:: IMC Legal Bases

On 21 April 2005, Assembly of Kosova approved the Law no. 02/L-15 for the Independent Media Commission and Broadcasting, and it was promulgated by the SRSG on 8 July 2005 by the regulation no. 2005/34. IMC Law has entered into force on 8 September 2005.

IMC Council established on 28 August 2006 issues acts, directives, politics and duties which are necessary for effective application of this law. Until now the IMC Council has issued Broadcasting Policy and IMC Guidelines on Application of Sanctions on Licensees. 

Broadcast Code of Conduct, Guidelines on Copyright, Qualifications for Licenses, as well as other documents issued by the Temporary Media Commissioner continue to remain in force until amended, replaced or abrogated by the IMC Council.

MAB has adopted its own rules of procedure.

Other laws which relate to the IMC include the Copyright and Related Rights and Law on Radio Television of Kosovo.

::Background

In June 2000, UNMIK officially established the institution of the Temporary Media Commissioner (TMC) institution, charging it with promoting independent and professional media in Kosovo through a “temporary regulative regime for all media in Kosova”. Accordingly, the TMC has issued broadcasting licenses, formulate media codes of conduct and drafted election coverage rules. TMC also issued explanatory guidelines, policy statements and occasional reports on media activity in Kosovo.

The TMC was legally established on 17 June 2000 by the UNMIK Regulation No. 2000/36 and No. 2000/37, to regulate the broadcast media and –to a carefully limited extent - print media in Kosovo. In addition to establishing the TMC’ authority, these Regulations enacted the TMC’s Broadcast Code of Conduct and Temporary Code of Conduct for Print Media.

UNMIK Regulations 2000/36 and 2000/37 were followed by UNMIK Administrative Directive 2000/22. In addition, although the TMC’ ability to apply financial sanctions to enforce Codes of Conducts was implicit in these Regulations UNMIK Administrative Directive 2003/8  formally enabled the TMC to seek Court actions to enforce the  payment of financial sanctions.

Administrative Directive 2005/4 extended the TMC'S regulatory authority to cable broadcasters and 2005/5 affirmed his possibility to impose sanctions on corporations as well as individuals.  

UNMIK Executive Decision 2005/26 allowed print media whose appeals against TMC sanctions were pending upon creation of the IMC to continue to have the right to appeal before the MAB, and transfer to the IMC the authority to seek the enforcement of any unpaid fines of print media.

In 2004, the TMC assisted Central Elections Commission in developing media rules for the parliamentary elections in October, 2004 and was requested to draft Electoral Rule Nr.10 (on Media During Electoral Campaign). To help media better understand and apply key sections of the election rules, the TMC issued two sets of Media Guidelines for Elections. The TMC subsequently issued two reports on media coverage of electoral campaign:  an Interim Election Report 2004 and a Final Election Report 2004.

With the establishment of Press Council of Kosovo, since 2005 the Office of Temporary Media Commissioner had no authority on regulation of print media.

Constitution of IMC Council created a local permanent agency which is legal successor of the Office of Temporary Media Commissioner, which has regulated broadcasting since June 2000.  

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