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APPEAL to the state authorities to intervene to eliminate the abusive contractual conditions for the distribution of print media, imposed by the State Enterprise "Pošta Moldovei"

12 November 2021

The Board of Directors of the Independent Press Association (API) expresses its disagreement with how the negotiations between print media publishers and the administration of the State Enterprise "Poșta Moldovei" regarding the contract for the distribution of periodicals went and ended and requests the state authorities to intervene in order not to admit the bankruptcy of some print media editorial offices due to the unacceptable conditions imposed by "Poșta Moldovei". API notes, regrettably, that this year too Î.S. "Poșta Moldovei" imitated the negotiations with the national and regional editorial offices, negotiating the contracts only from the perspective of its own interests, in the end being imposed more disadvantageous contractual conditions for the editors than the previous ones. In the same way, we also point out certain abusive contractual clauses, which do not contribute to the solution of the most important problems invoked by the editors of the print media. In particular, the Independent Press Association, acting in the interests of several press editors, as a result of prior consultations with them, submitted to the "Poșta Moldovei" administration several proposals to amend/complete the contract regarding the distribution of periodicals by subscription and retail , some of these proposals being of vital importance for the economic survival of the written press: the advance payment of the financial means belonging to the editorial offices after the subscription (at least quarterly) that "Poșta Moldovei" is to make to the periodicals; exclusion of additional charging of periodicals (sorting fee, packing fee, fee for inclusion in the catalog, access to subscriber information, etc.). Unfortunately, our proposals were not considered. In the situation created, we are forced to identify and apply all the legal mechanisms to protect the periodicals we represent, including going to court in order to cancel the abusive clauses in the contracts proposed for signing. The Independent Press Association warns the authorities about the major contradiction between the stated policy of the state regarding the encouragement of media development, including the objective of creating optimal conditions for the activity of press institutions, established in the Activity Program of the Government of the Republic of Moldova, and the actual policies of press distribution companies . We remind you that many of the API newspapers are concerned with fighting corruption, promoting human rights, providing its subscribers with vitally important information, providing services of the utmost public importance. This media trend should also be supported by the state authorities. API asks the Parliament and the Government of the Republic of Moldova, the Ministry of Economy, the National Agency for Regulation in Electronic Communications and Information Technology, the Public Property Agency and the Competition Council to intervene to eliminate the abusive contractual conditions for the distribution of newspapers and magazines, imposed by the State Enterprise " Post of Moldova". At the same time, API appeals to all print media publishers not to accept the conditions arbitrarily imposed by "Pošta Moldovei" and to publicly report irregularities in this field until the interests of media publishers are taken into account. Board of Directors of the Independent Press Association (API) November 12, 2021