REGULATION NO. 2000/37
UNMIK/REG/2000/37
17 June 2000
ON THE CONDUCT OF THE PRINT 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,
Recalling UNMIK Regulation No. 2000/36 of 17 June
2000 on the Licensing and Regulation of the Broadcast Media in Kosovo,
For the purpose of addressing the conduct of the
print media in special circumstances and on a temporary basis pending the
establishment of an effective professional self-regulation by the print media
in Kosovo,
Hereby promulgates the following:
Section 1
1.1 The
Temporary Media Commissioner, in special circumstances, may issue temporary
Codes of Conduct. Before issuing any
such code, the Temporary Media Commissioner shall consult with the Special
Representative of the Secretary-General, and interested, media-related parties
as appropriate.
1.2 The
Special Representative of the Secretary-General may promulgate into law any
such code by administrative direction.
Section 2
2.1 The Temporary
Media Commissioner may impose one or more of the following sanctions on owners,
operators, publishers, editors-in-chief, and/or those with ultimate and final
editorial control of publications published and/or distributed within Kosovo,
who operate in violation of the applicable law, or such code or codes of
conduct as may be promulgated under section 1.2 hereof, or section 4.1:
(a)
A warning;
(b)
The requirement
to publish a reply, correction or apology;
(c)
A fine of not
less than DM 1,000 and not exceeding DM 100,000;
(d)
Seizure of
equipment and/or printed material; and
(e)
Suspension or
close down of operations.
2.2 The
imposition of any sanctions pursuant to the present regulation shall be without
prejudice to any applicable criminal sanctions and civil causes of action.
2.3 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.
2.4 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 3
3.1 A person
or entity affected by a decision of the Temporary Media Commissioner to impose
sanctions may appeal to the Media Appeals Board (“the Board”) established under
UNMIK Regulation No. 2000/36 against such a decision.
3.2 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.
3.3 Decisions
of the Temporary Media Commissioner shall remain in effect until the Board has
issued a final decision modifying or rescinding the decision of the Temporary
Media Commissioner.
Section 4
4.1 Owners,
operators, publishers and editors shall refrain from publishing personal
details of any person, including name, address or place of work, if the
publication of such details would pose a serious threat to the life, safety or
security of any such person through vigilante violence or otherwise.
4.2 Nothing
in the present regulation in any way limits or restricts 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 5
The Special Representative of the Secretary-General
may give administrative directions in connection with the implementation of the
present regulation.
Section 6
The present regulation shall supersede any provision
in the applicable law which is inconsistent with it.
Section 7
The present regulation shall enter into force on 17
June 2000.
Bernard Kouchner
Special Representative of
the Secretary-General