Newsroom
Rules and procedures established for Kosovo media
PRISTINA 7 November 2000
PRISTINA, 7 November 2000 - In accordance with the recommendations of the Media Appeals Board, the Office of the Temporary Media Commissioner has devised a set of Rules of Procedure which are designed to conform with international legal standards of administrative practice. These procedures lay out the step-by-step rules by which infringements of regulations 2000/36 and 2000/37 and their associated codes will be determined and how sanctions will be applied, if deemed necessary.
The aim in publishing these procedures is to ensure transparency, fairness, and equity to all parties involved in disciplinary proceedings initiated by the Temporary Media Commissioner (TMC). The rules also establish an independent administrative panel for determining whether a violation of the regulations has occurred and on the degree of culpability associated with the media outlet involved. This panel will conduct formal administrative hearings - as required; the first one being provisionally scheduled for this week on Friday 10 November. The panel will be known as the Media Hearings Board and will consist of 3 members: one international and 2 Kosovars. Nominations have been invited from the Association of Kosovo Journalists (AKJ), the Kosovo Law Centre (KLC) and the International Community in Kosovo.
- Key elements of the internal Rules of Procedures include:
- The identification of a complaint or possible infringement;
- A legal analysis by TMC s attorneys and regulatory advisors.
- A decision, based on this analysis, by the TMC to proceed or not;
- Notification to the media outlet and a request to explain and show cause, followed by a visit from the TMC as an attempt to negotiate a suitable remedy by agreement and consensus;
- A determination by the TMC as to whether a suitable remedy has been applied, and if not, a formal notification that the case would be taken forward to an administrative hearing;
- An advanced written notification to appear to the hearing board;
- An administrative hearing with a decision of the Panel making a recommendation on culpability and degree and noting any mitigating circumstances to the TMC;
- TMC consults with the director, owner, operator or editor of the offending outlet, if found culpable, and assesses the circumstances of the outlets operation including requesting financial statements and decides on a sanction as appropriate; and
- Right of Appeal to the Media Appeals Board.
The Rules of Procedure of the Media Hearings Board are also attached. These will be subject to confirmation by the Hearings Board when it convenes for the first time.
If you require further information on these procedures, please contact: Office of the Temporary Media Commissioner at: # 4 Zenel Salihu Street, Pristina or call at: +(381 38) 518-146, 500 162 ext. 245 Pristina, Kosovo
Media Hearing Board Rules of Procedure
- TMC shall notify the Board at least 3 days prior to the Board commencing a hearing.
- At the time of notification, the TMC shall submit to the Board a copy of its complaint with all its supporting documents in written form. The copies should be in English, and if necessary, Albanian and/or Serbian, depending on the needs of the Board members.
- At the time of notification TMC must submit a copy of the Respondents answer in its original language, and its English translation to the complaint to the Board.
- Respondents must submit their defense in written form with supporting documentation in English, Serbian or Albanian no later than 48 hours prior to the Board s commencing a hearing.
- The written submissions shall be personally delivered at the Office of Temporary Media Commissioner #4 Zenel Salihu Street, Kosovo
- Respondent may be represented by a licensed attorney or a competent advocate of the appellant.
- The burden of proof upon all such issues shall be upon the TMC.
- The Board may invite for oral presentation third-party witnesses and experts whose participation, in the view of the Board, shall materially contribute to the finding of whether Respondent violated Regulation 36 or 37.
- Should the parties wish to submit additional documentation during the hearing, such documents must be offered in both English and Albanian. Such submission is at the total discretion of the Board.
- For questions of law and interpretation of law and procedure, the Board may consult with it's Legal Advisor, who shall not take any role in the determination of whether Respondent violated or did not violate the regulations stipulated in the TMC complaint.
- The Board shall hear oral arguments from both the TMC and the Respondents. Both parties shall be entitled to a 5 minute opening comment, followed by 30 minutes of oral arguments by both parties, followed by a 5 minute closing summation.
- After the closing summation, the Board shall take the opportunity of asking questions to the parties. Each panel member shall have 30 minutes to ask questions to both parties, if so desired.
- The Board is empowered to make a decision from the bench without a recess should it desire.
- Should the Board wish to take a recess, it may do so, providing that a written decision is prepared and released no later than twenty-four (24) hours of final summation.
- A majority of votes shall prevail on a decision. The results of the vote, including a breakdown of the vote by panel member, shall be presented at the time the decision is made. The panel, when making a final decision, must stipulate from the bench their vote.
- Absent fraud or intentional malfeasance, the decision of the Board is deemed final and not subject to appeal. Both the TMC and the respondent are bound to the decision.
- In the event the ruling favors the respondent, the respondent shall be protected against double-jeopardy, and the TMC shall drop all related complaints stemming from the original complaint.
- The language of the Appeals Board shall be in English with instantaneous or consecutive translations provided in Albanian and/or Serbian on an as-needed basis. The parties have the right to waive this clause if both parties concur with the decision to have the hearing in one language only.
- All official decisions of the Appeals Board shall be in writing and in English with translations in both Serbian and Albanian.
For further information on the Kosovo municipal elections, contact OSCE Mission in Kosovo, Press and Public Information Section, tel.: +381-38-500-162; fax: +381-38-500-188; e-mail: press@omik.org; Mr. Roland Bless, Spokesperson, (ext. 260), mobile: +377-44-158-847 (044-124-065 within Kosovo) ; or +389-70-250-576; Ms. Laura O'Mahony, Press Officer, (ext. 118), mobile: +389-70-250-434; +377-44-158-843 (044-158-843 within Kosovo); Mr. Sven Lindholm, Press Officer, (ext. 218), mobile: +389-70-250-435 or +377-44-158-845
The aim in publishing these procedures is to ensure transparency, fairness, and equity to all parties involved in disciplinary proceedings initiated by the Temporary Media Commissioner (TMC). The rules also establish an independent administrative panel for determining whether a violation of the regulations has occurred and on the degree of culpability associated with the media outlet involved. This panel will conduct formal administrative hearings - as required; the first one being provisionally scheduled for this week on Friday 10 November. The panel will be known as the Media Hearings Board and will consist of 3 members: one international and 2 Kosovars. Nominations have been invited from the Association of Kosovo Journalists (AKJ), the Kosovo Law Centre (KLC) and the International Community in Kosovo.
- Key elements of the internal Rules of Procedures include:
- The identification of a complaint or possible infringement;
- A legal analysis by TMC s attorneys and regulatory advisors.
- A decision, based on this analysis, by the TMC to proceed or not;
- Notification to the media outlet and a request to explain and show cause, followed by a visit from the TMC as an attempt to negotiate a suitable remedy by agreement and consensus;
- A determination by the TMC as to whether a suitable remedy has been applied, and if not, a formal notification that the case would be taken forward to an administrative hearing;
- An advanced written notification to appear to the hearing board;
- An administrative hearing with a decision of the Panel making a recommendation on culpability and degree and noting any mitigating circumstances to the TMC;
- TMC consults with the director, owner, operator or editor of the offending outlet, if found culpable, and assesses the circumstances of the outlets operation including requesting financial statements and decides on a sanction as appropriate; and
- Right of Appeal to the Media Appeals Board.
The Rules of Procedure of the Media Hearings Board are also attached. These will be subject to confirmation by the Hearings Board when it convenes for the first time.
If you require further information on these procedures, please contact: Office of the Temporary Media Commissioner at: # 4 Zenel Salihu Street, Pristina or call at: +(381 38) 518-146, 500 162 ext. 245 Pristina, Kosovo
Media Hearing Board Rules of Procedure
- TMC shall notify the Board at least 3 days prior to the Board commencing a hearing.
- At the time of notification, the TMC shall submit to the Board a copy of its complaint with all its supporting documents in written form. The copies should be in English, and if necessary, Albanian and/or Serbian, depending on the needs of the Board members.
- At the time of notification TMC must submit a copy of the Respondents answer in its original language, and its English translation to the complaint to the Board.
- Respondents must submit their defense in written form with supporting documentation in English, Serbian or Albanian no later than 48 hours prior to the Board s commencing a hearing.
- The written submissions shall be personally delivered at the Office of Temporary Media Commissioner #4 Zenel Salihu Street, Kosovo
- Respondent may be represented by a licensed attorney or a competent advocate of the appellant.
- The burden of proof upon all such issues shall be upon the TMC.
- The Board may invite for oral presentation third-party witnesses and experts whose participation, in the view of the Board, shall materially contribute to the finding of whether Respondent violated Regulation 36 or 37.
- Should the parties wish to submit additional documentation during the hearing, such documents must be offered in both English and Albanian. Such submission is at the total discretion of the Board.
- For questions of law and interpretation of law and procedure, the Board may consult with it's Legal Advisor, who shall not take any role in the determination of whether Respondent violated or did not violate the regulations stipulated in the TMC complaint.
- The Board shall hear oral arguments from both the TMC and the Respondents. Both parties shall be entitled to a 5 minute opening comment, followed by 30 minutes of oral arguments by both parties, followed by a 5 minute closing summation.
- After the closing summation, the Board shall take the opportunity of asking questions to the parties. Each panel member shall have 30 minutes to ask questions to both parties, if so desired.
- The Board is empowered to make a decision from the bench without a recess should it desire.
- Should the Board wish to take a recess, it may do so, providing that a written decision is prepared and released no later than twenty-four (24) hours of final summation.
- The decision of the Board shall consist of three elements:
- 1) a determination of whether a violation occurred;
- 2) a recommendation whether the respondent had bona fide mitigating circumstances
- 3) or alternatively, aggravating circumstances.
- A majority of votes shall prevail on a decision. The results of the vote, including a breakdown of the vote by panel member, shall be presented at the time the decision is made. The panel, when making a final decision, must stipulate from the bench their vote.
- Absent fraud or intentional malfeasance, the decision of the Board is deemed final and not subject to appeal. Both the TMC and the respondent are bound to the decision.
- In the event the ruling favors the respondent, the respondent shall be protected against double-jeopardy, and the TMC shall drop all related complaints stemming from the original complaint.
- The language of the Appeals Board shall be in English with instantaneous or consecutive translations provided in Albanian and/or Serbian on an as-needed basis. The parties have the right to waive this clause if both parties concur with the decision to have the hearing in one language only.
- All official decisions of the Appeals Board shall be in writing and in English with translations in both Serbian and Albanian.
For further information on the Kosovo municipal elections, contact OSCE Mission in Kosovo, Press and Public Information Section, tel.: +381-38-500-162; fax: +381-38-500-188; e-mail: press@omik.org; Mr. Roland Bless, Spokesperson, (ext. 260), mobile: +377-44-158-847 (044-124-065 within Kosovo) ; or +389-70-250-576; Ms. Laura O'Mahony, Press Officer, (ext. 118), mobile: +389-70-250-434; +377-44-158-843 (044-158-843 within Kosovo); Mr. Sven Lindholm, Press Officer, (ext. 218), mobile: +389-70-250-435 or +377-44-158-845