Post-Soviet Media Law & Policy Newsletter


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

RUSSIA

I.  Pornography Bill Moves Ahead.
II.  The Duma's trying to change the law on the media.
III. Head of Gazprom-media explains goals.
IV. Official reacts to Duma decree on TV regulation.
V.  NTV Group reorganized.
VI.  Parliament restricts TV coverage of elections.
VII.  Chelyabinsk authorities wage war against local paper.
VIII.  Russian TV worried about Duma threat to ban adverts.
IX.  Radio Russia head comments on future plans.
X.  Russian paper reports on media “crackdown.”
XI.  Radio and TV law "rules out public TV," says academic.
XII.  Russia TV head comments on state's influence.




I.  Pornography Bill Moves Ahead.

By David McHugh
    The State Duma moved ahead [on 16th January] with a controversial pornography bill that would legalize but closely regulate Russia’s flourishing trade in erotic materials.
    The lower house of parliament voted to approve the bill on second reading by a vote of 226—one more than necessary—to 104.
    Pornography, banned under communism, currently is illegal under Russian law, which defines it as “products of a sexual character that include detailed depiction of the anatomical and/or physiological details of sex.”  Nevertheless, hard-core pornography is sold freely in Moscow sex shops, and street kiosks’ windows are stacked with soft-core videos.
    The bill, which opponents say is too permissive, focuses on “material of a sexual nature,” which is defined as “depiction or description of sexual activity that serves to satisfy sexual attraction.”
    Sale of such material would be legalized, but would be subject to potentially expensive licensing and could be sold only at government-approved locations, which could not be in schools, residential, government or historical buildings or in street kiosks.
    The bill’s sponsor, nationalist film maker Stanislav Govorukhin, said a more restrictive law would only make black marketeers rich.
    “We have studied the situation on the black market and the experience of other countries,” Govorukhin said.  “Do not take the path of prohibition.  Do not activate the black market, which is already flourishing, but strictly limit it and put it under state control and take the income from the black market and put it in state coffers.”
    The bill would: permit erotic films on television from 1 a.m. to 4 a.m., sanctioning a practice that already exists on private television, which sometimes shows soft-core films during those hours.
    The bill completely bans material depicting sex involving children, violence, the dead or animals.
    It would not appear to restrict mainstream publications like Playboy magazine and Speed Info, which are registered as lifestyle publications under current law.  Playboy is published in Russia by Independent Media, parent company of The Moscow Times.
    Rulings on what is covered by the law are left to the executive branch of the government.
    Opponents said the law isn’t restrictive enough.
    Communist Deputy Tatyana Astrakhanskaya argued for a ban on erotic content, saying it would en courage the growth of a domestic pornography industry that would undermine Russia’s social fabric.
    “We must understand that this is not about isolated, perverted dancing in some nightclub,” she said.   “This has never existed in Russia.  Society has not developed a defense mechanism, and if we give this monster the green light, the consequences will be very grave.”
    Several dozen conservative Orthodox Christians demonstrated against the law outside the Duma, holding icons and singing.
    Nationalist Vladimir Zhirinovsky spoke out in favor of the bill, saying that the 75-year ban on pornography under communism had led to broken marriages and sexual dysfunction.
    Communist Deputy Yury Nikiforenko convulsed the gallery with a double-entendre reference to deputies’ legislative or sexual abilities: “This bill is highly significant, and the people will judge who is capable of what in the Duma,” he said.
    To become law, the bill must pass on third reading.  Then it must be approved by the Federation Council, parliament’s upper house, before going to President Boris Yeltsin to be signed into law.

The Moscow Times, January 17, 1998

II.  The Duma's trying to change the law on the media.

    Yesterday the Duma passed the first reading of the draft law on inserting changes into the federal law on the media.  In accordance with it, a journalist may have accreditation revoked for distributing information which does not accord with reality which discredits the reputation of the organization which provided the accreditation, or if the journalist has mis-used the rights the accreditation provides, so long as this fact is confirmed by a court.  However, the editorial board, chief editor, and journalist do not bear responsibility for distributing such information if it is a quote from one of the MPs in session or in a speech at some other function, or from an official speech of a leader of a state institution, an organization, or a public organization.  The editorial board and the journalist are similarly not responsible if the information is a quote from information or materials distributed by other media.

Kommersant-Daily, Moscow, January 15, 1998

III.  Head of Gazprom-media explains goals.

    Viktor Ilyushin, the head of the media holding of the gas monopoly Gazprom, says Gazprom-Media will intervene in the editorial policy of media outlets it partly owns or finances.  In an interview published in “Kommersant-Daily” on 13 January, Ilyushin explained that Gazprom is “not indifferent as to who will govern the regions, who will pass laws, and what kind of government we will have.”  Asked why Gazprom created a subsidiary to manage its media assets (see “RFE/RL Newsline,” 29 December 1997), Ilyushin said that “we should legalize our conjugal relations with certain mass media.  We have had friendly relations, but you don’t get far today on friendship alone.”  “Kommersant-Daily” reported that the main task of Gazprom-Media will be to support a presidential bid by Prime Minister Chernomyrdin.  In addition, Gazprom-Media is compiling a database of all Russian journalists. LB

RFE/RL NEWSLINE, Vol. 2, No. 8, Part I, January 14, 1998

IV.  Official reacts to Duma decree on TV regulation.

    Text of State Duma Decree No 2028 “On State Regulation of the Activities of the NTV [Independent Television] Television Company and Other Non-State Television and Radio Companies,” dated 19th December 1997, Moscow, and signed by G.N. Seleznev, chairman of the Russian Federation Federal Assembly State Duma; followed by commentary by Igor Shabdurasulov, head of the Russian Federation government’s Culture and Information Department, entitled “Deputies do not like NTV.  But where does the government come in?”; published by Moscow newspaper ‘Rossiyskaya Gazeta’; subheading as published:
    In order to stabilize the social and political situation in the Russian Federation, domestic television is called upon to reflect the opinion of political, religious, ethnic and other groups of the population and create the requisite conditions for the preservation of ethnic culture.
    But the NTV television company is pursuing an active policy of blowing up conflict situations and stirring up political confrontation in society.  Lies and distortion of the facts are used to manipulate public opinion.  Abusive language has become the norm in television programmes.
    Contrary to the traditions and customs of the peoples of the Russian Federation, the NTV television company continues to produce and purvey erotic and pornographic material unchecked.  Believers’ religious feelings are being patently ignored and efforts are being made to set Russia at loggerheads with its immediate neighbours.
    For the purposes of state regulation of the activities of the NTV television company and other non-state television and radio companies, the Russian Federation Federal Assembly State Duma decrees that:
    1. The Russian Federation government be recommended to:
    - step up monitoring of the NTV television company’s and other non-state television and radio companies’ compliance with the terms of broadcasting licences, and impose tough sanctions on those who contravene the aforementioned terms;
    - review the terms of the contract with the NTV television company with a view to establishing new, higher tariffs for relaying signals via state radio relay transmitting centres;
    - devise normative legal acts making it incumbent on the relevant federal executive authorities, when issuing broadcasting licences, to conclude contracts with television and radio companies making it incumbent on them in their work to take account of ethnic traditions; when drawing up the broadcasting network, maintain the ratio between domestic and foreign works of art and culture (songs, musical works, films), giving priority to Russian culture; following international practice, show concern for Russia’s integrity and security;
    - conclude similar contracts with all television and radio companies currently operating on Russian Federation territory;
    - strictly monitor non-state television and radio companies’ observance of the norms of Russian Federation legislation.
    2. The State Duma Committee on the Budget, Taxes, Banks and Finance and the State Duma Committee on Information Policy and Communications are to devise a draft law regulating the taxation of non-state television and radio companies.
    3. The State Duma Committee on Information Policy and Communications is to be instructed on the basis of this decree and Russia Federation legislation to devise a draft law, including on additional grounds for revoking a non-state television or radio company’s broadcasting licence, and submit it to the State Duma for its consideration.

G.N. Seleznev,
Chairman of the Russian Federation
Federal Assembly State Duma.
Moscow, 19th December 1997.
Commentary
    We asked Igor Shabdurasulov, head of the Russian Federation Government Culture and Information Department, to comment on the State Duma decree “On State Regulation of the Activities of the NTV Television Company and Other Non-State Television and Radio Companies.”
    “First of all, I would like to stress that this document is recommendatory in nature,” Igor Vladimirovich said.  “It merely reflects the State Duma’s position on this question, but will not have any legal effect.  The second fundamental point is that there is a Law on the Media currently in operation here.  Certainly it can be said that it has certain shortcomings and needs to be adjusted, but this law is highly relevant.  It is a clear enough statement of the principles of relations between the authorities and the media and those aspects that are discussed in this State Duma decree.
    “That, basically, is the only comment to be made.  If for various reasons existing legislation, say, does not satisfy the State Duma deputies, then legitimate steps should be taken—making amendments to existing legislation through the adoption of relevant federal laws or amendments to them.  When that kind of approach is adopted there will be grounds for discussion and debate at the parliamentary level and at the level of the executive authorities.  But if there are no amendments, if amendments have not been submitted for consideration as a draft law, then what is there to discuss?  The moral and ethical aspect?  I do not deny that television broadcasting programmes can and must be discussed from this viewpoint.  But there are other ways of doing this: conferences, roundtable, debates.  But this is not a lawmaking matter.
    “As for the decree part of the document, I do not believe it is entirely proper either.  The Russian Federation government is recommended to ‘monitor non-state television and radio companies’ observance of legislative norms.’  Pardon me, but we have the General Prosecutor’s Office and other oversight organs for that.  Or take another passage—’step up monitoring of the NTV television company’s compliance . . .  [ellipsis as published] with the terms of broadcasting licences and impose tough sanctions on those who contravene the aforementioned terms.  ‘The licence clearly stipulates what a television company is entitled to do and what it is not entitled to do.  There have been instances of contravention—there are grounds for examining them at the Broadcasting Commission or at the Federal Television and Radio Broadcasting Service.  If the deputies do not like the existing licensing system, then they have the authority, after all, to suggest changing the licensing terms or tightening up the demands on broadcasters.  But again not in the realm of political or aesthetic statements, but as provided for by legislative procedure.
    “‘The State Duma Committee on the Budget, Taxes, Banks and Finance and the State Duma Committee on Information Policy and Communications are to devise a draft law regulating. . . .’  [ellipsis as published]—this is the start of point No 2 of the Russian Federation State Duma decree.  Who would object to that?  It is within the legislators’ terms of reference and it is a precise and proper statement.  I could say the same about the third point.  If the decree were all in the same vein, then certainly there would be grounds for substantive comment and for a serious discussion of the role and place of the electronic media in a democratic society.  But for more than two years now the State Duma has been preoccupied with a draft law on television and radio broadcasting, and it is there that all the nuances over which there are political flare-ups from time to time are regulated.  If this law had been adopted, there would be no need to adopt decrees that are mere declarations.”

‘Rossiyskaya Gazeta,’ Moscow, January 9, 1998

V.  NTV Group reorganized.

    [On 10th December] Igor Malashenko briefed the press on a new media project—NTV-Holding.  He has become its head, having quit the chairmanships of NTV [Independent Television] and NTV Plus, posts which he had held since those television companies were founded.
    NTV-Holding is actually part of another holding company—Media-Most.  NTV-Holding is an amalgamation of virtually all the parent holding company’s “non-publishing” companies, and also of new structures in whose creation NTV has been involved.
    In other words, the NTV-Holding closed joint-stock company includes: NTV (the fourth national channel), NTV Plus (six satellite channels, including the Nochnoy [Night-Time] channel and the recently created Detskiy Mir [Children’s World] channel), TNT (a regional television network which starts broadcasting on 1st January 1998), the Ekho Moskvy radio station, Bonum-1 (the satellite communications operator), NTV-Design and NTV-Profit (film production and rental companies respectively), and also the recently created NTV-Kino company, which specializes in purchasing and producing television output, and is headed by Vladilen Arsenyev, a founder-shareholder of the NTV television company.
    Thus NTV-Holding is one wing of Media-Most.  The other wing is the Sem Dney [Seven Days] publishing house, led by Dmitriy Biryukov.  In fact, the new holding company is a managing company.   And, as its General Director Igor Malashenko explained, “only in name” does it hold the shares of its constituent companies, whose controlling stakes still belong to Media-Most.  So nothing has changed.   The boss is the same.
    So why was this reshuffle necessary?  Malashenko offered journalists at least two reasons.  The first is internal.  The Russian television advertising market is predicted to grow next year.  The Media-Service Video International agency estimates that advertising on the central channels alone was worth about 100m dollars in 1997, and in 1998 it is predicted to grow by 25-30 per cent.  And this allegedly makes it necessary to prepare for a war over advertising budgets.
    The second reason is external.  A worldwide process is under way whereby “multimedia groups embracing all the mass media are being created,” and naturally NTV cannot afford to be left behind.  It is hard to disagree with this assertion, especially when you recall how the other players in this business are building their own media empires with no less determination than the Most group has shown.  The assembled leaders of all the amalgamated companies (they will rarely be seen altogether at the same table) bore a strong resemblance to Central Committee members at a presidium meeting.  It was a thoroughly effective act of deterrence.
    The NTV television company’s number one is now Oleg Dobrodeyev, former vice-president and head of the news service.  True, his post is not “chairman” but general director of NTV.  Second to him at NTV will now be Yevgeniy Kiselev.  He has become chairman of the television company’s board of directors, which has just been created officially, having existed unofficially for a long time.
    The arrival of a new boss usually brings changes in a channel’s content.  Dobrodeyev did not promise any major revolution: “Television does not really like radical changes.”  That is true.  But quiet changes certainly do take place.  The new general director admitted to ‘Russkiy Telegraf’ that he does intend to make some changes to NTV’s broadcasting schedule—first and foremost to its night-time broadcasting.    “Segodnya” will be expanded, and the late evening news will be broadcast slightly later.  And most importantly, “Playboy” will disappear.  Only time will tell who is next in line.

“Malashenko leaves NTV for NTV-Holding,” ‘Russkiy Telegraf,’ Moscow, December 11, 1997

VI.  Parliament restricts TV coverage of elections.

    Reports have come in from Kiev [on 4th December] about the start of a new scandal in the election campaign.  This time it is the Ukrainian electronic mass media which are in the centre of attention.  Over to our correspondent Mikhail Kukin:
[Correspondent] Judging by everything, the struggle for seats in the future Ukrainian parliament has reached the stage when it is time for the most powerful weapons to be brought into battle.  And since the politicians continue to regard television as such a weapon, a new war has broken out around it.
    Unexpectedly for many, the existing Supreme Council adopted a law in accordance with which participation in the election campaign will be forbidden to television stations, more than 10 per cent of whose charter capital is made up of foreign investments.  It must be said that virtually all the republic-wide broadcasters fall into this category, apart from the State National Television Company.
    However, commentators immediately caught on that the authors of the wise decision fear not so much pernicious foreign influence as their own political opponents.  For example, President Kuchma’s team clearly stands behind the highest-rated studio 1+1, which, incidentally occupies prime time on the second nationwide channel.  The Inter television channel—which inherited the frequencies of the switched off ORT [Russian Public TV], and which was partially founded by ORT—is called the social-democratic channel.  This party’s election list includes, apart from Inter’s leader Oleksandr Zinchenko, the former prime minister Marchuk and former president Kravchuk.  It is no surprise that the party leader did not support his parliamentary colleagues.
[V. Onopchenko, chairman of the United Social-Democratic Party of Ukraine] I think that the president should impose a veto on this law and that parliament will not overrule the veto.  I think that this would be the normal approach.
[Correspondent] By the way, the executive structures are in no hurry to follow the abovementioned decision of the deputies nor another one on granting airtime on that same second channel to the new Ukrainian public television HURT, particularly since it does not even have a broadcasting licence.

Russia TV channel, Moscow, December 4, 1997

VII.  Chelyabinsk authorities wage war against local paper.

    The Chelyabinsk Oblast authorities have tried to throw the employees of the Delovoi Ural newspaper out of their offices, claiming that they do not have a lease.  The workers at the newspaper, however, charge that the administration is trying to crack down on them because the newspaper has published articles critical of the administration.  On 2nd December the administration tried to prevent the paper’s staff from entering their offices, but the journalists and their defenders successfully opposed the operation.  Since December of last year, when Governor Peter Sumin came to power with Communist backing, Delovoi Ural has been one of the few papers to print articles critical of him.  The paper is controlled by Vasilii Kichedzhi, the general director of the Chelyabinsk Tractor Factory.  Kichedzhi defeated the administration in a recent dispute over restructuring the plant’s debt in which the administration wanted to impose external managers.

‘Kommersant Daily,’ Moscow, December 4, 1997

VIII.  Russian TV worried about Duma threat to ban adverts.

    The State Duma is once again beginning to take an interest in our television company—this time through the mouth of the chairman of the Duma committee for information policy [and communications], Mr [Oleg] Finko, who voiced the idea of adopting a law banning advertising on our channel.  Mr Finko is convinced that such a decision would have absolutely no effect on the financial position of the company because the deputies would scrape together the necessary funds from the budget.
    The chairman of our company, Nikolay Svanidze, said diplomatically that what lies behind the intention of putting through a draft law banning advertising is either the desire to stifle state television or else total ignorance of the matter.  Svanidze has to choose his words carefully.  His post makes this necessary. However, if one calls a spade a spade, a ban on advertising would inevitably lead to the complete bankruptcy of the VGTRK [All-Russian State TV and Radio Broadcasting Company] and undoubtedly to its subsequent conversion into a joint-stock company.
    Judge for yourself, if there is no money—and there will be no money in the budget— then there will be no quality.  If there is no quality, the price of advertising will go up—on other channels.  If Russia TV is ruined, it will be bought cheaply by businessmen, and probably with money earned by advertising on other channels.  If the deputies can defeat this rather primitive logic, let them introduce the ban and try to find the money in the budget.  It seems to us that if some small amounts can be found there, it would be better to give it to, for example, the doctors.
    For now our bulletin, which has to a large extent been made with money from income from advertisements, is coming to an end. Next comes the sport and weather.  After the advertisements.  See you tomorrow.

Russia TV, Moscow, November 26, 1997

IX.  Radio Russia head comments on future plans.

    On the eve of its seventh anniversary, Radio Russia is in a process of renewal.  This is logical.
    What was interesting seven, possibly five, years ago, nobody wants today.  At least, this is the opinion of Radio Russia’s new director, Aleksey Abakumov.
    As usual, a new programming schedule has been prepared, that is, what radio listeners actually will hear.  The broadcasting time has been cut—and in fact, the audience during the night is too small while expenses are large, so now Radio Russia will be on from 0500 to 0100.  Its audience is the entire country, and there are programmes that are broadcast in all regions at the same real time (first of all, news), while some broadcasts go through Orbitas [rebroadcast stations] and thus come on at 1100, whether in the Far East, the Urals or Moscow.  The new schedule envisages a four-hour “step.”  What does this mean?  Two hours will be reserved for live “cluster” broadcasts—information, socio-political, musical and factual programmes consisting of short reports, news, interviews, commentaries and short features. . . .  The two-hour slot will have room for sports news, weather and music.
    The revamped Radio Russia will broadcast a wide range of music.  This means classical music—both Russian and international, popular jazz and pop music.  The only restriction is that the music should not be too complex, since its purpose is decorative; on the other hand, it should not transcend the boundaries of good taste.  In any case, some performers who cannot hit a note will not be welcome at Radio Russia.
    “Radio Russia,” says Aleksey Abakumov, “which had a great start in 1990 and was going quite strong in 1993, has now become the All-Union Radio in its worst traditions—cumbersome, slow and uninteresting to most.  It is already lagging behind real life.  Our task is to make broadcasts more topical, dynamic, more saturated with information.  This does not mean that presenters will start talking fast.  It is just that we will try to talk about things in a more involved way. . . .
    “Our other task is to attract, and interest, socially active sectors of the population in the country.  Right now, alas, Radio Russia’s audience is elderly ladies, housewives and pensioners.  Middle-age people sometimes tune in to our news, but overall, Radio Russia is not for them.  We will try to attract their attention, too.  We plan to preserve the ideas and experience Radio Russia has in the area of literature and arts, educational and musical broadcasting. . . .
[Q] Will Radio Russia get new presenters?
[Abakumov] Yes.  We started the reorganization with personnel cuts, since over the seven years of its existence our radio has not only grown but also accumulated some fat.  Of the 350 staff members, 290 remain.  The people we fire are not necessarily bad professionally—on the contrary, some are talented people, but they were good within the framework of the old school.  Among the new presenters is Dmitriy Gubin.  He is from St Petersburg, has a lot of experience in newspaper and magazine commentating.  Vitaliy Ushkanov used to work at Radio Russia and then moved on to television.  He is coming back now.
[Q] What changed in Radio Russia’s functioning with the demise of Radio 1?
[A] Radio 1 was closed by presidential edict.  In keeping with this document, we were supposed to receive some Radio 1 transmitters; we have sent an inquiry to this effect to the Federal Television and Radio Broadcasting Service, but have not yet received a reply.  In keeping with this edict, radio channel 1 is to be reserved solely for Radio Russia.  Unfortunately, this is not being complied with.  In some regions we are overlaid by local television and radio companies on channel 1, despite the fact that channel 3 is reserved for them; in some places, we are overlaid by commercial and even foreign radio stations, and sometimes this is happening in prime time! We are willing to look for compromise solutions to solve this sensitive and difficult problem.

‘Rossiyskaya Gazeta,’ Moscow, November 21, 1997

X.  Russian paper reports on media “crackdown.”

    Not only political parties but also the news media in the republic have been persecuted since the start of the inter-Tajik confrontation. More than 30 independent publications have ceased their activity, more than 100 journalists have left the country, fearing a crackdown, and more than 40 journalists have died.
    Now, when the process of a peace settlement is gaining momentum and the accords, whose achievement took the parties five long years, are being implemented, the question of the objective coverage of events in the republic by the local news media remains, as before, open.
    The republic’s Ministry of Culture and Information has ordered a temporary suspension of the activity of independent television stations that do not have a current licence.  A government body that is to formulate the procedure for obtaining such a licence has still not been formed in the country.  Seven television stations have been shut down in Leninabad Oblast and Tursunzadevskiy District “for technical reasons.”  Several radio stations, which, as an employee of one of them who wished to remain anonymous observes, do not broadcast news “in order not to create needless problems,” have been broadcasting periodically since mid-September.
    Meanwhile, the one-sided information feed in the local newspapers and on radio and television channels, especially against the background of the process of national reconciliation that has begun, is giving rise to concern, not only on the part of a number of international organizations that have been engaged in the course of this process but also of members of the OTO [United Tajik Opposition] on the National Reconciliation Commission that has commenced work in Dushanbe.  It is for this reason that the commission has opened its own press centre.
    Holly Cartner, executive director of Human Rights Watch/Helsinki, declared, in turn, that “the main provisions of the peace agreement have a direct bearing on the freedom of the news media, which is of decisive importance not only for social mutual understanding in the process of the establishment of peace but also for the building of a civil society.”  “Complaints have been received by various international organizations from citizens of the republic recently about the fact that the local news media are failing to cover the activity of the National Reconciliation Commission and, even more, to transmit information on the recent combat operations and numerous acts of violence,” Ms Cartner observed.  This means nothing other than the authorities’tight control over the news media in Tajikistan.
    This organization has also disseminated a statement which welcomes such an initiative, but is at the same time worried by the lack of information in the period of the peace process.  Human Rights Watch/Helsinki is afraid that such closures—allegedly “for technical reasons”—are the first steps that lead to curbs on political activity.  The statement notes particularly the incident involving the weekly ‘Istiklol’ (Independence)—the organ of the Oli Somon nongovernmental organization.  The management of the government-controlled printing firm received an order to discontinue printing the newspaper.  In the opinion of an employee of the paper, such actions are the result of a number of articles published: an appeal to the nation by National Reconciliation Commission Chairman Said Abdullo Nuri and an interview with Davlat Usmon, chief of staff of the OTO, who criticized the present government for its failure to include all political forces in the peace process.  Human Rights Watch/Helsinki calls on the government of Tajikistan to respect the commitments concerning freedom of the press and speech that it has assumed, in accordance with the constitution of the republic and international law.

‘Nezavisimaya Gazeta,’ Moscow, November 21, 1997

XI.  Radio and TV law "rules out public TV," says academic.

    The state of freedom of speech in Russia corresponds fully to European standards.  However, Russian media laws do require improvement.  This conclusion was reached by participants in the seminar “The Mass Media in a Democratic Society” which ended [on 20th November].  The seminar, which was organized by the Council of Europe and the Judicial Chamber on Informational Disputes attached to the Russian President, was attended by authoritative Russian and international experts, and also representatives of regional Russian media. . . .
    The last day of work of the seminar was devoted to the problem of legislative regulation of TV and radio broadcasting and public control in this area.  The dean of the Moscow State University journalism faculty, Yasen Zasurskiy, who spoke during the discussion, believes that the law on TV and radio broadcasting developed by the Duma effectively “rules out the existence in Russia of public television, leaving television in the hands of the state and of private broadcasting companies.”  In his opinion, it does not solve the problem of the creation of supervisory councils on the All-Russian State TV and Radio Company and Russian Public Television.  As well as representatives of the state, members of both houses of parliament will join these bodies.  However, if that is the case, Zasurskiy believes, “there will be no question of public control.”
ITAR-TASS news agency (World Service), Moscow, November 20, 1997

XII.  Russia TV head comments on state's influence.

    Nikolay Svanidze, chairman of the All-Russia State TV and Radio Company (VGTRK), in an interview with Russian Ekho Moskvy radio, spoke about the possible composition and role of the supervisory councils that are to be appointed to supervise Russia TV and Russian Public TV (ORT).  He said they should include representatives of both chambers of the Federal Assembly, the government, the presidential administration and social and cultural organizations, and “perhaps just personally respected and authoritative Russian cultural figures.”  On the subject of television coverage of the State Duma’s activities, Svanidze said he would take ultimate editorial responsibility for the content of the “Parliamentary Hour” programme, and there would be “cooperation” between Russia TV and the Duma in the programme’s production.  Following are excerpts from the interview with Nikolay Svanidze, broadcast by Ekho Moskvy radio; subheadings added editorially:
    Our guest Today [28th October] is the chairman of the VGTRK [All-Russia State TV and Radio Company], Nikolay Karlovich Svanidze.  Good afternoon.
[Svanidze] I would say good evening.
[Q]  It is afternoon for some, evening for others but in any case, I think night is now falling for the VGTRK.  The prime minister has recommended, that is, he has given instructions in line with the legislation on the mass media, together with representatives of the Federal Assembly, that the president’s decision should be implemented.  Firstly, on setting up observers’ or trustees’ councils—or whatever they are going to be called, it’s not quite clear yet.  Who should they include?  This is my first question—your view, Nikolay?  Secondly, on increasing time for presenting Federal Assembly deputies, let’s put it like that.
Possible role of supervisory councils
[A]  Yes, well, firstly on the subject of night, I would say that it is more like a dull morning.  There is no reason to think that the topic should be that impenetrable.  And this is why: I do not see any universal catastrophe in the decision to set up the councils, the name of which I do not yet know.   .  .  .
    The important thing is not the name, it is their function and their membership.  The membership.   They must include representatives of both chambers of the Federal Assembly.  They must include representatives of the government and the presidential administration and social and cultural organizations, perhaps just personally respected and authoritative Russian cultural figures.
[Q]  Nikolay, how large do you see this council being?  How many people do you think would be necessary for the trustees’ work?
[A]  I think that up to 15 people would be optimal for work.
[Q]  How should it be formed?
[A]  I think this will take place spontaneously, actually.  There will be talks here at the VGTRK, in the first instance it is I who will have talks with representatives of the Federal  Assembly and, of course, with representatives of the other branches of power, and we will reach a conclusion in this way on who should be on the council.  I do not think that talks on the members of these councils will be very difficult.  There does not seem to be any sense of impasse here.  It is more probable—I fear although I do not believe that this will happen either—that difficulties may arise in determining the functions of the council.
[Q]  Let’s talk about what functions you see for this council since it is proposed to set it up soon.  What would you want from this council?
[A]  I would like a trustees’ council to perform the function of a trustee and advise.
[Q]  How do you understand the word trustee?
[A]  I see a trustee purely as giving help, first and foremost.  Mainly.  Help needs to be given.  . . .
History behind the demands for supervisory councils
[Q]  You understand quite well that the very emergence of the trustees’ council, the very idea of a council, arose as a result of honest confrontation, severe confrontation, as it were, between the legislative and executive authorities where the majority in the State Duma levelled accusations against the government and the president and the state channel that the state channel only reflected the views of the executive authorities and the head of state.  In other words, it is a crisis structure which has emerged as a compromise, as a result of a crisis, to correct the situation from the legislators’ point of view.
[A]  To be frank, I’m not inclined to agree with that point of view, Aleksey.  In the first place, no: you probably set out the motives of a significant section of the Duma correctly.
[Interviewer] Yes, that’s right.
[A]  But that is only the motives of a significant section of the Duma—firstly, not all of the Duma, and, secondly, there are also other branches of power.  There is the position of the VGTRK management, which I represent at the moment.  I have been appointed by the president, and I see my function as being to manage the company.  If the trustees’ council seeks to manage the company instead of me, to put it crudely, then I’m not very clear about what my job is.  Naturally, I shall seek to ensure that I always have the final say.  As Comrade Saakhov said: I was appointed in order to look after state interests.
[Q]  You’ll be talking about wool next.  [Laughter; this is a reference to a 1960s film, “Kavazskaya Plennitsa”—(Female) Prisoner of the Caucasus,” in which Saakhov is a character].  Right, well, let’s take an example.  It has been decided, as I understand it, that now the State Duma press service will itself prepare [the TV programme] “Parliamentary Hour.”  I remind you that, upon your appointment to the post, you insisted that “Parliamentary Hour” should, at the very least, be prepared jointly and, in practice, by the VGTRK news service.  Well, jointly, right?  Clearly the prime minister and the president have now decided that there’s nothing amiss here.  Let them prepare it themselves.  But that means that you, the channel director, are not responsible for output that simply bypasses you.
TV coverage of parliament’s activities
[A]  Well, as another character, a literary character [i.e. Mechnikov in Ilf and Petrov’s “Twelve Chairs”], said: Agreement is the product of mutual non-resistance by those involved.  In this case, there was no great resistance from those involved, and certainly not on my side.  Yes, I insisted all the time that we should do it.  It’s quite logical.  No branch of power makes a broadcast about itself.  Here the Duma and ourselves will be setting a precedent, but the Duma wanted that so much.  A significant proportion of the deputies thought so long and stubbornly that they were being wrongly shown, wrongly portrayed, and that they were actually far better than they seem on television, that I decided that it was simply our sacred task to enable them to be shown as they want to be shown.  Fine, let them do it themselves.  They have a press service.  They have television professionals there.  Let them produce that hour.
    But I am responsible for the channel.  When we sign a contract with any programme production company—for any programme that we are purchasing—I still reserve the final say for myself, and I have the right, and am obliged, to view the programme before it is broadcast—simply to make sure that there is no risk of any word posing a threat to society, giving rise to ethnic tension, and so on.  There might be anything there.  I am responsible.  I shall be responsible here too, and I shall be viewing the output.  They will put the broadcast together.  I shall be given a cassette of it.  I shall view the cassette, and then it will go out on the air.  That’s how I see our cooperation as regards the production of “Parliamentary Hour.”
[Q]  Nikolay, in an interview recently with ‘Novoye Vremya’ [New Times], I think it was, you produced the rather curious phrase: I am a journalist, a manager and a censor.  Right?  Just now you were talking about your functions as a censor as regards the possible broadcasts of the Federal Assembly.  Do you think that the observers’ or trustees’ council which has arisen—[changes thought] and incidentally how soon do you think the president’s decision will be implemented?  How soon will you be having talks and setting up such a council?
[A]  Well, off the top of my head, I think it’s a matter of two to three months.
[Q]  Are you not afraid that, in two or three months’ time, the trustees’ council will gradually, to put it mildly, issue recommendations to you and will, in actual fact, carry out censorship functions?  I don’t mean every specific programme, but I remind you that the Law entitled On the Budget determines your budget, which is set by part of the future trustees’ council—in other words, the State Duma.
[A]  Well, Aleksey, it is of course not like that.  Our real financing depends very little on the wishes of the Duma.  And I will say more.  It does not depend that much on the wishes of the executive authorities, either.  It depends on the state budget being implemented.  We received 32 per cent of the amount we were promised this year.  And neither the Duma nor anyone else could give us more or less.  If you are thinking that a group of deputies is trying to put us on the spot here and is saying do what we say or we won’t give you any money, this is not possible.  We will not listen to any one single branch of power and no-one can put us on the spot.  . . .
[Interviewer] I remind you that the chairman of the VGTRK, Nikolay Svanidze, was speaking live on Ekho Moskvy radio.

Ekho Moskvy radio, Moscow, October 28, 1997