The Venice Commission has recommended that proposed changes to Lithuania’s public broadcaster law apply only to future heads of the national broadcaster, warning against measures that could appear to target current leadership.
In a draft opinion, the Commission said revised dismissal procedures for the director general of LRT should apply only to those appointed after the amendments take effect, “thereby avoiding the appearance of ad personam legislation”.
The advisory body assessed an earlier version of the bill that passed the submission stage in the Seimas, before subsequent revisions by the parliamentary Committee on Culture. The current draft retains a requirement that a two-thirds majority of the LRT Council is needed to dismiss the broadcaster’s head before the end of their term.
However, lawmakers have proposed modifying the grounds for dismissal and allowing the Council to choose between secret and open ballots. Current legislation envisages only open voting.
LRT Director General Monika Garbačiauskaitė-Budrienė has previously said the amendments appear to be aimed at her removal.
While most governance changes in the draft law would take effect later, the revised dismissal procedure would enter into force immediately upon adoption.
Concerns over media independence
The Commission’s draft opinion, which is yet to be finalised, raises broader concerns about the bill’s compatibility with the European Convention on Human Rights and standards on media independence and funding.
It said the legislative process “does not meet good law-making standards”, citing the absence of a proper assessment of LRT’s funding model and the continuation of a budget freeze imposed last year.
According to the Commission, the funding freeze and proposed changes could represent a significant interference with the state’s obligation to ensure media pluralism and independence. It also criticised earlier proposals to link LRT funding to public service contracts, though those have since been dropped by the committee.
The Commission welcomed the reinstatement of the two-thirds majority requirement for dismissing the director general but called for stronger safeguards to ensure the independence of Council members. It recommended establishing clear and objective dismissal criteria applicable only in exceptional cases, along with the possibility of judicial review.
The body also urged lawmakers to conduct a comprehensive impact assessment and consult with LRT and other stakeholders. It recommended clearly defining the roles of the LRT Council, a planned new board and the Council Office to ensure a separation between oversight and management.
In addition, the Commission called for safeguards against political interference in editorial independence and said any restrictions on the participation of other media outlets in LRT broadcasts should be applied only in exceptional cases and based on clear criteria.
Lawmakers say concerns are being addressed
Kęstutis Vilkauskas, chairman of the Seimas Committee on Culture, said many of the Commission’s concerns have already been addressed during parliamentary deliberations.
“The questions received were about the version prepared by the working group, while many issues are being resolved through the committee’s decisions,” he said, adding that the Commission may not yet see the full scope of ongoing revisions.
Vilkauskas said the committee would respond to the Commission’s remarks before finalising its conclusions and submitting the draft law to the Seimas.
The committee has been reviewing the amendments since mid-April, considering around 150 proposals and more than 40 observations from legal experts. It has already approved changes including a revised mission statement, the creation of a new board, expanding the LRT Council from 12 to 15 members and shortening terms to four years.
Plans to establish an LRT Council Office have also been approved, while proposals to restrict other media participation in LRT content and to mandate open voting on dismissals have been rejected.
The reform process has sparked protests from journalists and members of the public concerned about the broadcaster’s independence.
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