Media conflict and attacks on TIBO: AMA does not guarantee legal certainty and integrity in the legal process

2023-12-11 21:41:00, Aktualitet CNA

Media conflict and attacks on TIBO: AMA does not guarantee legal certainty and

Albanians have recently been bombarded with the public lynching of the TIBO company by the media trio "Digitalb - Top Media - Klan", as a group of media which, despite appearing as competitors in the eyes of the public, act as a single body with the aim of: hitting any competitor that offers better quality and service to citizens.

According to an exclusive publication on RTV Klan, followed by Top Media, we learn that today the Audiovisual Media Authority (AMA), with a sneaky, unannounced and unanimously voted decision, has decided to revoke the license of the TIBO company, with the claim of violations and piracy.

Similar media attacks, advertised by a triad which has reached the point of controlling what it is supposed to monitor, are sold to the public as "fines". Apparently, this is the next maneuver to eliminate competition and control the media market.

For days, AMA claims that it is enforcing the law against every platform or media in Albania, according to some rules that are actually tolerated and ignored for some. Recent actions prove that the role of this institution has degraded and trust in this institution has already fallen. Clearly, it seems that this institution is also serving as a tool of the media trio, undermining free competition in the media market.

The legislation for audiovisual media and the Institution charged with its implementation and compliance make it clear that the AMA must act in the conditions where every subject authorized by it is treated equally and has clear expectations regarding institutional actions . Only in this way is the application of the principle of "legal certainty" respected. The principle which is essential for the fair and impartial application of the law by the AMA. In this case, AMA is violating the principle of legal certainty. Among other things, legal certainty presupposes citizens' trust in the state and the immutability of the law for regulated relations.

Many may ask why this decision or cast a shadow of doubt, but the truth is this:

The Digitalb company, faced with continuous court losses in favor of TIBO, with millions of EURO in liabilities to TIBO, now orders the AMA to revoke TIBO's license.

Moreover, this decision of the AMA, and the publication of this news by Klan and TOP, on the very day of the development of a public competition in which TIBO participated, violates the rules of free and effective competition in the market where each operator must to compete on the basis of its quality and ability, qualities which TIBO has always fulfilled.

TIBO will continue to litigate this decision as it has done for all previous arbitrary decisions taken by the AMA. On the other hand, AMA will not escape legal actions or SPAK, to reveal the truth and to bear legal responsibility.

The principle of the rule of law on which a democratic state rests means the rule of law and the avoidance of arbitrariness, in order to achieve respect and guarantee of human dignity, justice and legal security. For this reason, the TIBO Society requests an in-depth investigation to discover the real reasons behind the AMA's decision./ CNA