Journalists consider the Law for Media unnecessary

The Parliamentary Commission for Public Administration, Local Governance and Media has advanced with the initiative to draft the Media Law.

This time this Commission, in co-operation with the Kosovo Democratic Institute (KDI), and with the support of U.AID, has launched parliamentary research into the Media Law, with which it has provided an analysis for the legal framework regulating media issues in Kosovo, as well as the practices of six other European countries.

This research, worked by international media expert Zekirija Shabani, who was contracted by KDI, for the parliamentary commission, presents the practices of Germany, France, Croatia, Slovenia, Estonia, as well as Montenegro as the drafting of separate media laws.

The author of the report, Zekirija Shaban, has on this occasion introduced the findings, stating however, that despite the fact that there are EU member states who have media laws, Kosovo is well regulated issues related to journalists and media in the existing legal framework.

According to Shaban, it is necessary to see the practices of international and democratic countries, especially European ones, on this issue. However, according to him, it should also be discussed whether Kosovo really needs a Law for Media.

The Parliamentary Commission for Public Administration, Local Governance and Media claims to regulate what is the most problematic of all the world and more democratic countries, newsnews, and online media, or portals that we know in Kosovo. But before doing that, I believe each one of us needs to know what the road is to follow, what are the international practices of implementing or functioning media legislation and what examples Kosovo should follow, and whether Kosovo really needs such a 34x1> law, Shaban said.

On the other hand, Shaban has indicated that the report provides examples of how European countries such as Germany, France, Estonia, Slovenia, Croatia and Montenegro have legally regulated media issues, and their successes.

However, he has said that comparing Kosovo with other countries, due to different realities on the ground, is difficult.

According to research launched today, the general legal regulatory mirror of the media in Kosovo and other countries shows a guarantee of freedom of the press based on the Constitutions of states and guaranteed freedom of expression in line with the International Convention on Human Rights, European directives and judicial practices of the European Court for Human Rights.

The existing legal and institutional framework in the Kosovo media area, including libel legislation, hate speech and insults, is also said to be in line with the practices and principles of the EB countries and offers satisfactory regulations for this area.

There are two bodies in Kosovo that regulate media issues based on the existing legal framework. One is reported to the Parliament, which is the Independent Commission for Media (KPM), as well as the other is considered a self-regulated body of Kosovo Media Council (KMSHK).

Newly appointed KPM Chairman Muja Ferati said this body works with high professional and internationally accepted standards. According to him, however, there are room for legal arrangements, although Ferati did not mention what they are.

According to him, it is difficult to maintain a stance without having a draft of the Law, which MPs from the Parliamentary Commission for Media have proposed. But Ferati said KPM does not support any law that strains the work of media and journalists and censorship them.

The KKPM= transmission policy is in line with accepted international standards, and in particular with the European Commission directive by fully respecting democracy, rule of law, protection of freedom and expression, and plurality of media services. In short, I don't think it's enough repair to cover all the conditions especially when we're dealing with intensive development of technology in the media. However, we support the initiative to meet these areas that are being driven by the fact that democracy can be sustainable only if good and easy to implement and ensure security environment for all citizens of the Republic of Kosovo”, Ferati has said.

Imer Mushkolaj from KMSHK has said that the MP's attempt to justify the Law for the media on behalf of what the “is needed to discipline online media” is dangerous.

I don't even call it initiative, but it's a warning that might happen, because in this case we don't even have a beginning to work on drafting the law. For me, it is a very unreasonable reason when it is said that Kosovo would have to have a Law for Media and the goal is to discipline portals. Such logic itself is very harmful and I don't think it should be that way, and that's what got me thinking that this initiative started by very individual, emotional and personal premises of someone who is now on the Commission for the Media, but it can't be tomorrow. Even a law is not made for a government mandate, for a while, respectively, that one can take as initiative, but it is a law considered to be due for a longer term of course”, he has said.

Mushkolaj also voiced confidence that current legislation in Kosovo is sufficient to regulate the media and journalists' field, because there are currently eight laws regulating this area. Laws that are not included in a single law that could be called media law but that regulate certain areas. According to him, the problem lies in failing to implement the law, as is lacking in many spheres in Kosovo, and not only in the media field.

Categorically against the media law, meanwhile, Kosovo Journalists' Association Director Petrit Qolaku has indicated.

It has criticised MPs from the Parliamentary Commission for the media, saying that with their visit from Italy, it came up with recommendations for an unnecessary Law and seen as attempting to bring media under control.

Maybe you should have gone somewhere like Scandinavian as in Sweden to see a public broadcaster there. Even the AGK has reacted to this case and we have expressed our concerns by saying that such an unexplained initiative and apparently simply has media control, censorship of the media, censorship of journalists... I just thought and recall whether there has ever been from this Commission on any case of threat or physical assault on any of our colleagues here, and despite that there have been other approaches, knowing that one of the members of this Commission [for the media] has publicly launched several media media and unfortunately, of those comments in the Parliament of Kosovo has taken place in the centre of our colleague, Kajtzak, Qah.

Reactions during the discussion on the idea of drafting a Law for Media also came from journalists, who sought answers to what the parliamentary Commission is seeking to regulate and which is not now regulated with existing media laws. The criticism also took the lead in the fact that no commission member was present to debate the initiative.