IKD: IMC is seriously undermining media freedom

The Kosovo Institute for Justice (IKD) has expressed deep concern over recent decisions by the Independent Media Commission (IMC), concluding that they constitute a serious threat to media freedom and exceed the institution's legal mandate. According to the IKD, the IMC is acting beyond its powers by assuming the role of a court and sanctioning media outlets for statements made by third parties during television programmes. The institute warns that this approach sets a dangerous precedent for the functioning of the media and public debate in a democratic society. The IKD stresses that the IMC should assess only the editorial conduct of a broadcaster — such as the moderator's intervention, the balance of debate and the opportunity given for a right of reply — and not sit in judgement on the content of guests' statements. In its response, the IKD also invokes the case law of the European Court of Human Rights, emphasising that punishing media outlets for statements made by third parties may infringe freedom of expression, except where very strong legal grounds exist. The institute argues that holding media outlets objectively liable for every statement made by their guests is incompatible with Article 10 of the European Convention on Human Rights and risks curtailing the role of journalists in public debate. The IKD has also criticised warnings regarding the possible closure of the programme "Debat Plus", describing them as a problematic approach that could be perceived as pressure on the media. In closing, the IKD calls on the IMC to return to exercising its legal mandate as a media regulator, to uphold European standards, and to act strictly within its constitutional and legal authority, refraining from any punitive approach towards media outlets.