Featured Image

The Ombudsperson emphasizes that judicial control is needed for the suspension of the business certificate of Klan Kosova television

20/06/2023

Prishtina, 19 June 2023 – Triggered by the public debate and the concerns raised by journalists and citizens in the media and social networks, regarding the decision of the Kosovo Business Registration Agency (KBRA) to suspend the business certificate of the Klan Kosova company, the Ombudsperson brought to attention the constitutional and legal guarantees that guarantee the inviolability of freedom of expression and freedom of media as democratic values in the Republic of Kosovo.

The Ombudsperson also recalls that the Republic of Kosovo has created constitutional and legal mechanisms that guarantee full respect and inviolability of freedom of expression and freedom of media. This standard does not allow the Government or any other public, administrative or judicial authority to hinder or restrict the freedom of expression and the freedom of media, except for the restriction set forth by law “when such a thing is necessary to prevent the encouragement and provocation of violence and hostility on grounds of race, nationality, ethnicity or religion.”

Freedom of expression and freedom of media are rights guaranteed by the Constitution of the Republic of Kosovo under Article 40 [Freedom of expression expressly states that: “Freedom of expression is guaranteed. Freedom of expression includes the right to express oneself, to disseminate and receive information, opinions and other messages without impediment.”

Likewise, according to the Constitution of the Republic of Kosovo, Article 42 [Freedom of Media] “Freedom and pluralism of media is guaranteed” expressly defining that “Censorship is forbidden. No one shall prevent the dissemination of information or ideas through media, except if it is necessary to prevent encouragement or provocation of violence and hostility on grounds of race, nationality, ethnicity or religion.”

The Ombudsperson also recalls that freedom of expression and freedom of media are also guaranteed by the international instruments which are defined by the Constitution directly applicable in the Republic of Kosovo and have priority in case of conflict with the laws in the country: Universal Declaration of Human Rights (UDHR) article 19, ECHR (Article 10 para. 1 and 2), International Covenant on Civil and Political Rights (ICCPR): (article 19, para. 1 and 2).

Also, in the spirit of the constitutional provision, Article 53 [Interpretation of Human Rights Provisions], the Ombudsperson points out that the freedom to provide information and ideas is complementary to the freedom to receive information and ideas, especially in terms of print and broadcast media and states should not intervene between the broadcaster and the receiver. (ECtHR case “Groppera Radio v. Switzerland, 1990, and Casado Coca v. Spain, 1994”.)

The Ombudsperson recalls that the Independent Media Commission (IMC), pursuant to Article 141 of the Constitution, is “… an independent body, which regulates the Range of Broadcasting Frequencies in the Republic of Kosovo, issues licenses to public and private broadcasters, establishes and implements broadcasting policies and exercises other competencies as set forth by law” while according to Law No. 04/L-44 on the Independent Media Commission, the IMC shall regulate the rights, obligations and responsibilities of natural and legal persons that provide audio and audiovisual media services, including license terms.

The Ombudsperson emphasizes that the decision issued on 14 June 2023, by the Kosovo Business Registration Agency (KBRA) for the suspension of the business certificate of the company “KLAN KOSOVA SH.P.K” cannot have a suspension effect on the media broadcaster and must be subject to judicial review. Therefore, the Ombudsperson will not deeply assess the lawfulness of the decision as an administrative act, because this will be carried out by the court.

The Ombudsperson reiterates that the freedom of expression and freedom of media in the Republic of Kosovo are guaranteed as a fundamental right, therefore under no circumstances can the Government or any other authority interfere in the impediment or limitation of this right, except in the specified circumstances set forth by law.