UNMIK/REG/2000/37

17 June, 2000

REGULATION NO. 2000/37

ON THE CONDUCT OF THE PRINT MEDIA IN KOSOVO

The Special Representative of the Secretary-General,

Pursuant to the authority given to him under United Nations Security Council resolution 1244 (1999) of 10 June 1999,

Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999, as amended, on the Authority of the Interim Administration in Kosovo,

Recalling UNMIK Regulation No. 2000/36 of 17 June 2000 on the Licensing and Regulation of the Broadcast Media in Kosovo,

For the purpose of addressing the conduct of the print media in special circumstances and on a temporary basis pending the establishment of an effective professional self-regulation by the print media in Kosovo,

Hereby promulgates the following:

Section 1

Codes of Conduct

1.1 The Temporary Media Commissioner, in special circumstances, may issue temporary Codes of Conduct. Before issuing any such code, the Temporary Media Commissioner shall consult with the Special Representative of the Secretary-General, and interested, media-related parties as appropriate.

1.2 The Special Representative of the Secretary-General may promulgate into law any such code by Administrative Direction.

Section 2

Sanctions

2.1 The Temporary Media Commissioner may impose one or more of the following sanctions on owners, operators, publishers, editors-in-chief, and/or those with ultimate and final editorial control of publications published and/or distributed within Kosovo, who operate in violation of the applicable law, or such code or codes of conduct as may be promulgated under Section 1.2 hereof, or section 4.1:

(a) a warning;

(b) the requirement to publish a reply, correction or apology;

(c) a fine of not less than DM 1,000 and not exceeding DM 100,000;

(d) seizure of equipment and/or printed material;

(e) suspension or close down of operations.

2.2 The imposition of any sanctions pursuant to the present regulation shall be without prejudice to any applicable criminal sanctions and civil causes of action.

2.3 The Temporary Media Commissioner shall give written notice of a violation and provide a reasonable opportunity for reply prior to the imposition of any sanction.

2.4 The Temporary Media Commissioner may request the assistance of the relevant law enforcement authorities in Kosovo and appropriate public officials in the enforcement of an imposed sanction.

Section 3

Appeals

3.1 A person or entity affected by a decision of the Temporary Media Commissioner to impose sanctions may appeal to the Media Appeals Board ("the Board") established under UNMIK Regulation No. 2000/36 against such a decision.

3.2 Appeals against any of the above decisions shall be made to the Board within 30 days of the issuance of such decision. The appeal shall be made in writing and may be accompanied by such documentation or other evidence as the appellant wishes to present.

3.3. Decisions of the Temporary Media Commissioner shall remain in effect until the Board has issued a final decision modifying or rescinding the decision of the Temporary Media Commissioner.

Section 4

Special Provisions

4.1 Owners, operators, publishers and editors shall refrain from publishing personal details of any person, including name, address or place of work, if the publication of such details would pose a serious threat to the life, safety or security of any such person through vigilante violence or otherwise.

4.2 Nothing in the present regulation in any way limits or restricts the authority of the Special Representative of the Secretary-General to take such action as he may deem necessary for security reasons, to protect life, or to maintain civil law and order.

Section 5

Implementation

The Special Representative of the Secretary-General may give administrative directions in connection with the implementation of the present regulation.

Section 6

Applicable Law

The present regulation shall supersede any provision in the applicable law which is inconsistent with it.

Section 7

Entry into Force

The present regulation shall enter into force on 17 June 2000.

Bernard Kouchner

Special Representative of the Secretary-General