Temporary interruptions as a sign of protest due to the imposed unconstitutional obligations in the Law on Audio and Audiovisual Media Services
If an appropriate solution is not found, all television channels that are rebroadcast in the country will be turned off as of 8 August this year

We hereby inform the customers that we are forced to start with temporary interruptions in the rebroadcast of all television programs, except for the public broadcasting service MRT as of 21 June 2020. This is due to the modification of the primary and secondary regulations in the Law on Audio and Audiovisual Media Services, which imposes unconstitutional and retroactive obligations on the operators for re-registration of all foreign channels. In this way we want to raise the level of awareness of the seriousness of this issue with the general public and our customers.

Despite all the efforts, reactions and openness for cooperation in the interest of the customers, not only that the situation with the rebroadcast of the television channels is not solved, but it is becoming more and more complicated. The decision for temporary interruptions is supported by the operators who are part of the ICT Association of the Economic Chamber of Macedonia, who are determined and ready to proceed with interruptions as a sign of protest.

The reason for this step is the adoption of the unconstitutional modifications and amendments to the Law on Audio and Audiovisual Media Services in a summary and non-transparent procedure, without prior consultation and discussion. Therefore, the operators submitted an initiative to the Constitutional Court for assessment of the constitutionality and legality of the modifications to the Law, for which we still expect a resolution. This Law imposes an obligation on all operators to guarantee the copyrights of the programs they do not create but merely rebroadcast and to bear criminal and material liability for that. This means that there is no possibility for the channels to be registered, and thus to be rebroadcast, but in no case does it mean protection of the copyrights under which veil the unconstitutional modifications to the Law were adopted because the manner of rebroadcast of the programs and the copyright protection has also been regulated by law so far and is in accordance with the EU standards.

Additionally, on 29.05.2020, during a state of emergency, a Decree was adopted which supplemented the law with another obligation to the detriment of the operators and the customers which calls into question the further rebroadcast of television content through our public electronic communications network. This Decree imposes an obligation on the operators to re-register the already registered foreign channels within 60 days.

After the expiration of this period, i.e. on 08.08.2020, the operators will have to turn off most of the foreign channels they are rebroadcasting, due to the regulation which on the one hand requires their re-registration under new conditions without justified reasons, and on the other - requires statements with which, under moral and criminal liability, the operators would be liable for something they have no legal duty or power to control.

Given the seriousness of the situation, we believe that we should be transparent to the customers and the public and to alert them about the potential possibility of complete shutdown of the platforms for rebroadcasting of program content after 08.08.2020. After this move, there is a risk that Makedonski Telekom will be forced to completely turn off the TV platform, due to the economic unprofitability of its operation in the future.

As before, we are open for cooperation and we have offered a proposal for modification of the bylaws, which, if accepted, will constitute a joint solution that will pave the way towards preventing the potential media and information blackout.

We will do everything in our power to find a solution that would result in avoiding further damage and protection of the consumers and the general public.

Makedonski Telekom AD - Skopje

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