LAW OF THE REPUBLIC OF MOLDOVA

of July 10, 2025 No. 221

About introduction of amendments to the Code of the Republic of Moldova about audiovisual media services No. 174/2018

The Parliament adopts this organic law.

Art. I. - In the Code of the Republic of Moldova about audiovisual media services No. 174/2018 (Official monitor of the Republic of Moldova, 2018, Art. No. 462-466, 766), with subsequent changes, to make the following changes:

1. In all text of the code of the word "Council on Supervision and Development" in the corresponding case shall be replaced with words "Council on supervision" in the corresponding case, the words "Law on Advertising No. 1227/1997" in the corresponding case shall be replaced with words "The law on advertizing" in the corresponding case.

2. To state formula of harmonization in the following edition:

"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.".

3. In Article 1:

state the concept "self-promotion" of the following edition:

"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;";

exclude the concepts "autonomous body of the public power" and "audiovisual communication";

state the concepts "commercial audiovisual communication" and "hidden commercial audiovisual communication" of the following edition:

"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;";

after the concept "market share" to add Article with concept of the following content:

"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;";

state the concepts "misinformation" and "appeal to hatred" of the following edition:

"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;";

after the concept "hostility language" to add Article with concept of the following content:

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

state the concepts "the planned duration", "supplier of platform for distribution of video records" and "video records made by users" of the following edition:

"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;";

"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 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;";

after the concept "the video records made by users" to add Article with concept of the following content:

"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;";

after the concept "multiplex with regional covering" to add Article with concept of the following content:

"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;";

state the concepts "placement of product" and "audiovisual program" of the following edition:

"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;";

"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;";

after the concept "the audiovisual program in the first broadcasting" to add Article with concept of the following content:

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

state the concepts "network of electronic communications", "audiovisual media service" and "service in provision of platform for distribution of video records" of the following edition:

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