Vigilance and due process needed to maintain progress on media freedom
By Ambassador Michael Davenport, Head of the OSCE Mission in Kosovo
Since 1999, the OSCE has been playing a key role in supporting the development of a vibrant and diverse media environment in Kosovo. We have supported freedom of expression and freedom of the media, and helped to develop and improve laws and regulations related to the media in Kosovo. This includes assisting in the drafting and implementation of laws that guarantee freedom of expression, access to information, and protection of journalists’ rights.
The media environment has come a long way since our initial support in 1999 and the early 2000s. When I came here in March 2021 as the new Head of Mission, I was pleased to find a strikingly diverse media landscape and to note Kosovo’s continued improvements in media freedom rankings. In my address on World Press Freedom Day this May, I underscored the crucial importance of an independent and free media, upholding transparency and accountability, without which neither good governance nor democracy can thrive.
With these goals in mind, and under our mandate from the OSCE Permanent Council to work on developing local media, the OSCE Mission in Kosovo has contributed to building a democratic framework for broadcast licensing and media self-regulation, underpinned by the necessary legislation. As many may recall, the OSCE initially did this directly through the appointment of a Temporary Media Commissioner who, between 2000 and 2005, served as the sole media regulator. Over the years, institutional arrangements evolved, and the OSCE supported the creation of the Independent Media Commission (IMC) in 2006. These arrangements effectively consolidated key features of the framework for a free media environment in Kosovo.
In 2008, the IMC was included in the Constitution, guaranteeing its status as an independent institution. IMC members are elected by the Assembly and are expected to perform their roles in an apolitical manner, focusing on media regulatory issues independently and impartially, guided by the relevant laws and regulations. The IMC board focuses on matters related to media regulation, including licensing broadcasters, setting ethical standards, monitoring content, and addressing violations or complaints regarding media operations. Currently, the IMC licenses and regulates 89 radio stations and 18 TV stations with terrestrial frequencies, 116 cable TV stations and 36 cable service operators.
In my introductory meeting with IMC representatives in 2021, among other media institutions, I was further encouraged by their commitment to their role of serving the public and maintaining this pluralistic, diverse and professional media landscape in Kosovo. Over the years, we have been working with the IMC to help develop its capacity to deliver on its mandate. This has included tailored support to promote the IMC’s role in regulating audio-visual media, adherence to the codes of conduct and professional reporting standards, as well as raising public awareness about the smart use of the media to debunk fake news, disinformation and other types of illicit reporting.
The Mission has also been actively involved in supporting amendments to the IMC law to align it with European best practices and standards. The current Law on the IMC provides broadly for sufficient regulatory, enforcement, and monitoring powers to ensure pluralism and competitiveness in the market. Work is also currently under way to amend the Law on the IMC to further align it with the EU Audio-visual Media Service Directive. With this in view, the OSCE Mission in Kosovo has been advocating for several key amendments to this law, such as stricter regulations on content, ensuring the protection of minors, preventing hate speech, and tackling harmful or misleading information more effectively.
Recently, the Ministry of Industry, Entrepreneurship and Trade and its Business Registration Agency decided to suspend the registration certificate of Klan Kosova LLC. This was the first time in Kosovo that a broadcaster’s business certificate had been suspended in such a manner, raising the question of whether the suspension of the business certificate could lead to the revocation of Klan Kosova’s broadcasting licence. Such a step would also be unprecedented. It is therefore essential, over and above ensuring respect for due process according to the law, that the full implications of such a step for media freedom and the independence of media regulatory bodies should be carefully considered.
I was therefore pleased to see the IMC’s announcement of 16 June, postponing a decision for 30 days, providing time for Klan Kosova and the Business Registration Agency to address all the issues raised. It is imperative that the Ministry and the Agency ensure due process and respect for the rule of law in their decision making, bearing in mind at the same time that the enforcement of sensible legal requirements should not create unwarranted threats to the exercise of media freedom, as guaranteed by the Constitution.
This is an important case, which will be watched closely both in Kosovo and internationally, as evidenced by the many reactions we have already seen. It is essential that all relevant institutions have in mind the wider implications. Kosovo’s strong track record in media freedom should not be put at risk by hasty decisions. Nor should anything be done which might cast a shadow over the diverse, vibrant and pluralistic media scene that has been built up here over more than two decades.