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Moldova's new media law: Stricter rules, online control

Moldova's Audiovisual Media Services Code was amended during the current legislature's final plenary session.

The document introduces stricter regulations for media service providers, including expanded control over online content. Key changes also include how the public broadcaster's leadership is appointed, along with new definitions for sensitive terms like "disinformation" and "hate speech."

These amendments expand the Audiovisual Council's powers, giving it the authority to regulate online content. Additionally, media service providers will face more stringent rules. Materials endangering national security or inciting hatred, violence, and discrimination based on race, gender, sexual orientation, religion, or social status will be prohibited. Non-compliance with these provisions will incur sanctions, including fines. However, experts warn that the law carries a risk: without effective enforcement mechanisms, sanctioned media providers could continue operating by migrating to other licenses, thereby avoiding penalties.

"What we're seeing in Moldova is media providers migrating from one license to another. This is a fundamental problem, because those who are frequently sanctioned—when they face hefty fines or the risk of being shut down—simply move from one channel to another," stated WatchDog expert Andrei Curăraru.

The amendments passed by parliamentarians also address changes to the appointment process for members of the Supervisory Board and the general director of the public audiovisual media service provider.

"Several changes were made, including this provision concerning the appointment of members to Teleradio-Moldova Company's Supervisory Board and the general director, through greater involvement of civil society representatives. This aims to remove them from political control, ensuring no suspicions about editorial independence," stated Petru Macovei, director of the Association of Independent Press.

Furthermore, definitions for terms like "disinformation" and "hate speech" will be modified, but the new wordings could leave room for interpretation.

"The risk persists, especially if we have an ill-motivated government or if there are attempts to operationalize these notions against certain political actors. What we need is very clear detailing of the conditions under which a news story or information source could be considered disinformation," noted expert Andrei Curăraru.

Four years after amendments to the Audiovisual Media Services Code were implemented—and repeatedly criticized—authorities have proposed a revised return to the regulatory model applied until 2021. This initiative aims to align the legislation with European standards and strengthen the independence of public media institutions.

Translation by Iurie Tataru

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