OSCE Mission in Kosovo statement on the new Law on the Independent Media Commission

PRISHTINË/PRIŠTINA, 11 July 2024 - The OSCE Mission in Kosovo is concerned by certain aspects of today’s adoption by the Assembly of Kosovo of a new Law on the Independent Media Commission (IMC).

The IMC performs a key role in Kosovo’s media regulatory framework. Its ability to operate independently and professionally has been key to its credibility and authority. International experts on media law therefore provided – on behalf of the Council of Europe, the European Union and the OSCE - detailed recommendations on aligning the law with international standards. Unfortunately, however, the majority of these recommendations have not been reflected in the law adopted.

Key expert recommendations which have not been taken into account reflected concerns about new provisions which will have an impact on the IMC’s composition, role and responsibilities, as well as on procedures for electing new members and terms of service for those elected. Recommendations on the role and responsibilities of the IMC during election campaigns were also disregarded.

The extension of the IMC’s jurisdiction to social media, coupled with the absence of clear criteria for blocking harmful content, raises concerns about proportionality and has potential implications for freedom of expression.

Some attempts were made to revise certain articles to achieve legal clarity and introduce procedural safeguards, but the law still lacks effective self-regulation mechanisms.

While we welcome the introduction of regulations concerning media ownership and concentration, we also note that, as drafted, they lack procedural robustness.

International experts offered their comments and recommendations in an effort to ensure that this new legislation would not only reflect international standards and best practice, but also be fit for purpose, strengthen the Independent Media Commission, and safeguard this body’s all-important independence.

The OSCE Mission remains committed to supporting Kosovo in aligning its legislation to meet the highest international standards. 

It will be important for the law now adopted to be the subject of a comprehensive review, during which the views of both Kosovo and international experts should be sought. Meanwhile we stand ready as ever to support the IMC with expert advice and capacity building.