THE CODE OF THE REPUBLIC OF MOLDOVA ABOUT AUDIOVISUAL MEDIA SERVICES

of November 8, 2018 No. 174

Confirming accession of the Republic of Moldova to standards of the European Union about freedom of expression of opinion and access to audiovisual media services, based on Item d) Articles 66, of Item r) part (3) Articles 72, of Items a) and b) to part (2) Articles 126, and also parts (1) article 132 of the Constitution of the Republic of Moldova

The parliament accepts this code.

This code partially shifts the Directive of the European parliament and Council 2010/13/EU of March 10, 2010 about coordination of some legislative, reglamentarny and administrative provisions operating in member states of the European Union concerning rendering audiovisual media services (The directive on audiovisual media services) (the codified version), CELEX: 32010L0013, published in the Official magazine of the European Union by L 95 of April 15, 2010, with the last amendments made by the Directive 2018/1808/EU of the European parliament and Council of December 14, 2022.

Chapter I General provisions

Article 1. Basic concepts

For the purpose of of this Code the following basic concepts are used:

self-promotion – the message distributed at the initiative of the supplier of audiovisual media services or the supplier of platform for distribution of video records, concerning promotion of own services, audiovisual programs or additional products which are their direct derivatives;

permission to relaying – the allowing document issued by Council for television and radio which to the distributor of media services are granted the right to relaying of the offer of audiovisual media services;

the conclusion about delivery of nonlinear audiovisual media service – the document issued by Council for television and radio, confirming receipt of the notification of the supplier of media services on intention to provide to wide audience nonlinear audiovisual media services;

commercial audiovisual communication – the message provided by means of sounds and/or images which purpose is direct or indirect promotion of the name or the name, goods, works, services, activities, the trademark and/or any other distinctive mark of physical person and/or legal entity performing economic activity. The corresponding messages accompany audiovisual programs or join in them or in content made by users for a fee, other form of remuneration or for the purpose of self-promotion. Commercial audiovisual communications can take the form of advertizing, sponsoring, TV shop, placement of products, and also other forms;

the hidden commercial audiovisual communication – representation by means of sounds and/or images in the audiovisual programs of the name or name, goods, works, services, activities, the trademark and/or any other distinctive mark of physical person and/or legal entity performing economic activity if this representation is intended for the advertizing purposes and can mislead the public concerning its nature. It is supposed that the corresponding representation is the hidden commercial audiovisual communication if it is performed for a fee or other form of remuneration;

control – opportunity to exert on the legal entity decisive impact, following from the rights, agreements or any other tools separate or combined, taking into account significant legal and actual circumstances, in particular from:

a) property rights or rights to complete or partial use of assets of the legal entity;

b) the rights or agreements allowing to exert decisive impact on structure, vote or decisions of governing bodies of the legal entity.

Physical persons or legal entities which are owners or users of the rights based on agreements or which, though are not owners or users are exposed to control it is right based on these agreements, have the right to perform the rights following from them;

market share – percentage ratio between the average number of users of audiovisual media service in certain period and the average number of users of all corresponding audiovisual media services calculated for the same period;

the editorial decision – the decision which is regularly accepted for the purpose of implementation of editorial powers and in connection with daily functioning of audiovisual media service;

misinformation – information which false or misleading nature can be checked which is created, is represented and extends for receipt of economic benefit or deliberate false representation of the public and which can do public harm. Public harm includes threats to democratic political processes, the principles and values, processes of development of policy, and also threat to the public benefits, protection of public health, the environment or safety;

hostility language – all types of statements which kindle encourage, extend or justify hatred, violence or discrimination against the person or group of persons or which belittle or discredit their honor and advantage because of personal characteristics or their real or attributed status, such as race, skin color, ethnic, national or social origin, nationality, floor, sort, language, religion or religious beliefs, political views, restriction of opportunities, sexual orientation, gender identity, state of health, age, marital status, status of the migrant or refugee;

distribution of audiovisual media services – provision of audience of different audiovisual programs by means of networks of electronic communications;

the distributor of media services – the person constituting and providing audiences the offer of audiovisual media services by means of relaying on the basis of contractual relations with the suppliers of media services or persons who got permission in the procedure established by the law;

exclusive rights – the rights acquired based on the agreement by the supplier of media services from the organizer of event and/or from the owner or, on circumstances, from the managing place where there is event, from authors and/or other owners for the purpose of exclusive distribution by this supplier of media services in the zone determined geographical;

the planned duration – the time frame including the actual duration of the audiovisual program or its part and duration of advertizing, and also duration of the messages on self-promotion broadcast in them on circumstances;

important event – the event which is of special interest for considerable part of audience, held by the event manager having on legal causes right to sell of the rights connected with this event included in the list approved by Council for television and radio;

the supplier of media services – the physical person or legal entity bearing editorial responsibility for the choice of audiovisual content of audiovisual media service and establishing procedure for its organization;

the national supplier of media services – the supplier whose linear audiovisual media services intend for the population at the national level and can be accepted at least than 2/3 populations of the Republic of Moldova;

the regional supplier of media services – the supplier whose linear audiovisual media services intend for the population at the regional level and can be accepted at least than 1/3 populations of the Republic of Moldova;

the local supplier of media services – the supplier whose linear audiovisual media services intend for the population at the local level and can be accepted at least than 1/3 populations of the Republic of Moldova;

the supplier of platform for distribution of video records – the physical person or legal entity rendering service in provision of platform for distribution of video records;

the supplier multiplex – the physical person or legal entity registered in the Republic of Moldova and authorized according to the law the central body of the public power for regulation of the market of services in the field of electronic communications and information technologies which activities consist, in full or partially in installation, servicing and management of electronic communications of own network by means of which the multiplex is implemented;

the license for broadcasting – the allowing document published by Council for television and radio which to the supplier of media services who is under jurisdiction of the Republic of Moldova are granted the right to transfer of certain linear audiovisual media service;

the video record made by the user, – set of moving images accompanied by sound or without it, constituting the separate element irrespective of its duration created by the user and loaded on platform for distribution of video records him or other user;

measurement of audience – the activities for collection, interpretation or other data processing about quantity and characteristics of users of audiovisual media services or users of content on online platforms performed for the purpose of decision making about allocation of time, price fixation, purchases or sales of advertizing or about actions for planning or distribution of content;

the message influencing subconsciousness – the message using too weak incentives for their conscious perception which can influence behavior of persons;

multiplex – system of structuring packet of the audiovisual media services and additional services integrated into digital flow and transferred by means of radio channel of digital land television or broadcasting;

multiplex with national covering – multiplex which signal can be accepted at least than 2/3 populations of the Republic of Moldova;

the multiplex with regional covering – multiplex which signal can be accepted at least than 2/3 populations of the geographical region for which the resources of radio-frequency range established by the Government based on international treaties are intended one of the parties of which is the Republic of Moldova;

the confidential informer – the status provided by Council for television and radio on demand to any physical person or legal entity which location is located in the Republic of Moldova which will prove that it has profile knowledge and special skills for detection, identification and the notification on illegal content is independent of any supplier of platform for distribution of video records and performs the activities so that to transfer notifications to platform for distribution of video records zealously, the accuracy and objectivity;

the prime time – periods 06:00-10:00 and 17:00-24:00 – for television services and 06:00–10:00, 12:00–15:00 and 17:00–20:00 – for broadcasting services;

placement of products – the any kind of commercial audiovisual communication consisting of inclusion or mentioning of goods, the work, service, activities or the trademark of physical person and/or legal entity performing economic activity by means of insert/integration of the corresponding message into the audiovisual program or the video record made by the user in exchange for payment or other remuneration;

audiovisual pluralism – the condition of audiovisual area answering in total to the following characteristics:

a) variety of suppliers of media services and audiovisual media services;

b) variety of audiovisual programs within the same audiovisual media service;

c) expression by wide audience of the opinion in audiovisual media services, especially in linear;

d) availability of the free, autonomous, having economic and editorial independence suppliers of media services;

e) access for wide audience to the range of the opinions expressed in audiovisual media services;

independent producer – the physical person or legal entity living or registered in the Republic of Moldova independent of the supplier of media services and answering in total to the following characteristics:

a) has the status of the legal entity other than the status of the supplier of media services;

b) owns, directly or indirectly, no more than 15 percent of the capital of the supplier of media services;

c) during the three-year period its revenue constitutes no more than 2/3 income (annual business volume) from sales of products to the same supplier of media services;

d) its capital more than 15 percent physical person or legal entity which in turn owns, directly or indirectly, more than 15 percent of the capital of the supplier of media services do not own in the ratio;

the beneficial owner – physical person, based on the law and/or the agreement being in one of several provisions:

a) receives or can receive any kind of the income from activities of the supplier or the distributor of media services and shall not transfer this income to the third parties;

b) performs, directly or indirectly, through affiliates, control of the supplier or the distributor of media services;

c) is member of governing body of the legal entity who is not pursuing the profit earning aims or the legal entity in whom none of physical persons own the share equal or bigger in relation to essential share and who has rights to withdraw, independently or together with other members, most of members of council, executive body or most of members of executive body and/or the auditor or most of members of audit committee of the supplier or distributor of media services;

the audiovisual program – set of moving images accompanied by sound or without it or sound row which constitute separate element in broadcasting schedule irrespective of its duration in case of linear audiovisual media service or in the catalog in case of nonlinear audiovisual media service;

the audiovisual program in the first broadcasting – the audiovisual program broadcast for the first time within linear audiovisual media service;

the consumer program – the audiovisual program providing consultations of audience or containing reviews about purchase of goods and/or services;

protection of national audiovisual space – package of measures, the internal or external, deliberate or inadvertent factors aimed at elimination which cause damage or can make negative impact on institutional, functional, structural, informative, technological or other integrity of the specified space, and creation of favorable social environment for functioning of national audiovisual space in the conditions of legal, political, economic, cultural or any other safety;

advertizing – the message of any form distributed for the purpose of self-promotion or instead of payment or similar remuneration by legal entity or physical person, connected with certain type of activity, business, craft or professional activity for the purpose of promotion of delivery of goods and services, including the real estate, and also promotion of image, the idea or the rights and obligations;

interactive advertizing – TV advertizing which technology of distribution allows the user to use option of the choice of time of access to advertizing by means of nonlinear audiovisual media service, and also its duration and content;

advertizing with use of the divided screen – TV advertizing, including self-promotion or promotion of elements of recognition of the sponsor which technology of distribution consists in space separation of the screen for simultaneous television distribution of editorial and advertizing content or the message on the sponsor;

virtual advertizing – TV advertizing which technology of distribution consists in processing of the image in case of broadcasting by means of replacement of images of the billboards placed in the venue of the corresponding events, actions, the advertizing messages introduced by the supplier of media services or by means of imposing of new images with similar messages in any zone of the transferred image;

editorial responsibility – implementation of the actual control of the choice of audiovisual programs and their structuring in chronological broadcasting schedule in case of television or broadcasting services or in the catalog in case of nonlinear audiovisual media services;

relaying – acceptance and delivery at the same time or almost at the same time any technical means completely and without any changes of content of the audiovisual media services or their parts (abridged versions) intended for acceptance by audience;

network of electronic communications – in the value determined by Item 62 of article 2 of the Law on electronic communications No. 72/2025;

information security – the protected condition of information resources, societies and the states, including package of measures for ensuring protection of society and state against possible attempts of misinforming and/or information manipulation in the territory of the country and/or because of its limits and on non-admission of the media aggression directed against the Republic of Moldova;

audiovisual media service – the service which is under editorial responsibility of the supplier of media services which main goal in full or its separate part consists in provision of wide audience by means of networks of electronic communications of audiovisual, television or sound broadcasting programs, linear or nonlinear, for the purpose of informing, leisure, education or distribution of commercial audiovisual communication;

linear audiovisual media service – the audiovisual media service provided to audience by the supplier of media services for simultaneous viewing / listening of audiovisual programs on the basis by the developed supplier of media services of broadcasting schedule;

nonlinear audiovisual media service – the audiovisual media service provided by the supplier of media services for viewing/listening of audiovisual programs for the individual user requirement in time chosen by it based on the catalog of programs constituted by the supplier of media services;

general audiovisual media service – audiovisual media delivery service of the audiovisual programs with mainly information, educational and entertaining content lighting the main spheres of public interest and intended for wide audience;

news audiovisual media service – audiovisual media delivery service of the audiovisual programs with mainly information and information and analytical content lighting situation in the country and abroad and intended for wide audience;

thematic audiovisual media service – audiovisual media delivery service of the audiovisual programs devoted mainly to certain thematic area and intended for certain segment of audience;

audiovisual media services for free relaying – audiovisual media services which relaying is not financially or technically caused by suppliers of media services or their legal representatives;

the audiovisual media services "must carry" – audiovisual media services for free relaying which is obligatory for distributors of media services based on the list of audiovisual media services which is annually constituted by Council for television and radio;

service in provision of platform for distribution of video records – service which main goal in full or its separate part or essential functionality consists in provision of wide audience of the audiovisual programs and/or video records made by users by means of networks of electronic communications for the purpose of informing, leisure or education for which the supplier of platform for distribution of video records does not bear editorial responsibility and which organization is determined by the supplier of platform for distribution of video records, including by means of the automated means or algorithms, in particular, by display, marking and ordering;

system of limited access – technical method or the device by means of which access to the protected audiovisual media service or the protected service in provision of platform for distribution of video records can be performed restrictedly based on the subscription or other form of preliminary individual permission;

the slot – part of digital flow as a part of multiplex, sufficient for broadcasting/relaying of one program complex;

national audiovisual space – information and media space, structurally and kompozitsionno consisting of the local, communitarian, regional, national or international, public or private, general or thematic, information, educational and entertaining audiovisual media services provided to audience by means of networks of electronic communications;

sponsoring – any contribution to financing of audiovisual media services, services in provision of platform for distribution of the video records made by users of video records or audiovisual programs performed by the public or private subjects or physical persons who are not engaged in activities for provision of audiovisual media services or services in provision of platform for distribution of video records or production of audiovisual works for the purpose of promotion of the of the name, activities, the trademark, image, goods, works or services;

virtual sponsoring – the technology of distribution of identification elements of the sponsor consisting in processing of the image in case of broadcasting by means of replacement of the image of the billboards placed in the venue of the corresponding events, actions, the sponsor's messages introduced by the supplier of media services or by means of imposing of new images with similar messages in any zone of the transferred image;

the isolated roller – advertizing filmlet or release of TV shop to which does not precede and which other advertizing filmlet or release of TV shop does not follow;

TV shop – the offer directly brought to wide audience for the purpose of delivery of goods or services including the real estate, the rights and obligations, for a fee;

television of standard clearness (Standard-definition television, SDTV) – the digital format of broadcast of television signal and images using permission of 720х576 points, which is not considered as television of high definition;

television of high definition (High-definition television, HDTV) – the digital format of television broadcasting providing reproduction of the image of high disaggregation and quality with the resolution of 1920x1080 or 1280x720 points;

broadcasting – primary delivery by means of networks of electronic communications of the linear audiovisual media services intended for wide audience;

the user – physical person or legal entity which uses or requests once or repeatedly one or several audiovisual media services or services in provision of platform for distribution of video records, in particular by means of loading on the corresponding platform of the video records created by it or other person.

Article 2. Purpose, subject and scope of application

(1) the Purpose of this Code is:

a) providing right of each person to receipt of the reliable and objective information and assistance to free forming of opinions;

b) guaranteeing right to editorial independence and freedom of expression;

c) ensuring independence of regulating authority in the field of audiovisual media services;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info