Post-Soviet Media Law & Policy Newsletter


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

Ave Poltoranin: Sweeping Press Conference on State Support for Media

    Mikhail Nikiforovich Poltoranin, former Press Minister and more recently Chairman of the State Duma Committee for Information Policy and Communications, lost his Duma seat in the December elections. In a news conference on November 27, Poltoranin, long a vocal advocate of state economic support for the mass media, spoke about two new statutes which became effective on January 1, 1996: “On State Support for the Mass Media and Book Publishing in the Russian Federation,” and “On Economic Support to District (City) Newspapers.” The statutes establish a range of taxation, foreign currency retention, and customs privileges for mass media outlets, including exemptions from payment of import duties on paper and audiovisual equipment, as well as a system of state grants for certain types of broadcast programming.
    Moderator:     Today we have our regular meeting of the Press Club. Our guest is Mikhail Nikiforovich Poltoranin, chairman of the State Duma Committee for Information Policy and Communications.  Recalling the struggle that was conducted for two and a half years for the adoption of the law on state support for the mass media and book publication in the Russian Federation, there is no doubt that Mikhail Nikiforovich was the man who made a tremendous contribution to the drafting of that law. He also did much to ensure that the law was adopted and signed. . . .The event that has happened and which, in my view, has not been properly yet appraised by all, the importance of the adoption of this decision for the mass media, for the creation of a normal civilized market for the media, this fact still requires analysis. It is also necessary for the organization of journalists, for the community of journalists to think about this event. You see, this law requires that we reorganize our work. Without giving up the struggle for the market, the press should now move on in its development, move on to working out relationships with those who give us work, with the managements of our publications which will get economic benefits, which will get the possibility to work normally, in a civilized manner without having to worry about where will they get the money needed for this. Professional problems are now coming to the fore, rather than the search for sources of financing. I am now giving the floor to Mikhail Nikiforovich.
    Poltoranin:     . . . [I]n order for this law [ed. note—the Statute on State Support to the Mass Media and Book Publishing] to begin working—it costs R1.5 trillion. This money has not been included in the budget. We submitted amendments to the law on the federal budget to include this amount, but there are disagreements over the sources of funding. We suggested raising this money by reducing the funding of administrative structures because they devour huge sums, by using the benefits of the agreements on disarmaments and on the elimination of weapons—that’s about R1 trillion—but there is no money in the budget for this. Since there is no money in the budget, naturally, our task is to help the government and the President find sources of funding.  What depends on the government today is that customs services, and the law will become operational soon, the Finance Ministry, the Ministry of Economics, the Committee for State Property receive timely instructions to provide the necessary conditions for a normal operation of this law.
    The second law which has been signed by the President is a law on economic support for district and city newspapers. We have given the most favored nation treatment regime to all the mass media. We did this by the law on state support. We have given newspapers, magazines a possibility to cut their production costs. We have also made it possible to reduce the cost of production of copy books, various stationary as well as books. Books, of course, are associated with education, science and culture.  I believe that by means of this law we will now start a boom in the creation of independent television and radio companies.
    Just as the law on the press exploded the situation and we got as a result a mass of independent newspapers and magazines, similarly after this law, after it goes into operation we will have a mushrooming of independent television and radio companies. Why? Because, firstly, of the abolition of all taxes. But most important, because today it is possible to buy audio and video equipment, to buy all the necessary equipment manufactured throughout the world without customs duties.
    Those who are in this business realize how important this is. You also know that with the help of this law we will put pressure on our monopolists. I mean the monopolists in the paper industry. They were scaling down the production of paper all the time and jacking up prices. Today, and I will not repeat the statistics because you all know them, today when our paper on our domestic market costs three times more than the world average price, today people will start looking for purchases of paper in Finland, Austria, China, I believe, Siberia will start buying paper in China, and our monopolists will face the problem of growing unsold stocks of paper and as a result of this, to avoid bankruptcy, they will be forced to push down their prices. Thereby we will get a result that we need. This applies to the whole of the mass media.  But there are media outlets in our country that are on the verge of disappearance. These are the district newspapers and newspapers in small towns. I have travelled recently and seen things for myself. First of all, they are perishing economically, secondly, very serious administrative pressure is put on them. Whereas in Moscow there are numerous newspapers and many television companies and when somebody is hurt, it is possible to unite and to protect one another. But when there is just one small newspaper in a district and when the head of the district administration, when all the local authorities start putting pressure on the editor of this newspaper, there is simply nobody there to give him a helping shoulder.
    That is why, being aware of this situation, we incorporated the following key principle in the law. This is the principle according to which district and city newspapers are financed out of the federal budget. Thereby these district and city newspapers get economic independence. Also, in the draft charters . . . The draft charters have now been sent out to all the regions. Well, in these draft charters we included the following norm, I mean the charters of local self-government, the norm that the editor-in-chief of a local newspaper financed out of the federal budget, that this editor should be elected just as the head of the local administration.
    I think that this will also depend on the presidential structures, on the presidential administration to ensure the preservation and approval of this norm. Then it will come out that the editor of the district newspaper will be independent both politically and economically. Thereby we are creating the vertical of the fourth estate. Of the independent fourth estate, starting with the districts and ending with the squares in Moscow. I am grateful that these laws were adopted.
    I am particularly grateful to Nikolai Nikolayevich Gonchar, the committee chairman, who understood the essence of these laws. He understood this after we had discussions with him, he understood that these were fundamental principles for the creation of the mainstays of democracy in our country. He understood that if we gave the peasants, that is, journalists, freedom, that we did this by the law on the press, but did not give them land, that is, we did not give them economic independence, he understood that the abolition of serfdom without this was fruitless.
    Today, with this law, the peasants, that is, we journalists, also got land. Now everything will depend on us, now our own survival and our own work are in our own hands. If this law involving state support costs 1.5 trillion, the law on district newspapers costs 350 billion rubles. The President has signed it but, although we warned that we will manage to get this law adopted, we warned the government officials that contrary to their expectations we would railroad through this law, we warned them that we would succeed and that it was their job to find the necessary funding of these laws. We told them that if the laws would not be adopted this money could be put to other use. But, despite all these warnings, the government officials did nothing. All that we encountered from government officials and government structures was only resistance to these laws.
    Today we will have to get together again and start looking for the necessary sources of funding. We will do this regardless of what government structures want or not. We will do this. . . .
    In this connection, speaking of financing our laws, I would like to note the following for you. We studied the concept of state informational policy in Russia, conducted parliamentary hearings, we extended an arm of mutual understanding both to the presidential administration and to the government, inviting them to a joint solution of these problems. We should not have a situation in which the various branches of power would be able to tailor something exclusively to suit their needs.
    This would leave us only with the ruins of Ostankino or some other of our structures. We should know what we want and where we are heading. And in this connection I would like to say that back in 1994 when the creation of the ORT was being planned I warned the President and Chernomyrdin and Boris Berezovsky that their plan and the promise given by Berezovsky and other bankers to the effect that they were capable of financing Channel I, these promises were untenable.
    Because people did not do their sums properly, they listened to some ill thought out advice and embarked on an adventure. And it is now becoming clear that it was an adventure. This accounts for Blagovolin’s letter to Chubais asking the government to introduce an amendment in the 1996 budget to allocate the ORT 350 billion rubles for 1996.
    I understand that ORT needs money, I understand that the Channel has to function, but it will lead to no good if some people think up of ideas and other people think up of other ideas. So all the representatives of the authorities and the Union of Journalists and the prominent journalists should sit down together where we can pinch and save and where we will have to seek financing.
    Once again I congratulate you on the adoption of our main law On State Support for the Mass Media and Book Publication. Let me repeat that the wave that was provoked immediately after it was adopted, when the government started to pull the blanket towards its own side, this will be to no good. We should just sit down and see how to make this law work.
    But for that all the leverage that is in this law and the other laws we have adopted will have to be pressed into service.

Q:     I have two questions, but they are all about the substance of these laws. First, I represent a regional paper, the newspaper Avangard published in Saratov. It’s a large industrial region, about 50 million people. It has been financed by large factory. What about the fate of other regional papers? A similar newspaper is Vspolye, published in Vladimir, also sponsored by a tractor plant which is now at a standstill. How are these papers financed?
Poltoranin:     You will get together in your city, representatives of the public and the officials and enter the paper in the federal register. The federal register begins to be compiled in the regions, then it comes to the central government, to Roskompechat and then the federal register is approved by the State Duma.
    It is not revised, the Duma does not look at every paper, but Parliament has to be in the know what sort of paper it is. There are few districts which have many local papers. There are by contrast many papers in the oblast centers. For example, 30 papers are published in Omsk and some of these papers have colossal circulation. There are some papers which have a circulation of 230,000, 180,000 and so on. But in the districts there are one or two papers.
    But one paper has to be chosen by the local community for inclusion in the federal register so that this paper should not be the paper of some particular party, that it should represent the interests of the whole district.
Q:     What is your Committee’s view of the current election campaign on television and in the press? Last week the Duma introduced amendments to the law on television and radio broadcasting. Television journalists are a bit worried that this may signify a return of monopoly to the coverage of parliamentary affairs.
Poltoranin:     The television marathon, the election marathon . . . It was interesting to observe it from below. When I was in Siberia . . . When you watch this campaigning on television here in Moscow, it is one thing. When you watch it there, you get a different impression. You see, you go to enterprises and meet with people all day and in the evening you come to your hotel, turn on the television and you are exposed to a barrage.
    But whatever you may say Moscow is disseminating inferior culture throughout Russia, which is a matter for great regret. Sometimes the low level of culture is blamed on the mass media. But politicians themselves fail to set a good example. The culture of political discourse, the culture of debates on television is deteriorating. If you compare the debates in 1989 when we were running for the Supreme Soviet of the USSR and the debates in 1990 when the Supreme Soviet of Russia or the Congress of People’s Deputies of Russia were elected.
    Of course, in those days we still were wedded to old habits, but in any case the debates were more orderly. There was more decency. Today it is a free for all. I don’t have to tell you who does it and how.  Now about the amendment. In my absence two laws have come out. The law On Television which comes out against its privatization, and the amendment.  As far as I know when we were drafting the amendment it was not concerned with the substance of your question. I don’t know what the final amendment is.
    But our amendment said that the ORT—because the Russian government is one of its co-founders– should be regarded as a television channel with the participation of the state. That is, if it organizes TV debates. This was our amendment, but I don’t know which amendment was  adopted.
  Q: (inaudible)
 Poltoranin: The outlays for Rossiiskaya Gazeta and Rossiiskiye Vesti are—as far as I know the government has also approved a women’s magazine for RIA Novosti. A government magazine. I am told that Shumeiko is seeking to establish his own paper, a paper of the Federation Council. It has already been approved. All this will siphon off money.  Support of periodicals . . . state support of periodicals founded by the bodies of executive and legislative power—47,059,000,000. The bottomline is that there will be two papers, Rossiiskaya Gazeta and Rossiiskiye Vesti.
    Government support of district and city papers will cost 279,815,000,000. I repeat that 500 billion have been earmarked for school textbooks. And financial resources have yet to be found for the implementation of the law On Support of Mass Media and Book Publishing. But if the floodgates are opened, the customs tariffs, the state will not have to spend anything. If taxes are abolished, then taxes on profits and VAT will be abolished and the state will not lose much because there are few papers which make a profit in Russia today.
    The state will only lose because the newspapers, Russian radio and television will pay the communications and utilities rates according to standards set for cultural institutions. And that is much less than you are paying now.
Poltoranin:     To begin with there were just 270 deputies present. It is very difficult to overcome veto because in order to do that you have to agree with the factions in advance to send in their representatives. But in general it’s a pity we have failed to overcome the veto because the law should be adopted in company with the law On State Support for the Mass Media.
    Why? Because at present when we offer preferential treatment to independent television and radio companies the licensing officials will be throwing spanners in the works. Officials don’t want to see many independent mass media. And under the law on television and radio broadcasting licensing ceases to be in the hands of the officials and is handed over to the federal commission. And the federal commission has its regional branches and the people in the federal commission are mostly independent representatives. That is why this law is so fiercely debated.
Q:     Can you tell us how many papers exist in Russia now? How many papers were shut down during the four years?
Poltoranin:     I always want to have substantive dialog. That is I would like the journalists to read the laws that we adopt. When I read in the newspaper Izvestia, for example, that Poltoranin is pushing through the law on state support of the mass media and publication in order to influence these papers I am simply amazed. I think to myself, “what the hell, why don’t you read the law?” It does not have as much as a hint.
    We specifically renounce subsidies of papers and we provide equal economic conditions for everyone.” It does not matter if you are leftist or rightist, it does not matter if you support Moslems or do not support them, it does not matter if you are Russian Orthodox or you are not Russian Orthodox, everybody has a similar status, everybody has equal conditions, everybody equally is freed of taxes, everybody is equally freed of customs duties, and so on.  The only thing we failed to get through the conciliation commission was the unlimited nature of the law.
    We wanted all these benefits regarding taxes, customs duties and so on to be unlimited in their duration but the commission decided to introduce this for a period of three years. I believe you know about this. We agreed to this because we think that it is good to have this for at least three years and then, so to say, we will see.
    Prolonging the law will be, hopefully, a matter of technique. This will be the more easier because the conditions of our life will worsen, something that I have no doubts about. Even the novelties that we are introducing will not be enough for some media outlets to survive.  In the course of the previous year and in the course of this year, I do not remember the exact figures, some 10,000 newspapers perished in Russia. But, on the other hand, many new newspapers have come into being. Some are vanishing and new ones are appearing.
    I expect problems. Journalists will be held to blame for everything. You see, one may find loopholes in these laws. We are doing everything to keep these loopholes as narrow as possible, narrow enough to prevent a cockroach from slipping through, but loopholes do exist. Using the law, for instance, it is possible to set up a newspaper. This newspaper will not be printed but it will be used as a cover for the creation of a company that could operate using the benefits provided to the newspaper.
    This should be prevented by the tax inspectorate. But I assure you that all journalists, people working in the press can with the help of this law buy foreign cars abroad and not pay customs duties, as is the case today. It will be possible to buy a Mercedes or a Volvo for the newspaper or magazine because, even if we have a circulation of only 200 copies, you can say that the cars are necessary for purposes of delivery.
Q:     You said that the editor-in-chief of a district newspaper should be elected just as the head of the local administration. Who will be the voters?
Poltaranin:     I am grateful to God that here in Russia we already have democracy, though, admittedly, a much criticized one. Who will be the voters? The people. In short, elections are held in a district, local government elections. And elected at them, among others, is the editor-in-chief of the district paper. This will be a contested vote, there will be several candidates. In my opinion, this is a very serious matter and it will exert much influence on the local moral climate. 



Poptsov Gains Yeltsin Decree on Fourth Channel

    In the fall, there was some skirmishing between Igor Malashenko and Oleg Poptsov over the fate of the fourth channel.  It will be recalled that NTV shares the channel with a “Russian Universities” program which Malashenko considered unimportant and worth sacrificing so that NTV could obtain the full channel.  Poptsov, retaliating, indicated that the universities program should be fully revamped and the channel made more important for Russian culture (with a possible hint of expelling NTV).
    Now, Rossiskiya gazeta has published the text of a December 15 presidential directive which orders the implementation of a new program concept for Russian Universities TV which includes the introduction of sports.  The following is the text of report by the Russian newspaper Rossiyskaya Gazeta’:
    In accordance with the Russian Federation Presidential decree of 6th October 1995 “On Improving Television and Radio Broadcasting in the Russian Federation” and in order to implement the Russian Federation Presidential decree of July 6, 1995 “On Developing the Concept of Legal Reform in the Russian Federation” :
The presidential directive
    1. The All-Russia State Television and Radio Broadcasting Company VGRTK, the Russian Federal Service for Television and Radio Broadcasting FSTR, the Russian Federation Presidential Coordination Committee for Physical Culture and Sport and the Russian Federation Presidential State Legal Administration are to develop a new format, within one month, for Russian Universities TV educational station operated by VGTRK, which shares TV channel four with independent station NTV, the aim of which must be to provide informational, cultural, legal and other forms of public education and promote the mass physical culture movement and sport in the Russian Federation.
    2. The Russian FSTR is to follow established procedure and make the necessary changes to the broadcasting licence and registration certificate of VGTRK as a medium of mass information, with a view to joint use of the Russian Universities TV channel and stipulating that the channel’s new-look programmes created in accordance with the first point of this directive be broadcast between 0230 and 1800 Moscow time and furthermore, that broadcasting begin no later than 1st July 1996.
    3. The Russian Federation government is to draw up and approve within one month a targeted federal programme providing for the development of the new direction to be taken by Russian Universities TV.
[Signed]  Russian Federation President B. Yeltsin

    On December 31, Anatoliy Lysenko, director-general of Russian Television operated by VGTRK, and Oleg Poptsov, VGTRK’s chair, commented on the directive, as reported in Rossiyskaya Gazeta’ 4 January 96 :

    “The analytical style is becoming increasingly popular on television: why something did not happen, why something is bad, why something is good,” Anatoliy Lysenko, director-general of Russian Television operated by VGTRK, said. “I would describe our plans as being to improve the channel. Without fear of seeming unpatriotic, I do not like what is happening on the channel at present. I direct this complaint primarily at ourselves. There is criticism of the service and also of socio-political programmes. There are broadcasts which are simply out of date and should be consigned to a museum. But this is always difficult, because behind these broadcasts are real people with real lives.”
   Q.     “Russian Universities TV remains under the wing of VGTRK. But there are rumours that it is going to be handed over to showbusiness entrepreneurs. Do you have any comment?”
    A.    “As you know,” Oleg Poptsov, chairman of VGTRK, said, “the Independent Television Company NTV, which shares channel four with Russian Universities TV appeared as a result of Ostankino giving up its share of channel four in the hope of getting 14m dollars for it. I do not know whether it was successful. We have always believed that the presence of a strong competitor, as a constant reminder of the need to change, can only be beneficial.
    “The Russian Federation president’s directive defines the concept of Russian Universities TV as the provision of informational, cultural, legal and other forms of public education and the promotion of the mass physical culture movement and sport. We intend to operate within this framework. You must remember that the Russian Universities TV channel does have an audience: students, senior-grade school pupils and, on holidays and at weekends, families. Music and entertainment programmes must appear. I have a dream of people becoming involved as family units again.     “I am convinced that studying foreign languages with the aid of television is absurd nowadays. That was how you got started in the past. Studying foreign languages has become a mass phenomenon these days, which is why it must take a different form on television: competitions, for example, that will be interesting to viewers.
    “The fact that some television programmes are successful still does not make the channel interesting. It must become different.
    “Rumours that the channel has been farmed out to someone are fairy tales. We have no intention of selling it. We will take the opportunity to attract investments, if any should appear, in order to develop the channel. This can only be for the good.”
 
    (Igor Malashenko’s comments on this subject are included in his interview directly following.)



Igor Malashenko Addresses Recent Election Coverage,
Success of  Communist Party and Relations with RTV

    This interview with the president of the independent TV station NTV was published in Argumenty i Fakty,’ on January 18.
    I believe that we tend to exaggerate greatly the role of television. This appears to be a reflex we have inherited from Soviet times. Back then, if we heard on television that such and such had made gross mistakes, we knew that tomorrow he would be dismissed from his job. Although now everybody understands that this is not so, at the subconscious level people continue to believe that what is said on television will materialize tomorrow. Well, we have to accept finally that this materialization of spirits does not happen.
    Q:      What about all this talk that television can make a person a deputy or a president?
    A:      No, of course it cannot. The most it can do is bring a certain initial capital in the form of name recognition, but not much more than that. Just as news programmes do not make the news, they only cover it, television does not create politicians. Yes, the coverage can benefit or cause harm, but in principle everything depends on the politicians themselves. Provided, of course, that television does its job honestly and professionally.
TV coverage of the elections
    Q:     Can you say this about television in the recent election campaign?
    A:     I can say that the campaign was conducted on television in a much more respectable form than two years ago. Although things did happen nevertheless which, in my view, should not have happened. Like the programming schedule being changed, albeit rarely, to insert something campaign-related. Or the country’s prime information programme beginning with a segment that “briefly”—for about eight and a half minutes—covered an insipid press conference on the subject of the three-year anniversary of Prime Minister Chernomyrdin’s government.
    By the way, I believe that the 10 per cent, no more, the NDR Chernomyrdin’s Our Home is Russia party won—partly as a result of the fact that the bloc behaved like they owned television—has demonstrated its very low effectiveness.
    Moreover, ads that were good from a television standpoint not only did not bring in votes but apparently actually proved counterproductive. In particular, Ivan Rybkin’s ads. They were good and funny, but I am afraid that the electorate did not particularly like being compared to ruminants, despite Ivan Petrovich putting himself in the same image.
    And third, naturally, we are very happy that a week before the elections we managed to hold small debates. Although the discussion was not always high in content, we proved that under certain circumstances politicians do not shy away from such a form of electoral competition and even behave in a respectable manner.
Communist election success threatens media freedom
    Q:     One way or another, the elections took place, and we are now dealing with the results. Tell me, is the NTV television company afraid of the communists?
    A:     What do you mean by “afraid” ? You should never be afraid of anything. But it will indeed be bad. There will be an offensive against freedom of speech and civil rights in Russia; economic reforms will be rolled back—all of this will happen.
    As for NTV, I can tell you only one thing: We will continue doing what we have been doing. Strive to cover as fully and professionally as possible everything that happens—first of all in our country. It is strange: When we speak of railways, for some reason everybody understands that trains can only run on rails. When we speak of television, however, people think that everything is permissible: kneading journalists like clay, sticking anything you want into information program. It does not happen this way—our business operates on the same strict principles as a railway, and they cannot change. We will continue. And if our society can no longer live without freedom of speech, if it cannot disregard the reaction of the outside world, we will survive.
    Q:     And what if it can?
    A:     Then anything could happen. Even without the communists. I spoke as far back as October about the offensive against the freedom of the mass media in Russia—in connection with shutting down some program on ORT Public Russian Television.
    Q:    Yes, but it looks like it has run aground. Perhaps, in keeping with tradition, we were saved from the enemy offensive by the Russian frost?
    A:     No. It is more like a respite. It was simply impossible to put on more pressure at the peak of the election campaign. Now they can do it again—more or less until April. Unfortunately, our conversations with members of the political elite, a certain pulse-taking of it show that this elite is in a virtual state of psychosis on the subject of the upcoming presidential elections. Already! I am horrified to think what the situation will be like later. Although, if they stay within the boundaries of the law, maybe nothing will happen. But we are talking about the law—and you and I live in Russia.
The pressures on NTV
    Q:     Igor Yevgenyevich, NTV has been in existence for more than two years, and all this time was either under pressure or feared it. Do you not think that this is turning into a phobia?
    A:     I do not know. Perhaps. This is called a siege mentality, which, of course, is a dangerous thing. But it is true that they do not let us relax.
    Here, do you know the latest reason why the higher-ups are seriously vexed with us? Somebody seriously did not like the fact that on New Year’s eve we had puppets in our program, including the puppet that, shall we say, bears a strong resemblance to the first person of state. We are being suspected again of shaking the foundations, and are hearing hints that draft documents already are being prepared that will put us in our proper place. This is simply absurd!
NTV’s relations with Russian Universities TV
    Q:     What about a draft document that will finally transfer the whole of Channel 4 to NTV—any hint of that?  NTV shares the use of “channel 4” with Russian Universities TV, operated by the All-Russia State TV and Radio Company, RTR.
    A:     You know, this is no joke at all. Everything we do in this direction, we do publicly. Including sending letters to the president asking him to consider such a possibility. As of now we have sent exactly two letters. We are trying to start a discussion, in an attempt to prevent a lobbied decision. We will not take the road of endlessly treading the corridors of the Kremlin and the White House, whispering in people’s ears. Instead, like Cato the Elder in ancient Rome, who concluded every speech with the words: “And by the way, Carthage must be destroyed,” I will not stop saying in every interview: “And by the way, Russian Universities’ uses Channel 4 inefficiently.”
    Q:     You are convinced that NTV will do it better?
    A:      I would not be talking about it otherwise. I would not be conducting negotiations with the head of RTR, Mr O. Poptsov, offering different options for cooperation. And Most-Group director Mr Gusinskiy NTV’s main financial backer would not be participating in these negotiations and providing all conceivable guarantees of financial support.  Mind you, in words Mr Poptsov warmly supports it every time, and then time passes and . . . .
    And on a practical level, “Russian Universities” continues to sign strange contracts with whoever comes along, who take channel time piecemeal, turning it into a strange quilt. While we sit and wait. Wait probably for the moment when sufficiently farsighted people come to power who realize that the expansion of NTV is in the interests of society and, if you wish, the stability of the state. Well, we will keep waiting—as they say, drop by drop.



Voronezh Governor Uses “Technicality” To Shut Down
TV Channels In Run Up To December Elections

    Between 6 and 9 December 1995, fifty television channels in the Voronezh region were under threat of closure and four commercial channels which serve the city were prevented from transmitting, after Vladimir Zhirinovsky’s election visit to the area was broadcast on a commercial channel.
    On a flying visit to Voronezh on December 3, V. Zhirinovsky gave a press conference to the local media in Voronezh airport, during which he criticized the mayor of the town, Mr. Tsapin, and the governor, Mr. A. Kovalyov.  Mr. Zhirinovsky had taken offense that not a single member of the local administration was at the airport to receive him and threatened to have them both thrown out of office and taken to court for misconduct.  Mr. Zhirinovsky asked his aide for the names of the town mayor and governor, saying; “I am a member of the State Duma and leader of the leading party in it.  The protocols have not been observed according to the requirements of a statesman’s visit.  This may be exactly what I would expect from provincials like Tsapin and Kovalyov, but I’m not going to stand for it.”
    Voronezh State TV and Radio Company did not broadcast the whole press conference, although a remark was made on the local news program on the substance of his comments.  On December 4, Channel 4, a commercial TV station, broadcast the entirety of the press conference as part of a Liberal-Democrat financed election advertisement.
    On the evening of the 6th of December, the main engineer at the regional TV/Radio transmission center received orders signed by Boris Bayarsky, head of State Communications Supervision in Voronezh, instructing him to close down transmission on TV channels 4, 31, 33 and 41.  The orders also referred to the possible need in the near future to shut down all remaining 45 commercial channels operating in the region.  Bayarsky stated that the reason for closure was “purely technical.”
    The official explanation of closure due to a “technicality” referred to a recent memo from the Ministry of Communications, sent on December 5, which stated that TV companies operating without a license should be shut down.  On the morning of December 6, Boris Bayarsky informed local TV stations that this did not affect them.
    Television and Radio companies must, by law, acquire two licenses for permanent transmission; the first is from the Ministry of Communications and is received upon beginning transmission and the second is given by the Federal TV and Radio Broadcasting Service.  The second license is applied for at a later date once the station is up and running and able to prove that its technical and legal standards are acceptable.  In the Voronezh area only the State TV and Radio Company has the second license.  Channel 4 had applied before November 1995 and had received a response from Moscow, informing them that their license would be processed by the beginning of 1996.
    In a newspaper funded by the regional administration, the Head of Voronezh Regional Administration, A. Kovalyev, made a statement on December 7, in which he deplored the media’s poor judgement in broadcasting Zhirinovsky’s comments on air.  He stated:  “It is completely obvious that this appearance [Zhirinovsky’s press conference] in and of itself constitutes a provocation and attempt at destabilisation, at the same time as being a cheap advert in the run up to the elections . . .  It is completely obvious, that such appearances rudely destroy legal and ethical norms . . . .  Respecting as I do the right of Mass Media to freedom of information, nevertheless it is still necessary to observe moral and egalitarian standards . . . .” [Voronezh Kurier, 7th December 1995, p.1]
    When the local correspondent for Komsomolskaya Pravda, A. Sineilnikov, contacted the head of the Commission of Mass Media for the regional parliament, Sergei Rudakov, he said he had no idea who had given the order to close down commercial TV stations or why.
    On December 8, the director of the regional Social Defense Department and also the representative of the regional Commission for Maintaining Order in Broadcasting, Yuri Savenkov, called a meeting with representatives of the mass media.  He declared that a decision had been taken to allow transmission of all channels, excluding Channel 4.  The Commission had recently solicited Moscow for a more speedy release of the second license for Channel 4, but following the appearance of Mr. Zhirinovsky, Mr. Savenkov had sent a telegram to Moscow requesting an end to this solicitation.  He stated that a decision on Channel 4’s future would be made following consideration of Channel 4’s “unethical behavior,” which might call for a “judicial enquiry.”  The attempts of rep re sen ta tives of Channel 4 to prove that the Federal TV and Radio Broadcasting Service had given them a temporary license were unsuccessful.  Mr. Savenkov said:  “We have considered the political situation before the elections and as a result have allowed the other channels to go back on air.  Regarding Channel 4, however, we will require a thorough check of their technical and ethical standards.”
    Despite the fact that the original statement regarding the  necessity for closing four commercial TV channels explained the reason as being linked to a failure to receive the second license, the public statements of the Head of Administration, Mr. Kovalyov and the head of the Commission for Maintaining Order in Broad casting, Mr. Savenkov, linked the closure specifically to the showing of an irate electoral statement by Vladimir Zhirinovsky by one specific TV station, Channel 4.  This action was universally understood by the press in Voronezh as an act of revenge directed against Channel 4 and an example to other TV companies and journalists.  Alarmingly, the administration had shown itself capable of threatening closure of all private television stations in order to punish one.  In addition, on the same day as governor A. Kovalyov’s statement was published in Voronezh Kurier, a front-page article entitled “Journalists are Shown the Door,” laid out plans of the local administration to require all journalists to apply for accreditation to gain entrance to the local parliament.  The last word on any accreditation will be given by the governor, A. Kovalyov himself.  Permission from the local administration can be removed if a journalist is considered to have “broken certain acceptable norms of behavior in parliament.”
    Lena Fanailova, local correspondent for Radio Freedom, said:  “Kovalyov’s statement following the shutting down of local channels and the announcement on accreditation was seen as a slap in the face to the press here.  Even if it was a coincidence that they appeared on the same day, the implications were lost on no-one.  They could interpret “breaking certain acceptable norms of behavior” as asking a question which offended the Head of  Ad min i stra tion, and you could lose your accreditation for parliament.  That’s pretty much what seemed to happen to Channel 4, but of course, on a much bigger and more expensive scale.”
    On the evening of December 9, Channel 4 was allowed to return to air, but no compensation was offered by the administration.  The technical obstructions to Channel 4’s continuing transmission disappeared without explanation.
    In an interview on December 25, Anatoly Vengerov, head of the Russian Federation Presidential Judicial Chamber for Information Disputes noted that they were not looking into events in Voronezh.  “Local governors do abuse their power and sometimes shut down newspapers and TV channels, but I am convinced that this is not a frequent occurrence.”
    However, it should be considered that the Judicial Chamber does not act as a “watchdog,” and generally responds to a situation only where a specific complaint has been made.  In the circumstance that newspapers depend on administration funding to survive and complaints could potentially result in sackings or withdrawal of funds, reluctance to make official complaints would be understandable.
    Commercial television channels in Voronezh are not dependent on state funding, but learned they could be subject to the whim of the administration if they were perceived to overstep the line.  All four channels lost much in advertising during a three-day period when they were also unable to earn revenue from political campaigning in the region.  Local people, having originally seen Zhirinovsky’s appearance as a comic interlude in an otherwise fairly tedious election campaign, saw its consequences as a worrying return to old methods.  Voronezh representatives of the Liberal Democratic Party reported that almost a thousand people joined up in the days following the closure of Channel 4.
    These events illustrate several different trends in state/media relations in the provinces.  Firstly, that a local governor can abuse the power of the Federal TV and Radio Broadcasting Service to shut down a commercial channel which has not broken the law but which has caused offence to him.  Secondly, he can close three other non-offending channels and threaten closure of almost 45 others in the process.  Thirdly, he can employ representatives of commissions in the regional parliament who are supposed to deal with social justice and protection of the press (Department of Social Defence, Commission for Maintaining Order in Broadcasting) to justify his decision.  Finally, perhaps more positively, pro longing a process which is contrary to federal Russian law, may prove more problematic than it is worth—as in this case.

Gillian McCormack, Language and Media Department,
Glasgow Caledonian University



Presidential Chamber Election Decision: Plague on All Houses

    On December 9, 1995, the President’s Judicial Chamber on Information Disputes issued the following Statement [no. 3 (14)], “On several cases involving violation of election campaign rules,” concerning the conduct of the election campaign. This was one of many actions of the Chamber during the election period.
    The election campaign has entered the final stage.  The final week of the period allocated for election campaigning can be decisive in determining the political preference of voters.
    How sound these preferences turn out to be depends to a considerable degree on the mass media and on strict observance of election campaign rules and procedures.
    The legislator has guaranteed candidates and electoral associations various conditions for access to the mass media.  On the whole, these norms are observed.
    However, the Judicial Chamber has received numerous appeals from participants in the electoral process complaining of some violation or other of the election campaign rules on the part of television and radio companies.
    An utterly intolerable situation occurred in Moscow.  The “Moskva” television and radio company, whose founders include a government organ (Moskomimushchestvo) and as a result is required to provide free airtime to Moscow candidates for deputy, categorically refuses to fulfill this legislative norm and disregards the lawful demands of the Moscow City Electoral Commission and the Judicial Chamber.
    Complaints against the All- Russian Television and Radio Company are also piling up.  Several of their leaders have “forgotten” about the legal orders contained in point 1.3 of the RF Central Electoral Commission’s Instruction “On the Procedure for Allocation of Airtime on State Television and Radio Company Channels . . .”
    No one, of course, has deprived journalists, including employees of state television and radio companies, of the right to provide commentary on the election campaign.  But what does this right, which is safeguarded by law, have in common with the unexpected appearance on the “Gentlemen” program by the leader of the “Forward Russia” electoral association, V. Fedorov, with his political anecdotes (VGTRK, November 24, 1995)?  Or the constant references to the association “Our Home is Russia” on the “Brain- ring” program (ORT, November 11 and 18, 1995)?
    Under what category of election campaigning can one place the hour program on S. Kovalev, one of the leaders of the “Russia’s Choice—United Democrats” bloc, which aired on the GTRK “Petersburg-5th Channel”?  There are a sufficient number of such examples to demonstrate that television and radio company leaders have clear political preferences and just as clear disrespect for the law.
    The criticisms of many candidates for deputy and voters about the content of state television news programs are justified.  The frequent appearances on these programs by the head of the Russian government, who is also the leader of an electoral association, have gone beyond the bounds of the permissible.
    Unfortunately, again and again it is established that candidates for deputy mandates themselves disregard electoral legislation requirements and ethical norms.  Many of these issues have already been the subject of Judicial Chamber and Central Electoral Commission examination.  Yet they appear anew.
    For example, during the December 6th election airtime of ORT, the head of the Liberal- Democratic Party of Russia, V.V. Zhirinovskii, proposed his method for “implementing order” in the Caucasus:  “If even a single shot is fired from any village, if even one Russian soldier is wounded or killed (if you vote for the LDPR), I will give the order to destroy that village!  We will destroy 5-6 villages, burn them down completely with napalm, and then there will be no war.”
    Is this not incitement of nationalist hatred and a gross violation of the Constitution?  For his “weapon of retribution” (against women, the elderly and children!) Zhirinovsky has chosen napalm, the use of which has long been denounced and outlawed by the world community.
    Another monopolist of the “Russian idea”—N.N. Lysenko, leader of the National- Republican Party of Russia—who has declared himself to be virtually the only person concerned with the interests of the Russian people, proposed a similarly simple and “effective” prescription for the crime problem (aired on Russian television on November 29, 1995).  The solution, it turns out, is simply to remove from Russian territory the “mafia hordes of the Transcaucasian and Central Asian Republics.”  To support his position, N. Lysenko referred to a certain young Moscow sociological association unknown in sociological circles and cited farfetched statistics that go beyond the bounds of common sense:  60-90% of the most serious crimes in Russia are allegedly committed by those very “immigrants.”  Of course, he failed to mention the overall level of criminality and its social and legal aspects.
    The Judicial Chamber considers it necessary to point out that the election campaign is likely to “continue” even after December 17—in the form of the already numerous lawsuits concerning violations of the election campaign rules.
    In evaluating the course of the election campaign, the Judicial Chamber declares its intention to use all means to eliminate violations of election legislation and to hold violators legally accountable for their actions.
    In sending this statement to the Central Electoral Commission, electoral associations and blocs, and the mass media, the Judicial Chamber expects that in the time remaining until the election all participants in the electoral process will rigorously observe legislative requirements and will not create by their actions grounds for casting doubt on the results of the people’s expression of its will.

Chairman of the Judicial Chamber
A.B. Vengerov
Published in Rossiiskaia gazeta on December 14, 1995, at 6
Translated into English by Frances H. Foster