Post-Soviet Media Law & Policy Newsletter
Issue 32 Benjamin
N. Cardozo School of Law September 5, 1996
Corporate Transformation of The Russian Media
Since 1991, when the Russian Mass Media Law introduced
private ownership and freedom of entrepreneurship in the media, the print
and audiovisual industries have undergone many changes. Therefore,
it within the Russian media as “the primitive development of a market economy”1
and the very media as not capable “[of being] profitable” and for this
reason totally dependent on outside financing.2
The Russian media economy has reached a kind of stability
it previously lacked. There are still many media companies which
struggle to survive, namely regional, local and specialized publications,
some regional broadcasting companies, etc. However, there is also
a trend of emerging powerful media enterprises, able to secure their activities.
The latter represents a new, private sector of the Russian media system
and demonstrate the potentials market forces.
This paper has three major goals:
— to give a brief overview of the present ownership structures,
in particular in the Moscow media market;
— to outline the basic economic freedoms and rights given by
the present laws to Russian media enterprises;
— to trace the increasing influence of the Russian economic elite
(banks, some industries) over the operations of the Russian media with
the special emphasis on the “media-business-elite” relationship during
the election campaigns of 1995 and 1996.
1. The Shift to the Market
Publishing newspapers, magazines and books yielded enormous
profits for the Communist Party and the Soviet state in the USSR, but the
media was never listed among major the Soviet profit-making industries.
On the contrary, the press, TV and radio were used by the party and state
as the means by which to educate the public on the basics of Marxist-Leninist
ideology. Some scholars argue that, in the Soviet model, the media
were fulfilling the function of the public relation agent, not the mediator
among different groups and forces within society.3 The missing
element in this scheme is the economic one with its various implementations
at the media market (profit-seeking, advertising, different market strategies,
etc.)
No studies of the media economies of scale were actually
conducted during the Soviet period.
On the other hand, a classical Marxist approach describing
the media of the market society as a servant of its proprietor was widely
accepted among Soviet scholars. This approach might be useful to
understand the ownership-control relations within the Soviet media system.
The Soviet media was owned by the Communist Party (newspapers, periodicals),
the Soviet state (newspaper, periodicals, broadcast companies, news agencies),
some public organizations (print media) and numerous specialized professional
organizations (specialized publications). It goes without saying
that the Party’s control over media content and operations was an inherent
element in non-Party ownership modes as well. For instance, despite
the fact that the state operated all broadcast companies and provided the
stable financing of news agencies, it was the Communist Party that determined
the programming policy and planned investments.
Taken in a broader historical context, the notions of
freedom of the press and free market went together. In the Russian
case, however, the promotion of the media freedom was never associated
with the development of new market conditions in the media economy.
Therefore, in post-Soviet Russia, the emergence of a shift to the profit-oriented
and market-driven media.
On the contrary, for some journalists, the increasing media
dependence on advertising, sponsors and market ideology meant the loss
of their democratic dreams. For others, however, it was the beginning
of their “gilded age.” They stood as a new generation of the Russian journalists
that managed to combine professional skills with entrepreneurship and managerial
abilities. The first media proprietors had their background in practical
journalism.
Recent statistics show the dominance of journalists
among the owners (or, more precisely, among shareholders) of the Russian
press. The number of ‘pure’ private owners remains relatively small,
about 8.6%. Of them, the number of businessmen and bankers is particularly
limited; only 2.3% of all Russian newspapers proprietors belong to the
Russian financial and economic elite. However, this number is not
small in terms of newspapers’ titles, their circulation and political influence.
Still, the most widely presented form of ownership in
the Russian newspaper market is a journalistic corporation. During
the privatization of Russian newspapers (after the 1991 coup) many newspapers
were transferred into the hands of their journalists.
On the other hand, these statistics also reflect the existing
difference among the ‘owners’ and ‘founders,’ who are described by the
Russian Mass Media Law as persons applying for the registration of the
mass medium. Currently, the founders of the Russian local/regional
media are mainly represented by journalistic staffs or by local/regional
administrations.
Only 12.5% of local newspapers are established by political
parties or public organizations. On the national level, the degree
of party or public organizations among the founders is somewhat higher
(20%). In large industrial cities, such as St. Petersburg,
public organizations have founded more than one third of all newspapers
(38.7%).4
2. A New Diversity
As a result of the intensive corporate transformations,
a broad range of ownership modes have been developed within the Russian
media industry. The Moscow media market is one of the most diversified
in Russia and provides various samples of ownership forms. Among
media companies, one could identify:
-
state-owned newspapers (‘Rossiiskaya gazeta,’ ‘Rossiiskiye vesti’)
-
state-owned broadcast companies (VGTRK) markets.
-
state-owned news agencies (ITAR-TASS, RIS)
-
media companies owned by the city administration (MTK terrestrial TV-company
and a cable television channel)
-
open share-holdings (‘Izvestija,’ ‘Komsomolskaya pravda’)
-
join-stock companies with the participation of financial and industrial
capital (Public Russian Television, ORT company)
-
join-stock media companies with the expansion at the foreign markets (‘Interfax’
news agency)
-
horizontally integrated private join-stock companies (‘Kommersant’ Publishing
House)
-
private newspaper chains (‘Argumenty i Facty’ Publishing House).
The positions of state and local authorities in the
economy of broadcasting are guaranteed in a very comprehensive way through
the licensing system and the ownership of the transmitting system.
The state also safeguards its controlling positions in the broadcast sphere
by postponing the complete adoption of the print media and especially newspapers
is characterized by greater variety and complexity of ownership combinations.
The emergence of diversified newspaper companies might
be described as the most general trend within the process of the corporate
transformation in the newspaper market. The first type of such companies
is represented by media companies which secure their position through multi-sectoral
integration. For many of them, political benefits from publishing
newspapers outweigh the economic disadvantages, and the market activity
of diversified companies is ensured by re-channeling of revenues from profitable
non-media divisions (insurance companies, banks, travel companies, trade
activities, etc) into the media, and particularly newspaper divisions.
This model is applied in many companies which have their origins in the
newspaper business (‘Moskovsky Komsomolets’ and ‘Moskovskaya Pravda’),
but this is also true of many financial and industrial enterprises that
have entered the media market.
The second type of multi-sectorally integrated media
companies is illustrated by the “Moskovskiye novosty” newspaper company.
After facing economic problems in the market of weekly publications, it
looked for other profitable media sectors and made investments in radio
by establishing a profitable FM station. ‘Kommersant’ Publishing
House is an example of the third type of horizontally integrated media
companies which produces related products. ‘Kommersant publishes
several financial elite, owns news, advertising and photo agencies, and
other new diversified media companies, the backgrounds of the initial investments
into ‘Kommersant’ are still unclear.5
3. A Legislative Framework for Media and the Economy
Regulation of economic issues in post-Soviet Russia
has been primarily concerned with financial support for the print media
and the privatization of the broadcast media. However, both problems
resulted from the previous law-making process of the media field.
The Russian Constitution and the Mass Media Law laid the grounds for the
‘hybrid ownership system and policy’6 with the legal co-existence
of the state and private ownership in the media. Freedom of economic
activity and the right of private ownership are guaranteed by the Constitution
(Part 4, Articles 8, 34, 35), while the Mass Media Law stresses the rights
of every Russian citizen to establish the mass media enterprise and defines
the rights and duties of various component parts of these enterprises.
The Law gives the media independence from state and Government intervention,
and the media economy is not an exceptional case.
In many post-Socialist countries, the period of new
legislation for the media was characterized by idealistic attempts to bring
new freedoms to new realities, to remove political, legal and administrative
constraints on media operations, and to guarantee free access to the market.7
Many problems which first lacked serious attention, lately have caused
heated discussion. Regarding the media economy the same contradiction
exists between the “founder” concept invented for the Mass Media Law and
the position of the owner who is currently becoming key figure of market
operations and management in all media companies. The concept of
the “founder” provided by the Law is not similar to the general view and
practice of “owner” position. Thus, some crucial points are left
unregulated. For instance, according to the Mass Media Law, a foreigner
cannot found a mass medium in Russia. This idea, of course, coincides
with the rules of many Western countries which restrict the presence of
foreign capital in national media ownership. But in practical terms,
the Russian Mass Media Law puts no limits on foreign capital regarding
ownership of Russian media enterprises.
On the other hand, the Law states that the “founder”
cannot interfere with the editor-in-chief and journalists that together
are described by the Law as the editorship. A status agreement between
the founder and editorship is required to cover a number of important points
in their relations. Only in cases foreseen by the Agreement may the
founder interface with editorial policy. However, it is an ideal
case when the three parts are separated. In many Russian newspaper
companies, the editor-in-chief, the founder/one of the founders and the
major share-holder is the same person, a single entity who envisaged certain
guarantees to safeguard his position in the Agreement with the journalists’
collective. This may explain the attitudes of some editor-in-chief
of popular Moscow newspapers who believe themselves to be the only persons
able to make decisions within their newspapers who believe themselves to
be the only persons able to make decisions within their newspapers regarding
market strategy, editorial policy, management of their companies.8
The state has also secured its economic positions in
the media. It remains the major owner of the supply, production,
and distribution sectors of the newspaper industry and maintains control
over all newsprint production plants, technologically modern publishing
houses and all Russian distribution networks in its hands. From this
point, the attempts of the government and the Parliament, the State Duma,
to maintain control over the market operations of the media are very similar.
The Duma continues to stress the need for a special legal system of financial
support for non-profitable media enterprises. At an earlier stage,
support was given in through a form of press subsides, followed by discussion
of an approach providing grants. Good initiatives are partly discredited,
however, by uncertain principles of selection among publications to support
and possibilities of political influence. Moreover, attitudes of
the state and Duma help to explain the lack of competition laws which would
help to prevent the state monopoly or, at least, state dominance in key
sectors of media economy. On the other hand, state officials and
the Duma made several attempts to produce a state policy of media concentration
as an instrument for the survival of the whole industry. The idea
to establish a few powerful and rich media monopolies, with some variations,
was declared both by representatives of the State Committee for Publishing
and of the Duma Committee on Information Policy. Not yet clearly
formulated, the state policy for the media economy includes some contradictory
points.
Market operations of the Russian media enterprises are
regulated not only by media laws, but by general economic regulation as
well. At present, the most important are Value Added Tax Law (1991),
Revenue-Tax Law (1992) and Customs-Tax Law (1993). In autumn, 1995,
the State Duma adopted several laws exempting some media enterprises (with
educational, cultural and specific output) and some media operations (subscription
and retail revenues) from VAT. New laws also provide media enterprises
with some benefits (the tax exemption for capital investments, advantages
in the privatization of the production sector, etc.). Six months
later, at the Parliamentary hearings on the implementation of these laws,
journalists and media executives stressed that many media companies are
not able to use new benefits because of the unwillingness of the executive
power. Without special provisions for executive bodies, laws would
fail to fulfill their goals.
Thus, the ambivalent policy of the Russian state still
prevents the normal market operations of the newspaper industry.
4. The Financial Elite, the Media and Political Power
For many scholars, the question of ownership and more
precisely of the owners’ influence over the medium contents is regarded
as the core one. In Russia, the problem is complicated by the uncertainty
of the legal status of media owners, which increases their ability to influence
media contents and operations.
The inefficiency of the modern Russian newspaper economy
has strengthened its dependence on proprietors. The every-day operations
of many newspaper companies conflict with the economy of scale. For
instance, production of a million copies does not diminish, but rather
increases marginal costs and simultaneously does not produce marginal revenues
which is contrary to the very nature of newspaper production. It
is also more profitable to publish one thousand copies of an expensive
magazine for untargeted audience than one million copies of a popular daily
due to the extremely high cost of postal distribution. This may also
explain why the periodicals in big cities rely primarily on retail and
other forms of inner-city distribution instead of home delivery.
Distortions of the economy of scale explain why advertising
and normal marketing do not produce enough revenues for the newspaper in
industry, while sponsorship and investments from financial elite do.
The owner seen as the investor has become the key figure in the economic
survival of certain media forums.
Vitaly Tretyakov, the founder and the editor-in-chief
of the firth Soviet independent daily ‘Nezavisimaya gazeta,’ which was
temporarily closed because of debt in the summer of 1995, declared frankly:
“To survive today the Russian newspaper needs to find a sponsor.”9
And it was his choice when in autumn, 1995, his newspaper was added to
the growing media empire of Boris Beresovsky, the owner of the LogoVAZ
corporation. Currently, LogoVAZ is one of the largest private shareholders
of Public Russian Television ORT (8% shares+8% of ObiedinenniyBank owned
by LogoVAZ). Except ‘Nezavisimaya gazeta’ and ORT, LogoVaz had also
invested in ‘Ogonyok’ news magazine improving its printing and totally
changing its contents.
It has become almost a cliche that Russian banks are
steadily increasing their investments into the media business. By
building financial-media empires, Russian financial elite enter politics,
thus suggesting a Russian model for the concept of media moguls.10
Of Moscow banks, several are seriously involved in the media business.
MOST group, owned by Vladimir Gusinsky, has main activities in banking
and real estate, but also controls NTV private channel (Gusinsky has 77%
shares while journalists own 23% share) and ‘7 dney’ publishing company
which publishes daily ‘Segodnya,’ news magazine ‘Itogy’ (jointly with Newsweek)
and TV-weekly ‘7 dnei,’ MOST group also has interests in radio business
sponsoring popular Moscow FM station ‘Echo of Moscow.’ MENATEP group, which
includes MENATEP bank and a wide range of holdings in Russian industrial
companies, bought a minority stake of Independent Media Publishing company.
The latter publishes a number of popular English language publications
and Russian editions of Playboy, Cosmopolitan, Good Housekeeping.
ONEXSIMBANK bought the majority shares of ‘Expert’ news magazine on condition
that the publication would not be transferred to any other bank.11
Some Russian scholars argue that while the long-term
goal of such concentration might be the creation of the effective and profitable
enterprises, short-term goals are determined by the political situation
and quests for political power. The process of media concentration
has in Russia obvious political roots12. The most vivid
illustration of the trend may be found in operations of the powerful state-private
corporation GAZPROM, whose links with the government are well-known due
to its former head and present Prime Minister Victor Chernomyrdin.
Recently, GAZPROM announced its plans to buy a 30% stake in NTV.
In addition, there are rumors that GAZPROM owns significant share in ‘Komsomolskaya
Pravda’ and supports ‘Trud’ newspapers, the two dailies with largest circulation
in Russia.13
Developments in the regional and local press also prove the emergence
of this political concentration. It brings numerous advantages to
newspapers that stand close to the local administrations (indirect subsidies
in forms of better and cheaper access to news agencies’ information, support
of print, etc). The convergence of old political and new financial
elite, which became the well-known phenomena in many regions outside Moscow,
might help to predict the further direction of concentration in local newspaper
markets.
Elena Vartanova
Associate Professor
Faculty of Journalism
Moscow State University
Notes:
1. Obshaya gazeta. 1996. April, 18-24, p.10
2. Grachev A., From Glasnost to Transparency. Current Trends
and Perspectives of the Media Situation in the CIS. Media Concentration:
Trancparency, Access and Pluralism. Report of the Danish Media Committee’s
International Hearing. Copenhagen.1995. Appendix I, p.75.
3. Murray, John. The Russian Press From Brezhnev to Yeltsin.
Behind the Paper Curtain. Edward Elgar. 1994, p.64.
4. Transition. 1995, vol. 1, N 18, p.88.
5. Zurnalist. 1991. N 5, p.41.
6. Krug, P., Price, M. Russia. In: Media Ownership
and Controlling the Age of Convergence. IIC. 1996, p.172.
7. Jakubowicz, K. Access to the Market for New MediaIniciatives
in Central and Eastern Europe: The Case of Broadcasting. In: Media
Concentration: Trancparency, Access and Pluralism. Report of the
Danish Media Committee’s International Hearing. Copenhagen.1995.
Appendix I, p. 75. P. 81; Krug, P., Price, M. Russia.
In: Media Ownership and Control in the Age of Convergence. IIC.
1996, p.175; Baturin Yu., Fedotov M., EntinV. Chernovik serieznogo
teksta (A Draft of a Serious Text) Moscow. Faculty of Journalism.
1995, p.3.
8. Unpublished proceedings of the Round Table “The Development
of New Ownership Forms in the Russian mass Media.” The Faculty of Journalism,
Moscow State University, 11.011996.
9. The Moscow Times, 1995, September, 9.
10. Compare with definitions of Jeremy Tunstall and Michael Palmer
in: Tunstall, J., Palmer, M. Media Moguls. London-New York.
1991, pp.105-107.
11. Kapital. 1996. May, 15-21, The Moscow Times,
1996, July, 30.
12. Zassoursky I. The Development of the Russian Media
within the Global Information Processes. MA Degree Thesis.
Moscow State University. 1996, pp. 67-74.
13. Sreda. 1995. N 3, pp.17-19.