YPC Weekly Newsletter

2012


ADMINISTRATIVE COURT OF APPEALS UPHELD RULING ON SUIT OF CPFE VERSUS NCTR

On December 13, RA Administrative Court of Appeals made a judgment on the complaint of Committee to Protect Freedom of Expression regarding the ruling of the court of first instance on CPFE’s suit versus National Commission on Television and Radio.

As we have reported, on February 21, 2011 the CPFE had inquired the NCTR to provide the application packages of the TV companies taking part in the broadcast licensing competitions, which were summed up in December 2010. The NCTR had answered that the information requested could be provided, except for those documents that contained commercial secret. On April 11, 2011 CPFE brought a suit before the RA Administrative Court demanding to bind NCTR with fully providing the inquired information. On September 27, 2011 the court revoked the suit on the grounds of a commercial secret. The CPFE appealed this ruling at the Administrative Court of Appeals, which returned the suit for new consideration on February 2, 2012 (see details in YPC Weekly Newsletter, February 3-9, 2012).

On August 3, 2012, the Administrative Court reconsidered the case and partially secured the claim. It obliged NCTR to provide the CPFE with personal data (CVs) of the TV companies’ staff and revoked the plaintiff’s demand on the provision of the TV companies’ rebroadcasting contracts. On September 3, the CPFE contested this decision at the Administrative Court of Appeals, insisting to provide it with information requested in full. The complaint was taken into consideration on September 10 and considered on November 22.

At the December 13 session, the Administrative Court of Appeals revoked the complaint of the CPFE, which intends to contest this at the RA Court of Cassation.