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Group of companies broadcasting under "112 Ukraina" logo lost appeal to National council

29.01.2020, 18:39
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On January 21, the 6th Administrative Court of Appeal in Kyiv dismissed appeal from five regional companies broadcasting under the “112 Ukraina” logo. The broadcasters appealed against the decision issued by the Distrcit Administrative Court in Kyiv on 15 October 2019 validating the decision of the National Council on Television and Radio Broadcasting to impose fine on them, as the National Council on Television and Radio Broadcasting reported on its website.

"Thus, the legitimacy of penalty imposed by the National Council on Television and Radio Broadcasting on five regional companies is validated," the National Council noted.

Five companies “Novy Format TV” LLC, “Ariadna TV” LLC, “Partner TV” LLC, “TV Vybir” LLC, “Leader TV” LLC had seized the court in order to contest the decision of the National Council of 23 July 2015.

The National Council had applied fine of 5% of the amount of the license fee for failure to comply with its decisions, in particular due to failure to comply with current legislation (failure to remedy violation of the Article 27 (7), the Article 46 (benchmark data), the Article 28 (part 8) (terms of license) of the Law of Ukraine “On Television and Radio Broadcasting” and failure to comply its activity with the law.

“Thus, the listed legal entities have to pay a fine to the State Budget of Ukraine,” the National Council notes.

As IMI reported, on September 26, 2019, the National Council for Television and Radio Broadcasting refused to extend digital broadcasting licenses in the MX-5 regional multiplex to five regional companies that broadcast under the logo "112 Ukraina".

At the same time, members of the National Council stressed that it was not a matter of revoking the license of 112 Ukraine: it had a satellite license and would continue to broadcast, but it was question of 5 regional companies, which were obliged to broadcast as regional channels rather than relaying the national channel.

“112 Ukraina” TV Channel considered the decision of the National Council of Television and Radio Broadcasting to revoke the digital licenses as censorship. The office of President Volodymyr Zelensky said they were "watching" the developments around the "112 Ukraina" TV channel. As the media lawyer Maksym Dvorovy said, it was inappropriate to speak of censorship as to non-extension of license for 5 TV channels broadcasting under “112 Ukraine” logo, since the TV channel did not comply with the requirements of the law and the requirements of the program license.

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