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of October 26, 1994 No. 243-XIII

About seal

(as amended on 24-05-2018)

The parliament adopts this law.

Chapter I General provisions

Article 1. Freedom of press

(1) In the Republic of Moldova freedom of press is one of the basic rights affirmed by the Constitution. The state guarantees to all persons the right of free expression of the opinion and views, the right of receipt of reliable information about events of internal and international life through periodicals and news agencies which perform the activities in the conditions of political pluralism, and also compliance with law about copyright.

(2) Any censorship over periodicals and news agencies, interventions in their work on preparation and distribution of information are prohibited.

Article 2. Legal status of editions of periodicals and news agencies

Editions of periodicals and news agency are legal entities and perform the activities according to the current legislation and the charters.

Article 3. Provision of information by officials

Officials of the public authorities shall provide quickly materials and information requested by periodicals and news agencies, except for the materials and information listed in Article 4, and also which are the state secret.

Article 4. Freedom of expression and restriction of publicity

(1) Periodicals and news agencies publish at discretion any materials and information taking into account that the implementation of these freedoms imposing obligations and responsibility is integrated to the formalities, conditions, restrictions and penalties provided by the law and necessary in democratic society for the benefit of homeland security, territorial integrity or public tranquility, for the purpose of protection of law and order and crime prevention, health protection, protection of morality, protection of reputation or the rights of other persons, prevention of disclosure of confidential information or ensuring authority and impartiality of justice.

(2) Periodicals and news agencies shall use available language means and provide the transmitted data so that honor and advantage of persons with limited opportunities were not restrained.

(3) the publication of any materials and information presenting persons with limited opportunities in the form degrading their advantage and/or containing the explicit or hidden appeal to the discrimination, hatred and other actions violating the rights of these persons is not allowed and stopped according to the current legislation.

Chapter II Organization of activities of periodicals and news agencies

Article 5. Right of organization of periodicals and news agencies

(1) the Right of organization of periodicals and news agencies irrespective of their forms of business has any legal entity of the Republic of Moldova, and also the physical person who is the citizen of the Republic of Moldova, reached 18 years and living in its territory.

(2) the Periodical or news agency can be founded by two and more physical persons or legal entity which in this case are recognized cofounders.

(3) Foreign physical persons and legal entities has the right to be only cofounders of periodicals and news agencies and they can possess no more than 49 percent of the authorized capital.

(4) in case of availability of two and more founders of the periodical or news agency the authorized capital is divided into personalized shares (parts) and is created based on the foundation agreement, and the profit is shared between founders in proportion to share (part) of each of them.

(5) the Periodicals and news agencies financed from the budget are established only with the consent of competent authority.

(6) the Founder (cofounders) has the right to reorganize the periodical and news agency according to the current legislation on condition of accomplishment of the obligations to subscribers (readers).

(7) the founder (cofounders) or other physical person or legal entity can be the Publisher of the periodical.

Article 6. Registration of periodicals and news agencies

(1) Registration of periodicals and news agencies is performed in the Agency of the state services.

(2) If the periodical or news agency performs other types of economic activity, in addition to the circulations (information) and promotional materials connected with distribution, registration is made according to the procedure, the established Law on entrepreneurship and the companies.

(3) Periodicals and news agencies are effective from the moment of registration. Activities of the unregistered periodicals and news agencies are considered illegal and attracts the responsibility established by the legislation.

Article 7. Activities termination

(1) the Periodical and news agency stop the activities only based on the decision of the founder (cofounders) or court.

(2) If the founder (cofounders) makes the decision on the termination of activities of the periodical or news agency and does not establish the new periodical or news agency with the same name or will not re-register it in 30-devny time after the activities termination, the staff of the editorial office, the editor (editor-in-chief), the head of the agency have the right to found the periodical or news agency with the same name.

(3) Voided according to the Law of the Republic of Moldova of 01.07.2016 No. 152

(4) the Court makes the decision on the termination of activities periodic the edition or news agencies in case of systematic violation of this Law.

(5) the Decision on the termination of activities of the periodical or news agency is taken out in three-months time from the date of emergence of the bases provided by this Article, It can be appealed in appeal procedure in higher degree of jurisdiction in 10-day time.

Article 8. Management of the periodical and news agency

(1) the Management of the periodical and news agency is performed by the founder (cofounders) or person designated by it.

(2) the Founder (cofounders) approves the charter and the program (basic principles) of the periodical or news agency.

(3) the Periodical and news agency realize the programs on the basis of professional independence.

(4) the Profile, the general direction, frequency, the price and other conditions of release of the periodical or activities of news agency, and also the staff list are determined only by their founder (cofounders) or the publisher.

(4-1) Founder (cofounders) otvetstven for the organization of training of workers in the field of human rights and ensuring gender equality.

(5) the Professional management of the periodical and news agency are performed by the editor (editor-in-chief) and the head of the agency.

(6) citizens of the Republic of Moldova can only be Editors (editors-in-chief) of periodicals and heads of news agencies.


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