Post-Soviet Media Law & Policy Newsletter


Issue 21     Benjamin N. Cardozo School of Law     September 27, 1995 

Brew of Economics, Language, Sovereignty:
Ukraine Shifts ORT, Unleashing Protests

    Since the beginning of August, there has been a roiling dispute over the transmission of the signal of ORT (the former Ostankino)--Russian Public Television--in Ukraine. The dramatic dispute began on August 1. That day, Ukraine switched the broadcasts of ORT to a less available frequency channel, and thus considerably reduced the viewing audience. (See Issue 3 of PSMLPN for a background primer on broadcasting in Ukraine).

    One early report from the Russian side was as follows: “The problem of the ORT channel is probably more important for Ukrainian TV viewers than the Black Sea Fleet problem, since it concerns everyone.” Ukraine’s State Committee for TV and Radio has allocated one channel to local TV stations, which they may use as they want. This frequency channel is the present ORT decimetric channel. The local TV companies are jamming Moscow broadcasts and interrupting ORT programs with their own programs and commercials.

    One frequentll\y given explanation for the reallocation of the ORT channel was that at any moment ORT could present a bill to Ukraine for the broadcast of ORT programs. Hence, “Ukraine would like to set up an information counterflow as part of a sort of compensation for possible concessions, and to broadcast its own programs in Krasnodar Territory, Stavropol Territory, Tyumen Region and Russian places of dense Ukrainian population.”

    Ukrainian deputy parliamentary chairman Oleh Dyomin avoided pubic responsibility immediately after the decision. He said that neither Ukraine’s parliament nor its government decided to move Russian Public Television (ORT) to another TV channel. Those who made the decision “were in a hurry,” he told a news conference in Kharkov on August 3. According to a directive issued by the Ukrainian State Television and Radio Broadcasting Committee on July 18, ORT was moved to the second national channel, already partially used by local production entities, because of ORT’s debt to the Ukrainian State Television and Radio Company.

    “This approach to the resolution of economic problems is rather gross,” Dyomin remarked optimistically. He added, “As far as I know the opinion of the leaders of our state, the situation will be fixed.” Dyomin emphasized that “no political games should be seen in this decision. However, the authorities have to think out the consequences of their every step,” he noted.

    Pravda reported that the Ukrainian Supreme Council Sub-Commission for Television and Radio Broadcasting in mid-August called on the State Committee for Television and Radio Broadcasting to suspend the order concerning the relays of ORT.

    In the opinion of sub-commission chairman Serhiy Aksyonenko, the Kiev television bosses’ decision is leading to heightened tension between eastern and western regions of Ukraine and exacerbating the language problem. All of this will fail to promote an improvement in relations with Russia and will strengthen the information blockade against the Ukrainian population.

    Aksyonenko also claimed that the order would result in the galvanization of nationalist and chauvinistic forces, the restriction of citizens’ rights to choose their sources of information, and a deepening of the breakdown in spiritual and cultural ties between the Ukrainian and Russian peoples.

    In a somewhat conciliatory tone, an ORT emission in Moscow opined that “experts consider that the best solution to the reciprocal financial arrangements with the Russian first channel ORT would be a sort of zero option, under which ORT would stop charging Ukrainian broadcasting companies for the right to show ORT television programs, while the local television and radio companies would stop charging ORT for relaying its broadcasts.

    In the meantime, millions of Russian television fans in Ukraine can expect more unpleasantness in the near future. As of September 1, in accordance with a decision from Ukraine’s State Committee for Television and Radio, broadcasts of Russian Television RTV, operated by the All-Russian State TV and Radio Company VGTRK will be stopped altogether. The UT Ukrainian Television channel which carried RTV “will then be used exclusively for showing Ukrainian national television programs.”

    On September 2, RTR confirmed that it was being reduced in terms of distribution in Ukraine, more sharply than ORT. “Ukraine’s viewers are saying good bye to the channels of the All-Russian State Television and Radio Company VGTRK, which operates the Russia TV channel, RTR for good. “Until today, only its evening programs have been replaced by Ukrainian television programs, but now UT-2 Ukrainian Television’s second channel will be broadcasting much more and will be replacing all the RTR programs. Even the soap opera “Santa Barbara” is being dubbed into Ukrainian and from Monday 4th September its heroes will be speaking Ukrainian.”

    To underscore the dramatic nature of the move, on August 4, ITAR-TASS issued the results of a poll stating that ORT is the most popular channel with Ukrainian viewers. The poll, conducted by the Democratic Initiatives company, found that 80 per cent of those interviewed watched Russian Public TV either “regularly” or “frequently.”

    According to ITAR-TASS, this popularity explained the “wave of protests sweeping the country in the wake of the decision to relegate ORT television to secondary channels and allow local broadcasters to interrupt ORT programming.”

    The agency added the that Crimean parliament had adopted a resolution requesting the republic’s government to return ORT programs to Channel One before August 15. Mykhaylo Bakharev, the chairman of the Crimean parliament’s standing commission on the mass media and public relations, declared that unless the order was fully carried out, the parliament was prepared to urge civil disobedience on the part of the Crimean inhabitants.

    According to Ukrainian officials, Channel 2, on which ORT would now be broadcast, covers 72 per cent of the Ukrainian territory in contrast to Channel 1 which covers 97 per cent of Ukraine. Furthermore, regional TV companies would, under the decision, be able to decide whether to air their own or ORT programs and, in some cases, where else to move the program.

    Ukrainian officials constantly reiterated that the decision to switch the ORT to a less popular channel was caused by the R15bn (over three million US dollars) ORT debt to the Ukrainian State TV and Radio Company. Zinovy Kulik, chairman of the Ukrainian State TV and Radio Company, attributed the decision to the fact that ORT has not signed a proposed agreement on broadcasting its programs in Ukraine. He said the problem was to be solved on the government level and did not rule out that the ORT might soon return to Channel 1.

    Ivan Kuras, Ukraine’s deputy prime minister in charge of humanitarian policy, told UNIAN, the Ukrainian news agency, in an interview, “the problem with the Russian Public Television relay in Ukraine is one of finances rather than politics and if Ostankino [(ORT)] does repay to Ukraine all of its debt and continue to pay promptly for its air time, the first channel will resume broadcasting Russian Public Television.”

    He added that Russian television should also pay for its extra broadcasts to Ukraine. “If these requirements are met and if an agreement is signed on the transmission of Russian Public Television programs in 1995, Russian channels will operate as normal,” Ivan Kuras said.

    Viktor Petrenko, chairman of the National Television and Radio Broadcasting Council under the president of Ukraine, in a late August news conference, took a longer term view of the ORT problem. He said that “the return of Ostankino [(ORT)] to Ukrainian TV screens in its previous volume is unlikely.”

    He added that three options were now under consideration to find a solution. The most important option would allow ORT to reclaim its previous channel on condition that it dedicates 50 per cent of its airtime to Ukrainian productions, with Ukrainian TV channels to be broadcast in those areas within the Russian Federation where there are a considerable number of Ukrainians. The second option would mean the establishment of a new TV channel to fund Ostankino TV programs on the same condition. The third option envisages the delegation of a decision on this matter to regional authorities.

    Meanwhile, Petrenko said, Ukraine’s national television company has not yet been issued a license to broadcast on the channel previously occupied by Ostankino.

Protests

    The changes in ORT’s carriage led to widespread protests and varying reactions by regional politicians. After one month, in some areas of Ukraine, particularly the East, fuller coverage of ORT had been restored.  There were protests reported throughout Ukraine. Some were against the national decision; others, by nationalist parties, protested local actions to augment or restore ORT’s level of coverage, especially to benefit the substantial Russian population.

    On August 23, in the Donetsk region, national democrats circulated a statement in protest at the resumption of Russia’s ORT Russian Public Television in place of Ukrainian TV channel two. Relays of ORT in Donetsk reportedly returned to channel one on August 18.

    The funds to be made available by Donetsk authorities to resume ORT relays “will once again be taken away from the representatives of the People’s Movement of Ukraine, the Prosvita society, the Christian Democratic Party of Ukraine, the Congress of Ukrainian Nationalists, the Ukrainian Republican Party and the Party of the Democratic Revival of Ukraine.

    The statement added that “the export of information from Russia with the aid of ORT is a strategy for the protection of the Russian national interests and a means for the formation and manipulation of mass consciousness among the Ukrainian public.”

    Almost simultaneously, the republic’s opposition, the Civic Congress of Ukraine party staged pickets in Donetsk, Krivoy Rog and Lugansk. The pickets demanded yet again, the return of ORT programs to channel one throughout Ukraine.

    Similar pickets had also been planned for Kiev, but Aleksandr Luzan, deputy chairman of the Civic Congress of Ukraine party, told ITAR-TASS that when the pickets arrived at the building of Ukraine’s State Television and Radio Company they were stopped by reinforced militia patrols and warned that as soon as they unfurled a single banner they would be detained for three hours and deported from Kiev.

    According to ITAR-TASS, over 200 people have taken part in protest actions against the Lugansk town council demanding that ORT programs be restored to channel one.

    According to ITAR-TASS, officials in Nikolayev, Odessa, Dnepropetrovsk as well as in the Donetsk Regions and in Crimea have satisfied such demands.

    In Kharkov, members of the regional organization of the Party of Slavic Unity of Ukraine asked the chairman of the regional state administration, Oleksandr Maselskyy, to resume broadcasts of ORT programs in Kharkov in their entirety and on the same channel. On August 29, about 20 members of this organization picketed the state administration’s building for three hours.

    In an interview with UNIAN, Ukrainian People’s Deputy Volodymyr Alekseyev described the cessation of Ostankino programs on channel thirty-two as “a gross violation of current Ukrainian legislation.” He said that he would do everything to ensure that the issue is raised in the Supreme Council, which ought to guarantee citizens’ rights. Oleksandr Romanenko, the director of the regional TV transmission center, told UNIAN that channel three and channel 32 in the region had equal coverage and that local viewers had not suffered. Broadcasts by ORT continue throughout the region on channel three.

    In Kharkov, according to an August 10 report by UNIAN, Mayak radio relays have resumed in Kharkov, after a three-month break. The Stank joint stock company pledged it would pay for the round the clock transmissions. The director of the region’s radio and TV broadcasting center, Oleksandr Romanenko, has told Unian that under an agreement, the Stank company would pay over 200m karbovantsi per day for the round the clock relay of Mayak by the end of the year 1995.

    An agreement was being drafted, the UNIAN report continued, under which the Stank joint stock company would pay for the daily 12-hour broadcasts of Russian Public Television ORT in the city of Kharkov and Kharkov region: ORT programs were switched to channel thirty-two because ORT refused to pay for the relay of its programs. Under the agreement, the Stank joint stock company should pay about 3bn karbovantsi per month for the relay of ORT broadcasts. Romanenko assumed that the relays of Mayak and ORT programs would, therefore, not be halted in 1996 as they have been in 1995. That concluded the UNIAN report.

Dnepropetrovsk

    On August 31, according to Ukrainian Radio, the head of the Dnepropetrovsk regional state administration, Pavel Lazarenko, issued a decree ordering the resumption of relays of Russian Public Television ORT on its former channel. The decision was taken, he said, because several thousand petitions had been received by local authorities containing complaints, especially from old people, that older TV sets could not receive the frequency band to which all the popular programs from Moscow had been switched. Older television sets cannot take decimetric frequency channels 13 to 49 without a special device and antenna. These are expensive to buy, the quality is poor, plus many areas are off the signal distribution area. As head of the regional administration, Lazarenko believes that this impedes the right of the citizens to receive full and diverse information.

    Lazarenko said that it would take money to improve the channel status of ORT in Dneproperovsk. The final decision on the necessary funds for the broadcast of ORT on its former channels and the source for such funds will be adopted by the September session of the regional council. The necessary funds for the resumption of broadcasts have been supplied by sponsors: the commercial bank Privatbank and other commercial bodies.

    Ukrainian radio reported in early September that “not a month has passed since Sevastopol’s leadership sent a telegram of protest to the management of Russian Public Television ORT. Unfortunately, another telegram of protest has been sent to Moscow, because misinformation has again been broadcast in one of the most popular programs, “Vremya.”

    On August 14, Vremya broadcast a report, according to the Ukrainian account, without a source, which said that the town’s executive authorities supposedly appealed to the International Court of Justice in the Hague with regard to Sevastopol’s Russian status. As no such thing actually occurred, the Ukrainian announcer said, the Sevastopolites demanded a retraction and a reply to the question of who had been sending such nonsense to Moscow. However, this was greeted with silence.

    Moreover, according to the Ukrainian radio emission, another sensational report was broadcast on the news program from Moscow, saying that Sevastopolites were supposedly to be denied the opportunity of watching ORT broadcasts as of September 1. In reality, just the opposite is true, it claimed. On August 29, Sevastopol’s administration paid 1.2bn karbovantsi to the Crimean Radio and Television Broadcasting Center, thus ensuring normal relays of Russian television.

    The events in Ukraine gave birth to other somewhat contradictory reports. ITAR-TASS reported, on August 31, that the population of Sevastopol, Russia’s major Black Sea naval base and Ukraine’s city, had been cut off from the Russian Public Television ORT. A document signed by relay service director Aleksey Dmitriyev was read at a meeting of the city administration, ITAR-TASS claimed, saying that the local television company had not paid for “the best transmitter” which was provided to it for broadcasting ORT.

    Earlier, a conflicting report was distributed by UNIAN: “The Ukrainian leadership realizes that there has to be a special approach to Crimea in this matter,” Yevhen Suprunyuk, Crimean parliament chairman, has told Unian. He revealed that ORT Russian Public Television relays in Crimea were the subject of his meeting with Ukrainian President Leonid Kuchma. He added that Ukraine’s Derzhteleradio State Television and Radio Committee had already released 14,000m karbovantsi for the needs of the local radio and television transmission center and Crimea’s state TV and radio company.

    “Crimea stands to receive another 100,000m karbovantsi towards the cost of the reversing the ORT channel changeover in Crimea and the repair and purchase of equipment for the radio and television transmission center,” said Yevhen Suprunyuk. He added that Krymavtohazservis had also made available 1,000m karbovantsi for this purpose. “I am sure that Crimeans will be able to watch ORT on the first channel as early as one week’s time,” said Suprunyuk.

    Elsewhere, the Ukrainian National Patriotic Bloc of Lvov, uniting 53 parties and public organizations, issued a declaration August 9 supporting the Ukrainian State Committee on Television and Radio Broadcasting. The switching of Moscow programmes to another channel is a forced measure and a warning to the Russian mass media, says the document.

    “After Ukraine proclaimed its independence, the mass media of Russia started an anti-Ukrainian campaign. Russian television provides false information on the foreign and domestic policy of our country, interfering with our domestic affairs,” says the declaration. The Ukrainian National Patriotic Bloc of Lvov region called the funding of Russian television transmission from local budgets by oblast councils of some regions anti-nationalistic.

    Activists belonging to democratic forces in Nikolayev in south Ukraine on August 15 picketed the state regional administration. The numerous participants in the action called for the redirection of funds used to finance the relay of Russian Public Television ORT to meet the region’s social needs, such as health care, education, pay for medical personnel and teachers, help for the needy and the eradication of cholera.

    The pickets backed the reallocation of ORT’s channel by the State Television and Radio Broadcasting Committee of Ukraine.

    According to an ORT report, advocates of the channel’s restoration in Nikolayev who organized picketing of the regional television and radio company’s premises “have got their way. In any case, the relay of ORT in Nikolayev has once again been put back on the channel which is available to the majority of viewers. The length of time that channel one ORT closes down has been reduced to a minimum, not more than half an hour each day. At the moment, the regional authorities in Nikolayev are seeking funds to pay for a full-scale relay of ORT.”