KosovoIndependent Media Commission Law, Minor Protection and Age Verification
Law No. 04/L-044 on the Independent Media Commission, arts. 30, 33, 49
In force since .
An adult content age verification (AV) rule binding private bodies.
- Enforcement body
- Independent Media Commission (Komisioni i Pavarur i Mediave, KPM)
- Audit expectation
- none
What it requires
- Applies to audiovisual media service providers (broadcast and on-demand) licensed by the Independent Media Commission (KPM), public and private broadcasters alike; Article 33 directs KPM to ensure they meet these rules.
- Do not carry a program that could seriously harm a minor's physical, mental or moral development, particularly one with pornographic content or extreme violence.
- For other potentially harmful programs, protect minors by choosing the broadcast time or by a technical measure.
- When such material is broadcast unencoded, carry an acoustic warning or a visual symbol for its whole duration.
- Make a paid audiovisual media service that could seriously harm a minor's development available only in a way that ensures a minor will not, in normal circumstances, see or hear it.
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureNo
Penalty structure
Art. 30(1.3) fine for breach of a broadcast license condition, code of conduct, or other legal act under this law, one of several sanctions KPM may impose alongside or instead of the fine (correction order, suspension, license modification or revocation); Art. 30(4) directs paid fines to the Kosovo budget.
- Rule
- Fixed only
- As of
- Minimum
- 1,000
- Currency
- EUR
- Fixed cap
- 100,000
What it reaches
Covered services
Audiovisual media service providers (broadcast and on-demand) licensed by the Independent Media Commission (KPM), public and private broadcasters alike
Obligation class
Age verification
What it makes you log
Logging duty
Articles 30, 33 and 49 set the sanctions, the protection of minors and the entry into force. Article 33 tells the Commission to see that broadcasters carry no programme seriously harmful to minors and to require an acoustic warning, a visual symbol or a technical measure for other harmful programmes. None of the three names a log, a record of an age check or a retention period. The annual report (Article 28) and the register of licences (Article 22(6)) sit in sections this row does not cite.
- Kind
- None
- As of
What this law does
Article 33 of Law No. 04/L-044 on the Independent Media Commission requires the Independent Media Commission (KPM) to take appropriate measures to ensure that broadcasters under its jurisdiction carry no program that could seriously harm a minor's physical, mental or moral development, particularly a program with pornographic content or extreme violence, and to secure the same protection for other potentially harmful programs by choosing the broadcast time or by a technical measure, with an unencoded broadcast of such material required to carry an acoustic warning or a visual symbol for its whole duration.
A paid audiovisual media service that could seriously harm a minor's development is to be made available only in a way that ensures a minor will not, in normal circumstances, see or hear it.
Breach of this or any other license condition or code of conduct draws a KPM sanction under Article 30: a written warning, or one or more of an order to broadcast the nature and extent of the breach, an order to broadcast a correction or apology, a fine of not less than EUR 1,000 and not more than EUR 100,000, suspension of part or all of the licensee's programming for a set period, a change to the license conditions, or non-renewal or revocation of the broadcast license, with the last three not available against the public broadcaster.
When LexLint raises it
When your app profile says your app publishes adult content.
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