14 minutes agoVVA's attempt to control the media: Even after nine months, the Constitutional Court still has no ruling on the new KPM Law
Periskopi(a year ago)
(a year ago)The Constitutional Court has now failed to make a decision about comments sent by the AGK and the PDK against the Bill for the Independent Media Commission (KPM), which was adopted during the July 11th 2024 session. It was the deputies of the Vetevendosje Movement who raised their hands to adopt this bill in [...]
In an answer to Periscope, by Constitutional Court say “lada is still under consideration”.
This subject is in screening procedure. Once the verdict is made, the Court will eventually announce all parties involved in the case and opinion”It says in response.
While the Kurti government had defended this project, it said that “respected the EU directive” by the latter was sharply criticised.
Thomas Szunyog, expressed regret that the Parliament adopted the “law addressed concerns” and did not line up alongside EU standards.
The EU office had stated that the Parliament ignored their comments on this Bill since despite the current version included some recommendations of the Council of Europe, legislation needs further revisions to improve legal clarity and to adjust even more to the standards of the European bloc and the Council of Europe.
On the other hand, the Association of Kosovo Journalists and the Council of Written Media had strongly condemned the Government for amendments to the KPM) bill.
This executive step was considered the Kurti Government's new <x0 attempt to attack the media”.
However, it was met in deaf ears, and as a result, it moved to the country by MPs from the ruling party.
After that adoption, AGK on August 20th 2024 had submitted its comments against the Law for Independent Media Commission (KPM) to the Constitutional Court, rejecting it as “unconstitutional” and against media freedom.
AGK Chairman Xhemajl Rexha, who along with the media lawyer, butterfly Kusari, had delivered the association's comments to the Constitutional Union, hope the court will bring down this law.
This is what actually happened and the discussion that will happen within the Court for this law is of absolutely historic importance, because for the first time, a decision will be made for such an important law on media freedom and expression in Kosovo”, Rexha had declared.
Jury Kusari stated that the law has become “contrary to some article” of the Constitution, and that she says she hopes there will be grounds for abolishing the law as a whole.
“We submitted comments today that argue that the procedure of how law was made and some articles dealing with regulation and function of the commission conflicts with some provisions of the Constitution, but in particular conflicts with the principle of gender equality, with media freedom and KPM independence. We hope that our arguments will convince the court to abolish the law for KPM”, Kusari had declared.
Comments on the Constitutional Against this law had sent even the largest opposition Democratic Party of Kosovo (PDK).
“Beyond this law is intended to control the work of free media in Kosovo and to violate free speech in our country. In fact, it has gone so far that through this law, physical persons who produce their own content can be distributed through the media, either through social networks” declared Abelard Tahiri last year.
To enter into force, the KPM Bill after adopting the Assembly must be signed by the country's president, Vjosa Osmani.
What do you foresee the KPM bill?
The bill adopted on 11 July envisions the licensing and controlling of online media producing videos from the KPM, earlier in this body, only audio-visual media were obliged to register.
Independent Media Commission (KPM) founded in 2005 is a competent body for regulation, management and monitoring of the spectrum of transmission frequencies in the Republic of Kosovo.
Under this bill, media operating as nongovernmental organisations will have to open companies to meet the terms of licensing by the KPM.
Also, the media should receive KPM permission in case of changing ownership over 10 per cent.
According to him, online media would submit to the sanctions regime worth up to 40,000 euros for eventual violations such as disrespect of the law, failure to submit the annual report to KPM within the deadline, failure to save the transmission archive, disregarding the time set for broadcasting, as well as some other cases.
In addition to the involvement of online media producing videos under KPM monitoring, the new law envisions increasing the number of KPM members from seven to 11 and extending their mandate.
KPM members are voted to vote on by the Assembly of the Republic of Kosovo and, according to the Association of Kosovo Journalists (AGK), this increase of staff in the KPM can be misused by the government “to send their people”, who could stay longer in their positions, thus jeopardising, according to them, KPM independence. /Periscopi/
