Manole and others v the Republic of Moldova

The Manole and others v the Republic of Moldova case concerns concerns undue interferences with the right of freedom of expression of journalists, editors and producers working at the state television company Teleradio-Moldova on account of censorship and political control by the state authorities in the period 2001-2006. The Court found a violation of Article 10 arising inter alia from insufficient statutory guarantees of independence for the public broadcaster. It noted that the legislative framework had been flawed throughout, in that it did not provide sufficient safeguards against the control of Teleradio-Moldova’s senior management, and thus its editorial policy, by the political organ of the government.

The Court indicated under Article 46 that the Republic of Moldova was under a legal obligation to take general measures at the earliest opportunity to remedy the situation, including by undertaking legislative reform to ensure that the legal framework complies with the requirements of Article 10, which also takes into account the Committee of Ministers' Recommendation Rec(96)10 on the guarantees of the independence of public service broadcasting and the recommendations of the Council of Europe experts on the draft law on public service broadcasting in Moldova.

Independent Journalism Centre outlined the key facts and the rights violations of the case:

General Principles (Pluralism in Audiovisual Media)

  • Teleradio-Moldova (TRM) held a position of dominance (private TVs were too weak).

  • The authorities had the duty (positive obligation) to ensure: the public access to impartial and accurate information & diversity of political outlook; journalists & other professionals are not prevented from imparting info.

Interference with the applicants' right to freedom of expression:

  • Media employees – directly affected by the policy applied by their employer

  • Sanctions taken by an employer -> interference with freedom of expression

Conclusion on compliance with Article 10:

  • TRM enjoyed virtual monopoly over audiovisual broadcasting in Moldova.

  • The State failed to comply with its positive obligation.

  • The legislative framework was flawed (it did not provide sufficient safeguards against the control of TRM's senior management, and thus its editorial policy, by the political organ of the Government).

  • These flaws were not remedied when Law on TRM (2002) was adopted.

Independent Journalism Centre assessed the legislative framework in 2021:

  • Despite some positive preliminary findings (such as the criminalization of censorship), the law still allowed for a general tendency to favor (slightly) the Government.

  • Causes: Funding mechanism & indirect interference in the selection of Supervisory Body

  • In 2021, two main amendments had been enacted to the Code of Audiovisual Media Services

  • Amendments changed procedures for appointing and removing members of the NRA (Audiovisual Council), enabling its’ members to be appointed by Parliament, which also has discretionary right to reject the candidates. Furthermore, NRA (Audiovisual Council) members can be dismissed by Parliament, in case of finding "defective activity" or "improper performance of duties" or in case of rejecting of the annual activity report.

  • Amendments changed the procedures for appointing and removing members of the TRM's Supervisory Body and the General Director:

    • General Director to be appointed by Parliament at the proposal of the Supervisory Council (SC). Parliament given discretionary right to reject candidates.

    • Dismissal of General Director by Parliament, in case of finding “defective activity”, improper performance or non-performance of the duties.

    • Appointment of General Director by Parliament & CSOs. The Parliamentary Commission has the last word.

    • Dismissal of Supervisory Council if Parliament finds “defective activity”, improper performance or non-performance of the SC duties. Rejection of the annual activity report.

Updated Action Plan by Authorities (December 2023) and Independent Journalism Centre’s concerns:

Several general measures were presented by the authorities:

  • Draft Law no. 218 of 4 July 2023 amending the Code of Audiovisual Media Services and Draft Law on the Subsidy Fund.

    • These draft laws are unrelated to the implementation of the ECtHR judgment in the present case. The regulations do not extend their purview to encompass the public broadcaster or NRA.

  • The commitment of the Parliamentary Committee (PC) regarding the review of the relevant provisions of the Code of Audiovisual Media Services so as to secure the independence of the members of the Supervisory Council of TRM:

    • Independent Journalism Centre is a member of the Parliamentary Joint Working Group

    • The matter pertaining to the review of relevant provisions within the AMSC has not been deliberated within the agenda of the PC/PJWF

    • Requests made by the IJC to instigate efforts in this regard have yet to be acknowledged or acted upon

Independent Journalism Centre highlights the evidence on the general tendency to favor governing political forces:

  • Freedom House, Nations in Transit 2020: Moldova, April 2020: “The editorial independence of the public broadcaster TRM remains flawed. According to the new Code of Audiovisual Media Services, the members of TRM’s Board of Supervisors are to be appointed by the AC, which is highly politicized. Domestic monitoring organizations identified sporadic instances of biased coverage in TRM’s reporting.”

  • Monitoring Reports: OSCE/OHDIHR, November 2020 (TRM gave I. Dodon - former president of the Republic of Moldova - positive media coverage, while his opponent had neutral coverage. Election, Second Round); IJC, March 2021, April-September 2020

  • Recent (November - December 2022 and December 2023): a slight bias toward the governing party was observed in terms of news coverage frequency, including direct citations as sources; representatives of non-parliamentary political parties received limited attention in the news.

The 2021 legislative amendments are characterized by:

  • Flawed appointing/selection mechanisms for the NRA (Audiovisual Council), TRM's Supervisory Body and General Director

  • Flawed dismissing/revoking mechanisms for the NRA (Audiovisual Council) members, TRM's Supervisory Body and General Director

  • Direct subordination to the Parliament.

The Independent Journalism Centre asked the Committee to request Moldovan authorities to:

  • Review the pertinent provisions of the Audiovisual Media Services Code No. 174/2018;

  • Reinstate the mechanisms that govern the status and composition of the NRA (Audiovisual Council), TRM's Supervisory Body, and senior management, as outlined in the 2018 version of the Audiovisual Media Services Code;

  • Ensure that these mechanisms include clear safeguards for a genuine independence of the NRA and immovability of its members, as well as exclude possible political control of TRM;

  • Ensure that subsequent legislation overseeing the procedures for public competitions in the selection of NRA (Audiovisual Council) members, TRM's Supervisory Body, and senior management incorporates well-defined and measurable criteria for evaluating and assessing candidates;

  • Amend the Audiovisual Media Services Code in order to ensure that the funding model for the public broadcaster will reduce the vulnerability of TRM to influence from governing political parties.