Internet in Moldova - Legal and Regulatory Frameworks

Legal and Regulatory Frameworks

In order to meet requirements for WTO and the EU accession, the telecommunications market has been liberalized and no exclusive rights remain. Moldtelecom—the incumbent telecom operator—decreased its tariffs, allowing other providers into the market. However, low computer penetration rates and inconsistent government policy remain major impediments to Internet growth.

The state has officially committed to developing Moldova as an information society, although many of its policies undermine this objective. Moldtelecom, which is also the major national ISP, remains under state control despite large-scale criticism and four failed privatization attempts. Moldtelecom also controls Unite, one of the four mobile operators created in 2007. At present, ISPs are forced to rent access from Moldtelecom's well-developed infrastructure, a necessity which increases their costs and diminishes their competitiveness. Moldtelecom provides the nondiscriminatory Reference Interconnection Offer, the last version having been approved by the regulator after much delay in December 2007. Even though some interconnection agreements are now agreed between the incumbent and IP and data transmission operators, some new entrants have complained about insufficient access to Moldtelecom's network leading to inefficient usage of infrastructure. In April 2009, the Moldovan regulator introduced new guidelines on interconnection tariffs. The regulation addresses the issues of obligations imposed on operators, with emphasis on transparency and nondiscriminatory stances toward competitors. It remains to be seen in practice how the new guideline will be applied by Moldtelecom.

The Ministry of Information Development is the main policymaker in the field of information and communications and was drafting new Policy Strategy 2009–2011. The ministry's objective is to implement the National Strategy and Program on establishing e- Moldova.

The main law regulating the Internet is the 2007 Law on Electronic Communication. The law established the National Agency for Telecommunications and Information Regulation (NATIR) as the telecommunications regulator in Moldova. This law mandates the government to harmonize national legislation with European standards. The law is intended to give NATIR full autonomy over the sector and replaces the licensing regime. Internet service providers can now start operating immediately after notifying NATIR.

This agency is responsible for monitoring ISPs’ compliance with the law and keeping the Public Register of Electronic Communications Network and Service Providers. The law specifically provides for the possibility of introducing anticompetitive restrictions on service providers. The agency can demand that ISPs provide additional accounting information, can make them change to cost-oriented tariffs, and can introduce other measures in order to stimulate efficient market competition; and NATIR also regulates the management of the country's highest-level Internet domain (.md). The National Security Doctrine of Moldova as of 1995 did not include the Internet. The Supreme Security Council (SSC), which oversees implementation of the president's decrees related to national security, monitors ministries’ and state agencies’ various activities to ensure national security. The Ministry of Information Development carries out government policies related to information and communications and encourages collaboration between state and private organizations. The Moldovan legislation does not provide for comprehensive regulation of information security. Rather, the National Security and Information Service is endowed with broad authority to monitor and gather information on Internet usage and data transmission related to national security issues. In July 2008, a Moldovan court ordered the seizure of the PCs of 12 young Internet users for posting critical comments online against the governing party. The suspects were accused of illegally inciting people to overthrow the constitutional order and threaten the stability and territorial integrity of the Republic of Moldova. It is unknown how the authorities obtained the names of the people, but some suggest that an ISP provided them with the IP addresses of the users.

Even though Moldova is one of the poorest countries in Europe, Internet and cell phones are used extensively by opposition and civil society groups to organize protests and voice their opinion. After the parliamentary elections on April 5, 2009, thousands of Moldovans attempted to gather in Chişinău's main square to protest the results. The protesters set the Parliament and president's offices on fire, images of which were broadcast around the world. As the guarantees for press freedom are still weak, Moldovan state television continued to show regular TV programming rather than broadcasting events occurring in the capital. The authorities disconnected cell phone coverage in the main square. More than 10,000 Moldovans joined in on Twitter (some with GPRS technology on their mobiles) to share their opinions and spread the news of Chişinău's political protests. The authorities attempted to shut down a number of Web sites for a few days, demonstrating a resolute hand in dealing with protesters.

This incident, like others that have transpired in the region (e.g., the Ukrainian Orange Revolution), reveals the growing role of the social media in Eastern Europe as a tool for organizing protests and diffusing them online. At the same time, it creates the concern that governments in the region, aware of the increasing importance of social media, might attempt to close down free speech outlets anytime they feel threatened.