Kosovo’s media law enables political capture of media regulatory body

The MFRR has previously joined civil society organisations in Kosovo in raising alarms over the law for the Independent Media Commission (IMC). Critics have seen the proposed legislation as an attack on the media, expressing worries that the ruling party may use this law to censor them. Now, this risks becoming a reality, with potentially dire consequences for media freedom and independence.

In December last year, the draft law was first adopted by the Kosovo government, led by the party Lëvizja Vetëvendosje (LVV). Ignoring local and international criticism, on 7 March 2024 the Vetëvendosje-run Assembly approved the legislative proposal in its first reading. On 11 July, the Kosovo Parliament passed the media law despite contrary advice from the Council of Europe, European Union, OSCE, and other organizations.

On 19 July, opposition parties Kosovo Democratic Party and Democratic League of Kosovo challenged the law before the Constitutional Court. The Association of Journalists of Kosovo has asked Kosovo’s President, Vjosa Osmani (aligned with LVV), to form an opinion about the IMC law and to share it with the public. She has been silent so far.

Main concerns about the law are related to potential impact on media pluralism, independence, and the broader regulatory landscape governing media outlets in the country. The proposed legislation includes several controversial provisions:

• Greater political Influence on the regulatory body: established by law as an “independent body for regulation, management, and oversight of the broadcasting frequency spectrum”, the IMC is nevertheless already subject to political influence. As they are elected by the Kosovo Parliament (where LVV currently holds 51% of the seats), IMC members often serve their own political agenda. The expansion of the IMC board from 7 to 11 members, the increase of their mandate for up to eight years, and the Parliament’s possibility of dismissing the board, in case it loses its confidence, all planned in the bill, will increase the potential for political capture, enabling even greater governmental influence over media regulation. At the same time, the Press Council of Kosovo (which consists of media representatives) will be weakened since part of online media will be regulated by IMC.
• Registration of online media: the new law requires IMC to register media based on a new definition of online media that does not exist in EU law, according to the Council of Europe’s legal opinion. This creates legal uncertainty for online media outlets.
• Fines for violating the rules under the new bill: the legislative proposal set fines ranging from €200 to €40,000 for media outlets that violate its provisions, but lacks specificity regarding which offense corresponds to which exact amount. This raises concerns about arbitrary and excessive penalties that could silence dissenting voices.
• Removal of gender equity clause: the draft law scraps the previously existing requirement for at least two women on the IMC board, violating the 2015 Law on Gender Equality and raising further worries about representation in media.

The law was passed without incorporating key recommendations from international organizations, prompting concerns about Kosovo’s commitment to maintaining European standards for media freedom. Particularly, the EU and OSCE have raised issues about the law’s impact on the composition, role, and responsibilities of the IMC, as well as its expanded powers over social media. Additionally, the CoE criticised the lack of legal clarity within the provision, proportionality of measures, and deviations from the EU acquis.

Legislative changes must be made with genuine involvement of the media sector’s associations and representatives. We thus hope that  the Constitutional Court will assess the new bill in light of the constitutional provisions on the right to freedom of expression and protection of media freedom and independence, as well as international and regional human rights standards. We urge the Court to use its mandate to repeal the law and protect fundamental rights. At the same time, we call upon President Osmani to publicly condemn the law and reiterate her commitment to promote and preserve media freedom in Kosovo.

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and candidate countries.