UNMIK/REG/2000/36
17 June 2000
ON THE
LICENSING AND REGULATION OF THE BROADCAST MEDIA IN KOSOVO
The Special Representative of the Secretary-General,
Pursuant to the authority given to him under United
Nations Security Council resolution 1244
(1999) of 10 June 1999,
Taking into account United Nations Interim
Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999,
as amended, on the Authority of the Interim Administration in Kosovo,
For the purpose of licensing and regulating the
broadcast media in Kosovo pending the establishment of a regulatory regime for
broadcasting,
Hereby promulgates the following:
1.1 The
Temporary Media Commissioner is responsible for the development and promotion
of an independent and professional media in Kosovo and the implementation of a
temporary regulatory regime for all media in Kosovo, pending the establishment
of an Interim Media Commission, and shall be independent in the performance of
these responsibilities.
1.2 The
Temporary Media Commissioner is appointed by the Special Representative of the Secretary-General.
Section 2
2.1 Radio
and television operators shall not broadcast in Kosovo without a broadcast
license issued by the Temporary Media Commissioner.
2.2 Applications
by radio and television operators for a broadcast license shall be made to the
Temporary Media Commissioner in accordance with the procedures set out in the
Application and Registration Form issued by the Temporary Media Commissioner. Applicants for a broadcast license shall
agree to abide by the Broadcast Code of Conduct issued by the Temporary Media
Commissioner and attached to the Application and Registration Form.
2.3 The
Temporary Media Commissioner shall, in accordance with the criteria set out in
a document attached to the Application and Registration Form, and taking into
account the public interest, evaluate the applications for broadcast licenses.
If a broadcast license is denied, the Temporary Media Commissioner shall
include an explanation of the grounds upon which such license was denied.
Section 3
3.1 The
Temporary Media Commissioner may impose one or more of the following sanctions
on broadcast licensees who fail to adhere to the Broadcast Code of Conduct:
(a)
The
requirement to broadcast a correction or apology;
(b)
A
warning;
(c)
A
fine of not less than DM 1,000 and not exceeding DM 100,000;
(d)
Suspension
of the broadcast license;
(e)
Denial
of entry into premises;
(f)
Seizure
of equipment;
(g)
Closedown
of broadcast operations; or
(h)
Termination
of the broadcast license.
3.2 The
sanctions referred to in subsections (e), (f) and (g) may be imposed by the
Temporary Media Commissioner on a radio or television operator who is
broadcasting without a broadcast license as well as licensees who fail to adhere
to the terms of the Broadcast Code of Conduct.
3.3 The
imposition of any sanctions pursuant to the present regulation shall be without
prejudice to any applicable criminal sanctions and civil causes of action.
3.4 The
Temporary Media Commissioner shall give written notice of a violation and
provide a reasonable opportunity for reply prior to the imposition of any
sanction.
3.5 The
Temporary Media Commissioner may request the assistance of the relevant law
enforcement authorities in Kosovo and appropriate public officials in the
enforcement of an imposed sanction.
Section 4
4.1 The
Media Appeals Board (hereinafter called "the Board") is hereby
established.
4.2 The
Board is an independent body which shall hear and decide on appeals by a person
or an entity against any of the following decisions by the Temporary Media
Commissioner:
(a)
Refusal
to issue a broadcast license;
(b)
The
condition(s) attached to a broadcast license; or
(c)
Sanctions
imposed by the Temporary Media Commissioner.
4.3 Appeals
against any of the above decisions shall be made to the Board within 30 days of
the issuance of such decision. The Appeal shall be made in writing and may be
accompanied by such documentation or other evidence as the appellant wishes to
present.
4.4 The
Board shall be composed of two international members and one local member who
shall be nominated by the Deputy Special Representative of the
Secretary-General for Institution Building and all of whom shall be competent
and appropriately qualified. The
Special Representative of the Secretary-General shall appoint the members of
the Board and shall designate one international member as the President of the
Board.
4.5 The
Board may uphold, modify, or rescind any condition or sanction imposed by the
Temporary Media Commissioner or any refusal by the
Temporary Media Commissioner to issue a license. The Board shall state the
reasons for its decision. A decision of
the Temporary Media Commissioner shall remain in effect until the Board has
issued a final decision modifying or rescinding the decision by the Temporary
Media Commissioner.
4.6 The
Board shall determine its own rules of procedure, which rules shall guarantee
fair and impartial proceedings in accordance with internationally recognized
human rights standards. In particular,
such rules shall include provisions on reconsideration of decisions of the
Board. The said rules of procedure shall be adopted at the first meeting of the
Board.
4.7 Final
decisions of the Board are binding and enforceable.
Section 5
5.1 Radio
and television operators shall refrain from broadcasting personal details of
any person, including name, address or place of work, if the broadcast of such
details would pose a serious threat to the life, safety or security of any such
person through vigilante violence or otherwise.
5.2 Nothing
in the present regulation shall in any way limit or restrict the authority of
the Special Representative of the Secretary-General to take such action as he
may deem necessary for security reasons, to protect life, or to maintain civil
law and order.
Section 6
The Special Representative of the Secretary-General
may issue administrative directions in connection with the implementation of the
present regulation.
Section 7
The present regulation shall supersede any provision
in the applicable law which is inconsistent with it.
Section 8
The present regulation shall enter into force on 17
June 2000.
Bernard Kouchner
Special Representative of the Secretary-General