Post-Soviet Media Law & Policy Newsletter


Issue 20     Benjamin N. Cardozo School of Law     July 27, 1995 

Advertising on ORT Resumes; Kukly Puppets Attacked
As Pre-Election Jockeying for Control of Media Unfolds

    These are mildly convulsive and restless days in Moscow, the independence of the Russian press bumping up against the December parliamentary elections. Most of the world’s  attention focused on a tacky, rather old-fashioned criminal action against a satirical television puppet show on NTV, which had mocked President Boris Yeltsin and others in his entourage.

    We’ll discuss the Kukly case, but that was not necessarily the most important recent development in the relationship between government and the press.  This month, there was debate and action on renewed subsidies for the press, particularly the local press.  The Duma debates on the subsidies are treated inside this issue. Subsidies sounded good to many of the dying papers, but others attacked fresh support as yet another method of strengthening government influence over journalism.

Fear of Firing

    Paranoia, fear that the government might show its power by throwing some of the existing press mandarins to the wolves, resulted in Parliamentary debate and action.  So worried was the Duma, that on July 21 it called on President Boris Yeltsin not to overhaul the leadership of the Russian media before December legislative elections.

    The resolution, which does not specifically name those thought to be threatened, was adopted by 242 deputies, according to ITAR-TASS, adding that one legislator was opposed.

    Mikhail Poltoranin, a proponent of the resolution (Poltoranin had earlier joined the no-confidence vote in Yeltsin) said the media figures to be protected included Oleg Poptsov, head of RTR, those at ITAR-TASS and another news agency RIA-Novosti, and the government newspaper Rossiiskaya Gazeta.

    In reporting the story, ITAR-TASS pointed out that Yeltsin in mid-July fired the managing editor at Rossiiskaya Gazeta, Natalia Polejayeva, who was heavily criticized in press circles for an alleged lack of ethics. Replacing her was the former managing editor at the daily Robochaya Tribuna, Anatoly Yurkov.

    Poptsov’s tenure has been under continuous question since his presentation of political news events, especially following Chechnya, has been said to displeased the government. Earlier this year, as PSMLPN reported, some within the government had prepared termination papers, but Poptsov was fiercely backed at the time by fellow journalists.

ORT, the Elections and Advertising

    In a remarkable, witty and acerbic story in the New York Times, July 26, 1995, Alessandra Stanley reported that Sergei Lisovsky, head of Premier SV, a 34 year-old entertainment mogul, nightclub owner, had been chosen to head ORT’s advertising division.

    The article was important because of its probing suggestions about Lisovsky, who would receive a salary and a percentage of advertising revenue. Lisovsky, according to Stanley, “travels in a two-jeep caravan with six armed bodyguards cradling rifles.”  He was questioned after the assassination of Vladislav Listyev, the man who had suspended advertising on ORT in the first place.

    But the article also quoted Boris Beresovsky, the deputy chair of ORT and Sergei Blagovolin, the general director of ORT named after Listyev was killed concerning the role of television in the upcoming elections.

    Beresovsky said of the bankers and industrialists who had taken effective control of ORT:  “We have a so-called club of bankers, and we proposed to cooperate in the management of the mass media.”  ORT would play “a dominating role in the coming election.”  According to Ms Stanley, he said that “he and his partners did not plan to allow the ultra-nationalist Vladimir Zhirinovsky the same access to the airwaves he wielded with such success in the 1993 elections.”

    “We can’t be restrained against an aggressive power; we too have to be aggressive.”

    Blaogovolin hinted that ORT might ban all paid political advertising, though small amounts of free time might be given to political parties.  It was Zhirinovksy’s mastery of the equal time and paid time opportunities that some felt gave him a broad electoral return.

    Alexei Pushkov, ORT”s director of public and international relations, had announced on July 21, 1995, that ORT would resume advertising on August 1 with “a streamlined system.”  No more than two out of every 15 minutes of program time would be allowed for commercials, and “preferences would be given for Russian-produced ads.”   According to Mr. Blagovolin, the streamlined system will use, primarily, Premier SV, Mr. Lisovsky’s company.

Kukly “Ban” and Other Follies

    Let’s turn to Kukly.  The show, a knockoff of Britain’s Spitting Image, featured a puppet image of the President  as a homeless drunk, wondering why his mother had bothered to bring him into this world, and in another segment as a beggar woman on the subway, cradling a baby in her arms. The baby was said to be presidential security chief Gen. Alexander Korzhakov.

    The prosecutor general’s office, in a statement, accused the show of “conscious and public humiliation of [government officials’] honor and dignity, expressed in an indecent way.”  Alexei Ilyushenko, the head of the office, declined further comment.

    Under Article 131 of the Russian criminal code, such an offense is punishable by up to two years of “corrective labor.” Igor Malashenko, the suave head of NTV, called the charge “an attempt to scare off the mass media on the eve of the election campaign.”  He considered the action part of a plan “to frighten us and keep us under control.”

    In a press conference on July 18, Malashenko coupled the criminal action to a notification he received that the an investigation had been opened into an interview that NTV ran in June with Chechen guerrilla leader,  Shamil Basayev, the commander of the raiding party that seized more than 1,000 hostages in Budennovsk.  Malashenko stated, according to the Christian Science Monitor, that the prosecutor general’s office demanded from the channel a copy of the tape of the interview and a list of all NTV employees involved in conducting and broadcasting the story.

    Malashenko also said the charges were “a revenge against our coverage of the Chechen campaign which did not go down very well with some government officials.”

    At his press conference, which was raucously amusing, with puppets applauding the speakers, Malashenko also said “One of my acquaintances expressed the view that the bringing of the case by the criminal procuracy was really a subtle move by Mr Ilyushenko [the prosecutor-general] with just one aim in mind -to achieve the appearance of his own likeness on the “Kukly” program. But this hypothesis is clearly too fantastical.”

    The Financial Times suggested that “the incident reveals a media and a public which have drawn very far away from the country’s political leadership and which can barely muster even formal respect, let alone the former servility of the Soviet press. Russians everywhere dismiss President Boris Yeltsin as a has-been and an embarrassment, often with a flick of the finger on the throat to denote heavy drinking.

    “It is a tone which the daily Moscow press, liberal or conservative, increasingly echoes. The nationalist Sovyetskaya Rossiya, for example, was happy to echo NTV’s accusation that the charges against the station were part of a general effort to cow the press, and to add its own estimation of the Yeltsin administration as corrupt ‘bandits’.”

    There is apparently only one other reported case under Section 131: General Pavel Grachev, the defense minister, sued Moskovsky Komsomolets for alleging his corrupt behavior.  The case was brought after Dmitri Kholodov, one of the paper’s reporters, was murdered, apparently for investigating corruption in the military.

Yeltsin Photomontage

    If attacks on puppets and the appointment of a fox to guard the advertising chickens were not enough, July also saw the great controversy over the accuracy of a photo showing Boris Yeltsin recovering.  On July 7 the Kremlin press office released a photo which allegedly showed Yeltsin working in his room at Moscow’s Central Clinical Hospital (where he was  recovering from a heart condition problem).   He was wearing an elegant tennis shirt, seated at a desk, and smartly addressing a bank of four telephones.

    Some journalistic wag noticed, however, that an almost exact representation of Yeltsin had been released last April 3 presumably from a vacation spot in Kislovodsk. There was much huffing and puffing, and there has been neither confirmation that the photo op was “real” or that the press agency had been up to old-style Soviet games.

    According to the Moscow Times, with Yeltsin himself released from the hospital,  the misrepresented photograph “seems to have been more sloppy and arrogant than Machiavellian, but there will be a price to pay.  The president’s press office has lost substantial credibility.  Getting it back will take some doing.”



More Debate on State Support and Subsidy of the Mass Media

    In June and July, the long-languishing proposals for state support of the mass media seemed to advance, at least somewhat. Mikhail Poltoranin had backed away from the most controversial aspect of his measure, namely the National Fund for Mass Media Development, which was perceived as too massive and powerful a potential force. President Yeltsin made it known that some form of state support would obtain his signature. And in mid-July, a new measure, one that would provide state support for the regional press, started galloping through the Duma. Here we present some of the accounts and analyses of the measures that have appeared, primarily in the MOSCOW NEWS.

    1.  For example, on June 9, 1995 Tatyana Skorobogatko summarized the current status of the main proposals in an article in the MOSCOW NEWS, here excerpted and slightly edited:

    Over the last half year the State Duma twice proposed a law on state support of the mass media and book publishing, only to have it be declined by the Federation Council. In November, having overcome the senate veto, the Duma had to face a potential presidential veto. Late in May they agreed to some compromises and sent a representative to the inter-chamber conciliatory commission. However, the conciliatory process stands very little chance of being successful.

    The first variation of the law met with sharp criticism, not only from senators and the President, but also from many journalists. The legislators’ intention to set up a national fund for mass media development also sparked protests. The possibility of creating yet another monstrous structure resembling Poltoranin’s Federal Information Center, claiming powers over all the information space of the country, was frightening. The current version of the law doesn’t even mention the national fund. Having sacrificed this idea, those who developed the draft law hoped to save two others: that introducing the registration of print industry enterprises as joint-stock companies, and that setting up a soft currency, customs credit and tax regimes for the mass media.

    There were some grounds for hope. While criticizing the first variant of the law, the President, the Federation Council and the Russian Federation Committee for the Press stressed the anti-democratic character of the national fund. “I cannot permit any infringement on the freedom of speech and the press,” reasoned the President. “However, the mechanism giving considerable privileges to the press, which was incidentally worked out jointly by the government and the Journalists’ Union, merely camouflages the obvious: they count on strict control over publications with the help of the so-called National Fund for Mass Media Development.” Such was the opinion of the Committee on the Press.

    Meanwhile, the necessity of granting “considerable privileges to the press” didn’t arouse any objections from either side. From time to time governmental circles generated rumors about giving support to papers that were experiencing difficulties. It was not until several months later, when the stumbling block (i.e. the national fund) was removed from the agenda that it became clear that there were many serious problems with other provisions of the law. The government came to a conclusion that it was impossible to give the press any tax privileges at present, since it would strain the budget, and the manner of the registration of printing industry enterprises as joint-stock companies as provided in the law contradicts the state program of privatization.

    Certainly, the law provoked some doubts in the Duma. Thus, Mikhail Zadornov, chairman of the budgetary committee (and Igor Yakovenko’s colleague in the Yabloko faction), objected to tax privileges for the mass media, fearing they could be abused. Yakovenko managed to prove that, according to the law, organizations as such would not be exempt from the taxes but rather publishing activities. Thus, an organization selling oil could not set up a mass media “front.” But he failed to persuade the senators who feared that the law could be abused, and the Federation Council didn’t bother to invite any representatives of the relevant Duma committee to the session.

    It seems as though the very idea of rational, civilized aid to the mass media will be vetoed. Vitaly Zelenkin, chairman of the Federation Council committee for economic reform, insists on deleting from the law the chapter on registration of print industry enterprises as joint-stock companies. He believes that there should be a single law regulating the process of privatization in the country, containing specifications for different branches. In general, according to Vitaly Zelenkin, state support is due only to state-owned mass media; if they became joint-stock companies, the state should have nothing to do with them.

    Nikolai Gonchar, head of the senate budgetary committee, in his turn, holds that privileges to the mass media should be granted on certain grounds, taking into account certain circumstances. Moreover, he stresses that he is not politically motivated. However, it is not clear how, on the eve of elections, the absence of political motives can be ensured.

    And what will be the difference between these well-thought-out privileges and the state subsidies we remember so well?

    There is hardly a single politician in Russia who has failed to underline his or her principled and selfless adherence to the freedom of speech and to an independent press. But those newspapers that could survive with the help of a law, but without favours from the authorities, are obviously inimical to our Russian notion of freedom and independence.

    2.  One factor building support for the measure was the closing of many newspapers, especially NEZAVISIMA GAZETA. On June 20, Tamara Ivanova, who generally covers the media, wrote the following article for ITAR-TASS, here slightly edited,in which Poltoranin makes the case for his approach.

    The Russian market for media is about to collapse. As many as 1,520 publications have recently been closed because of the shortage of funds, Mikhail Poltoranin, chairman of the State Duma Committee for Information Policy and Communications, told a news conference. This figure is probably incomplete, Poltoranin suggested, as the survey refers to only 72 percent of Russia’s territory.

    Laws that could prevent the disruption of the Russian information zone are constantly blocked by branches of power, Poltoranin said. The draft law on state support for the media and book printing was turned down by the Federation Council once again. Meanwhile, tax and customs privileges envisaged by the draft law would meet the interests of the press and could economically ensure the political independence of the media.

    Igor Yakovenko, deputy chairman of the Duma Committee, believes that the government authorities probably have their own concept of state information policy. He did not rule out that a sort of a “ministry of truth” might emerge from it framework. Vsevolod Bogdanov, the chairman of the Russian Union of Journalists, recalled the recent attempt to advance a draft law to establish a state commission for periodicals of social importance.

    Yakovenko said the Duma committee intends to exert every effort to promote the adoption of the draft law on state support for the media. He said that in order to achieve this, it may be necessary to drop from the law some important provisions regarding tax privileges. These provisions, however, may be registered in the tax code being drafted.

    Poltoranin pins hopes for a constructive solution to the problem on plans of forming a working group that were discussed during a meeting with Deputy Premier Vitaly Ignatenko. The purpose of this working group, which is to include representatives of all branches of power, is jointly to work out a concept of state information policy and matters of financing the media.

    3.  Support for the Regional Press. Sergei Chugaev wrote on July 14 on the progress of legislation which would target subsidies for the regional press and the concern that such laws would make the regional press fully dependent on local authorities and the Duma.

    The Duma committee for information policy and communication has not given up on the idea of improving the system of state support for the domestic mass media. Last time, as many people remember, such an attempt (when the committee leaders tried to control the distribution of state subsidies to newspapers and magazines) ended with the absolute majority of central periodicals being deprived of any state support. But now the regional press drew the attention of the committee headed by Deputy Poltoranin who withdrew the other day from the faction of Russia’s Choice. Now it is the turn of the regional press.

    In the next few days the State Duma must examine in the first reading the draft law “On Economic Support of the District (City) Newspapers,” prepared under the guidance of Poltoranin.

    It would be more correct to call this document a draft law on the revival of the system of state subsidies to the mass media, since it says nothing about any economic measures of support for the press (as, for instance, the granting to newspapers and magazines of tax advantages or the encouragement of investments for the development of their material base). The draft law deals only with the allocation of funds from the federal budget to local publications to cover part of the expenses of printing services and paper. In other words, the Duma committee for information policy and communication is trying to renew the idea of state subsidies to the press, which was buried by the Duma (largely thanks to the efforts of the same Poltoranin). However, to most editors and journalists of the Russian district papers, who already have one foot in the grave, it does not matter in what form aid comes from the state. Therefore, if legislators have decided to revive the experience of the past year, two questions inevitably arise: who will distribute subsidies and who will receive them (and for what purpose?)

    Naturally, the draft law does not envisage the distribution of budget money to all the city and district newspapers in need of funds. We simply don’t have enough money for all. Subsidies will be distributed to those publications, as the authors of the draft suggest, that will be included in a federal register of district (city) newspapers.

    The idea of creating such a register is the essence of the legislative initiative. The authors of the draft suggest that the right to decide which papers will be included in the register and which will be left without support should be granted to “conciliatory commissions of subjects of the Russian Federation,” which will be formed of representatives from local branches of the executive and legislative powers, as well as from the Union of Journalists of Russia.

    It is easy to imagine what passions will flare in the regions, what intrigues will be carried out, what struggles will be waged for the right to get on that register which will guarantee a comfortable and untroubled existence. It is also obvious which publications will be so favored. It is most likely that the first candidates for membership in this select group will be the “pocket” publications obedient to the authorities. But truly independent papers, quite a number of which have appeared of late in the Russian provinces, will be left to their own resources. As always, when it concerns the distribution of budget subsidies, preference will be given to those publications which are able to prove that they are in the most disastrous situation, through no fault of their own, of course. As a result, the worst papers will be able to continue their existence, and the best will find themselves in a still more complicated situation.

    According to government experts who studied the draft law, its realization will inevitably lead to another rise in the price of paper and printing services, which will deal a blow to the entire Russian sphere of newspaper-magazine production and book publishing. However, it appears that the authors of the draft law are not really concerned about the economic consequences. The likely political results are much more important.

    In a cover note to the draft law Poltoranin emphasizes that the document submitted to the Duma is included in the packet of legislative acts designed to regulate relations in the sphere of the mass media. In fact, it is quite logical that on the eve of elections the first draft law from this packet submitted for the consideration of deputies is devoted to the regional press. Today, an absolute majority of politicians seems to realize that at the forthcoming elections the greatest advantage will be gained by anyone who manages to take the regional press and cable television under his control. The best proof of this may be the stable (compared with central publications) circulation of district and city newspapers. Regarding the draft law from this viewpoint, its underlying political reason is obvious: having failed in an attempt to take control of the central press, the Duma committee for information policy and communication suggests that the regional authorities conclude an alliance in order to form a controllable pool of regional press, if not by destroying then by seriously weakening the independent local mass media.

    The permanent striving of the Duma committee for information policy to use the economic problems of the Russian mass media to achieve its own political aims has already cost many publications a pretty penny. But while the country has no clear-cut state conception of economic support to the press, such maneuvers will inevitably continue.

    4.  In the last issue, we reproduced Mr. Tretyakov’s comments on the closing of NEZAVISIMAYA GAZETA. On June 21, 1995, he announced the paper’s plans to establish a stock company called AO Publishing Group Nezavisimaya and Others.  Its organizing committee includes Igor Malashenko, Boris Grushin, Viktor Geraschchenko and Oleg Yerfremov.  Lev Veinberg, who is General Counsel, is also vice-chair of the Committee.



Hungary Finally to Pass Media Law?
New Prospects for Commercial Broadcasting Analyzed

    It’s the eve—almost everyone believes—that Hungary will pass its first post-soviet media law.  The draft law has been a matter of endless debate, resulting in a proposed statute of consummate complexity, as elaborate in its institutional framework as the Hungarian Parliament building is in its late-Hapsburgian architecture.  Here, we provide several insights, mostly drawn from Heti Vilaggazdasag, on the debate and commercial implications of the new media world dawning in Budapest.

    1.  On July 1, according to a Reuters Textline pickup from Heti Vilaggazdasag,  Hungarian Television (MTV), TV lobbies and the Culture Ministry agreed to a nine-point list of desirable amendments to the Radio and TV bill now before Parliament.
 The chief points are that (1) the successful private operator taking over Channel 2 (TV2) would begin broadcasting not three months but six months after being awarded the contract; (2) a month before this, Hungarian Television would launch its new satellite channel; (3) regulations concerning advertising on the satellite channel would be less onerous than on Channel 1 (TV1), e.g. advertising would be allowed for nine minutes per broadcasting hour, and fewer types of advertising would be banned; (4) the planned 5% increase in the compulsory quota for Hungarian films (planned to be 20%) would not apply; (5) a broader definition of what counts as a Hungarian film would apply.

    2.  A month earlier, June 3, Heti Vilaggazdasag carried the following sstory on the future of advertising in Hungary.

    One of the major questions for the advertising industry in Hungary is whether growth can be expected, and if so what media are likely to get most of the growth. Influencing the answer either way will be the actual form of the Advertising Bill, if it actually reaches the statute book. The advertising industry has grown exponentially since 1988: in the latter year, turnover was 7bn forints. Billings have since then grown by 10% above inflation, to 42bn forints last year. Optimists therefore predict billings of 56bn forints this year, but realists question this. Though the 80% of billings paid for by multinationals may continue to grow, the domestically owned sector is hardly likely to follow suit. However, the possibility of the ban on certain types of advertising being lifted and of the Media Bill releasing more TV and radio advertising capacity might just provide the necessary stimulus for growth. An advertising White Paper has now been drafted and circulated for comment, and it provides much greater degree of liberalisation than many had dared hope. This is largely the result of the Treaty of Association with the EU, which enjoins harmonisation on the lawmakers. Action of some sort is certainly necessary. Over the last 18 months, the Competition Office has gone soft on advertisers who disregard the long-standing ban on advertising alcoholic drinks, cigarettes and medicaments. The Office feels that it can get nowhere with the law as it stands. Thus it is not only posters which flaunt such ads, but also state-run TV2, leading national daily Nepszabadsag and others such as Szines RTV, Magyar Hirlap and Kurir. The White Paper proposes banning advertising of tobacco products on TV and radio. Advertising in printed publications and posters would be banned only if it promoted the habit of smoking, or associated smoking with a positive lifestyle or children. Pictures of people smoking would also be banned, as would pictures of well-known personalities. Advertising of alcoholic drinks would also be much as in the EU, though consideration is being given to maintaining the ban on the advertising of spirits on radio and TV. A complete change proposed would be to lift the ban on non-prescribed medicaments entirely. Justification for the changes according to the White Paper is that the ban on advertising has not reduced smoking, and advertising really promotes brands rather than smoking as such. According to the Tobacco Federation, smoking increased continuously to 1991, but has declined since then from 27bn cigarettes to 21.9bn p.a. Nonetheless, the medical profession is throwing all its weight against relaxing the ban on advertising, claiming that it serves to accustom the young to the acceptability of the idea. However, the American trend could be more relevant -there it is smoking which is banned, not the advertising. In Hungary, smoking has not been banned even in hospitals. If the bans are indeed lifted, it is predicted that advertising of tobacco, drinks and medicaments could rise from the present 2bn forints to 12bn forints p.a. As far as the Media Bill is concerned, the press fears that it will lose ground to the electronic media, but outsiders consider that TV has made such inroads because advertising time has been offered so cheaply, being subsidised by the state. If state subsidies are withdrawn and truly commercial TV stations are introduced, prices will have to rise. The other side of the coin as far as press advertising is concerned is that, except for business and computer magazines, there are few publications aimed at specific sectors of the market that would attract advertisers.

SHARE OF MEDIA IN ADVERTISING EXPENDITURE IN 1994
 
TV 41.62%
Magazines 17.45%
National Dailies 19.18%
Provincial Dailies 6.70%
Radio 7.88%
Hoardings 5.89%
Cinemas 1.28%

PRINCIPAL SPENDERS IN 1994 (in millions of forints):
 
Unilever Hungary Kft 2,048
Procter & Gamble Kft 1,430
Henkel Budapest Kft 1,028
Postabank Rt 721

    3.  Reuters Textline also picked up from Figyelo in mid May an article on the prospects for commercial television, prospects modified somewhat by the political agreement outlined above.  Here’s the text of the article:

    The continued absence of a Media Act has produced an interim situation in television and radio broadcasting in which a number of unpredictable elements may change the future direction of the industry. Main features of the present situation: