Post-Soviet Media Law & Policy Newsletter


Issue 18     Benjamin N. Cardozo School of Law     May 23, 1995 

The BBC’s Central and Eastern European Strategy in a Post-Soviet World

    This essay appeared in the Warsaw Voice, May 7. It is by Witold Zygulski, written from London.

    The media competition in postcommunist Central and Eastern Europe is forcing the grande dame of international broadcasting to restyle itself.

    “The BBC has no opinions on anything, except its future existence,” quipped Eugeniusz Smolar, head of the Polish Section of British Broadcasting Corporation radio. Judging by the plans for the coming years being developed in London’s Bush House, the BBC’s role in former Soviet Bloc countries and the former republics of the Soviet Union will remain considerable. In spite of the historic changes that transformed the media market in Central and Eastern Europe, the people at BBC believe that they still have an important mission to fulfill in building a new system of independent, objective information networks for both mass audiences and the elite.

    According to Mark Rayne, European regional editor for BBC Radio, the postcommunist states are the main challenge for the company right now. Like most of his colleagues, Rayne believes that the BBC’s biggest advantage over the other radio broadcasters is that they present the problems of the target country in an international manner. “Most Poles still think that the world is centered around Warsaw; we must try to show them that this is not the case,” said Rayne.

    This year, for the first time in BBC history, the British Foreign Office (which sets the corporation’s budget) agreed to drop the system by which the station was obligated to broadcast a defined number of hours in a particular language every week. Now it is up to the management to decide themselves how much air time to give to every country’s audience. The German language program, for example, was reduced by half when it was decided that keeping up the program directed to listeners from the former German Democratic Republic did not make sense anymore.

    With the elimination of the language quotas, each section has had to fight to prove its necessity. “The management might decide at any time to reduce or close down our section,” said an employee at the Polish Section. “The times when we were politically necessary are over.”

    Fighting for listeners in a situation when the station cannot afford to put up its own radio transmitters forces the BBC to seek other forms of operation on Eastern European markets. Generally there are three solutions: applying for a new frequency; renting transmitters or establishing joint venture-type arrangements with local radio stations; or re-transmitting BBC broadcasts, again in cooperation with local partners.

    On the map of postcommunist listeners of the BBC, Poland now has the third largest audience. According to Bush House information, the number of regular listeners in Poland (a regular listener is defined as one who tunes in at least once a week) is about 1.3 million. Only in Romania (1.4) and in Russia (5.7) are there more listeners.

    Twenty radio stations re-transmit BBC programs in Poland. By comparison, in Romania there are 33 stations which do this, in the Czech Republic -16, Slovakia -10, Hungary -11, Bulgaria -7, Ukraine -5 and in Russia -4. In the Czech Republic, Bulgaria and Slovakia, the BBC also rents independent radio transmitters. There are currently 25 hours of Polish-language programs a week (in the Czech Republic, Hungary, Bulgaria and Romania there are 17 hours, in Slovakia seven hours, and in the Russian Federation 59 hours).

    The explosion of the free media market in postcommunist countries took a considerable proportion of listeners from the London broadcaster. This is especially true of urban listeners: Research shows that the BBC’s average listener lives in the country. Smolar says that this situation is natural -in major cities, such as Warsaw, Cracow or Poznan, there are simply more radio stations than in rural areas.

    The average BBC listener is likely to be a male university or college graduate. The BBC people say that this is a result of the London broadcaster trying to reach the more “conservative” public. All the aspects of the station’s broadcasts, from the language used to the way the information is presented, is targeted at the listener who seeks objective news, without the emotional commentary present in the news programs of many of the BBC’s competitors. Research studies show that a considerable number of BBC listeners have been listening to the station for at least 10 years. The regular listeners, say BBC management, form a core audience through which they will try to gain new listeners.

    “Our typical listener is 45 years old,” said Boris Maximov of the Russian Section. “Since the average life expectancy of a man in Russia is currently 59 years, if we don’t reach the young ones, in 15 years we will lose this market.” Maximov, born in Great Britain from Russian emigre parents, believes that the 5-percent share of the Russian audience garnered by the BBC exactly mirrors the old joke that of all the people in Moscow, there are 5 percent who know something, 45 percent who know nothing and 50 percent who don’t want to know anything.

    “We consider ourselves a kind of public service agency,” added Maximov, who said that the BBC in Russia tries to teach political culture to both its listeners and the politicians it tries to cooperate with. This is not always possible; in some former republics, persuading ministers to give an interview on the air is an almost impossible task.

    On the other hand, BBC employees note that although for nearly 70 years contacts with foreigners (much less a conversation with a foreign journalist) were fraught with potential dangers, citizens of the former Soviet Union now have no compunction about openly speaking of their grievances. Maximov recalls the time when a survey was done by phone in Vladivostok; hardly any of the people called refused to speak directly on the air.

    In Poland, where the local brand of communism was, especially after 1956, much more benign, people do not have to be persuaded to speak out. The problems arise when they have to be asked to keep their emotions in check and conform with the principles of cultured and civilized debate. Smolar says that many of those who make up the 35-strong Polish Section today (of which 25 are broadcast reporters) had to be gradually brought around to BBC principles.
 The BBC’s first Polish language program was broadcast on Sept. 7, 1939. Since then the BBC has not been silent even for one day. During World War II, one broadcast was a little late because 15 minutes before it went on the air a German bomb came down on the neighborhood. However, Polish listeners heard nothing out of the ordinary, with the exception of a slight tremble in the newscaster’s voice.

    After the war, the communist regime began jamming BBC broadcasts, as it did with Radio Free Europe and the Voice of America; this was only discontinued in the late 1980s. In 1989, the Polish section of the BBC started cooperation with Polish Radio 4 and began to re-transmit its programs. After a year, the BBC was replaced as PR4’s partner by Radio Free Europe, which at the time had much more money. Since then the BBC has established contacts with a group of local stations, proposing joint undertakings. In Poznan its partners are Radio Merkury and Radio S, in Warsaw Radio Dla Ciebie.

    Rayne says that seeking permanent partners on the local market is the best solution for both parties concerned. The BBC provides its extensive experience to the newly founded radio stations, receiving in exchange the ability to broadcast its programs. The system worked very well in Hungary, where the audience of the BBC’s partner station Radio Kossuth is growing. “According to polls, 70 percent of Hungarian members of parliament are listeners; it seems that we have reached the political elites in Budapest,” said Rayne.

    One of BBC’s strategic goals in Poland is to set up Info-Radio, a joint project of the BBC, PAP Polish Press Agency, the Rzeczpospolita daily newspaper and the Polityka weekly magazine. The idea is to utilize the network of the several hundred professional journalists of all of the above-mentioned media. This would help, according to the outline of the project, to create Poland’s first “every hour on the hour”-type news service.

    Unfortunately, Info-Radio was not successful in its first attempt to receive a license from the National Radio and Television Council to operate in Poland. After the license had previously been confirmed, the application was then rejected with five to four votes against. The members of the council who voted against argued that Info-Radio could, with its journalistic potential, threaten other broadcasters, and create an information monopoly. This argument seems absurd in London. Members of the Polish Section suggest that the new station’s strictly apolitical character is not liked by some members of the council, who, in their opinion, believe that new licenses should go to broadcasters who have a clear political orientation.

    In summer Info-Radio will fight its second battle in the license war. Work to organize the station is in progress. So far, the Polish Section of the BBC is busy setting up the Warsaw newsroom, which should start operating in the next few months.



Ukrainian Law on News Agencies

    On February 28, 1995  President Leonid Kuchma of Ukraine has signed the Law “On News Agencies”, adopted by the Supreme Council (parliament) of  Ukraine the same day. The statute defines news agencies as “subjects of information activity, registered in the manner established for juridical persons, that act with the aim to provide informational services” (Art. 1). The functions of news agencies, according to the statute,  are: “collection, processing, creation, preservation, editing, production and dissemination of informational products” (Art. 5).

    In the same manner as the Statute on the Press (1992) and the Statute on Broadcasting  1994), this act follows the general restrictive quota for foreign capital in national media. "Establishment and operation of news agencies by foreign juridical and natural persons and persons without citizenship are prohibited in Ukraine. Establishment and operation of news agencies with foreign investment exceeding 30% of their capital stock are prohibited” (Art. 9). The most reliable and quickest news agencies operating in the country  today are probably Interfax-Ukraine (a joint venture between Moscowts Interfax news agency and a Ukrainian citizen), and Reuters with its huge network of stringers all over the country. State-run agencies have a priority  over other agencies in the access to communication lines if the information they intend to disseminate is “of special importance for the state and society” (Art. 29).

Andrei Richter



Ryabov Discusses Central Election Commission Proposals
for New Laws Governing Forthcoming Elections

    This interview with Nikolai Timofeyevich Ryabov, Chairman of the Central Electoral Commission of the Russian Federation, was held in mid-May, at Rossiiskaya Gazeta.  The interviewer was Valentin Maslennikov.
[Q]     Many readers want to know what is an “election movement?”
[Ryabov]     This is a much more complicated question than it may seem at first sight. The thing is that there is no such notion in our legislation. There is a notion of “public movements”, but nothing is said about “election” ones. The only law passed by the State Duma mentions public movements without individual membership, that is without a basic key difference. We obviously need a detailed law on parties and movements. But neither our previous parliament nor the present one has been able to adopt such a law so far. So, we have to use the existing language, although all admit that it is rather artificial. Under this language, a movement can be set up by three or 300,000 people. Obviously, they won’t be able to compete on equal terms.
[Q]     How many movements do we have today?
[A]     We have registered 256 movements.
[Q]     And all of them will be able to take part in the upcoming elections?
[A]     Under the standing legislation, a public association registered by the Justice Ministry at least six months before the elections is allowed to take part in the polls. If you take the date of election, December 17, and count back six months you will get June 17. Those who register by that time observing all the rules will be able to run on party lists. We expect a fierce struggle. The facts that occur every single day testify to strength and attractiveness of power. This campaign, as we believe, will be a very active one. So, we are preparing for this, although we do feel the lack of the main package of election laws. A direct federal program has been adopted to help those who will enter into the election race get more information and build up their legal knowledge. The election technology training center has been working at full capacity in Moscow. Such centers are beginning to operate in several subjects of the Federation. Our representatives have just returned from Krasnoyarsk and Irkutsk. Preparations are in full swing there.
[Q]     Is there enough time for our deputies to prepare all the necessary laws? How much time do they have?
[A]     You use the same method to determine the date here. Under the Constitution, elections should be announced at least four months before their beginning. Add this figure to the officially announced date and what we will get is that the entire package of laws should be ready by August 17. On that day we will officially kick off the election campaign. So, there is still time, although not much. That’s enough to do the job. We are confident that all necessary laws will be prepared. The talks that our deputies do not want to pass these laws because in order to extend their mandates are nothing but a political speculation by unscrupulous demagogues.
[Q]     There has been a lot of talk lately that only “money bags” will win the elections.
[A]     The laws that we hope will be passed soon provide for equal financial conditions for all candidates. In the past this equality was merely declaratory. We will put in place a special mechanism of control over the use of funds in the upcoming elections. Candidates will be prohibited from using money other that that contributed to their election funds.
[Q]     Don’t you think that for Russian resourceful people it won’t be difficult to circumvent these restrictions?
[A]     We will remove such people from the race. We have determined the forms of accountability. There will also be banking control. We will know for sure how much this or that election association has on its account and where this money comes from and where it is spent. If a candidate or an election association uses more than they have on their account, the commission will have the right to appeal to court to cancel their registration within five days or immediately if it happens on the day of election. Of course we understand that we won’t be able to solve all the problems at once, but we will continue our efforts to ensure equal financial opportunities for all candidates.
[Q]     Many are concerned about inequality in advertising. Some deputies are seeking to get their election programs published in the press as much as possible, without having any remorse about using their current position..
[A]     This is inadmissible. The law makes an exception only for one person in the entire country—the president or, in some cases, the prime minister, if he is acting as the country’s president. All others have equal conditions: if you want to take part in the election campaign—take a leave and go ahead, but you have cannot use your current position or your deputy mandate. If some of the current deputies decide to run for a seat in a new parliament and will go campaigning at the government’s expense, they will violate the law which prohibits the use of funds other than those that they are entitled to. It should be noted, however, that there is a lot to think about here. Under the law, the present deputies who decide to run for re-election are obliged to take a leave as of August 17, which I think is unlikely to happen. On the other hand, no one forces them to run for election.