The Code of Audiovisual Media Services’ provisions stipulating that commercials and teleshopping will be excluded from foreign audiovisual media services retransmitted in Moldova were declared unconstitutional.  The Constitutional Court made such a decision on November 23, after examining a request concerning the exception of unconstitutionality made by commercial organizations that retransmit foreign TV programs, IPN reports.

In a press briefing, CC president Domnica Manole said the request was analyzed through the angle of the constitutional provisions concerning the guaranteeing of the freedom of expression. Also, the Court noted that the Republic of Moldova ratified the European Convention on Transfrontier Television, while Article 4 provides that the signatories must ensure the freedom of expression and the freedom of information. The Court held that the right to the freedom of expression includes the right to retransmit foreign programs that contain commercials or teleshopping.

According to the Court, the challenged provisions are rigid and set down a general measure referring to the foreign audiovisual media service providers. “Given that the lawmaker imposed an absolute obligation without taking into account measures that encroach less upon the freedom of expression of audiovisual media service providers and without making a difference between the programs retransmitted by states that are parties to the European Convention on Transfrontier Television and states that are not parties to the Convention, the Court ruled that the challenged provisions of Article 66, paragraph 7 of the Code of Audiovisual Media Services are unconstitutional,” stated Domnica Manole.

Constitutional judge Nicolae Roșca formulated a separate opinion that hasn’t been yet made public.