The Audiovisual Media Services Code of the Republic of Moldova, amended this summer, involves the implementation of numerous changes. In the December edition of the CuMINTE podcast, Liliana Vițu, chair of the Audiovisual Council (CA), explained these changes in detail and how they will be applied in practice. According to her, the adjustments aim to align with European standards and adapt regulations to the digital reality—nonlinear television, sharing platforms, and the challenges posed by influencers acting as media providers.
PROTECTING THE INDEPENDENCE OF THE REGULATORY AUTHORITY
Liliana Vițu explained that a first and essential change concerns the appointment and status of members of the Audiovisual Council and the Supervisory Board of the Public Company Teleradio-Moldova. According to her, the aim was to restore the “irremovable” status of members so that they cannot be dismissed for political reasons or under political influence. The mechanism introduced cancels a practice that, in her opinion, led to the politicization of the institution: in the past, rejection of the annual report could lead to the removal of members, which created pressures that affected the independence of decisions.
REGULATION OF NON-LINEAR SERVICES – THE DIGITAL EXTENSION OF TELEVISION
The head of the CA notes that a major change aims to extend regulations to non-linear services—that is, video content on demand distributed online. The new provisions impose two important obligations on these services: a ban on the dissemination of “illegal content” and an obligation to “ensure public information” similar to traditional television. She explains that, in practice, the activities of a non-linear service that functions as online television must be assessed according to criteria similar to those applied to licensed television: organized program catalog, video on demand, frequency, and role in shaping public opinion.
“If you are a creator who operates like a television station, but only on the Internet, then why shouldn’t you be regulated in the same way as a licensed television station, which must be examined very rigorously on the basis of many articles in the Audiovisual Media Services Code? This is where the need to analyze clear criteria comes in. From the experience of the Western Balkan countries and the Baltic states, we see that either certain percentages of the advertising market or a cumulative number of followers are used. Depending on the population or size of the country, the thresholds can start, for example, at 50,000 followers on a particular platform or at a total number across multiple platforms. Especially on TikTok, with the current algorithms, you can reach hundreds of thousands of views with a single piece of content or a single post. However, this does not necessarily reflect the actual size of your audience or your market share,” says the president of the audiovisual authority, referring to the establishment of criteria for evaluating digital providers.
At the same time, Liliana Vițu points out that large platforms are regulated at European level by the DSA (Digital Services Act) and that, in many cases, major decisions regarding platforms will be made by European authorities. However, the national authority can decide whether certain content is illegal or harmful under local law (e.g., misinformation, hate speech, gender-based attacks). At the same time, she stresses that any measure must be justified in order to avoid accusations of censorship and to respond to requests for transparency regarding online media ownership.
NEW DEFINITIONS FOR “HATE SPEECH” AND “DISINFORMATION”
In addition, the Code has been supplemented with updated definitions of “hate speech” and “disinformation,” formulated to be in line with the latest practices of the Council of Europe. Vițu notes that the Venice Commission has also found these definitions to be in line with European standards, which, in her opinion, brings the authority closer to the requirements and preparation for possible EU accession processes.
OPEN PROCEDURES AND PUBLIC CONSULTATIONS
The president also stated that throughout the implementation process, the CA intends to be transparent and consult the public. Vițu insists that the regulatory changes will be put up for debate and the criteria will be established after consultations, so that it is clear “where and to what extent” the authority intervenes and what tools it will have at its disposal.
LACK OF HUMAN RESOURCES, A CHALLENGE FOR THE CA
The expansion of digital regulation also requires institutional capacity building. Liliana Vițu points out that the CA now has a monitoring unit that needs to be expanded (from the planned 11 employees to 14). Furthermore, the president talks about the need for a specialized team to monitor non-linear services. She draws attention to the difficulties of recruitment and retention—low public salaries make it difficult to attract experienced professionals.