The fulfillment of legal obligations as the supervisor and regulator of the Albanian audio and audiovisual media, as well as adapting to the current challenges of the media market, have been the main objectives of the Audiovisual Media Authority’s work. During 2023, we achieved our professional goals based on several key priorities, ranging from improving work standards and aligning with those of a European regulator, to ensuring quality and service to citizens in order to guarantee a professional media market in their interest.
Among the key priorities of AMA in the past year, I would firstly mention one of our main objectives, which is aligning our work standards with those of the EU, in support of ensuring a more pluralistic audio and audiovisual market with a diverse and high-quality offering for the public. We have worked toward this goal by expanding the capacities for the efficient functioning of the internal institutions.
A successfully achieved objective, as a further step toward the EU regarding audiovisual broadcastings, was the approval by the Parliament in April 2023 of amendments to Law No. 97/2013 “On Audiovisual Media in the Republic of Albania,” a process also known as the transposition of the EU Directive 2018/1808. The entry into force of these amendments on May 25, 2023, created concrete conditions for further steps in guaranteeing the right to information and freedom of expression. These changes have also helped increase the transparency of the ownership of audiovisual media service providers, enhance the protection of human dignity, fundamental rights and freedoms, especially for children, promote self-regulation and co-regulation as a complement to legislative, judicial, and administrative mechanisms, and improve the access to audiovisual content for people with disabilities.
The second step, taken after these improvements to our organic law, was the continuation of efforts in the second half of 2023 to conceptualize, draft, consult with stakeholders, and approve subordinate acts necessary to clarify and facilitate the implementation of these important changes. Specifically, based on the models of German, Portuguese, and North Macedonian legislation, we developed a Draft Regulation addressing transparency in the ownership structure and the declaration of other data related to the license/authorization of AVMSPs. This Regulation, which is already approved after going through all the legal consultation steps with stakeholders, introduces innovations regarding the Authority’s review of changes in the ownership structure within the same AVMSPs holding the license or authorization from AMA; reviewing changes in the ownership structure among private AVMSPs in cases where they enter into civil legal relationships that involve the transfer or assignment of rights deriving from the license or authorization; declaring information on the ownership structure of the AVMSPs holding the license or authorization from AMA, including the ultimate beneficial owner; increased transparency regarding the origin of the funding sources for conducting business transactions in the media company’s capital by the partner/shareholder; and declaring any potential conflict of interest that may affect the activity of the owners of AVMSPs.
The Regulation also includes a concrete proposal for the media ownership structure transparency, in alignment with the European Media Freedom Act (EMFA).
During 2023, AMA also worked on drafting or amending other subordinate acts, with the aim of improving the institution’s activities and facilitating the operations of audio/audiovisual operators. The process of drafting the regulatory framework has been continuously accompanied by public consultations. Among others, the approval of the Regulation “On procedures and criteria for granting analog audio broadcasting license” is highlighted, along with the “On procedures for reviewing complaints by the Council of Complaints and the right of reply,” and the regulation “On criteria and procedures for reviewing, approving, and implementing projects,” etc.
As part of this process, AMA organized a roundtable with all interested parties to gather opinions, suggestions, and comments from all stakeholders, particularly from the AVMSPs that are directly affected or benefit from the proposed changes to the law. The proposed changes have been put forward for public consultation.
In 2023, we also undertook a very important initiative related to a regulatory process for the media market, specifically Audience Measurement. At the end of last year, AMA initiated discussions with interest groups. In meetings organized with AVMSPs and marketing associations, we presented concrete models of audience measurement practices from EU member states, as models that could be adapted to the dynamics of the audiovisual market in our country. In this process, which has continued with significant further steps, AMA has played an incentive role.
The consolidation of the institution’s performance was finalized in 2023 with the approval of one of the most important subordinate acts, the Broadcasting Code. This Code aligns with European standards for the audio and audiovisual market in Albania.
The Council of Complaints, the body responsible for managing this process, implemented the public consultation calendar for the Code in 2023, organizing general roundtables in the districts of Shkodra/Lezha, Kukës, Dibër, Elbasan, Korça, Durrës, Gjirokastër, Berat, Fier, and Vlora. Representatives from AVMSPs, civil society organizations, and central and local government institutions, as well as local and international partners, participated in these consultations.
To reach the final approved version of the Broadcasting Code, we took into account the feedback from 87 media professionals and representatives of AVMSPs, 78 representatives of associations for affected interest groups, 79 media and communication experts, 70 representatives of central and local institutions, and 17 experts and representatives of international organizations and institutions. The representations of the Council of Europe and the Organization for Security and Cooperation in Europe in Tirana, which closely followed the entire process, also facilitated the input of the Council of Europe expert’s opinion on the Draft Code.
In conclusion, the new Broadcasting Code contains 11 sections, compared to the 8 sections in the previous Code. I would like to note that the new Broadcasting Code includes important sections on “Fighting discrimination and promoting gender equality” and “Preventing and fighting hate speech in audiovisual broadcasts.” These, along with the revision and 60% expansion of other sections, resulted in a new professional Broadcasting Code, based on the fundamental principles of audio and audiovisual broadcasting activities, contemporary high professional standards, moral and ethical norms and requirements, as well as the existing practices of audio and audiovisual activities in the Republic of Albania.
Dear Deputies,
New opportunities for improving access to audiovisual content for people with disabilities have also been a priority in our work throughout 2023. Considering the importance of sign language interpretation services for the Deaf community, a task also outlined in the Parliament’s Resolution, the Audiovisual Media Authority has long been in continuous communication with audiovisual operators, not only through written correspondence. We have been requesting and encouraging concrete measures for the provision of sign language interpretation services, as predicted in the AMA’s organic law.
Market research revealed that only the public operator, RTSH, was providing sign language interpretation services for the Deaf community in its weekly news summaries. However, communications with other operators, based also on feedback from the Albanian National Association of the Deaf and the National Employment and Skills Agency, indicated a significant shortage of licensed sign language interpreters.
In light of this, in order to find a solution, we invited and discussed with representatives from the television stations. We agreed that AMA would play a mediating role in the process, i.e., by finding contacts of licensed sign language interpreters, discussing and mediating with them about the possibility of collaborating with television stations, and, once an agreement was reached, making these contacts available to the stations so that they could establish contractual relationships with the interpreters and include them in the news broadcasts.
Through further research, we established contact with the only three licensed sign language interpreters, and at the conclusion of this mediation process by AMA, two national television stations, Top Channel and TV Klan, agreed to include a sign language interpreter in at least one news edition per week. We will continue to ensure that this legal obligation is met, until the gap of licensed interpreters in the market is filled.
In line with fulfilling our legal obligations and addressing one of our key objectives, throughout 2023, we have carefully reviewed and handled every complaint received by AMA concerning the content of audiovisual offerings. In 2023, the number of complaints increased by 7.9%, which is an important indicator of public awareness of audiovisual standards and growing trust in the institution. Out of a total of 390 complaints examined by the Council of Complaints during this period, 89% were submitted by individuals, 4.7% by civil society, 3% by law firms, 2% by institutions, and 1.3% by commercial entities. The majority of complaints, 59.5%, were related to violations of human rights and communication ethics; 16.4% concerned violations of children’s rights and privacy; 3.6% were about commercial communications in audiovisual media, etc.
As part of the complaint management process, the Council of Complaints requested the submission of claims by AVMSPs in 12.6% of cases, organized hearing sessions in 2 cases, issued a warning in 49.2% of cases, and imposed financial sanctions in 6 cases.
In addition, with the aim of improving the program offer in the public interest, one of AMA’s commitments is the thematic review of broadcast content. Systematic monitoring and evaluation of broadcasted content have been conducted, with a focus on general ethical violations, child protection, hate speech and discrimination, advertisements and commercial communications, compliance with warning signals during specific time slots, and the program schedule of RTSH, in accordance with the Service Contract requirements, etc. As a result of this process, I would like to highlight that in 2023, the monitoring and analysis teams carried out the verification and review of 114 cases of audio/audiovisual broadcasts for compliance with legal requirements. From this verification, 49 violations were identified, categorized as follows: 55% hidden advertisements, 33% ethical violations and child protection, 10% health and pharmaceutical advertisements, and 2% political advertisements. For 49 of the identified violations, the Authority addressed AVMSPs with official letters, drawing attention to 48 cases, while one case resulted in a fine.
I consider it important to highlight the fact that the reviews and warnings have had a positive impact on the activities of AVMSPs, especially in the care shown by them in broadcasting advertisements for the sale of prescription drugs. There has also been a noticeable shift in audiovisual editorial practices regarding the non-broadcasting of advertisements for pharmaceuticals when presented by program hosts or guests in various shows.
Inspection activities are also a functional task rigorously followed by AMA teams. Through inspection groups, 332 checks on the activities of AVMSPs were carried out in 2023. Of these, 168 were inspections based on complaints, and 164 were primarily monitoring activities, resulting in 9 decisions for sanctions with fines against AVMSPs entities, while in 3 other cases, a warning was issued.
Additionally, to ensure the compliance of broadcasting rights, the Authority carried out a significant number of on-site inspections of cable/IPTV/OTT entities during 2023. Special focus was placed on inspecting and monitoring audiovisual entities regarding signal quality and program content. The inspections were conducted based on complaints filed by rights holders entities, as well as primarily by AMA itself. A noticeable phenomenon was that the majority of complaints related to violations of broadcasting rights in 2023 were linked to the issue of television piracy carried out by unauthorized entities offering audiovisual services. Specifically, this concerns Internet Service Providers (ISPs) who engage in unauthorized television piracy over the internet. To address this, AMA has sent 28 official notices to AKEP, aiming to take measures to shut down 128 websites that were violating Law 97/2013, as amended.
Regarding the same phenomenon, the Directorate of Inspection and Supervision has requested that various Video Sharing Platforms (VSPs) remove 19 links from their accounts, as they were broadcasting audiovisual content without broadcasting rights.
In addition, AMA, in accordance with the AMA-AKEP Memorandum, which also includes the establishment of joint inspection teams, carried out 16 joint inspections across ISPs throughout the country in 2023.
The television piracy phenomenon done via the internet is both a concerning and complicated to identify because, in most cases, the audiovisual content being illegally broadcasted comes from servers located in different countries around the world and is not hosted within the territory of the Republic of Albania. For this reason, identifying them becomes very difficult.
Dear Deputies,
As I emphasized in the beginning, one of our priorities is enhancing the standards of AMA’s work and aligning it with those of a European regulator. To achieve this goal, throughout 2023, we have pursued a significant agenda of meetings and participation in international conferences with EU institutions and counterpart regulatory authorities in the region and Europe.
A notable activity in this area was the 22nd Plenary Assembly of the Mediterranean Network of Regulatory Authorities (MNRA) organized by AMA in September 2023, serving as a high-level professional forum for discussing global realities and challenges in audio/audiovisual broadcasting. In this conference, the first of its kind in Albania, had the participation of leaders and experts from regulators in Southeast European countries, EU member states, the President of ERGA, senior representatives from UNESCO, and key executives from major video-sharing platforms such as META, TikTok, etc. With the unanimous vote of the MNRA member delegations, Albania was elected to hold the next Presidency.
High-level representation was also noted at other activities during 2023, addressing the latest developments in broadcast technology, such as the two Plenary Assemblies of the International Telecommunication Union (ITU) and two bilateral meetings with the World DAB 2023 organization, which provides global expertise on implementing the DAB+ digital radio signal process that Albania aims to adopt in the near future.
Other significant international activities have been particularly important, both in the context of integration into the European Union and aligning Albanian legislation with EU directives, as well as through the exchange of best practices among regulatory authorities on delicate issues the media environment is facing today. These include meetings organized by the European Regulators Group for Audiovisual Media Services (ERGA), the European Platform of Regulatory Authorities (EPRA), the Black Sea Broadcasting Regulatory Authorities Forum (BRAF), the European Audiovisual Observatory, etc.
A serious and important commitment for AMA is its monitoring role during election campaigns. In 2023, AMA was involved in monitoring how audiovisual media service providers (AVMSPs) covered the election campaign for the re-run of the mayoral elections in the Municipality of Kukës, held on September 24, 2023. Based on the content format of the AVMSPs, their coverage across the country’s territory, and the existing technical capacities of the AMA, the audiovisual broadcasts of 20 licensed entities were monitored. According to the decision of the Central Election Commission’s Regulatory Commission on the “methodology for monitoring audio and audiovisual media,” dated January 30, 2021, during the period of September 11-24, 2023, AMA focused on monitoring the airtime of each AVMSPs for broadcasts between 08:00 and 24:00; the broadcast duration for each electoral subject; the space allocated to each political subject; the order of candidates’ appearances in news editions; live broadcasts; the gender ratio concerning media coverage of candidates, and the presentation of electoral surveys.
AMA has submitted monitoring data to the CEC Periodically, which has been published by this institution on its official online page.
Media Literacy is another serious and important commitment of AMA, given its significance in the new media environment shaped by technological development. At the end of 2023, we launched an awareness campaign on digital parenting, focusing on protection from online risks, personal data protection, etc. In collaboration with the Turkish Radio and Television Supreme Council (RTUK), we produced a series of over 20 informative and awareness-raising videos for children and parents, aimed at equipping all parties to use television content in a beneficial, harmless, and safe manner, as well as to enable safe navigation and effective parenting in the digital environment. In line with this, several animated awareness videos on “Warning Signs” or mandatory labeling, as required by law, for media service providers to guide age-appropriate content for the public (parents and children) have been published on AMA’s official website and social media accounts. Additional videos on “Digital Parenting” have also been released. This campaign is ongoing and remains a central focus of our work.
As an important objective, and above all, highly functional for the current audiovisual market, its transparency, study, and assessment, AMA has also published the Periodic Bulletin. The 9th edition of this bulletin covers the period from January 1 to December 31 and serves as a comprehensive and multidimensional overview of the media market. AMA is the only institution in the Republic of Albania that produces data on human resources involved in licensed AVMSPs. A key aspect of the Periodic Bulletin is the transparency of AVMSPs in terms of ownership structure, ownership participation for each AVMSPs, the content broadcast by national AVMSPs, etc. Additionally, Periodic Bulletin No. 9 presents, in tabular form, the number of free-to-air programs in the Republic of Albania, divided across 12 regions.
Additionally, the collaboration with various partners working in the media sector has helped the Authority in supporting the implementation of projects aimed at improving reporting in audiovisual media, enriching professional literature, and standardizing relationships between employers and employees, etc. In cooperation with relevant experts, the project “Treatment of trafficking cases in audiovisual media and ensuring the privacy and protection of trafficking victims, especially minors as the most vulnerable category” was developed. This project, divided into two components, led to the creation of two Guidelines to assist journalists that report on human trafficking.
In this area of our work, other projects such as “Linear Television on Social Networks,” in collaboration with the Department of Journalism and Communication at the University of Tirana, and “Media Literacy Week,” in partnership with the Albanian Media Institute, are also noteworthy. With the belief that “the safety of journalists and media professionals is essential to ensuring media freedom and integrity,” in 2023 we also launched the project titled “The Safety of Audiovisual Media Professionals (journalists and cameramen) during Protests and Demonstrations.” At the conclusion of this project, a study based on qualitative research methods is expected to be produced, offering specific recommendations on how audiovisual media professionals (journalists and cameramen) should behave and report in real time during protests and demonstrations. To ensure comprehensive stakeholder involvement, this study will include field journalists and cameramen, as well as representatives of the State Police.
Another important commitment was the publication tradition, among which we mention the translation into Albanian of the book, “The hate language against women on the internet: Concepts and Countermeasures,” etc.
Dear deputies,
The operations and activities of the Audiovisual Media Authority represent a multi-dimensional commitment, based in legal obligations, aimed at overseeing and regulating the audio and audiovisual market. It is particularly adapted to the current realities and challenges faced by the media sector today. These challenges demand continuous updates and professional collaborations with European institutions, ensuring that the encounter is not only effective but also protective of human rights, freedom of expression, the right to information, and other fundamental rights. The work dynamics of AMA are always aligned with the specific needs and demands of the public, built upon standards consistently aligned with those of the EU, which Albania aims to join, and are rooted in a strong professional foundation.
Thank you for your attention!
