The Future Council for Public Interest Messages: Creation and Powers

Question: By decision of the Audiovisual Council (AC), the authority rejected the request of the Police Inspectorate to provide support for the free TV coverage of three road safety video spots, meant to raise public awareness. The AC cited the law, stating that the responsibility for planning public interest messages belongs to the Council for Public Interest Messages.

What kind of entity is this Council? When will it be created and what powers will it have?

Answer: On January 8th, 2023, a new Advertising Law has come into force in Moldova. The document defines and regulates, for the first time, public interest messages. These messages can address fundamental human rights, the protection of health or the environment, measures to ensure public safety, or other values protected by law.

Public interest messages can be broadcasted both for free and for a fee, and must comply with a series of requirements. For example, the law expressly prohibits these messages from referring to the achievements of public sector entities or containing political or commercial advertising.

According to the new Advertising Law, the entire activity related to planning, evaluating, and monitoring the broadcasting of public interest messages is to be coordinated by a Council. However, the law does not specify what legal status this structure will have (public institution, public authority, or ad-hoc body), who the members of the Council will be (the number and status of individuals), and the detailed powers of the body.

The document only specifies that the members of the Council for Public Interest Messages will carry out their activity in public meetings, without being remunerated, and that the structure, mode of establishment, organization, and functioning of the Council is to be established in a Government Decision.

When should the Government Decision be issued? The law has given a deadline of three months from the date of entry into force of the new law (art. 53 para. 3). Therefore, the document should be approved by April 8th, 2023. However, there is currently no draft decision available on the platforms that ensure transparency in the decision-making process.