Post-Soviet Media Law & Policy Newsletter


Issue 24-25     Benjamin N. Cardozo School of Law     January 31, 1996 

Slovak Warnings Against Radio Free Europe Reflect a Wider
Concern over Liberty of Media

    The chairman of the the Radio and TV Broadcasting Council, Peter Juras, has warned Radio Free Europe (RFE) that it has failed to adhere to the conditions of its license. The council surveyed an RFE news program, which it accused of “negativity” in its treatment of the Slovak state. Juras stated that unless steps were taken to address what the Broadcasting Council regarded as RFE’s shortcomings, the station could lose its licence.

1.  Summary—editorial prepared by the Summary of World Broadcasts group of the BBC

    The US- funded broadcaster Radio Free Europe (RFE) has been given a stern warning by Slovakia’s regulatory body, the Radio and TV Broadcasting Council, which has threatened to revoke the station’s licence to be rebroadcast in the country if it does not alter its programme content and style.
    This latest warning follows a decision by the broadcasting council last August that RFE’s licence would be renewed, but only until the end of 1996. This contrasted with the council’s decision on the BBC, whose licence was renewed for a further six years.
    The sensitive question of the degree of media freedom in the country has thus once again raised its head.
    It is ironic that RFE, entirely a product of the Cold War and one whose continued existence remains under threat in a world lacking its former bipolar division, should in 1996 be described as “an ideological tool in the hands of interest groups in the USA against an independent Slovakia.”  The chairman of the broadcasting council went on to criticize RFE’s Slovak service for basing its programmes on “negativism” and “envy,” and said its listeners “must regularly succumb to pessimism and hopelessness.”
    Quite apart from the fact that that is surely a matter for the listeners to decide, the language used is itself worrying, conjuring up as it does an image of tense ideological stand- off and a government striving to protect its people from the poison of enemy propaganda.
    Equally reminiscent of past methods was the way the state news agency TASR and the pro-government Association of Slovak Journalists (ZSN) reacted to the council’s statement by putting out one of their own expressing wholehearted agreement. TASR confidently labelled RFE’s programming “unbalanced and non- objective” and said it was “obviously performing the propaganda purposes of certain political circles not leaning favourably towards the current government and Slovakia.”  The ZSN accused RFE of spreading “one- sided, unobjective information and violating the principles of journalistic ethics.”
    A lone voice in support of RFE was Slovakia’s other main media union, the pro- opposition Syndicate of Slovak Journalists. It came to the conclusion that RFE was not the real issue and that the broadcasting council’s warning was meant as a shot across the bows of the independent opposition media. The independent journalists’ reasoning was that given that the Slovak authorities had no hope of completely silencing RFE’s Slovak service, which is funded from the USA, based in Prague and has access to Czech transmitters, the move was designed to warn Slovakia’s independent radio and TV stations that their licences were in danger if their programming failed to meet certain criteria. These stations are well aware that they will not be in RFE’ s fortunate position of having another country from which to broadcast.
    It must be noted to TASR’s credit that it did publish the opposition journalists’ statement expressing anxiety about the treatment of RFE.
    For Slovak journalists, various forms of direct and indirect pressure are part of everyday life. It proved difficult for many who were not favourably disposed towards the government of Prime Minister Vladimir Meciar to remain in their posts in state radio and television after these were placed firmly under the control of Meciar’s supporters. Several have found refuge in the many new private stations which have sprung up, but they face financial difficulties and the problem of functioning in a commercial environment where political allegiance plays an increasingly significant role.
    Specific concerns include:
    * A physical assault on a journalist working for the opposition newspaper Sme’ for, he believed, his coverage of the abduction of the son of Slovak President Michal Kovac to Austria last August and the suggestion that the Meciar government may have been implicated.
    * Other problems faced by Sme’ itself: two printing works in as many days refused to print the paper for no explicable reason. The refusals were, unsurprisingly, followed by allegations that they were prompted by “orders from above.”
    * A radio journalist was sacked after he interviewed an opposition politician, an incident highlighted last November by the International Helsinki Federation of Human Rights, which noted that the opposition already received “too little space” in the electronic media.
    * The recent passage of a law restricting the media’s use of languages other than Slovak. There is particular concern for the effect this may have for the country’s substantial Hungarian- speaking minority.
    Given the polarization of the domestic news media, there is clearly a role for foreign broadcasts governed by objectivity and journalistic professionalism. While RFE should in no way actively seek to disparage Slovakia or its government, it would clearly be serving no useful purpose if it failed to ruffle any feathers. Although it is on the decline, research in 1995 showed that it still had the largest audience of any foreign broadcaster to Slovakia, with seven per cent of the population listening regularly.
    We await with interest the broadcasting council’s final verdict on RFE, but suspect that whatever the outcome the strongly- worded criticism is likely to have enhanced RFE’s reputation among its Slovak listeners, who—after all—should be the ones to make their own decision as to whether they think the people whose programmes they are listening to are pawns in a sinister anti-Slovak ideological struggle.
    A boost to its audience figures may be just what RFE needs given that the US Congress is increasingly reluctant to subsidize it and attempts to privatize individual language services have met with mixed results: financial difficulties forced the Polish service to cease broadcasting at the end of 1995, while the Czech operation, now known as RSE Inc, has gone into partnership with Czech state radio in a new venture called Czech Radio 6- Free Europe.
    Back in Slovakia, the debate about media freedom can be expected to hot up in the run- up to the passing of an as yet undefined media law which Prime Minister Meciar has declared a priority for the coming year.

CTK Account of Slovak Council Action

    The following is the text of a report on January 10 by the Czech news agency CTK:
    Radio Free Europe (RFE) could lose its licence to broadcast to Slovakia, since it has not been keeping to the conditions set when the licence was granted, the chairman of the Slovak Broadcasting Council told journalists today.
    Peter Juras recalled that these conditions were “objectivity, impartiality and a reassuring tone,” and that the Slovak service at RFE had agreed to abide by them. He said that RFE management had been alerted to the matter and that if it did not take steps to put things right, the licence could be revoked. “The question arises as to whether the Slovak service of RFE is not an ideological tool in the hands of interest groups in the USA against an independent Slovakia,” he added.
    According to a survey carried out by the Broadcasting Council of RFE’ s “Aktuality, Souvislosti, Argumenty” news programme in November and December, the programme is based not only on defending the views of the opposition against the government, but also on “negativism, envy” and an extremely negative evaluation of the sovereign Slovak state generally.
    “The station’s listeners must regularly succumb to pessimism and hopelessness,” Juras said, adding that the programme monitored had not run one positive item about Slovakia throughout the period it was being studied. Instead it had criticized the people who appeared before the Slovak parliament building to support the approval of the law on the official language in December. Describing them as “ feeble- minded people,” it said that the Matica Slovenska patriotic association which promoted the law was a club for former secret policemen, communists and careerists, and ironically nicknamed Premier Vladimir Meciar “Molodyets”, a Russian expression meaning “well done.”
    Juras said the RFE Slovak service was also unsparing of the Slovak opposition, pointing to a report on how the Democratic Left Party (SDL) and Democratic Union (DEU) had voted for the Language Law which was then signed by President Michal Kovac, which said the parties had “pushed the president into a corner.”
    The Broadcasting Council was filled with Meciar supporters shortly after his election victory in 1994. The previous Meciar government also had a tense relationship with RFE.

2.  Text of report by the Slovak news agency TASR, January 11:

    Through its news wire service the Slovak press agency TASR is also monitoring Slovak broadcasts of the Radio Free Europe (RFE).
    We can therefore competently confirm the objections raised by the Council for Radio and Television Broadcasting (RRTV) in its resolution from Tuesday 9th January, said Dusan Kleiman, director- general of the Slovakia press agency TASR, on Thursday 11th January.
    The news reporting presented by this radio station is unbalanced and non- objective. It is almost entirely dominated by critical and negative material. This way of informing the public diverges from the nature of a mass media institution, which RFE makes itself out to be, as it is obviously performing the propaganda purposes of certain political circles not leaning favourably towards the current government and Slovakia TASR, emphasized Kleiman.
    Nor can Slovakia leadership therefore associate itself with the position of the Syndicate of Slovak Journalists that is shifting the whole issue of the RRTV resolution from a factual to a political platform. There are a number of newspapers and radio stations that are, too, not leaning towards current government policies but are bringing balanced and objective information about its activities and Slovakia’s political reality. RRTV demands nothing else but the same thing from RFE.
    The claims on attempts to silence this station blur the real subject matter of the issue, and divert attention from breaking principles of journalistic ethics by editors of this station under the guise of freedom of expression, concludes Kleiman.

3.  SSN journalists’ union anxious about “attempts to silence RFE (Report of TASR, January 10):

    The SSN said that the energy put into finding arguments for stopping RFE—from the Slovak government in the past and now from the Slovak TV and Radio Broadcasting Council—was “appalling.”
    According to the report, the SSN was convinced that RFE was not at issue here, because stopping its broadcasts was not technically feasible because it operates from studios in Prague and, in part, transmitters in the Czech Republic. The SSN did not believe either that the US Congress would jeopardize the funding of RFE. What was at issue, according to the SSN, was the intimidation of the independent Slovak mass media, which could, on the basis of a similar council ruling, encounter difficulties too.
    The SSN did not agree that the revocation of a licence should only be decided on the political grounds laid down by the council.

4.   ZSN statement:

    On January 11, the board of the Association of Slovak Journalists (ZSN) issued a statement in which it says it “has fully endorsed the assessment of the Radio Free Europe (RFE) broadcast presented on behalf of the Council for Radio and Television Broadcasting by its chairman Peter Juras.
    “The association has long regarded RFE broadcasting as unprofessional from a journalistic perspective, and utterly unobjective. The RFE’s distorted and deliberately negatively- oriented news reporting about Slovakia flies in the face of the basic principles of journalistic ethics and goals, according to ZSN. The association repudiates the position of the Syndicate of Slovak Journalists that seeks to politicize the whole affair by disguising the subject matter of the issue and disregards well-  known facts.”
    “No responsible journalist honouring the good faith of a community cannot afford to purposely mistake freedom of expression and journalism for consciously misleading the community by spreading one- sided, unobjective information and violating the principles of journalistic ethics as practiced by RFE.”

5.  Text of commentary by the Czech newspaper Mlada Fronta Dnes’ (January 13)

    Radio Free Europe’s RFE Slovak service is again the centre of attention. Last year, the Slovak Council for Radio and Television Broadcasting considered not granting a licence to RFE. Then on Wednesday 10th January it made a direct threat to withdraw the licence.
    The reasons cited by the council are not only sad proof of the state of mind of the Slovak ruling clique, but are a major disgrace to the whole country.
    RFE is not an ordinary station and this fact holds especially true in the countries that—just a few years ago—were bending under the yoke of a Communist regime. It is almost unbelievable how much the current criticism—if not downright hatred—expressed by the council’s members about RFE resembles the statements of the Communist bosses. Apparently, the station’s editors are spreading despair throughout Slovakia, showing contempt for Slovak statehood and evoking a pessimistic atmosphere.
    What else is there to add? Prior to November 1989, according to the official ideology, RFE cast aspersions on the socialist system, caused distress among the population, spread fear and told people fairy tales about the capitalist paradise.
    Many more similarities could be found, but it is more important to highlight one fundamental difference. At that time, RFE’s broadcasts were jammed; at times, it could not be heard at all. Following the collapse of Communism, however, their signal became clear and the station soon acquired a prestigious reputation in each post-Communist country.
    Nevertheless, differentiation came in tandem with this. It wasn’t long before there were countries where RFE ceased to appeal to the official circles. It is probably not just coincidence that these were the countries where the Communists had retreated only nominally—in other words, had merely founded parties with different names—and thus, right from the start, they destroyed the green shoots of a democratic political culture.
    It is a sad fact that Slovakia is a country where such tendencies have prevailed, and where the topic of withdrawing RFE’s licence is even being discussed seriously. It should be stressed that Slovakia is the only country where RFE is being talked about in these terms: in some of the countries of the former Soviet Union the station has attracted bitter invectives, but there has been no talk about revoking its licence. The reason is as plain as day: RFE’s broadcasts cannot be terminated by taking away its licence and the instigators of this are merely made to look ridiculous by their talk of it.
    RFE or its individual national editorial offices can only be abolished by the US Congress, which has already done so in several cases. The Polish, Hungarian and, partly, the Czech editorial offices were closed down mainly because the United States came to the conclusion that RFE’s mission in these countries had been fulfilled. But, RFE will continue to broadcast in countries where the US Congress deems it necessary, even if the local ruling circles were to strongly disagree.
    So, in the final analysis, the Slovak attacks on this station are—from the point of view of their initiators—counterproductive, and their only repercussion is major international disgrace.



Hungary Finally Gets Media Law

    President Goncz has signed into law the Hungarian media law that has caused heads to roll, citizens to march in the streets and experts to pile provision on top of provision.  The Hungarian parliament approved the complex media bill with more than 90 per cent of the votes in favor.
    In addition to the government parties the Hungarian Socialist Party and the Alliance of Free Democrats, the Hungarian Democratic Forum and the Federation of Young Democrats-Hungarian Civic Party voted for the bill. The Independent Smallholders Party rejected the bill while the Christian Democratic People’s Party was divided in the vote.
    Under the law, the second channel of state-owned Hungarian Television, as well as Radio Danubius, will be privatized and the public service radio and television stations, and Duna television a satellite station, will function as joint-stock companies run by public foundations and led by boards of trustees which are to ensure the public interest.
    The law establishes the National Radio and Television Body, which will operate under direct parliamentary supervision. Its task is to protect freedom of speech, coordinate the work of certain media market participants, and to decide about free competitions for radio and television frequencies.
    The law also sets up the Hungarian Television Public Foundation, the Hungarian Radio Public Foundation, and transforms the  Hungaria Television Foundation, which exercised the ownership rights of the satellite Duna Television, into a public foundation. These three foundations will, in theory, establish the clear-cut financing of these institutions, and will seek to eliminate dependency on the budget and the prevailing governments, with the hope of eliminating the possibility of political interference. The public foundations will be managed by respective boards.
    Under the law, Hungarian Radio and Hungarian Television will be transformed into joint-stock companies (Duna Television operates as such at present).
    Prior to passage, at a December 16 meeting at the Konrad Adenauer Foundation, representatives of the Hungarian Journalists’ Union (HJU), the Community of Hungarian Journalists (CHJ) and the Federation of Hungarian Catholic Journalists (FHCJ) made their last objections.  Many argued argued that the radio and television bill was politically over- regulated, professionally imperfect and financially unviable.
    According to the conservative CHJ, the six-party agreement on the bill was a product of general dissatisfaction with both state-run Hungarian Radio and Hungarian Television.  The liberal HJU was of the view that while the law contains too many and too comples safeguards, even a bad law is better than the absence of a law. With this law, the union argued, the governing coalition has renounced the use of force. This may mean that the electronic media will never be expropriated by any political force.  The FHCJ criticized the bill for specifying what it terms a too low limit for the broadcasting of Hungarian-made programmes.



Central European Media Enterprises:  Some Recent News

    Because it is such an interesting private player in the post- Soviet regions, we follow the growth of CME, the American media group headed by cosmetic magnate Ronald Lauder, including press releases that it issues and accounts about it that occur in the Central and European press.  Here are several items:

1.  Concentration charges in the Czech Republic:  In November, Euromarketing, a publication of Crain Communications, reported that the Czech Radio and Television Broadcasting Council announced it was blocking attempts by CME to extend its radio/TV interests in the Czech Republic.  The following is taken from the Euromarketing Report:
    The Czech council said that it stopped CME, the majority shareholder in TV Nova, from gaining a foothold in the Czech radio market by rejecting CME’s request to buy 28 % of Radio Nova Alfa.     Council spokeswoman Marina Landova said the council rejected the application because “it is not acceptable from the point of view of concentration of media and cross-ownership of media.”
    CME announced its intention to buy the station in December, 1994, and when the council declined to approve the sale. CME appealed and the council agreed to reconsider its decision. During this period, CME lent $1.6m to Radio Nova Alfa and helped hire new staff. The radio station, previously known only as ‘Radio Alfa,’ used the funding to transform both its name and image.
    “We told CME that if they loaned money to the station it was at their own risk. Now, the Ministry of Anti-Monopoly Activities has decided the sale is not acceptable,” Landova says.
    The council also struck a blow at Radio Nova by fining the station’s owner, the Kaskola company, $38,000 for not adhering to the conditions under which it gained the licence. Kaskola was originally awarded a licence to set up a news-orientated station based on the Radio Free Europe model, Landova explains. “The licence of Radio Alfa is a licence for news radio and at the moment it’s a music radio station.” Kaskola plans to appeal against the fine in court.
    Vladimir Zelezny, managing director of TV Nova, comments, “My guess is that it’s the first attempt to apply some anti-monopoly or anti-trust policy, but it was not applied against any other (company), so we think it’s the price of success. TV Nova is so successful that of course (the council’s decision) can be taken as an exemplary punishment for the success. There are other ways to convert (the ownership) and (they are) strictly legal. CME tried the most straightforward way, but of course there are some others which are provided by Czech law and which can be easily used.”

2.  Text of report by the Czech news agency CTK on January 19:

    The Czech Nova commercial television station, owned by the US Central European Media Enterprises (CEME) company, earns millions of dollars but for the prize of distorting the culture of a nation devastated already by communism, today’s issue of the daily Prace’ writes.
    Jan Culik, a professor of Czech studies at Glasgow University, writes in the daily that the establishment of Nova in February 1994 was by far the most successful appearance of a new television station in the world history. Referring to an article published by the British Financial Times’ on January 15, he writes that Nova earned nearly 20m dollars in the first part of 1995.
    The CEME, which already owns several television stations in the post-communist Europe, including Slovenia and Romania, is going to get licences for broadcasting in Poland and Ukraine. If it gets them, it may broadcast for more than 100m viewers in the post-communist countries by 2000 and earn up to 2-3bn dollars from advertisements annually. But what shall it do to the people’s culture, Culik asks?
    In 1994 the volume of television advertisements in the Czech Republic reached 96m dollars. Nova rules about 70 per cent of the advertisement market, Culik adds.
    Culik quotes the Financial Times’as saying that Nova is a very effective money machine. Thanks to its commercial success, the CEME managed to penetrate to the American Nasdaq capital market and gained 168m dollars of investments for its activities in the post-communist Europe. It is clear that such astronomical sums can easily compete with the Czech public television, Culik writes.
    Though earning millions of dollars, Nova probably violates its licence, Culik writes, referring to a recent issue of the weekly Respekt’.
    In response to a journalist’s statement that Nova “broke the law by a change of licence promises,” a spokeswoman for the Television Broadcasting Council was cited in Respekt’ as saying “We cannot do anything about it. We cannot take the licence from them. Can you imagine what it would mean?”
    Culik goes on to say that Czech viewers should demand from Nova high-quality and professional reporting, which would fight Czech isolationism, a balance between entertainment and politically independent television journalism and an effort to maintain certain ethnic and cultural standards, not spread vulgar speech.

3.  Romanian Venture Announcement

    CME and its local partner in Romania, Media Pro International (MPI) announced in mid-December that they have selected Scientific-Atlanta, Inc.’s  PowerVu(TM) digital video compression system to expand its efforts to develop commercial television in Romania.  Called PRO TV, the Romanian programmer is establishing the first nationwide commercial television network in the country.
    In its press release, CME said that PRO TV’s television programming will be distributed using a Scientific-Atlanta digital video compression system and a 4.5-meter satellite earth station antenna near Bucharest for transmission/reception.  CME plans to install Scientific-Atlanta’s MPEG-based (Moving Pictures Experts Group) compression equipment in December and follow that with the installation of the company’s PowerVu digital compression system in early 1996.
    CME plans to use approximately 100 Scientific-Atlanta digital satellite receivers across Romania for reception of PRO TV’s programming.  During the past year, the company has been obtaining program rights for Romania and other countries and currently controls the rights to 600 film titles and its acquisitions include such U.S. series as “ER,” “The X Files,” and “NYPD Blue.”
    According to the company’s press release, Media Pro International is the largest media group in Romania, currently holding several regional television licenses and four radio stations in Romania.
    “We tested the Scientific-Atlanta equipment in London at Maxat, France Telecom’s subsidiary, and were very impressed by the performance,” said Len Fertig, President and CEO of CME.  “Digital video compression will enable us to deliver a wide variety of programming to cable headends in Romania in a cost effective manner.”
    “PRO TV’s digital video compression network will play an important role in enhancing the delivery of additional programming in Romania,” said Dwight Duke, president of the satellite television networks division at Scientific-Atlanta.  “We are eager to help areas, such as Central Europe, as they establish a television network infrastructure to provide entertainment options for their citizens.” The PowerVu system uses MPEG 2- and DVB-compliant (Digital Video Broadcast) digital video compression to increase the amount of programming a satellite transponder can handle and, according to CME, opens the doorway to a new era of enhanced television options for direct-to-home networks, broadcasting, program distribution, and business television applications.  CME will use transponder space leased from France Telecom on the EUTELSAT II F1 satellite.
    CME celebrated the launch of its partnership by announcing that Pro TV was watched by 50 percent of all TV homes receiving its programming in the first weekend of operation, according to the independent media research agency Data Media.
    According to CME, twice as many viewers in the Bucharest area tuned into PRO TV as the next most popular television choice, the state-owned channel TVR1.
    In the central Bucharest area, three quarters of a million viewers tuned to PRO TV although the new service is still in the process of extending the reach of its broadcast signal. By comparison, TVR1, which enjoys almost universal coverage, was seen by only half of its potential viewing audience.

   For further information, contact Gerry Buckland Tel: +44 (0)181 882 0499 or Eugene Secunda Tel: +44 (0)+1 212 777 3841; both are associated with CME.