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THE CODE OF THE REPUBLIC OF MOLDOVA ABOUT AUDIOVISUAL MEDIA SERVICES

of November 8, 2018 No. 174

(as amended on 04-11-2021)

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 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), published in the Official log of the European Union by L 95 of April 15, 2010.

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 media services, concerning promotion of own services, audiovisual programs or additional products which are their direct derivatives;

autonomous body of the public power - the organization meeting in total the following requirements:

a) it is founded by the law;

b) performs activities in the territory of the Republic of Moldova according to the current legislation;

c) is effective in the mode of the public power for the purpose of realization of certain public interest;

d) uses public financial resources;

e) to authorized issue acts of normative nature;

f) does not submit to the Government and has no other higher administrative authorities;

g) submits to Parliament the report on the performed activities;

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;

audiovisual communication - provision of audience by means of land frequencies and different technical means (transmitters, satellites, cable networks, etc.) of different audiovisual programs;

commercial audiovisual communication - the sound message or the graphic message accompanied by sound or without it, intended for promotion, directly or indirectly, of goods, services or image of physical person or legal entity. The corresponding messages accompany audiovisual programs or join in them for a fee or similar remuneration or for the purpose of self-promotion. Commercial audiovisual communications can be in the form of advertizing, sponsoring, TV shop, placement of product or in other forms;

the hidden commercial audiovisual communication - representation in audiovisual programs of goods, services, the name, the trademark or activities of the vendor of goods or the service provider by means of sounds and/or images if this representation is used for the purpose of advertizing and can mislead audience concerning the nature. The corresponding representations are considered intended especially if are performed for a fee or similar 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;

appeal to hatred - the message propagandizing, kindling, supporting or justifying the racial hatred, xenophobia, anti-Semitism or other forms of hatred based on intolerance or discrimination on the basis of floor, race, nationality, religion, restriction of opportunities or sexual orientation;

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 period covering the actual duration of the audiovisual program or its fragment and duration of the advertizing broadcast on circumstances in this program;

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

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;

the prime time - periods 06:00-09:00 and 17:00-23:00 - for television services and 06:00-10:00, 12:00-15:00 and 17:00-20:00 - for broadcasting services;

placement of product - form of the commercial audiovisual communication consisting of inclusion of goods, service or their trademark or of the reference to them within the audiovisual program instead of payment or similar 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;

the independent vendor - 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 in case of the television program or sound row in case of the broadcasting program irrespective of its duration which constitute whole and differ according to the name, content or form within one broadcasting schedule or one directory realized by the supplier of media services (sports events, documentaries, entertainment programs, reality show, programs for children, theatrical performances and others); the audiovisual program in the first broadcasting - the audiovisual program broadcast for the first time within linear audiovisual media service; 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 split 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 entered 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 directory 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 - transmission system and, on circumstances, the equipment for switching or routing and other resources, including the inactive elements of network allowing to perform signaling by means of cable, radio waves through means of optical communication or with use of other electromagnetic means, including communication satellite networks, land fixed networks (with switching of chains or packets, including the Internet) and the land mobile networks, systems using power network in transmission time of signals, the networks which are used for broadcast of audiovisual programs and networks of cable television irrespective of type of the transmitted data; 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 from the outside and on non-admission of the media aggression directed against the Republic of Moldova;

audiovisual media service - the service provided under editorial responsibility of the supplier of media services which main goal in full or its separate part is delivery of audiovisual programs in the information, educational or entertaining purposes of wide audience by means of networks of electronic communications;

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 selected by it based on the directory 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 - audiovisual media service which consists:

a) in preserving the programs or video records created by users for which the supplier of service in provision of platform for distribution of video records does not bear editorial responsibility;

b) in the organization of the programs or video records created and saved by users, according to the procedure, established by the supplier of service in provision of platform for distribution of video records, including with use of software or algorithms, in particular by means of afishirovaniye, marking and separation;

c) in ensuring delivery of the programs created by users and video records of wide audience in the information, educational or entertaining purposes that is main goal of service, its any separated part or its essential functionality;

d) in provision of wide audience of the programs or video records created by users by means of networks of electronic communications;

service of teletext - provision of the coded information available in text format by means of the standard decoder of the television receiver allowing to select in due time information of required amount and content;

service of the video text - provision of text or graphical messages within the broadcasting schedule or the directory constituted by the supplier of the media services having form and content of television services or similar it on form and content;

system of limited access - technical measure or the device by means of which the limited access mode to the protected audiovisual media service based on the subscription or other form of preliminary individual permission can be performed;

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;

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