AGENCY FOR AUDIO AND AUDIOVISUAL MEDIA SERVICES

Transcription

1 AGENCY FOR AUDIO AND AUDIOVISUAL MEDIA SERVICES

2 Contents An up-close look at the Agency... 3 Granting of radio and television broadcasting licenses... 4 Supervision...5 Types of supervision...6 Protecting juvenile audience...7 Popularizing the right to reply and correction...8 Media literacy...9 Monitoring treatment of gender in the media Access to media for persons with sensory impairments EU integration and international cooperation Accountability and transparency Agency structure The Professional Service Address and contact details

3 AGENCY FOR AUDIO AND AUDIOVISUAL MEDIA SERVICES An up-close look at the Agency... In the late nineties more precisely, in 1997 the foundation of the Broadcasting Council as a regulatory authority marked the beginning of independent regulation of the privately-owned radio and television stations and the Public Broadcasting Service in the Republic of Macedonia. The Council commenced work as a collective body composed of 9 members, with a chairperson and deputy chairperson elected from their own ranks. Throughout the years, the number of members changed depending on the legal amendments, the biggest change being the one that took place in January 2014, after the Law on Audio and Audiovisual Media Services came into force. when the Broadcasting Council was transformed into an Agency for Audio and Audiovisual Media Services and the latter continued to perform regulation as the Council s legal successor. Two new organs were established within the Agency: the Council of the Agency and the Director. With time, the Agency s scope of obligations and range of activities expanded to keep pace with the development and technological achievements in the audiovisual sphere. Apart from the broadcasters, operators of public electronic communications and print media publishers became the subject of regulation as well, albeit to a more limited extent. The Agency s functions are defined in more detail by its Rules of Procedure, which prescribe: its scope of work, competences and responsibilities; how the sessions of the Agency Council and the public meetings are run; the procedure for adopting bylaws and other acts; the procedure for granting, revoking and extending television and radio broadcasting licenses; protection of pluralism and diversity of the audio and audiovisual media services; retransmission of programme services via public electronic communication networks, as well as supervision and the measures against violations of the provisions and other regulations relevant to the Agency s work. 3

4 Granting of radio and television licenses Radio or television broadcasting may be performed only on the basis of a valid license, which is granted by the Agency for Audio and Audiovisual Media Services. The licenses are granted: by way of a public competition, for broadcasting via technical means that constitute a limited resource radio-frequencies (for radio only) or digital terrestrial multiplex transmission capacities (both radio and television), and without public competition, for broadcasting via technical means that do not constitute a limited resource a public electronic communication network that does not use a limited resource or a satellite. The licenses have a validity period of nine years, with a possibility to be extended. 4

5 AGENCY FOR AUDIO AND AUDIOVISUAL MEDIA SERVICES Supervision Supervision is one of the most important aspects of regulation. The Agency s role is to verify if the broadcasters, operators of public electronic communication networks, providers of on-demand audiovisual services and print media publishers observe the provisions of the Law on Audio and Audiovisual Media Services, the bylaws, the terms of their programme broadcasting licenses, the programme package registration certificates they have been issued and other acts adopted by the Agency. In accordance with the Electoral Code, apart from conducting supervision, the Agency also monitors media coverage of elections by the radio and television programme services during electoral processes, implementing a pre-defined methodology. 5

6 Types of supervision Supervision performed by the Agency in line with the Law on Audio and Audiovisual Media Services and the Media Law can be as follows: programme supervision (over programmes of the broadcasters, the providers of on-demand audiovisual media services and the operators of public electronic communication networks); administrative supervision (over broadcasters and print media publishers), and expert supervision (over broadcasters and this only in order to ascertain if the technical, spatial and staffing conditions they have provided correspond to those stated in their application for obtaining a television or radio broadcasting license). Programme and administrative supervision can be: regular (based on the annual plans for supervision); ad-hoc (based on an initiative submitted by a state authority, a legal entity or a physical person, or as the Agency s official duty in case of suspected irregularities), and control supervision (conducted after the deadline for meeting the relevant provisions of the law and the bylaws has expired). 6

7 AGENCY FOR AUDIO AND AUDIOVISUAL MEDIA SERVICES Protecting juvenile audience Protecting minors from programmes that may be harmful to their physical, psychological or moral development is one of the most important tasks of the Agency for Audio and Audiovisual Media Services, which the Agency takes quite seriously. Broadcasters and the providers of on-demand audiovisual media services must not air programmes that may seriously harm minors. This refers in particular to programmes containing pornographic scenes or unnecessary violence. This restriction refers to other programmes as well that are likely to harm minors, except when steps are taken to make sure that minors will not be able to hear or see these programmes in the usual manner. In November 2014, the Agency for Audio and Audiovisual Media Services adopted a new Rulebook that defined the method of content rating and the broadcasting times of the audiovisual programmes that may be harmful to minors, the forms of acoustic and visual warning, the visual signs and the technical measures for protection. When conducting supervision to verify one s compliance with the provisions for the protection of minors, the Agency also takes into account the programme classification and, if it finds that the categorization criteria have been disregarded, it takes appropriate measures (imposes a warning, i.e. initiates a misdemeanor procedure in case the same violation continues to be committed despite the warning). 7

8 Popularizing the right to reply and correction REPLY AND CORRECTION WHO, WHEN AND HOW? As part of its work on a broader programme for promoting media literacy, the Agency has prepared a Plan for Popularizing the Right to Correction and Reply, although this matter is not within its direct competence. The goals are: to raise citizens and legal entities awareness of the opportunity to correct false information and protect their honour and reputation by utilizing the mechanism provided by the Media Law, and to better acquaint the providers of audio and audiovisual media services with their rights and obligations when publishing a reply or correction. In this context, a special section has been created on the Agency s website, where citizens and legal entities can obtain, in a plain and understandable language, information about the legal options and regulations related to exercising the right to reply and correction. In this regard, the Agency also maintains continuous cooperation with the journalist associations, the self-regulatory body on media ethics and other authorities. 8

9 AGENCY FOR AUDIO AND AUDIOVISUAL MEDIA SERVICES Media literacy For the purpose of developing and promoting media literacy in the Republic of Macedonia, the Agency prepared, with expert assistance, a Programme for Promoting Media Literacy in the Republic of Macedonia. The basic goals of this Programme are to raise awareness about the media literacy concepts, help increase citizens understanding of media literacy and improve the conditions for civic and democratic participation. With the aim of drawing parents attention to the fact that there is a software in the Republic of Macedonia that they can use for efficient control over the online contents accessed by their children, the Agency made an adapted Macedonian-language version of the TV spot titled Where is Klaus?, created by the German organization Klicksafe (klicksafe.de). A Macedonian-language version has also been made of the animated spot titled A Journey to Media Literacy by the European Association for Viewers Interests (EAVI). 9

10 Monitoring treatment of gender in the media For several years in a row, the Agency has been conducting research into the manner of depicting and portraying women and mеn in the broadcasters programmes and preparing analyses of the gender issues in the programme concepts and contents of the mass media. The results of these analyses are made available to the public. The Agency also holds debates and workshops on enhancing media professionals capacities on issues concerning gender equality. 10

11 AGENCY FOR AUDIO AND AUDIOVISUAL MEDIA SERVICES Access to media for persons with sensory impairments The Agency for Audio and Audiovisual Media Services has been continuously dedicated to lifting the barriers that prevent persons with sensory impairments from accessing information and using audiovisual services which are available to the majority of Macedonian citizens. In this regard, the Agency prepared, using expert assistance, a Programme for Ensuring Access to Media for Persons with Sensory Impairments, which envisages activities and measures to be taken up by the Agency in the period , with the aim of promoting better access to programmes offered by the providers of audiovisual media services in Macedonia for persons with vision and hearing impairments. 11

12 EU integration and international cooperation The Agency for Audio and Audiovisual Media Services maintains continuous cooperation with the European, as well as other international organizations and institutions, on affairs concerning the audiovisual sphere. It is a member of the European Platform of Regulatory Authorities (EPRA), the European Regulators Group for Audiovisual Media Services (ERGA), the Mediterranean Network of Regulatory Authorities (MNRA), and it constantly develops and promotes bilateral cooperation with other regulatory authorities the regulators in the region in particular. The Agency takes active part in the process of European integration of the Republic of Macedonia. 12

13 AGENCY FOR AUDIO AND AUDIOVISUAL MEDIA SERVICES Accountability and transparency The Agency is accountable to the Parliament of the Republic of Macedonia, to which it submits annual work reports. In order to make it possible for all interested parties to present their standpoints and opinions regarding the development of audio and audiovisual media services in the Republic of Macedonia, the Agency organizes public meetings, which are held once every three months. The Agency provides the public with regular and timely information on the more important issues within the scope of its work by way of pressconferences, press releases, interviews, statements for the media and via its web page. 13

14 Agency structure The Agency has two organs: the Council and the Director. Agency Council The Council makes decisions on granting, revoking and extending television or radio broadcasting licenses, on changes in the ownership structure and on illicit media concentration; adopts bylaws and oversees the implementation of the Agency s annual work programme. It is composed of seven members, selected to reflect the diversity of the Macedonian society, adequately representing both genders. The members are appointed by the Parliament for a term of seven years, on the proposal of authorized proposers, as follows: the two journalist associations in the Republic of Macedonia with the largest memberships propose one member to the Council each; the Interuniversity Conference proposes one member to the Council; the Bar Association of the Republic of Macedonia proposes one member; the Elections and Appointments Committee of the Parliament of the Republic of Macedonia proposes two members, and the Association of Local Governance Units of the Republic of Macedonia proposes one member. Director of the Agency The Council elects the Director of the Agency by way of a public competition. The Director organizes and manages the work of the Agency by representing it, signing contracts on its behalf and adopting decisions on affairs within the Agency s competence; he issues programme package registration certificates, proposes bylaws and other acts to be adopted by the Council, takes up measures in cases of violation of the legal provisions, bylaws and the obligations defined in the and, proposes the Agency s Rules of Procedure, annual work reports and annual work programmes. The duration of the Director s mandate is seven years. 14

15 AGENCY FOR AUDIO AND AUDIOVISUAL MEDIA SERVICES The Professional Service There are five departments and one independent unit operating within the frameworks of the Agency s Professional Service, as follows: Department for coordination and support to the agency director and council s activities provides support to the Director in his/her work, is responsible for the preparation and holding of the Council s sessions, coordinates the activities related to EU integration and international cooperation in the audiovisual sphere and maintains communications with the public. Programme affairs department conducts programme and administrative supervision to verify if the legal provisions and stipulations of the Agency s bylaws are observed, takes care of the respect for human rights, undertakes activities for the protection and development of media pluralism and for fostering and protection of cultural identity. Department of law, economy and finance prepares measures to be imposed by the Director, initiates misdemeanour proceedings and conducts settlement procedures, performs tasks related to administrative and legal operations and human resources management and executes duties relating to the Agency s material and financial operations. Strategic Planning and Author s Rights Department oversees broadcasters ownership structure and media concentration, performs administrative supervision over the work of the broadcasters and print media publishers, ensures consistent observance of author s and related rights and the prevention of piracy. IT support and general affairs sector follows the development of new technologies in the audiovisual sphere, ensures proper functioning of the Agency s IT infrastructure and installed software solutions, runs general affairs related to the Agency s daily operations and conducts public procurement. Internal audit department conducts internal auditing of the Agency s operations in line with the internal audit strategic and annual plans. 15

16 AGENCY FOR AUDIO AND AUDIOVISUAL MEDIA SERVICES OF THE REPUBLIC OF MACEDONIA Address: Palata Panko Brashnarov ul. Makedonija, br. 38, 1000 Skopje Republic of Macedonia e-address: tel: (0)