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Radio Orhei in Litigation with the BCC after Their Name was ‘Cloned’

04 July 2018
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The management of Radio Orhei station filed a lawsuit against the Broadcasting Coordinating Council (BCC), after the authority issued a broadcasting licence for a radio station with a similar name – Radio Orhei FM, in April this year. ‘The first preliminary hearing was interrupted, also for the BCC to prepare the reference. It will continue on 17 September. At the same time, we filed a complaint to the Competition Council. Whereas we have a case of unfair competition, the answer of this institution is also important’, explained the lawyer Vitalie Zama, who was contracted by the Independent Journalism Center to represent Radio Orhei in this case.
 
Meanwhile, Radio Orhei FM, the newly licensed station, was officially launched on the media market. ‘It is curious that it was launched along with the OrheiLand amusement park opening (inaugurated by the Mayor of Orhei, Ilan Şor - e.c.) This radio station is the Orhei City Hall media partner. The situation unfolded as we expected from the beginning. The are no more doubts that confusion of the radio listeners was intended’, Tatiana Djamanov, the founder and manager of the station, commented.
The BCC rejected the complaint submitted in early May by Radio Orhei, justifying its decision by the lack of any specific legal requirements that would forbid the broadcaster using a certain name.

The administration of Radio Orhei demanded in that complaint to withdraw or amend the Council’s decision of 5 April 2018 on the issuance of the broadcasting licence to Radio Orhei FM station, since the broadcasting authority did not consider the fact that Radio Orhei has been operating with a well-known name for 12 years, and the legal provisions on intellectual property and competition rules, ‘creating premises for confusing the program consumers and unfair competition’.
We remind that the Independent Journalism Center offers free legal consultation to journalists and media outlets. Also, in certain cases, IJC can also provide free representation in the courts, if cases on media rights are disputed.