Media Pluralism and Media Ownership BROADCASTING COUNCIL OF REPUBLIC OF MACEDONIA Culture of debating, Freedom of expression and independent media, Ohrid 3-4 April

Why anti-concentration rules? Protection of media pluralism Promotion of freedom of speech Guaranteeing the audience the right to receive information from different sources Free exchange of different points of view Culture of debating, Freedom of expression and independent media, Ohrid 3-4 April

Legal basis of the media concentration Law on Broadcasting activity, art. 13: The existence of illegal media concentration, in the sense of this Law, shall be determined if a broadcaster: Owns a share in the founding capital of another broadcaster…; Owns a share in the founding capital of a publishing company involved in the publication of a daily newspaper or in a news agency; Owns a share in the founding capital of an advertising and propaganda company, market and public opinion research company, audiovisual works distribution company, film production company or telecommunication services company; Is simultaneously involved in broadcasting radio and/or television programmes and in the publication of a daily newspaper distributed on the territory covered by the broadcast radio and/or television programmes; Culture of debating, Freedom of expression and independent media, Ohrid 3-4 April

Role of BC in prevention of illegal media concentration To monitor broadcasters’ ownership structure; To forbid changes within the broadcasters’ ownership structure, if these changes lead to illegal media concentration; To prevent vertical illegal concentration; Culture of debating, Freedom of expression and independent media, Ohrid 3-4 April

Detected cases of illegal media concentration Year Noted cases of illegal media concentration Solved cases of illegal media concentration Broadcasters involved in illegal media concentration Radio Metropolis Radio City - Skopje TV Kanal5 and TV Kanal 5 Plus TV Vis - Strumica TV NTV - Ohrid Radio Metropolis - Skopje Radio Sky Radio Plus - Berovo Radio Modea – Sveti Nikole Culture of debating, Freedom of expression and independent media, Ohrid 3-4 April

Need for reform of the anti-concentration measures? Convergent regulatory approach to converging markets; Liberalization of the horizontal players on the media market through allowing organic growth of the media companies; Vertically integrated systems?! If yes, to what extent; Development of new tools for measuring the influence on the public opinion...etc. Culture of debating, Freedom of expression and independent media, Ohrid 3-4 April

Media ownership, independent from centres of economical and political powers How to pluralistic media landscape? Culture of debating, Freedom of expression and independent media, Ohrid 3-4 April

Media ownership Basic principle: The media should be independent from centres of economical and political interests Article 11 of the Broadcasting Law Political parties, state bodies, bodies of the state administration, public enterprises, local self-government units, public office holders and members of their families, may not pursue broadcasting activity or appear as founders or co-founders of broadcasters, or acquire ownership of broadcasters Culture of debating, Freedom of expression and independent media, Ohrid 3-4 April

Actions taken by BC All broadcasters have been requested to provide BC with statements that their working is in line with Art. 11. BC set a deadline for the broadcasters to adjust their work in accordance to Art. 11 for end of September Culture of debating, Freedom of expression and independent media, Ohrid 3-4 April

Media Pluralism: Future challenges Access of the broadcasters to the digital networks; Licensing of digital broadcasters; Licensing of non-linear audio-visual services; Overcoming the digital divide after the analogue switch off; State aid/subsidies in receiver equipment Culture of debating, Freedom of expression and independent media, Ohrid 3-4 April

Freedom of speech vs. Hate speech Culture of debating, Freedom of expression and independent media, Ohrid 3-4 April

The hate speech is prohibited by the Broadcasting Law Broadcasting law, Article 69: Programme contents aimed at the violent overthrow of the constitutional order of the Republic of Macedonia, programmes which encourage or invite to military aggression or incite national, racial or religious hatred and intolerance shall be prohibited from the programmes of broadcasters and in programmes retransmitted via public commercial networks. Culture of debating, Freedom of expression and independent media, Ohrid 3-4 April

Measures taken by BC to prevent hate speech Notifications and measures taken due to violations of Article 69 PBS MRTV1: Written warning12007 TV Iris – Shtip: Notification was sent to the broadcaster TV Kanal5: 2-Day temporary ban for airing of advertisements and teleshopping Culture of debating, Freedom of expression and independent media, Ohrid 3-4 April

Hate speech: general conclusions Only few cases of typical hate speech have been noted during the past several years. These are incidental cases, and not a trend or an editorial policy of a certain broadcaster. In tensed situations BC has always tended to provide guidelines to the broadcasters in order to prevent possible violations of Art. 69 Culture of debating, Freedom of expression and independent media, Ohrid 3-4 April

Future regulatory challenges: Implementation of the AVMS Directive and developing of by-legislation Reform of media concentration rules in digital and interactive environment: integrated, half integrated or fully integrated systems Licensing of audio-visual media service providers: local, regional.. DIGITAL Regulation of the access to the networks (?!) Culture of debating, Freedom of expression and independent media, Ohrid 3-4 April

Thank you Q & A Session Culture of debating, Freedom of expression and independent media, Ohrid 3-4 April