Journalism Centre MIA Ministry of Internal Affairs MP member of Parliament MPSI Moldovan Press Status Index NCPPD National Centre for the Protection of Personal Data NGO non-government organization NPAI National Public Audiovisual Institution OSCE Organisation for Security and Co-operation in Europe PAG People’s Assembly of Gagauz-Yeri PAS Action and Solidarity Party PC Press Council PLDM Liberal Democratic Party of Moldova PCRM Communist Party of the Republic of Moldova PDM Democratic Party of Moldova PPDA Platform Dignity and Truth Party PPEM European People’s Party of Moldova PSRM Socialist Party of the Republic of Moldova RF Russian Federation RM Republic of Moldova RPAI Regional Public Audiovisual Institution SCJ Supreme Court of Justice SOE state-owned enterprise US United States USAID United States Agency for International Development 2018 MOLDOVAN PRESS STATUS INDEX 3 Methodology This report is an assessment of the situation of the media in the Republic of Moldova (RM) in 2018 based on two elements: • the Moldovan Press Status Index (MPSI) methodology (see the MPSI Table in Annex 1 and the Ex- planatory Table in Annex 2); • a review and assessment of events that occurred during the reference period that had a direct or an indirect impact on the situation of the media in Moldova. To create the 2018 index, an MSPI a team of 14 experts established by the Independent Journalism Center (IJC) evaluated seven indicators of the realities of the situation of Moldovan media: • legal framework regulating media activity; • political context; • economic environment; • professional environment; • quality of journalism; • information security from the media’s perspective; • journalists’ security. The team consisted of one lawyer; four media managers; and nine media experts including one from the Transnistrian region, one from the Administrative Territorial Unit of Gagauzia (ATUG), one from the Press Council (PC), one from the Broadcast Coordinating Council (BCC), one from print media, one from online me- dia, and three from media non-government organizations (NGOs) (Annex 3). Each expert filled in the MPSI table individually and submitted it in writing. The indicators together comprise 15 open-ended statements each with 5 choices for completion. Each choice was scored from 0 to 4 with 4 as the highest score and 0 as the lowest. The MPSI value is the average of the scores for the indicators. The index rates the situation of Moldovan media as good, relatively good, marked by serious problems, critical, or very critical as follows: 60–50: good 49–39: relatively good 38–28: serious problems 27–17: critical 16–0: very critical The MPSI methodology thus diagnoses the situation of the media as a whole and also analyzes each indi- cator separately to reveal areas that require intervention to improve it for the benefit of Moldovan citizens and society. MPSI results are compared over the past three years in Annex 5. 4 ANNUAL REPORT Indicators I. Legal Framework Regulating Media Activity This indicator contains three open-ended statements. The legal framework for media is: a) sufficient, b) mostly sufficient, c) largely suffi- cient, d) sufficient to a small extent, e) insufficient. The experts’ choices establish whether there are regulations governing all types and all levels of media (print, audiovisual, online, central, regional, community, public, private); and whether there are regulations on the freedom of expression, editorial independence, access to information, defamation, protection of journalists and information sources, and decision-making transparency, among others. X The draft of the new Audiovisual Code was reg- I.1.1. Timeline of Events istered in Parliament on 22 March. This docu- ment was developed by national and interna- tional experts within the Working Group on Improving the Media Law and was named the X On 8 February after two readings, Parliament Audiovisual Media Services Code (AMSC) of the approved the draft law proposed by the govern- Republic of Moldova. The draft code was to be ment extending the deadline for transition to submitted for expert review to the Council of digital terrestrial television until 1 March 2020. Europe (CoE), the European Union (EU) and the The reason was that Moldova could afford to Organisation for Security and Co-operation in broadcast simultaneously in analog and digital Europe (OSCE). The working group was creat- formats as long as it did not create disturbances ed in June 2017 at the initiative of Speaker of in the signals in neighboring countries and that Parliament Andrian Candu with the support of delaying the transition would give additional the joint project of the EU and CoE, Promoting time to citizens to purchase special digital sig- Media Freedom and Pluralism in the Republic nal conversion devices and properly equipped of Moldova. The working group also received TV sets. Many media experts criticized the Mol- technical assistance from the United States (US) dovan authorities for postponing the transition Embassy in Moldova, from Freedom House, as it would have meant a great step forward in and from Internews Moldova.3 pluralistic information space, as well as the ful- filment of the international commitment that X The AMSC draft was voted by Parliament in the Moldova took many years ago.1 first reading on 20 April. In the same plenary session, members of Parliament (MPs) adopted X The amendments to the Audiovisual Code re- the draft law on the National Concept on Media garding the fight against foreign propaganda in Development in the Republic of Moldova. Both RM entered into force on 12 February. drafts were developed by national and interna- X In February, the People’s Assembly of Gagauz-Ye- tional experts within the Working Group on Im- ri (PAG) adopted a decision establishing Gagauz proving the Media Law.4 Radio Day to be celebrated on 21 August.2 3 http://parlament.md/Actualitate/Comunicatedepresa/tabid/90/ContentId/3937/ 1 http://media-azi.md/ro/stiri/deputa%C8%9Bii-au-votat-pentru-noul-termen-al-tran- Page/0/language/ro-RO/Default.aspx zi%C8%9Biei-la-televiziunea-digital%C4%83-1-martie-2020 4 http://media-azi.md/ro/stiri/parlamentul-votat-%C3%AEn-prima-lectur%C4%83-pro- 2 http://gagauzinfo.md/index.php?newsid=38923 iectul-codului-serviciilor-media-audiovizuale 2018 MOLDOVAN PRESS STATUS INDEX 5 X A new draft law on advertising developed by IJC X The AMSC draft was voted by Parliament on 26 experts was registered as a legislative initiative July in the second reading. Parliament also re- in Parliament on 4 June. Before that, the draft affirmed the previously expressed vote for the law was discussed in the Working Group on Im- National Concept on Media Development in the proving the Media Law.5 Republic of Moldova submitted to the head of the state for review. The draft law on attract- X In mid-June, the BCC and the project Promoting Media Freedom and Pluralism in the Repub- ing foreign investment in film production and other audiovisual works was voted in the final lic of Moldova organized a round table titled 10 “Presentation of updated and revised draft of the reading. BCC monitoring methodology of radio broad- X A draft law providing for a number of amend- casters” conducted by the international expert ments to seven legislative acts was registered Rast’o Kuzel. The monitoring methodology was in Parliament at the end of July including re- to be subsequently approved at a BCC public ducing the period for delivering information of meeting.6 public interest to applicants, defining the notion of journalist, establishing a mechanism for is- X Parliament adopted the National Concept on Media Development in the final reading on 14 suing permits to foreign journalists, offering June. The purpose was to demonstrate both the facilities for personal data processing to media adherence of Moldova to European values ​​on outlets, amending some provisions on state se- media functioning and the commitment to cre- crets and repealing the Law on Press. The draft ate an environment enabling the media to be law was developed by the Working Group on economically and editorially independent.7 Improving the Media Legislation and contained the recommendations made by several media X On 11 July, the specialized Parliamentary com- experts, including IJC and Association of Inde- mittee endorsed a draft law according to which pendent Press (API) experts.11 the Competition Council (CC) had to take media X legislation into account when assessing econom- The Law on the National Concept on Media De- ic concentration and dominant positions in the velopment in the Republic of Moldova came into force at the end of August when it was pub- field. The Law on Competition stipulates that an 12 enterprise or a group of enterprises is presumed, lished in the Official Gazette. until proved otherwise, to be holding a dominant X In the first sitting