Doc. 9595 revised (English only)

18 October 2002

Violation of the right of the mass media to free expression and information in Romania

Motion for a resolution

presented by Mr Ionescu and others

1.       The private television channel Omega TV (OTV) has emerged in the Romanian media due to the impartiality that characterises the debate shows in which are discussed political, social, economical, cultural and religious issues. The channel has also registered a significantly higher rating than any other TV channels (national or private).

2.       The impartiality of this TV channel results from the fact that, in the debates that it organises, both personalities and representatives from the entire political spectrum are invited without paying attention to their political colour. Among them there have been the former President of Romania and all the past prime ministers as well as the leaders of political parties. Moreover, the profound democratic vision promoted by OTV in the media took concrete form in the interactive character of the debates – the interested population having the possibility to express their opinion “on line”.

3.       As a result of a critical intimation issued by the Presidential Institution, by an abusive measure, the National Council for Audiovisual (NCA) of Romania, invoking false pretexts that “the channel promotes xenophobic, racist and anti-semitic opinions” has withdrawn the license of the Omega TV channel. In reality the NCA decision violates the right and the freedom of expression and information being criticised by many democratic institutions such as the BBC, the Financial Times, the Human Rights Defense Association – Helsinki committee.

4.       This decision was generated mainly by the fact that the moderator officially recognized that during the election period there was pressure for the non-access of the opposition representatives on the TV channels.

5.       Romania ratified the Human Rights Charter and the European Convention on Human Rights, thus committing itself to respecting the fundamental rights that they comprise and that are also written in the Constitution of Romania (see Article 30 which prohibits censure) including the right to freedom of expression and information.

6.       Considering that such a prohibition is a dangerous precedent,

      The Assembly appeals for:

      i. respect of the obligations which Romania assumed by becoming part of the international treaties regarding the freedom of expression and information;

      ii. the re-establishment of the competitive environment in the mass media without taking account of the property form;

      iii. the reconsideration under urgent procedure of the concrete situation of the Omega TV channel and the rehabilitation of their right to transmit;

      iv. the unconditional support of the real democratisation process in the media and the ruling out of political interference in the exercise of the freedom of expression and information.

Signed : ¹

Ionescu, Romania, NR

Agramunt, Spain, EPP

Asciak, Malta, EPP

Barquero Vázquez, Spain, EPP

Billing, Sweden, EPP

Bušić, Croatia, EPP

Cherribi, Netherlands, LDR

Coifan, Romania, LDR

Fernández- Aguilar, Spain, EPP

Galoyan, Armenia, EPP

Hovhanissyan, Armenia, EDG

Ilaşcu, Romania, NR

Isohookana-Asunmaa, Finland, LDR

Padilla, Spain, EPP

Rustamyan, Armenia, SOC

Tevdoradze, Armenia, SOC

Topalli, Albania, EPP

Zaćiragić, Bosnia and Herzegovina, LDR

¹        SOC: Socialist Group

      EPP: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group