Post-Soviet Media Law & Policy Newsletter


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

ARMENIA AZERBAIJAN BELARUS ESTONIA
ARMENIA 

I.  Journalists, public protest over TV censorship.

    A protest (a one-hour strike) by Armenian journalists in support of the rights of Tsvetana Paskaleva took place outside the Armenian president’s residence on 10th December.  The screening of a programme by this Bulgarian journalist, “My dear ones alive and dead,” on Armenian television was halted by a decision of the [TV] collegium on 27th October.
    The protest organized by Armenian journalist organizations was supported by about 100 demonstrators, mainly journalists and students.  The demands of the protesters were set out on their banners: “Mr President, return Tsvetana [Russian “tsvet” means colour] to black and white Armenian television!”, “Tsvetana is not a berry from the president’s patch!”[, and] “We have anti-Tsvetanamania here.  We are deprived of Tsvetana.”
    An appeal on behalf of the initiative group addressed to the executive staff of the president of the country was handed over.  In particular, it notes that the reasons why the heads of the national television decided to stop broadcasting the programme were unfounded and unconvincing.  In the view of the initiative group, the results of polls of specialists and viewers show that the programme had a high rating.  Those taking part in the protest action expressed the hope that the country’s president would intervene in the conflict; that Tsvetana Paskaleva’s programme would again appear on television screens; and that measures would be taken to stop attempts to infringe on freedom of speech in Armenia.
    The acting press secretary of the Armenian president, Levon Zurabyan, came out to see those taking part in the protest.  During a conversation with journalists, he expressed the view that none of the provisions of existing Armenian legislation had been violated by the national television management in the case of Tsvetana Paskaleva, and therefore the president will not intervene in the actions of this branch of the state media.  Zurabyan stressed that Armenian national television’s management had acted within its powers.  He stressed that Tsvetana Paskaleva and the director of the national television, Gamlet Gasparyan, are his friends, and therefore his personal opinion in this case is subjective.

Noyan Tapan, Yerevan, December 10, 1997



AZERBAIJAN 

I.  Group appeals for Turkic broadcasts to Iran.

    The chairman of the Turkic National Youth Organization, Vugar Beyturan, has sent an appeal to the chairman of the Azerbaijani State Television and Radio Company, Nizami Khudiyev.  The appeal says: Newspapers have reported your forthcoming official visit to Iran.  The report contained information about signing agreements in Iran on the resumption of Iranian TV broadcasts [in Azerbaijan] and the broadcasting of two hours of Azerbaijani TV programmes in Farsi in Iran.  Turkic nationalists are very concerned about this information.  I ask you to act from a national position as you usually do.  Azerbaijani TV programmes for the 35m Azeris of the vile Islamic Republic of Iran must be in the Turkic language and must not be censored, otherwise the broadcasting of Iranian TV should not resume.

‘Millat,’ Baku, December 9, 1997

II.  Reciprocal deal to allow Iranian output on AzTV.

    Azerbaijani State Television and Radio Company programmes will be broadcast in Iran, the chairman of AzTV, Nizami Khudiyev, has said.  He said that this agreement was reached at the joint meeting of the Iranian-Azerbaijani international economic commission.    Khudiyev said that at last the Iranian population will be able to get information about the economic and cultural processes taking place in Azerbaijan.  Moreover, the exchange of information between the two countries will develop.
    However, there is one point: the programmes will be broadcast in Persian.  Khudiyev said that they did not manage to reach agreement on broadcasting the programmes in Azeri.
    The broadcasting of Iranian programmes was stopped six months ago.  At that time Khudiyev said that the reason the programmes had been stopped was their anti-Azerbaijani position.  However, the Iranian embassy in our country said that it was due to technical problems.  It seems negotiations have changed many things.  Therefore, the broadcasting of Iranian programmes on AzTV will also soon resume.

‘Rezonans,’ Baku, November 29, 1997

III.  AzTV should broadcast in Azeri alone–paper.

By Fizuli Mahammad
Our TV still “forces” a foreign language into our homes
    The constitution of the Azerbaijani Republic says that the state language of this country is Azeri.  It is very important to maintain the state language at a high level and to develop it.  The mass media must play a specific role in this, particularly the Azerbaijani State Television and Radio Company. . . .
    A country’s national television should serve the state language.  People in Georgia and Armenia realized this in the 1980s.  However, even before this they rarely broadcast programmes in a foreign language.  Russian television has never broadcast in any foreign language and it does not do so now either.  Even though there are millions of people who know English, French, German and so on, all films are broadcast in Russian.  Turkish television does the same.  The same applies to Europe.  Every reader is well aware of what Azerbaijani Television [AzTV] does.  Children’s programmes are in Russian, film subtitles are in Persian, advertisements are in Russian and Russian phrases are heard all the time on the television. . . .
    I regard this issue as very important.  Therefore, I call on Azerbaijan’s Minister of Press and Information Sirus Tebrizli and all independent journalists to launch a crusade to eliminate foreign languages from AzTV and from announcements and advertisements on the streets! I recommend that this be included on the agenda and that the issue be debated in the Milli Majlis [parliament]! The country’s supreme legislative body should use its power and tackle the issue within its authority.  This motherland, this nation and this language are ours.  We are the ones who should care about them.

“National TV and the state language,” ‘Yeddi Gun,’ Baku, November 27, 1997

IV.  Conditions for allowing Azeri TV broadcasts in Iran.

    The deputy chairman of Iran’s state television and radio company and adviser to Iran’s culture minister told the Azeri newspaper ‘525 Gazet’ that previous agreements between Iran and Azerbaijan on TV broadcasting had not stipulated the broadcasting of an hour of Azerbaijani television in Iran, as this violated the Iranian constitution.  The head of Azerbaijani TV (AzTV) is to visit Iran in the next two months to discuss this issue in detail, but among the likely conditions for Azerbaijani TV programmes being broadcast on Iranian TV could be that they are in Persian, not Azeri, and that Iranian rules on how women presenters dress are observed.  The following is an excerpt from a report headlined “There is no need for an Azeri school in Iran” by the ‘525 Gazet’ newspaper; subheadings added editorially:
    An adviser to Iran’s culture minister, the deputy chairman of the state television and radio company, Ali Asghar Shirdust [name as published], who is an ethnic Azeri, has said that people do not need schools teaching in Azeri.
Iranian constitution does not allow foreign TV broadcasts
[Q]  How is the issue of broadcasting Azerbaijani and Iranian television in the two countries being dealt with?
[A]  In the name of God, the Compassionate, the Merciful! I have dealt with television issues during both this visit and my last one.  Under the cultural agreement between Iran and Azerbaijan, the Azerbaijani state television company is to broadcast Tehran television in exchange for some cooperation.  Recently broadcasts of these programmes have been cut off several times.  The issue of broadcasting Azerbaijani television in Iran was one of the unresolved issues in the negotiations between former Iranian President Hashemi-Rafsanjani and Azerbaijani President Heydar Aliyev which were held during Aliyev’ s visit to Iran.  Because the Iranian constitution does not allow the broadcasting of foreign television in the country, this issue remained unsolved even at a presidential level.  However, Heydar Aliyev promised to restore the broadcasting of Tehran television programmes in return for the Iranian president resolving a number of issues of importance to Azerbaijan.  The broadcasting of Iranian programmes resumed but was later stopped.  During my last visit I had meetings at the joint Azerbaijani-Iranian commission and with the chairman of the Azerbaijani state television and radio company, Nizami Khudiyev, and discussed this issue.  We have decided that Khudiyev will visit Iran within two months and we will discuss this issue in more detail.
[Q]  Will any document be signed during the visit?
[A]  Yes.  We have prepared a protocol.  I have to say that previous protocols contained no obligation to broadcast an hour of Azerbaijani television programmes in Iran in exchange for the broadcasting of Tehran television in Azerbaijan.  I said at the meeting with Khudiyev and his deputies that our documents (one of them was signed in 1991 by the chairmen of the Tabriz television company and the Azerbaijani company and the other was signed in Tehran in 1992 by the chairmen of the Iranian and Azerbaijani television companies) did not include such an obligation.  Khudiyev also looked at the documents and saw that there was no such condition.  However, we think that this issue is possible to resolve.  We agree on the conditions envisaged in the draft protocol.  For example, if a representative office of the Iranian television company opens in Baku we will also agree to the opening of an AzTV representative office in Tehran.  However, there are problems in the equal broadcasting of the two television companies.  First of all our constitution does not allow this.
[Q]  The Azerbaijani constitution also does not include the issue of broadcasting foreign television in the country?
[A]  Why, you broadcast foreign television programmes.
[Q]  They are broadcast on different channels, not on AzTV.
[A]  We also wanted to have our separate channel, however, we only managed to reach provisional agreement on one hour of programmes.  We are not against broadcasting documentary films and Azerbaijani cultural programmes on Iranian television regularly, even though to date there has not been a single foreign TV programme broadcast on Tehran TV.
Programmes for Iran should be in Persian
[Q]  Do you agree with the motives for stopping the broadcasting of Tehran TV programmes?  Do you admit that you propagate anti-Azerbaijani views?
[A]  No.  I do not admit that there was any such intent from the Iranian side.  However, if there was such a thing we are against that.  In general we do not see any evidence of this in these programmes.
[Q]  Do the documents which will be signed in Tehran envisage equal broadcasting?
[A]  The Azerbaijani side has this condition.  However, the option which could make Iran agree to that will be discussed in Iran.
[Q]  Under what conditions does Iran consider it possible to tackle this issue?
[A]  We could agree that programmes for Iran would be recorded and sent to us beforehand.  However, Iran would attach other conditions to this.  Our programmes for Azerbaijan are in your state language.  Therefore, your programmes for Iran must also be in our state language, Persian.  Moreover, our rules and laws must be followed in your programmes.
[Q]  Speaking about your rules and laws, you probably mean, first of all, the yashmak for women appearing on TV.  Then if an agreement is reached, will you agree to broadcast reports of official meetings from Baku?
[A]  Our condition applies to the presenter and correspondent, but not those in meetings.

‘525 Gazet,’ Baku, November 26, 1997

V.  Late “obscene” independent TV programmes banned.

    Broadcasting of the ANS independent television company’s night-time programmes, which are on air every Friday and Saturday after 2400 [2000 gmt], has been suspended for the last few weeks.  Apparently the initiative to ban the broadcast of the ANS independent television company’s programmes came from the Azerbaijani Information and Press Ministry.
    We contacted Information and Press Minister Sirus Tebrizli to find out about this.  He said broadcasting of programmes which violate our moral standards should not be allowed as such programmes have a strong moral and psychological influence on the growing generation and cause serious damage to a generation which is being brought up on the principles of healthy morality and national values.
    The information and press minister said that in order to prevent the broadcast of such abnormal programmes he had written to the management of the three independent television channels—ANS, NTV and Sara—requesting them to stop showing programmes which are not in keeping with our values.  He said that broadcasting obscene programmes can only create an unhealthy environment both in the family and in society and promotes the growth of crime and immorality.  Sirus Tebrizli therefore stressed the importance of observing the provisions of the press law and said: “Every nation has its own values and this aspect should certainly be taken into consideration.  The level of the political programmes presented by NTV and ANS are quite high and we need such programmes. But we do not need films and programmes which spread obscenity.”
    Asked by our correspondent: “Is it possible to combat TV broadcasts in our country by various means, including satellite dishes, and to combat the smuggling of video cassettes?”  Sirus Tebrizli replied that legislation could not keep up with life in a period when science and technology were developing rapidly.  He pointed out that not every family has a satellite dish and that foreign channels do not broadcast obscene films.  If someone wants to watch such films he has to pay a certain sum to specific channels.  The minister said: “Not every person has a video recorder either.  Furthermore, in many families the viewing of video cassettes by children is supervised by adults.  I would like to say that our action here has the support of both the population and the heads of NTV, ANS and Sara.”
    Sirus Tebrizli said that the showing of obscene films in cinemas and bars was not supervised and added that every responsible individual had to take a serious approach to this problem.

“When criteria are abandoned,” ‘Zaman,’ Baku, November 20, 1997


BELARUS 

I.  MPs approve media law amendments.

    The upper house of Belarus’s parliament on [20th December] approved amendments to the law on the mass media which independent journalists have described as violation of “ generally accepted international acts.”  The Council of the Republic endorsed the amendments, which the lower house passed on 17th December, after rejecting them on previous two occasions.
    Under the new version of the law, the founder of a newspaper, radio station, etc. which has been banned will be unable to set up a new newspaper, etc. for two years after the ban.  If a newspaper, etc., broke the new media law it could be suspended for up to three months by the founder, the authority that had registered it or the court.
    The law bans import, export and distribution in Belarus of any printed, audio or video material if it “contains information which blackens the honour and dignity of leaders of state bodies whose status is established by the constitution, if it fans social or religious strife, or if it calls for the overthrow of the state system.”
    The independent Belarusian journalists’ association responded with a statement which said the amendments the upper house passed differed little from the ones it had rejected before.  They “still contradict generally accepted international acts and can be used to limit freedom of the mass media and the rights of journalists,” the statement said.  Belarus’s political establishment “has officially admitted that it is against generally accepted mass media standards, is violating international commitments that it has made and is completely isolating the country from world civilization.”

Interfax news agency, Moscow, December 20, 1997

II.  Russian-Belarusian TV channel mooted.

    The proposal to set up a television channel to cover issues affecting the Union of Belarus and Russia faces several difficulties, the Moscow newspaper ‘Nezavisimaya Gazeta’ reported on 2nd December.  Apart from waning interest in the project, and difficulties over its funding, it was hard to predict where the necessary programming would come from, and there were unresolved issues about editorial policy.  Following are excerpts from the ‘Nezavisimaya Gazeta’ report; subheadings added editorially:
    The session of the Union of Belarus and Russia Executive Committee, which has been repeatedly postponed for various reasons for nearly six months, opens [on 2nd December].  . . .  One of the most interesting questions could be the organization of a television and radio company of the “union of two” submitted for discussion by the Executive Committee.
    The idea of creating a television channel which would cover problems of the Union of Belarus and Russia was voiced back at the period of nationwide discussion of the union documents.  The champions of the two states’ unification pinned their hopes at the time on ORT [Russian Public Television].  The fact that 51 per cent of shares in that television company belong to the state was cited as the main argument in favour of this choice.  But in practice it proved extremely difficult to implement this decision.  First, the 51 per cent of shares are spread across several blocks.  In particular the largest of them—36 per cent—belongs to the Ministry of State Property, the former State Committee for the Management of State Property.  Even if means had been found of persuading that department of the need to make this proposal, it was impossible to guarantee that the shareholders’ general meeting would pass a positive decision on the question of transforming ORT into a union television channel.
    Of course in theory it is possible to revoke and review the ORT licence for broadcasting on Channel 1 but, for understandable reasons, it is not feasible.  Secondly, the broadcasting of programmes on union themes instead of ORT programmes on the Russian television Channel 1, which is relayed to other CIS states, could be seen as the information expansion of the Union of Belarus and Russia in the post-Soviet arena.  Most probably, many republics of the former USSR would refuse to broadcast such programmes, which would accordingly lead to a reduction in the volume of Russian broadcasting to the CIS countries. Naturally, such a development would be disadvantageous above all to Russia.
Waning interest in joint TV channel
    At the same time, interest in the problem of organizing union television has not only not weakened with the creation of the Union but has been developed in the decision of the first and as yet only session of the Higher Council.  This document states: “Institute the television and radio broadcasting organization of the Union of Belarus and Russia on a 50-50 basis, extending to it the conditions of operation stipulated for the All-Russian State Television and Broadcasting Company [VGTRK].”
    In this connection a working group was created led by Sergey Shakhray, Boris Yeltsin’s fully empowered representative in the Russian Federation Constitutional Court, on the Russian side, and by Ivan Pashkevich, deputy head of the Presidential Staff, on the Belarusian side.  The developments in this direction have now acquired entirely specific outlines—a draft treaty has been prepared between the Russian Federation and the Republic of Belarus on a joint television and radio organization of the Union of Belarus and Russia, which it is planned to discuss [on 2nd] at the Executive Committee session and, if it is approved, to send for examination by the Higher Council.  . . .
Content and editorial policy issues
    It would be interesting to learn, and it is so far unclear, what content they intend to use to fill the programmes on the “Union of Two.” From the viewpoint of television journalism, creating a high-quality programme on the subject of integration which will attract a substantial audience seems virtually impossible.  . . .  Nor is it clear what the editorial policy will be if ethically complex issues arise.  . . .
Funding proposals
    According to the draft treaty, it is planned to finance television and radio broadcasting activity using funds from the Union budget and also the national budgets of Russia and Belarus.  The abovementioned working group has drafted an estimate of initial expenditure on the organization of television programmes which comprises about 200bn roubles and in October submitted it to the Russian Federation Ministry of Finance, at that time headed by Anatoliy Chubays.  The Ministry of Finance deemed these suggestions to be untimely and, however strange it may seem, confined itself to recommendations on the creative level.
    Indeed, on the scales of the Russian budget the sum of 200bn roubles is not that great.  But despite the fact that the two states intend to set up the television and radio company on a 50-50 basis, it is hardly possible to find even half that sum, considering the problems with the approval of the Russian budget for 1998.  The State Duma will not increase budget appropriations.  Nor should we count on the Union budget, which was drawn up without consideration for the creation of a television and radio company and which is planned to the sum of 650bn roubles.
    In all likelihood, the supporters of the idea of creating a union television channel are aware that difficulties could arise with the organization of the television and radio company.  So a search is under way for other methods of publicizing the union.
    Recently a meeting was held in Moscow at the Belarusian side’s initiative between Vasil Dalhalyow, President Lukashenka’s fully empowered representative in Moscow, and Boris Berezovskiy, during which there was a discussion of the possibility of ORT producing a weekly 20-minute programme covering the problems of the union.  According to well informed sources, Boris Berezovskiy “treated this question with understanding” despite the fact that “the Union is not in a position to pay for such services.”
    To all appearances, yet again the choice in favour of ORT was the result of objective reasons, such as the television company’s debts for broadcasting to Belarusian territory.

‘Nezavisimaya Gazeta,’ Moscow, December 2, 1997



ESTONIA 

I.  Alcohol adverts allowed on TV.

    Under the advertising law taking effect from January, Estonian television channels will be allowed to air drug and alcohol commercials under certain conditions.  The law bans completely the advertising of tobacco and sets restrictions on the advertising of alcohol and drugs, as well as ads targeting children.
    One of the world’s largest drug concerns, Bristol-Myers Squibb Upsa, will [on] 1st January launch an advertising campaign for the painkiller efferalgen on TV1, TV3 and Kanal 2.  Under the effective law on drugs, pharmaceuticals could be advertised and introduced only in medical publications.  The advertising law bans advertising of strong liquor in outdoor media, on television and radio in the daytime and in youth publications.  Under the law, repeated violations carry a fine of up to 100,000 kroons.

BNS news agency, Tallinn, December 30, 1997

II.  TV rights dispute over “Home and Away.”

    Two TV channels, the public-service ETV and the private TV1, are exchanging accusations over the broadcasting rights of the Australian series “Home and Away.”  The series was so far broadcast by ETV, but TV-1 purchased the airing rights for 1998.  The change will take place in March.  ETV director-general Toomas Lepp announced that the station had informed the distributor company Primetime of its interest to extend the airing agreement on 3rd November, but had received an answer that another Estonian station had bought the rights for a higher sum. . . .
    Lepp also commented that TV-1 owed more than 28,000 dollars to Warner Brothers, according to a fax sent to ETV.  TV-1 programme manager Juri Pihel announced that the fax had been sent to ETV due to a mistake.  Warner Brothers have informed ETV that the report of a debt had been a mistake and have threatened a court case if ETV should continue to spread the false information.
    TV-1 has further problems with its satellite broadcasting as it does not meet the requirements of the broadcasting act.  The Culture Ministry licensing commission is considering taking measures against the station.  TV-1 is broadcasting an uncoded signal, which makes the programme practically nationwide, although the licence had been issued only for regional broadcasting.  Pihel has claimed that the signal will be coded from early January. ETA news agency, Tallinn, December 30, 1997

III.  Broadcasting council limits rights of TV and radio heads.

    The Broadcasting Council will amend the constitutions of both Estonian Radio and Estonian Television [ETV].  Here is Tanel Talve to explain why.
[Talve] Paul-Eerik Rummo, the chairman of the Broadcasting Council, stated that one to three days before Toomas Lepp, the incoming ETV director-general, took up his post, the outgoing director general, Hagi Sein, concluded employment (?contracts) with [break in reception] members of the board, in line with which they have to be paid compensation amounting to over 600,000 kroons in total.  In addition, there are similar agreements concluded between Rait Killandi, the outgoing ETV’s advertising department’s head, and his staff, who are leaving, amounting to over 170,000 kroons in total.  ETV will have to pay over 1m kroons, including bonuses and social tax, to the staff leaving at their own request. . . .
[Rummo] The Broadcasting Council finds that Hagi Sein and other members of the outgoing management have thus seriously damaged the reputation of the public service media and seriously damaged ETV’s reliability as a just critic of wrongdoings in society.  Together with organizational restructuring, a serious self-cleansing must take place at ETV.
[Talve]  At the same time, Rummo had to admit that when Sein was concluding the agreements, he did not violate any existing laws. . . .
    The Broadcasting Council will amend the constitutions of both Estonian Radio and ETV by transferring the concluding and amending of employment contracts from the sole remit of the director-generals to the council, who will henceforth supervise this.
[Rummo] . . .  This is a brutal step on our part in respect of the new director-generals and may send a completely erroneous signal to the public that, having just appointed new director-generals, we no longer trust them and tie their hands with an absurd additional clause in their employment contracts, but a proposal to this end has come from the director-generals themselves and we think that this is the step we have to take.
    Next, we will request that the Broadcasting Council’s opportunities to observe what happens at ETV and Estonian Radio are increased in the new broadcasting law, which is being drafted.
[Talve]  Paul-Eerik Rummo emphasized that the Broadcasting Council will have a say only in regard to employment contracts for Estonian Radio and ETV’s management.  He sees no increase in political supervision at these establishments.

Estonian Radio, Tallinn, November 24, 1997

IV.  Ship-based TV Zoom says it will not operate illegally.

    A new competitor, TV Zoom, is about to enter the Estonian television market.  Contrary to other television stations, neither the [Estonian] law on advertising nor on copyright will apply to TV Zoom, since the station’s transmitter will be located in neutral waters in the Baltic Sea where Estonian laws do not apply.
[Correspondent Indrek Treufeldt] There are still those for whom the Estonian television landscape is sparsely populated, and TV Zoom will begin with big money.  A mysterious Monaco investor will put over 3m dollars into the project and another 1.1m dollars during its first year [of operation].  Based on such funding, one could speak about it being the second television channel in Estonia after Estonian Television.
    However, the new television station will have one peculiarity: its transmitter will be in the middle of sea.
[Kaur Hanson, shareholder of the Zoom advertising company] Broadcasts will go on air outside Estonian territory and that means that we will be able to avoid a large number of requirements set down by law for television programmes broadcast in Estonia.
[Correspondent] And so, the television station wants to avoid Estonian requirements: there will be no need to produce any original programmes, alcohol and tobacco may be advertised and copyright can be ignored.  . . .  TV Zoom will be like a pirate station.
[Joel Sarv, TV Zoom’s director-general] We would not want to describe ourselves like this.  . . .  I would still like to emphasize the fact that we will not be operating illegally.  That is, we will be operating within the framework of the laws of the country where our broadcasting board is located.
[Correspondent] The television project, which has announced itself in such an unexpected way, seems so implausible that one would suspect a cleverly constructed advertising scandal not based on reality.  The telecommunications inspectorate, however, is forecasting an international scandal.

Estonian Television, Tallinn, November 11, 1997

V.  Official sees planned TV Zoom as “scandal.”

    Broadcasting from outside a country’s territory, as planned by TV Zoom, will result in an international scandal, Juri Joema, the director-general of the [Estonian] telecommunications inspectorate, has said.  For the countries that have joined the convention of the [International] Tele-communication Union, broadcasting from outside the national broadcasting area has been ruled out, according to Joema.  Nearly 190 countries have joined the convention, including Estonia and Monaco, one of the participants in the planned TV Zoom. Administrative rules resulting from the convention ban any broadcasting from beyond national territories.
    The new TV station has promised to broadcast an Estonian-language programme from a ship in international waters in the Gulf of Finland from May next year.
    [Finnish radio reported on 12th November that TV Zoom would broadcast from international waters and that the ship would be registered in a country which had not joined the Bern copyright agreement.  The satellite and cable broadcasts of the station would in practice be visible in the whole of Finland and Estonia, the radio said, adding that the main shareholder of the channel was an investment company in Monaco.]

YLE radio, Helsinki, November 12, 1997