The MFRR has previously joined civil society organisations in Kosovo in raising alarms over the law for the Independent Media Commission (IMC). Critics have seen the proposed legislation as an attack on the media, expressing worries that the ruling party may use this law to censor them. Now, this risks becoming a reality, with potentially dire consequences for media freedom and independence.

In December last year, the draft law was first adopted by the Kosovo government, led by the party Lëvizja Vetëvendosje (LVV). Ignoring local and international criticism, on 7 March 2024 the Vetëvendosje-run Assembly approved the legislative proposal in its first reading. On 11 July, the Kosovo Parliament passed the media law despite contrary advice from the Council of Europe, European Union, OSCE, and other organizations.

On 19 July, opposition parties Kosovo Democratic Party and Democratic League of Kosovo challenged the law before the Constitutional Court. The Association of Journalists of Kosovo has asked Kosovo’s President, Vjosa Osmani (aligned with LVV), to form an opinion about the IMC law and to share it with the public. She has been silent so far.

Main concerns about the law are related to potential impact on media pluralism, independence, and the broader regulatory landscape governing media outlets in the country. The proposed legislation includes several controversial provisions:

• Greater political Influence on the regulatory body: established by law as an “independent body for regulation, management, and oversight of the broadcasting frequency spectrum”, the IMC is nevertheless already subject to political influence. As they are elected by the Kosovo Parliament (where LVV currently holds 51% of the seats), IMC members often serve their own political agenda. The expansion of the IMC board from 7 to 11 members, the increase of their mandate for up to eight years, and the Parliament’s possibility of dismissing the board, in case it loses its confidence, all planned in the bill, will increase the potential for political capture, enabling even greater governmental influence over media regulation. At the same time, the Press Council of Kosovo (which consists of media representatives) will be weakened since part of online media will be regulated by IMC.
• Registration of online media: the new law requires IMC to register media based on a new definition of online media that does not exist in EU law, according to the Council of Europe’s legal opinion. This creates legal uncertainty for online media outlets.
• Fines for violating the rules under the new bill: the legislative proposal set fines ranging from €200 to €40,000 for media outlets that violate its provisions, but lacks specificity regarding which offense corresponds to which exact amount. This raises concerns about arbitrary and excessive penalties that could silence dissenting voices.
• Removal of gender equity clause: the draft law scraps the previously existing requirement for at least two women on the IMC board, violating the 2015 Law on Gender Equality and raising further worries about representation in media.

The law was passed without incorporating key recommendations from international organizations, prompting concerns about Kosovo’s commitment to maintaining European standards for media freedom. Particularly, the EU and OSCE have raised issues about the law’s impact on the composition, role, and responsibilities of the IMC, as well as its expanded powers over social media. Additionally, the CoE criticised the lack of legal clarity within the provision, proportionality of measures, and deviations from the EU acquis.

Legislative changes must be made with genuine involvement of the media sector’s associations and representatives. We thus hope that  the Constitutional Court will assess the new bill in light of the constitutional provisions on the right to freedom of expression and protection of media freedom and independence, as well as international and regional human rights standards. We urge the Court to use its mandate to repeal the law and protect fundamental rights. At the same time, we call upon President Osmani to publicly condemn the law and reiterate her commitment to promote and preserve media freedom in Kosovo.

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and candidate countries. 

On 27 June 2024, Kosovo’s Vetëvendosje MP Dimal Basha delivered a speech in  Parliament, during the second reading of Kosovo’s draft media law (IMC). This draft bill has been criticized for not taking into account recommendations from the Council of Europe, the European Commission and the Organisation for Security and Cooperation in Europe. 

On 26 June, Flutura Kusari together with Xhemajl Rexha, Chair of the Association of Journalists of Kosovo (AJK), called on Lëvizja Vetëvendosje to improve the draft law: they emphasized the need for greater transparency and proposed establishing a broad working group, including local and international experts as well as civil society representatives. On 27 June, both of them reiterated their concerns in a press conference, before the Parliamentary session. In response, Dimal has misused the parliamentary plenary session to attack only Kusari, instead of using his speaking time to discuss the draft law on IMC

Among his comments, Basha stated: “For example, we have Flutura Kusari who wants to dictate the entire Kosovo Parliament on how we should draft the law on IMC, whereas she is the same person who, in the name of freedom of expression, goes into the streets to protect Devolli (referring to her participation in the protest against shutting down of Klan Kosova (TV) owned by Devolli family). One cannot defend oligarchs in the name of media freedom, and nor can it extort this Republic.”

Xhemajl Rexha, Chair of the Board of the Kosovo Association of Journalists (AJK), condemned the politician’s verbal attack on Kusari: “We strongly denounce the vicious attack of MP Basha against our colleague and partner, Kusari. This is clearly done with the aim of silencing her, and is very troubling when it comes from those in high offices, responsible to ensure media freedoms and freedom of expression for all.”

“The accusations by MP Dimal Basha against Flutura Kusari – ECPMF’s Senior Legal Advisor – are not just an attack on her individually, but a dangerous affront to media freedom and civil society in Kosovo. This rhetoric seeks to silence critical voices and undermines the pluralistic media environment that is crucial for democracy,” said Andreas Lamm, Interim Managing Director of ECPMF.

Kosovo is currently experiencing a worrying decline in media freedom. It is increasingly common for government members to openly criticize journalists and their critics. When a leading politician attacks a woman journalist or activist it will be quickly followed by a surge of online slurs and sexist insults. Dimal Basha misused the parliamentary plenary to attack Flutura instead of responding to the criticisms about the law. 

MFRR members urge the authorities to refrain from such attacks, which can only exacerbate the sharp rise in online threats against women journalists and activists.

We stand firm in solidarity with our colleague, as well as all activists and journalists who strive to advocate for media freedom in Kosovo. The ongoing debate over the country’s draft media law underscores the critical need for transparent and inclusive legislative processes, to ensure democratic integrity. As Kosovo is actively working on implementing the European Reform Agenda, which includes reforms in the rule of law, our coalition stresses that upholding press freedom standards is essential for making progress towards EU integration.

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States, Candidate Countries and Ukraine.

Together with our partners in the SafeJournalists Network, we express our deep concern over a series of attacks on journalists and media personnel in the northern municipalities of Kosovo from May 26th to May 31st, 2023.

During the period from May 26th to May 31st, 2023, Association of Journalists of Kosovo(AJK) AJK and SafeJournalists Network recorded a total of 20 incidents of assaults and attacks against journalists and media personnel in various municipalities of Kosovo. These incidents highlight the alarming rise in violence and intimidation targeting journalists, hindering their ability to carry out their vital work in a safe and unbiased manner. The list of all 20 recorded cases is available here.

Xhemajl Rexha, Chairperson of AJK, highlights the constant appeals to local and international security bodies, urging them to provide a secure perimeter where journalists can carry out their work without hindrance or fear of attack. Unfortunately, these appeals have not been heeded so far. 

The SafeJournalists Network and  Media Freedom Rapid Response (MFRR)  find  this situation extremely worrying, as journalists tend to be the primary targets during protests and riots in northern Kosovo. Testimonies from our colleagues, along with the documented attacks, provide further evidence of the dangerous working conditions in Zvecan, particularly the lack of adequate protective equipment.

The situation raises concerns and apprehension regarding the possibility of future, potentially more severe occurrences. The SafeJournalists Network, representing over 8,200 media professionals and the undersigned organisations, calls upon the international presence in Kosovo, responsible for ensuring stability, to prioritise the protection and welfare of journalists. We urge them to promote a secure environment that enables journalists to fulfil their professional duties without fear of violence or intimidation. Furthermore, we call upon all state and local officials to ensure equal treatment of all journalists in Kosovo.

The SafeJournalists Network will inform relevant national and international stakeholders about these cases of attacks on journalists from May 26th to May 31st, 2023. We emphasise that each attack on journalists is an attack on public interest, democracy, and the rights of all citizens.

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and candidate countries.