On Thursday, June 27, 2024, the Journalists Association of Kosovo (JAK) released a statement expressing concern over the draft Law on the Independent Media Commission (IMC). They argued that the government had drafted the law non-transparently and without consulting civil society or the media industry. However, a thorough examination reveals that this new legislation represents a significant advancement in Kosovo’s media landscape, aligning with European Union (EU) standards and providing robust mechanisms to safeguard democracy and hold power accountable.
Addressing the Concerns
Flutura Kusari, a media lawyer, criticises the draft law, arguing that it undermines media freedom and introduces procedural and substantive issues. She claims the government aims to discipline and pressure the media, viewing journalists as “enemies of the people.” Kusari’s concerns center on the perceived exclusion of civil society in the law’s drafting and the proposal to license online media, which she believes will be impossible to implement.
However, Kusari’s apprehensions do not fully consider the comprehensive safeguards embedded in the draft law. The legislation explicitly mandates the IMC to promote diverse and free programming (Article 6), protect and support the production of domestic creators (Article 11), and ensure the IMC’s independence from government interference (Article 7). These provisions are designed to bolster media freedom, not constrain it.
Xhemajl Rexha, the Chairman of the Board of the Journalists Association of Kosovo, echoed similar sentiments, highlighting that 83% of the European Commission and the Council of Europe’s recommendations were ignored. While it is true that some recommendations were not fully incorporated, the core elements of the law adhere to the EU’s Audiovisual Media Services Directive (AVMSD) and the Directive (EU) 2018/1808, ensuring that the legislation is fundamentally aligned with European standards.
The Benefits of the New Law
Article 1 outlines the purpose of the law: to define the competencies of the IMC with the goal of promoting a diverse and robust audiovisual media services market. This is crucial in a democratic society, as a diverse media landscape ensures that different voices and perspectives are heard. The law’s commitment to compliance with EU directives reinforces this objective, setting a high bar for media standards in Kosovo.
Article 4 enumerates the IMC’s competencies, including regulating the rights and obligations of media service providers, issuing licenses, and maintaining an updated register of online audiovisual media services. This structured regulatory framework aims to enhance transparency and accountability within the media sector. By requiring media service providers to declare funding sources and ultimate beneficiaries (Article 4.5), the law addresses concerns about hidden ownership and potential foreign interference, thus protecting national security and democratic integrity.
Licensing and Regulation
One of the most contentious issues is the licensing of online media. Kusari and others argue that this will be chaotic and impractical. However, the draft law provides a clear and structured approach to licensing (Articles 24-30). The licensing process is designed to be fair, open, and competitive, with specific criteria to ensure that applicants have the financial and technical capacity to provide quality broadcasting services.
Article 24 establishes that licenses are valid for ten years and cannot be transferred without IMC approval. This long-term stability is vital for media organisations to plan and invest in high-quality content. Additionally, temporary licenses (Article 25) and on-demand services (Article 30) ensure flexibility in the rapidly evolving media landscape.
Transparency and Public Consultation
The draft law mandates transparency and public consultation at multiple levels (Articles 9 and 10). All licenses, decisions, and by-laws issued by the IMC must be published on its official website, providing public access to crucial information. Public consultations before approving strategies and by-laws ensure that stakeholders, including civil society and media representatives, have a say in shaping the regulatory framework. This inclusivity addresses the criticism of non-transparency in the drafting process.
Independence of the IMC
Article 7 enshrines the IMC’s independence, stating that IMC members and personnel must not seek or receive instructions from any government bodies or private entities. This is a cornerstone of the law, ensuring that the IMC can operate without undue influence and maintain its objectivity. The law also includes strict criteria for the appointment and dismissal of IMC members (Articles 14 and 17), ensuring that the Commission is composed of individuals with high professional integrity.
International Comparisons
Comparing Kosovo’s draft law with the British media law and EU regulations provides additional context. The UK’s Office of Communications (Ofcom) operates under a similar mandate to promote competition and protect consumers while ensuring the integrity and independence of media services. The EU’s AVMSD emphasises the need for regulatory bodies to be independent from national governments and private entities, a principle mirrored in Kosovo’s draft law.
The draft law also aligns with EU efforts to combat misinformation and foreign interference. By requiring media service providers to disclose funding sources and ultimate beneficiaries, the law takes a proactive stance against the infiltration of foreign entities that could undermine Kosovo’s democracy and national security.
Addressing Media Freedom Rankings
The AJK/AGK statement notes that Kosovo has dropped 19 places in the Reporters Without Borders media freedom index. This decline underscores the need for robust regulatory frameworks to protect media freedom. The new law’s emphasis on transparency, independence, and public consultation is designed to reverse this trend, fostering an environment where media can operate freely and without fear of retribution.
In addressing the AJK/AGK statement on Kosovo’s decline in the Reporters Without Borders media freedom index, it is imperative to highlight that this drop is not solely due to internal regulatory issues but also because of external aggressions. The primary cause of Kosovo’s 19-place drop is the physical attacks on reporters by Belgrade-backed armed militias. These militias, during their attempts to execute a Russian-style annexation of northern Kosovo, targeted members of the press, severely impacting media freedom and safety.
Moreover, it is crucial to remind the AJK/AGK that their misinterpretation of the Kosovo Government’s actions has contributed to the issue. The Government’s demand for accountability from Klan Kosovo, a media outlet found to be registering administrative certificates with Kosovar city names as per Serbia’s constitution, was a legitimate concern of administrative malpractice, not interference in editorial policy. The AJK/AGK’s portrayal of this as a violation of press freedom was misleading and unjustified.
Additionally, Kosovo’s significant drop in the media freedom index can be attributed to the AJK/AGK’s failure to distinguish between genuine journalists and paid political opinionists. When some individual opinionists and other civil society members faced public backlash for their political opinions, they often claimed victimhood and presented themselves as journalists. The AJK’s defence of these opinionists was misplaced and detrimental to the integrity of the journalistic profession. The role of the Association of Journalists of Kosovo should be to uphold the quality of news reporting and defend genuine press freedom, not to protect political partisans under the guise of media defence. This lack of clarity and rigorous standard-setting has contributed to the decline in media freedom in Kosovo.
Conclusion
The draft Law on the Independent Media Commission represents a significant step forward for media regulation in Kosovo. By aligning with EU standards and incorporating comprehensive safeguards for transparency, independence, and public consultation, the law addresses many of the concerns raised by its critics. It promotes a diverse and robust media landscape, essential for a healthy democracy.
While no legislation is without flaws, the draft law provides a solid foundation for protecting media freedom and holding power accountable. It prevents media bosses from hiding behind organised crime and dirty money, ensuring that the media sector in Kosovo can operate with integrity and independence. As Kosovo continues to develop its democratic institutions, this law is a crucial component in safeguarding the principles of free expression and robust journalism.
The draft Law on the Independent Media Commission should be seen not as a threat to media freedom but as a necessary evolution in Kosovo’s media landscape, aligning the country with European standards and protecting the fundamental rights of its citizens.
THE FRONTLINER Magazine unequivocally condemns the baseless opposition to the draft Law on the Independent Media Commission. Those who resist this progressive legislation are not champions of media freedom but protectors of a status quo riddled with corruption and misinformation. Their objections are rooted in self-interest and a desire to maintain control over a media landscape that desperately needs reform. By standing against a law designed to enhance transparency, accountability, and independence, these detractors reveal their true motives: to perpetuate a system that stifles true journalistic integrity and undermines democratic principles. It is time for Kosovo to embrace this crucial step forward and reject the manipulative tactics of those who fear genuine media freedom.
Vudi Xhymshiti, founder and chief editor of The Frontliner Magazine, brings a wealth of experience in reporting on global armed conflicts and political issues. With a background in Documentary Photography and Photojournalism from the University of the Arts London, and studies in Political Science, International Relations, and Diplomacy, Vudi skilfully merges human rights insights with dedicated journalism. His ethical and thoughtful reporting has graced top publications like The Guardian and The New York Times. At The Frontliner, launched in 2023, he explores the profound effects of conflicts on law, human rights, and freedoms, continuing his commitment to impactful storytelling.
