The Administrative Regional Court has annulled the decision of Latvia’s National Electronic Mass Media Council (NEPLP) to revoke the broadcasting license of the Russian independent television channel Dozhd (TV Rain), which operates in exile, LETA news agency has learned from the court.
NEPLP chairman Ivars Āboliņš stated on Twitter that the council will appeal the decision, but will provide more detailed comments after reviewing the court’s judgment.
Previously, the court of first instance had upheld NEPLP’s decision to revoke the license.
The court had previously noted that freedom of expression can be limited under certain circumstances, for example, when a statement threatens national security or public order and safety. Article 26, paragraph 1, point 7 of the Electronic Mass Media Law prohibits broadcasting content that includes calls which endanger national security or significantly threaten public order or safety.
In its appeal, TV Rain emphasized that NEPLP labeled the channel a “threat to national security” based on a single incident, mentioned in a letter from the State Security Service (VDD). The incident involved statements made on air by a former employee, which were later retracted and deleted, and the employee was dismissed.
The media outlet argued it is unclear how TV Rain could be considered a threat to national security
given the corrective actions taken.
“You don’t need a legal education to notice contradictions in the court’s decision. The court claims to examine only the period during which TV Rain operated in Latvia – from July 2022. Yet the same decision refers to events from 2017 involving Dozhd. That’s just one example,” the channel stated.
As previously reported, the channel has since been granted a new broadcasting license in the Netherlands. TV Rain has said it will not seek to recover its Latvian license, as the duration of the legal process is uncertain. To resume cable broadcasting as soon as possible, the Dutch license was obtained.
NEPLP decided at the end of 2022 to revoke Dozhd’s broadcasting license, citing threats to national security and public order.
The decision was based on an accumulation of violations, including: failure to provide a Latvian-language audio track during broadcasts, depicting Crimea as part of Russia in maps, referring to the Russian military as “our army”, and possible expressions of support for the Russian armed forces. The council also took into account information received from the State Security Service.
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