Commissioner for Human Rights in KiE: The KPM Projection Risks Freedom of Speech and Media

Commissioner for Human Rights at the Council of Europe Michael O'Flaherty has declared that the bill for the Independent Commission for Media risks violating freedom of expression and media freedom.

He has said that despite some changes, the proposed KPM bill still does not include some key recommendations by the Council of Europe in its legal opinion.

If adopted, the law risks violating freedom of expression and freedom of media due to its unclear purpose, unclear definitions, unpredictable sanctions and problematic provisions for dezination and harmful content”, OʹFlaherty told the online newspaper Reporter.net.

In order to improve in terms of human rights, according to him, the bill must be passed through the process of broad consultation with civil society, experts and international organisations.

The KPM project Thursday is in order to vote in second reading at the Kosovo Assembly.

Commissioner O'Flaherty's office had published the Kosovo report during 2022, with which it had identified challenges that concern media freedom.

The role of the Council of Europe's commissioner is to encourage reforms to improve and promote human rights protection.

EU Response

On Wednesday, the European Union Office in Pristina also raised concerns about the Bill on the Independent Media Commission, stating it does not reflect most recommendations from the Council of Europe's Legal Opinion. These recommendations address critical issues, including the competencies and financing of the Commission, the selection procedures and service terms for its members, and the proportion of sanctions. While acknowledging some important changes in media regulation, the EU stressed the need for further revisions to improve legal clarity and compliance with EU and Council of Europe standards.

AGK's call

In May, the AGK had asked the Parliament to improve its KPM project following responses by the Council of Europe.

“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, the 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 constitutional initiative<1>, the AG report reported on May 27th. /Reporter