AGK: Parliament improves KPM bill after stern reproof by KiE

The AGK has shown what are the main points criticised by the KiE in the KPM bill.

“The main aspects criticised by the Council of Europe are: amending the KPM bill without a concept document contrary to government regulation, the way of definition and regulation of online media, radical changes in the composition, appointment, mandate and dismissal of KPM members, the removal of legal restrictions that in the past prevented political parties and religious communities from opening television and radio, and lack of transparency during the legislative initiative”, the AG's post says.

Posting Kosovo Journalists' Association:

Parliament improves KPM bill after harsh rebuke by the Council of Europe

The Council of Europe has prepared a legal opinion on the bill for the Independent Commission for Media (KPM) and has confirmed that certain aspects of the bill are not in line with the best European standards. The legal opinion that holds May 24th 2024 and is prepared for the needs of the Kosovo Convention Media Commission and confirms in all our concerns raised publicly through the press conference held on February 1st, 2024.

The main aspects criticised by the Council of Europe are: changing the draft law on the KPM without a concept document contrary to government regulation, the way of definition and regulation of online media, radical changes in the composition, appointment, mandate and dismissal of KPM members, the removal of legal restraint that in the past prevented political parties and religious communities from opening television and radio, and lack of transparency during the legislative initiative.

We express our regret for the rebuke that has been done to the state of Kosovo on the part of the Council of Europe, the institution in which Kosovo aims to membership. The torture is the result of the government's tendency and the parliamentary majority to control media and media regulator (KPM) through this bill and the intentional refusal of the Prime Minister's Office to include the media industry and civil society in the early stages of the legislative initiative.

Online media publishing videos

In opinion, the new definition of online audiovisual media services envisioned in the KPM bill is problematic because it unites all types of media in one group and as such is unnecessary. The bill changes the meaning of “audio visual media services” that is meant by European Union laws, thus adding new media types, so it has to go away.

According to the KiE, online media publishing videos should not be adjusted the same as televisions and radios, and they may be required to register to the KPM only if there are benefits for them, such as access to public funds, support or accreditment of journalists.

The KiE's opinion clearly confirms the concern raised by us that the licensing or recording of online media that publish videos, coupled with the obligation to ask for KPM's permission to change ownership and the possibility of fines up to 40,000 euros, is not in line with European standards.
Composition, mandate and dismissal of KPM members

In legal opinion, the proposal for the election of KPM chairman to be made by the Parliament could increase political influence on the KPM, and this is not compatible with European and regional standards.
In terms of the four-year mandate of KPM members, the opinion refers to the stances of the European Union office in Kosovo and the Organisation for European Security and Co-operation (OSCE), which had raised concern that such a thing would reflect political impact. As for increasing the number of members from seven to 11, the opinion reportedly remains unclear why this has been proposed. It mentions examples of regulators in Ireland, the Netherlands, and Italy, where regulators consist of three to the maximum of nine members. The Council of Europe recommends that, instead of increasing the number of members, the KPM civilian staff and executive office competencies should increase.

In the end, the opinion proposal that the KPM chairman be dismissed unless the annual report of this institution is approved is extremely problematic and is arbitrary, under which the Assembly can download and replace the entire composition of the KPM based on undefinated criteria, and this is not compatible with European standards.

Opening television and radio by political parties and religious communities

The removal of the article banning television and radio licensing from political parties is a setback to already set standards in Kosovo. Referring to several international instruments, opinion strongly recommends that the article return to prevent political parties from opening television and radio.

In terms of religious communities, the opinion cites a recommendation by the Council of Europe that states should determine legal frameworks that prohibit powerful political, economic or religious groups from gaining dominance in the media and exert pressure on them.

Lack of Consultancy, inclusion of civil society in drafting of law

In the legal opinion, it is unclear to what extent the main actors were consulted during the draft and whether there were explanations for the admission or not of their remarks. The opinion cites the Council of Europe's standards regarding consultations, under which standards of states and public authorities during draft legislation should allow full participation of media and civil society, to organise public hearings and consultations, invite and listen to all acters, allow enough time to respond, publish the results of consultations, and offer clarifications for acceptance or non-recognition of recommendations by external athletes.

A good practice is cited by the Workers' Group in Montenegro, made up of 25 representatives who had worked on changing media laws for two years, holding more than 25 meetings. However, since it is late to create a working group, the legal opinion recommends that the definition of audio-visual services be converted as originally with the first draft law [without online media publishing videos] and changing this aspect to a later phase.

We welcome the co-operation and readiness of the Council of Europe, the European Union and O The SEU to provide international expertise and we hope that there will be political will to improve the bill to the extent that it is fully in line with European good standards.
We recall the Government and Parliament that Kosovo has marked an alarming decline in the 19-restriction Report, and that the initiative to change the KPM Bill has contributed to this decline.

AGK Journalists Association
Kusari butterfly media rights lawyer