Decision of the High
Representative
Decision on the establishement of the Independent Media
Commission
Sarajevo, 11 June 1998
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I, Carlos Westendorp, in my capacity as High Representative, hereby issue
the following Decision acting under and with the authority of Annex 10 of
the General Framework Agreement for Peace and Article V of the Conclusions
of the Bonn Peace Implementation Conference 1997:
- There is hereby established the Independent Media Commission.
- The Independent Media Commission shall establish a regulatory regime
for broadcasting and other media in Bosnia and Herzegovina and will create
the appropriate structures to fulfill this obligation.
- All broadcasters and other media shall be subject to Codes of
Practice to be issued by the Independent Media Commission.
- There will be established by the Independent Media Commission a
licensing regime for broadcasters.
- The Independent Media Commission shall have the function and
responsibility to:
- license all broadcasters,
- draw up such Codes of Practice for broadcasters and
other media as it considers appropriate,
- manage and assign spectrum for broadcasting
purposes,
- ensure adherence to license conditions and Codes of Practice,
- set license fees and
- require the disclosure and provision of such
information as is necessary for the due performance of its regulatory obligations.
- In securing compliance with licenses and Codes of Practice the
Independent Media Commission may apply appropriate remedies including:
- the requirement to publish an apology,
- the issuance of warnings,
- the making of orders,
- the imposition of financial penalties,
- the suspension of license,
- the entry into premises,
- seizure of equipment,
- the closedown of operations or
- the termination of License.
The Independent Media Commission may enlist the support and assistance of
all law enforcement agencies in Bosnia and Herzegovina and will seek
assistance from the Peace Stabilization Force or its successors.
- The Independent Media Commission shall have a Council and a Director
General both appointed by the High Representative.
- There will be constituted an Enforcement Panel from amongst the
members of the Council which shall include representatives from both
entities which comprise Bosnia and Herzegovina as defined by the General
Framework Agreement for Peace.
The Enforcement Panel shall consider and determine grave and serious
breaches of Codes and licences, save in circumstances when immediate action
is required, and then the Director General shall take such decisions as are necessary.
- The Independent Media Commission shall act in accordance with the
principles of objectivity, transparency, non discrimination, and
proportionality.
- The following transitional arrangements shall come into effect.
- This Decision shall continue in effect until such
time as Broadcasting and Media Laws are adopted and the High
Representative
has reviewed all issues.
- The management and assignment of broadcasting
spectrum by the Independent Media Commission, as set out above at 5 iii,
shall continue until such time as the Telecommunications Law of Bosnia and
Herzegovina is adopted and the High Representative has reviewed, within a
period of six months, all spectrum issues.
- Until such time as the Independent Media Commission
assigns broadcasting frequencies, a moratorium is hereby declared on the
issuing of any new frequencies for broadcasting purposes.
Carlos Westendorp, High Representative
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