Post-Soviet Media Law & Policy Newsletter
Issue 15 Benjamin
N. Cardozo School of Law February 27, 1995
Ukraine: New President, New Decree, New Broadcasting Council
In Ukraine, President Kuchma has moved forward in
providing a legal framework for the state broadcasting bureaucracy and
also in the appointment of members to the National Council. The December
1994 Presidential decree concerning the Administration of State Television
and Radio Broadcasting was as follows:
The Presidential Decree
With the aim to improve the administration system of
state television and radio broadcasting and in accordance with the Constitution
of Ukraine, I decree:
1. To establish the State Television and Radio Broadcasting Committee
of Ukraine (hereinafter Derzhteleradio of Ukraine).
2. The main tasks of Derzhteleradio of Ukraine shall be:
— guarantee of realization of the state information policy by means
of television and radio broadcasting;
— organization of implementation of legal acts in the sphere of television
and radio broadcasting and relevant decisions of the National Council on
Television and Radio Broadcasting Issues;
— formation of national television and radio space;
— organizational guarantee of wider distribution of television and
radio information to foreign audience.
3. To appoint Zinovy Volodymyrovich Kulik as Chair of Derzhteleradio
of Ukraine.
4. Cabinet of Ministers of Ukraine, on the basis of Derzhteleradio
of Ukraine, shall abolish within two months:
— the National Television Company of Ukraine;
— the National Radio Company of Ukraine;
— state television and radio company “Crimea”;
— Kiev and Sevastopol state regional television and radio companies;
— regional (soblasnit) state television and radio companies, and shall
subordinate them under Derzhteleradio of Ukraine;
and shall settle within one month’s period the issues concerning the transfer
of the Radio Broadcasting, Radio Communication and Television Concern of
the Ministry of Ukraine to the authority of Derzhteleradio of Ukraine.
5. Z. Kulik shall present within two months a draft of the Regulations
on Derzhteleradio of Ukraine.
6. The Decree shall be enforced on the day of its signing.
President of Ukraine, L. Kuchma
City of Kiev, January 3, 1995
(published in Ukrainian in: “Hovoryt i pokazuye Ukraina,” January 12,
1995).
Commentary on Restructuring
Since January 1995, all national radio and television
channels in Ukraine—which have always been state-owned—will be run by the
National Television Company and the National Radio Company. Together with
the state broadcasting (television and radio) companies of the twenty-four
regions (soblastit), the Autonomous Republic of Crimea, and the cities
of Kiev and Sevastopol, they have fallen under the control of Derzhteleradio
of Ukraine, a department of the government.
May the Ukrainian acronym “Derzhteleradio” betray no
one familiar with the Soviet broadcasting system: it is a translation of
the Russian word “Gosteleradio,” that used to denote the state monopoly
in TV and radio broadcasting of the USSR epoch. In response to the gloomy
associations already brought up in this connection by the Ukrainian press,
Zinovy Kulik, head of the Committee, assured that the reborn office would
not interfere or censor the activities of the journalists.
Kulik is not a new person in the business: he was a
vice-president of the National TV and Radio Broadcasting Company until
last October when he was fired by the President of Ukraine—a step obviously
caused by Kulik’s conflicts with Viktor Savenko, newly-appointed boss of
the Company and a favorite then of the President. Kulik’s waiting in the
wings has resulted in the dismissal of Savenko (due to the abolishment
of his job) and a new rise on the broadcasting horizon. He is considered
to be a highly professional expert in TV.
By the now-established practice, the Derzhteleradio
Chairman, as well as chairs (presidents) of the two National Companies,
are appointed by the President of Ukraine. The heads of the regional TV
and radio companies shall be chosen—with the consent of the executive branch
of local Councils—by Derzhteleradio. One of the aims of the Decree is probably
to put an end to the recently-established independence from Kiev of the
Crimean TV and radio, at present administered by the Russian-oriented government
of the autonomy.
Under the Decree of the President of Ukraine, the Radio
Broadcasting, Radio Communication and Television Concern—the sole entity
that runs communication channels and major transmitters—has been transferred
from the control of the Ministry of Communications to that of Derzhteleradio.
That means, on the one hand, that the national broadcaster will save some
of about 18 percent of its budget previously paid to the profit-driven
concern for the rent of communication channels. On the other, that might
mean harder times for the non-state broadcasters: Derzhteleradio will be
tempted to beat its major competitor for the audience’s attention with
the help of”special rates” and “technical problems” for the latter.
National Council on Television and Radio
In December, 1994, Oleksandr Moroz, Chairman of the
Supreme Council of Ukraine, and Leonid Kuchma, President of Ukraine, named
their candidates to the National Council on Television and Radio Broadcasting
Issues. This is not the first attempt to create the National Council. In
April 1994 the then President of Ukraine Leonid Kravchuk formed it by appointing
eight members of his own choice. The Council did not have much time to
act. One of its controversial decisions was suspension from operation of
uHravisf, a private Kiev TV station, supposedly for its support of Leonid
Kuchma, Kravchukt’s opponent during the presidential election campaign
of summer 1994.
The list of the eight persons includes:
From the Parliament:
1. Ivan Gavrilovich Mashchenko, Vice-President, Ukrainian Institute
for Retraining of Mid-Career TV and Radio Professionals;
2. Viktor Mikhailovich Petrenko, Cand. Sc. (Hist.), Corresponding
Member of the Ukrainian Ecological Academy, Director General of Dnipropetrovsk
Television and Radio Broadcasting Association, Chairman of the National
Council.
3. Viktor Fedorovich Pogorilko, Dr. Sc. (Law), Professor, Chair
of the Department of Constitutional Law of Koretsky Institute of State
and Law at the National Academy of Sciences.
4. Oleg Ivanovich Yaremchuk, Manager, Main Production and Technical
Administration of the State Television and Radio Broadcasting Company of
Ukraine.
From the President:
5. Oleksandr Borisovich Kochetkov, Deputy Head of the Press Service
of the President of Ukraine.
6. Vyacheslav Oleksandrovich Kudin, Dr. Sc. (Philosophy), Professor,
Department of International Journalism of the Taras Shevchenko University,
Kiev.
7. Oleksandr Ivanovich Lyakhov, Cand. Sc. (Technology), Associate
Professor, Dean, School of Radio Communication, Radio Broadcasting and
Television of the Aleksandr Popov Ukrainian State Academy of Sciences,
Odessa.
8. Mykola Ivanovich Slobodyan, Cand. Sc. (Arts), Associate Professor,
Vice-President of the Ivan Karpenko-Karyi Kiev State Institute of Theater
Arts.
The rights and duties of the National Council are stated
in Article 5 of the Broadcasting Law of Ukraine, adopted by the Parliament
in December 1993 and enacted by President Leonid Kravchuk in February 1994,
as well as by a later document of the Supreme Council: the Provisional
Statute on the National Council, enacted in December of 1994. Further regulation
of the functions of the National Council will be arranged in the special
Ukrainian Law on its status to be discussed by the parliament in spring
of this year. The attention to the issue by the government is explained
by the role the National Council will play in the mapping of the broadcasting
policy in the country. By law, the Chair and the members shall work on
the National Council on a full-time, professional basis, shall not hold
any other positions in other state or non-state organizations, institutions
or enterprises. Members of the Council shall not be founders (owners) of
broadcasting entities nor take part in business activities. The fundamental
duties of the National Council are as follows:
a. Coordination of the development of a uniform plan for a single
Ukrainian broadcasting information space and participation in its implementation;
b. Supervision of the observance of legal norms by tele-radio
organizations of legislation in the sphere of television and radio broadcasting
in Ukraine and the conditions of their licenses;
c. The granting to tele-radio organizations, on a competitive
basis, of licenses for the right to use broadcasting channels and broadcasting
air time;
d. Administration of rational use of frequency resources;
e. Formulation of rules for the creation and storage of temporary
archives of television and radio broadcasts. In addition, the National
Council has the authority to allow and then monitor foreign investments
in TV and radio stations (limited by Broadcasting Law to 30 percent of
their capital stock.)
The National Council shall have the right to:
— Require forfeiture of a license if a tele-radio organization has
not commenced operations one year after the grant of the license;
— To require all tele-radio organizations to submit documents, information
and explanations concerning their activities;
— Within the limits of its competency, conduct inspection of organizations
regarding the conditions and use of broadcasting channels.
In cases of violations of applicable legislation or
licensing requirements by tele-radio organizations, the National Council
may impose warnings or temporarily suspend operations or revoke license.
The procedures for frequency allocation are not stipulated by the Broadcasting
Law — thus, this appears to be an area where the National Council is granted
considerable leeway to formulate policy. For that purpose, the State Inspection
of Electrical Communication that monitors usage of frequencies was transferred
by the Temporary Statute under the control of the National Council. Furthermore,
the Temporary Statute empowers the Council to set tariffs for the use of
communication channels and transmission facilities, as well as procedures
for the use of satellites.
Andrei Richter
Journalists' Continuing Almanac of Danger:
Tajikistan's Official Terror
In a report issued earlier this month in New York, the
Committee to Protect Journalists (CPJ) announced that 1994 was the deadliest
year for journalists since they began keeping records in 1981. The CPJ,
a non-profit group composed of American journalists whose goal is to prevent
the abuse of members of the media worldwide, counts a total of 72 reporters,
photographers and editors died in action last year. According to the CPJ
58 of those deaths appear to be deliberate political assassinations.
In the report Tajikistan holds the position as the fourth
most dangerous place for journalists, preceded by Algeria, Rwanda and Bosnia-Herzegovinia.
However, while most of the killings in Algeria were committed by anti-government
insurgents, and those in Yugoslavia caused by snipers and cross-fire, the
murders in Tajikistan were the result of death squads which were allegedly
acting in concert with government officials.
According to a CPJ report from late October 1994, over
half a dozen Tajik journalists have been killed since 1992. Most of the
murdered journalists belonged to democratic or Islamic opposition press.
Their deaths are believed to be due to their resistance to the current
regime. Many of the killings were allegedly committed by the People s Front,
a paramilitary organization formed by supporters of the country’s last
rulers. Some current government officials were former People’s Front members,
including the President and security minister, according CPJ. The CPJ also
noted that the organization allegedly responsible for the journalists deaths
is now “part of the state security apparatus.”
The situation is bleak for the media in Tajikistan.
The government has taken strong measures to suppress opposition and independent
press. Besides the alleged killings, an earlier CPJ report noted that dissident
papers and magazines have been closed down and radio and television are
suppressed under state control. Many Tajik journalists have been forced
to flee to neighboring countries.
The pro-Islamic opposition paper Navidi Vaksh is just
one of the casualties of the conflict. As a result of the situation in
Tajikistan four of their journalists have been killed and the paper was
forced into liquidation. In November four of the paper’s journalists were
awarded international press freedom prizes by the CPJ, though, the recipients
at the time had either been killed or were missing.
In a February 2 radio broadcast, the Voice of Free Tajikistan,
connected with the opposition Islamic Rebirth Party, cited instances of
“persecution and murder of journalists who were not in favor with the communist
regime.” The BBC transcribed the broadcast, which included the following:
The first victim of the current regime was Murodullo Sheralizoda,
chief editor of the newspaper ‘Sado-i Mardom’ [Voice of People], shot by
the Stalinists attending a rally in Ozodi Square [in Dushanbe] in May 1992.
On 11th January 1993 Khushbakht Muborakshoyev, a writer and
journalist, and Anvar Soatov, head of department in the Ministry of Culture,
were killed by guerrillas of the so-called People’s Front.
On 26th March 1993 the famous Tajik poet Bozor Sobir
was arrested at Dushanbe airport and thrown into prison. He was kept in
a prison of the regime for more than nine months without any charges being
brought against him. It was only thanks to repeated protests from international
human rights institutions and journalistic organizations and under pressure
from the world community that the Dushanbe regime was forced to release
Bozor Sobir.
On 25th May 1993 Pirimkul Sattori, a poet who worked
for the newspaper Navid-i Vakhsh [Vakhsh News] was taken away to an unknown
destination by guerrillas of the so-called Peopl0e1’s Front. His body was
found in a cotton field a few days later.
In September 1994 two more journalists were arrested
on suspicion of having opposition sympathies: Maqsud Huseynov, in whose
flat one copy of opposition newspaper Charogh-i Ruz [Light of the Day]
was found, and Muhammadrahim Haydar.
On 17th November 1994 an attempt was made on the life
of Hamid Hakim [Hakimov], chief editor of the Uzbek[-language] newspaper
‘Haq Soz’ [Just Word]. The journalist was shot in his own house when he
was returning from work [and died later]. Hamid Hakimov had made no secret
of his sympathy for the second candidate for the post of president of Tajikistan,
Abduma lik Abdulojonov, and that may have been the reason for this bloody
tragedy.
A government official told CPJ that the killings were
caused by “bandits and opposition.” The government has also claimed that
poverty and civil war have prevented investigations of the journalists
deaths. The CPJ noted however that the government has been capable of throwing
in prison four journalist on alleged treason charges, a crime that carries
the death penalty. The CPJ reported that the real offenses actually committed
by the journalists was to have footage showing People s Front excesses.
Along with Tajikistan, the CPJ report also listed Russia
as one of the deadliest places for journalists.
Gayle Oshrin