Post-Soviet Media Law & Policy Newsletter


Issue 42-43     Benjamin N. Cardozo School of Law     January 15, 1998  

ALBANIA BULGARIA CZECH REPUBLIC HUNGARY POLAND SLOVAKIA
ALBANIA 

I.  Facilities of TV Shijak reported destroyed.

    The Albanian Journalists’ Union [on 5th January] called on the state authorities to declare the site of the antennas and broadcasting equipment of private radio and television stations on Mount Dajti a strategic facility.  The Journalists’ Union reacted [on that day] to the destruction and theft of the antennas and broadcasting equipment of Television Shijak, the first private television station in Albania.  “Unidentified persons” destroyed this equipment in the early hours of the morning of 3rd January.  Studio D of Television Shijak was destroyed and looted on 13th March 1997.
    Ylli Rakipi, chairman of the Journalists’ Union, addressed a news conference alongside Gezim Ismaili, proprietor of Television Shijak.  Rakipi said: “The initial information suggests that this was an intentional and politically motivated act.  Evidence at the scene on Mount Dajti shows that only the antennas and transmitters of Television Shijak were destroyed.  Equipment belonging to several private radio stations was also there, but was not touched.”  A member of the investigative group is reported to have said ironically at the scene of the crime: “I am sorry that there is now nobody to broadcast the rallies of Sali Berisha.” [leader of opposition Democratic Party and former Albanian president] Gezim Ismaili, the proprietor of Television Shijak, said: “My main occupation is business.  I have broadcast political events which state television has not carried.”
    The Albanian Journalists’ Union asked the state authorities fully to investigate the incident, call the culprits to account and take measures to ensure that such acts of vandalism do not recur.  Television Shijak is the first private television station in Albania and the only one to follow the activities of the opposition extensively.  The Journalists’ Union [on 5th] asked newspapers and radio and television stations to treat “this event, which predicts dark days for the Albanian press” with the seriousness it deserves.

‘Albanian,’ Tirana, January 6, 1998


BULGARIA 

I.  Left-wing MPs challenge media act amendments.

    Seventy MPs of the opposition Socialist Party, the Alliance for National Salvation, the Euro-Left and independents asked the Constitutional Court on [19th December] to rule on the constitutionality of amendments to the Radio and Television Act.
    The parliamentarians claim that the amended law “drastically contravenes the European Convention on Transfrontier Television” [European Television Without Borders directive] ratified recently by the Bulgarian parliament.
    The amendments’ entry into force left Bulgaria without a competent authority to give opinions on applications for broadcasting concessions, issue licences and spell out the broadcasters’ responsibilities.
    Cable transmitters have been excluded from the scope of the law.  The only earth stations covered by the law are national radio and television, while public and private media have been left out, the parliamentarians claim.  The repeal of provisions left the country without regulations on the licensing of non-state electronic media.
    In an earlier initiative Socialists and independent MPs challenged the constitutionality of amendments under which the National Board on Radio and Television was constituted.

BTA news agency, Sofia, December 19, 1997

II.  Socialist MPs refer media act changes to court.

    MPs of the opposition Bulgarian Socialist Party and independent national representatives petitioned the Constitutional Court on the constitutionality of six provisions of the amendments to the radio and television law which took effect in late November.
    The challenged amendments pertain to the structure of the National Council on Radio and Television.   The petitioners also insist to rule unconstitutional the revoking of earlier texts of the law.
    Under the amendments the president appoints three and parliament four of all seven members of the council.  The new texts were adopted following heated debates.  The smaller parliamentary forces accused the ruling majority of trying to appoint its men to the council.
    It is not decided yet when the Constitutional Court will pronounce on the case.

BTA news agency, Sofia, December 12, 1997

III.  President discusses broadcast council appointments.

    President Petur Stoyanov summoned [on 27th November] about 30 representatives of the national radio, national television and the licensed private radio and TV stations to hear their views on the criteria to be used when appointing members of the National Council on Radio and Television (NCRT).
    The decision on the public council’s line-up was taken by the National Assembly [on 27th] following the introduction of amendments to the Radio and Television Act.  Four of the seven-member council will be elected by the National Assembly and three will be appointed by the president.
    According to the reporters present at the meeting, the future members of the media council should have high approval rating, should be “media-literate” and should be ready to continue implementing the reform in the electronic media.
    The majority of the participants in the meeting shared the view that it is not necessary for the media council members to be radio or TV professionals but that it is of vital importance for them to be familiar with the problems of the electronic media.
    According to President Petur Stoyanov, it would be very difficult to persuade the people to become members of this council as there are no guarantees they will stay on it for more than six months or a year—until the passage of a new media law.  He agreed with the view that pragmatism should be one of the main principles to be used in the election of council members.
    Petur Stoyanov said he would invite also intellectuals to discuss with them the future of the electronic media.  He will discuss with them the problem of media monopoly that he also raised before the journalists and will ask them whether by eliminating the monopoly of the national radio and television, their problems will not be settled.  Meanwhile the president decreed the gazetting of the amendments to the electronic media law related to the National Council on Radio and Television.  In an open letter to the president, three socialist MPs voiced their surprise that the president is not going to impose a suspensory veto on the amendments.  The imposition of a suspensory veto was demanded [on 26th] by the parliamentary group of the Socialists.

BTA news agency, Sofia, November 27, 1997

IV.  Premier denies politicization of broadcast council.

    At an extraordinary sitting [on 25th November] the National Assembly passed amendments to the Radio and Television Act, regulating the formation of a National Council for Radio and Television (NCRT).  The opposition Democratic Left said it would probably approach the Constitutional Court once the amendments are gazetted. . . .
    “The BSP [Bulgarian Socialist Party] will benefit from anarchy in the Bulgarian National Radio and the Bulgarian National Television, because in that way it will continue the hidden privatization of airtime,” Prime Minister and SDS leader Ivan Kostov told reporters [on 25th].  “It is unfounded and untrue to say that the president and the parliament appoint political figures,” Ivan Kostov also said.
     The NCRT will appoint the directors-general of the national radio and television and will exercise control on the observation of the Radio and Television Act.  It will have no rights with relation to the private media.
    “The SDS is holding dialogue with representatives of professional organizations, related to the radio and television,” Ivan Kostov said during the regular SDS news conference [on 25th].  He also said that concrete proposals for members of the NCRT have already been received.
    The introduction of amendments to the media law was necessitated after the Constitutional Court declared unconstitutional in July this year the parliament’s election of, respectively, Liliana Popova and Stefan Dimitrov as radio and television directors. On [24th November] the Court’s decision entered into force.  The two previous media heads, Vyacheslav Tunev and Ivan Tokadzhiev, were to be reinstated.  Both, however, said they would not avail of the opportunity.  On [25th] Tunev confirmed Liliana Popova’s order for the radio to be headed temporarily by its deputy director Martin Minkov.  Tokadzhiev also authorized the television’s chief secretary Andrey Dimitrov as acting director-general.
    A new Law on Radio and Television is expected to be passed in full early next year.  The SDS said that the new Radio and Television Act and the Telecommunications Act will be among the parliament’s priorities in the first half of 1998.

BTA news agency, Sofia, November 25, 1997


CZECH REPUBLIC 

I.  Council warns against media “manipulation.”

    The Council for Radio and Television Broadcasting warned [on 3rd December] against inadmissible manipulation of information by the media, saying that during the present tense times such behaviour threatened democracy in the Czech Republic.
    Council chairman Josef Josefik said the present law did not sufficiently prevent the abuse of influence by strong media, although work was going on new laws.  Until then, however, there were not sufficient means for dealing with complaints about untruthful information in the media, he said.
    He mentioned Nova Television’s reports [containing allegations against Social Democrat and parliament chairman Milos Zeman and Prime Minister Vaclav Klaus]. . . .  The council had looked at these broadcasts, but could not pronounce on them until a court had done so, Josefik said.  Both Zeman and Klaus have announced their intention of suing Nova over the stories.

CTK news agency, Prague, December 3, 1997

II.  Czech government to debate EU television directive.

    The Czech government intends to debate proposed legislation in the second half of 1998 regarding the EU directive Television Without Borders which prescribes that 50 per cent of airtime of all television stations be devoted to national and European programmes, Culture Minister Jaromir Talir said [on 24th November].
    The EU executive and the EU’s assessment document in July sharply condemned the unwillingness of the Czech Republic to adopt this directive, a new, stricter version of which has been in effect since January.  Some European Parliament deputies also pointed to the “Americanization” of TV Nova’s programming.  Talir [on 24th November] defended the Czech Republic by referring to the Czech legal system and the strong private sector in television and radio.  In this circumstances it was difficult “to accept ex-post new regulatory measures for a system which is already working,” Talir said.  Other EU associate countries did not have this problem because in comparison with the Czech Republic development of the private sector there was delayed and they could already put the directive into effect when granting broadcasting licences, Talir continued.
    “We have an approach to this instruction in a legislative plan.  Firstly however, we have to adhere to the directives of the Council of Europe—I was told that it was a different legal document,” said Talir.
    Talir participated in Brussels with his counterparts from other EU associate countries in the first “structural dialogues” on the fringes of a meeting of EU culture ministers.  They discussed in particular the protection of minors and human dignity in broadcasting, audiovisual programmes and the electronic media.
    The Television Without Borders directive contains a ban of programmes inciting violence and hatred for racial, religious or nationalist reasons.  It also prohibits the broadcasting of programmes that can seriously damage the psychological, spiritual and moral development of children and contains specific measures concerning the programming of pornographic and violent films.

CTK news agency, Prague, November 24, 1997



HUNGARY 

I.  Duna TV’s fifth anniversary, future plans.

    The president of Duna Television, Sandor Sara, hopes viewers will be able to see more theatre performances and new programmes, as well as television plays made by Duna Television, in 1998.
    In an interview with MTI to mark the fifth anniversary of the launch of Duna Television on 24th December, Sara said the planned new programmes include a foreign political background panel programme and a cultural information series.
    Evaluating the five-year work of Duna Television, Sara said it has partially fulfilled its mission, and fell short of its goals only because of limited financial possibilities.
    Viewers beyond the borders would also like to see more programmes about Hungarian history, literature and the language.
    Discussing the reception possibilities of Duna Television, which will change shortly, Sara said the fact that the Hot Bird 4 satellite will be transmitting programmes from the end of February is not expected to cause major changes.  Viewers with individual satellite dishes can expect slight changes which will not require costly alterations.
    Sara said programmes of Duna Television can be received in many countries from England to Kazakhstan, and the Arctic Circle to the northern shores of Africa.  Duna Television’s nightly news programme has been on the Internet for more than one month, making it possible to see it throughout the world.  To date, 202,000 people have utilized this service; within this 50,000 linked up to the network in America.

MTI news agency, Budapest, December 26, 1997



POLAND 

I.  New management at PAP to prepare for privatization.

    The “kingless” rule in the Polish Press Agency [PAP] has ended.  The agency’s new chairman is Robert Bogdanski.  His deputy chairman is Piotr Ciompa (both from the Solidarity Electoral Action [AWS]).  Krzysztof Andracki from the Freedom Union [UW] is the third member of the PAP Board.  They are tasked with preparing PAP for privatization.
    According to a new law on PAP, the agency will now be managed by the Board, and not only by its chairman.  The AWS and the UW argued for a month over who should join PAP management.  This is when Krzysztof Komornicki, the last PAP chief appointed by then Prime Minister [Wlodzimierz] Cimoszewicz, was dismissed—illegally, as it turned out later—and then resigned on his own.  The bickering between the coalition partners was stopped by a decision of State Treasury Minister Emil Wasacz (the formal owner of the PAP state single-shareholder company) on 31st December.
From Reuters to PAP
    The treasury minister appointed Robert Bogdanski, 35, chairman of the PAP Board.  Until now, Bogdanski worked as a journalist at the Solidarity Information Service, the BBC and state radio.  He headed the Polish section of Reuters, the largest news agency in the world.   In the election campaign, he jointed the AWS’s 100 Movement.
    Bogdanski handled mainly economic issues.  He is married with two children.  His hobbies include, as he himself says, “cooking and wine tasting.”
    “According to the law, we have two years to prepare PAP for privatization.  Within this time, the company should recover its financial condition.  This will be the last time that we are eligible for budget subsidies.  Also, we need to repair the company’s heavily fatigued prestige,” is how the new chairman outlined his goals.  “In addition, PAP employees should be satisfied with their work and salaries.”
    Bogdanski’s deputy will be Piotr Ciompa—a historian, current affairs journalist, financial adviser and former activist of the underground Independent Association of Students.  In the autumn of 1997, he won the competition for chief of the Warsaw Television Centre, but his candidacy was blocked by the supervisory board of state television, which was dominated by the Democratic Left Alliance and the Polish Peasant Party.
    The third member of the PAP Board is Krzysztof Andracki, chairman of the Press Information Agency under Prime Minister [Waldemar] Pawlak and recently spokesman for the UW election staff.
The Board is also new
    The Board will be controlled by the five-member Supervisory Board.  It comprises three journalists: current affairs and television journalist Adam Pawlowicz; Eugeniusz Smolar, long-time chief of the Polish section of the BBC; and Catholic journalist Maciej Letowski.
    The other two Board members are Zygmunt Kostkiewicz, former opposition activist, historian, and deputy chairman of Polisa Zycie [insurance company]; and Leon Warecki, television producer, director of the Polish branch of Warner Bros and former candidate for state television chairman after Walendziak’s resignation.

“The trio in PAP,” ‘Zycie,’ Warsaw, January 2, 1998

II.  Left sees bid by government to “subjugate TV.”

    The government has decided to table the Radio and Television Broadcasting Bill in the Sejm [parliament] using the fast track procedure.  The bill provides, among other things, for the recall of public media supervisory councils before their members’ term of office is up.  . . .
    In the opinion of the [opposition] Social Democracy of the Polish Republic [SdRP] spokeswoman, Agnieszka Wolk, this proposal is an attempt at a complete takeover of the media by the [ruling] AWS-UW [Solidarity Electoral Action-Freedom Union] coalition.
[Wolk] We think that the attempt to subjugate television totally to the current government formation by changing the members of the supervisory councils, by changing the Radio and TV Broadcasting Act, is a dangerous attempt.
    Television is in any case fairly hostile to left-wing formations, and attached to formations linked with the Freedom Union, more to the right, which can be seen from the line-up of guests invited to take part in news and current affairs programmes, and the news which goes out on these programmes.  In view of this, I am convinced that this is another attempt on—maybe not on democracy, for that is an exaggeration—but another attempt by the current coalition to take over absolutely everything in the country.

Polish Radio 1, Warsaw, December 30, 1997



SLOVAKIA 

I.  Radio Twist head warns about Slovak transmitters.

    The state enterprise Slovak Telecommunications (ST) had no right to disrupt the power supply for Radio Twist’s transmitter.  Twist’s Director-General Andrej Hryc made this statement at a press briefing [on 3rd December] in connection with ST’s disruption of the power supply on 27th November.
    He had returned early from his holiday in the Dominican Republic because of the fresh attack on this private radio station.  As he said, the electricity supply is provided by the Zilina-based Central Slovak Power Plants, with which the station has a valid contract.  The power supply was restored on 2nd December, but, according to Hryc, ST employees broke the seal on the distribution panel and again disrupted the power supply.  Therefore, Radio Twist has submitted a complaint to initiate criminal proceedings in connection with the damage to its property.
    With regard to this “banditry,” Hryc said that “it will also probably be necessary to guard the transmitters before the elections.”  He added that Radio Lumen was affected just like Twist because of ST’s conduct on Sitno.  He did not rule out the possibility that the disconnection of Twist could also be associated with the ongoing collection of data on the popularity of radio stations.  But, in the opinion of Hryc, ST’s most recent step against Radio Twist cannot be described as an accident, but as a design, which is also confirmed by Tuesday’s [2nd] events on Sitno.
    Twist is broadcasting from Sitno at present thanks to a backup source with a weaker output and only from 0600 to 2300 [0500-2200 gmt].  According to Hryc, the broadcasting conditions are “fine for a state of war or following an earthquake, but not in time of absolute peace.”

“According to Hryc, it will be necessary to guard the transmitters before the elections,” ‘Sme,’ Bratislava, December 4, 1997

II.  STV to circumvent ban on privatization of its 2nd channel.

    The National Council of the Slovak Republic [NRSR] Culture Committee [on 26th November] dealt with the draft of a contract between Slovak Television [STV] and a co-producer on the lease of the second channel.  The draft has been obtained by some deputies but, since the front page and the last page are missing, they do not know whether the contract has already been signed and who the co-producer is.  Even Jergus Ferko, deputy chairman of the STV Council, was unable to confirm whether the contract has been signed.
    The idea of leasing out the second channel has been floating around ever since parliament approved a law banning the privatization of STV2.  There is talk about the [private Slovak TV company] Pro TV company, the candidate for the privatization of STV2, as a possible lessee.  Speaking to ‘Sme’ at the beginning of November, Pro TV manager M. Mistrik and STV spokeswoman L. Hulajova both described reports about the lease of STV2 and the signing of the pertinent contract as false.  According to the draft contract, programming for the second channel ought to be produced by the co-producer.  The programme produced by the co-producer ought to cover at least 10 but up to 24 hours of broadcasting time per day, while “the prime time between 1700 and 2300 hours will be covered under any circumstances.”  Income from advertising or sponsoring will be the co-producer’s income.  L. Harach (Democratic Union) pointed out that STV is voluntarily renouncing income from advertising in this case, even though it expects this income to drop further next year.  The contract is to be valid until 31st December 2003.

“‘Co-producer’ may seize control over STV2 as early as April 1998,” ‘Sme,’ Bratislava, November 27, 1997