Post-Soviet Media Law & Policy Newsletter


Issue 44     Benjamin N. Cardozo School of Law     March 1, 1998  

RUSSIA

MEDIA NEWS FROM DUMA

I.  Yeltsin edict gives NTV all-Russia status.
II.  Yeltsin decree on TV and radio broadcasting.
III.  Yeltsin upgrades NTV to All-Russian TV company status.
IV.  Paper views Duma debate on state support for VGTRK.
V.  Paper sees draft media laws as Duma’s “revenge.”
NEWS ON FREEDOM OF EXPRESSION
I.  Tatarstan TV chief sacked for alleged political censorship.
II.  Volgograd governor tightens grip on media.
III.  Nizhnii mayor rewards critics.
OTHER MEDIA NEWS
I.  Paper assesses VGTRK’s growing political clout.
II.  TV groups oppose on-screen “violence and sensuality.”
III.  Paper reviews recent political manoeuvres in TV.
IV.  Setting of joint radio and television company agreed.
V.  Alleged reasons for murder attempt on NTN-4 head given.
VI.  Paper views media mogul Gusinskiy’s business interests.
VII.  New TNT station broadcasts through regional networks.


MEDIA NEWS FROM DUMA

I.  Yeltsin edict gives NTV all-Russia status.

        By an edict [on 22nd January] Boris Yeltsin gave the NTV [Independent Television] Television Company the status of an all-Russia company.  This marks the end of its conflict with the State Antimonopoly Committee, which had threatened the TV company with the prospect of facing losses running into millions in 1998.
        The [new] status of all-Russia TV and radio company is of colossal value to NTV.  This became clear at the end of December last year, when the Antimonopoly Committee brought a case of violation of antimonopoly legislation against NTV. The committee considered it illegal for NTV to pay communications workers to carry its TV signal at state rates—just like ORT [Russian Public Television] and the All-Russia State Television and Radio Broadcasting Company [VGTRK].  The Antimonopoly Committee ruled that there were no legitimate grounds for this.  NTV had been authorized to use the state tariffs in January 1996 by the then Russian Deputy Minister of Communications Mikhail Yelizarov, in place of the former practice whereby NTV paid a “supplement” for the signal.  For instance, NTV used to pay two or three times more than the state tariffs for the use of particularly powerful transmitters set up mainly in regional centres.
        Having clarified all these details, on 8th December 1997 the Antimonopoly Committee instructed the State Committee for Communications and Information Technology that NTV should pay not the state tariffs but “contract” prices. Kommersant Daily has learned that communications workers throughout Russia were very happy to start carrying out the State Antimonopoly Committee’s instructions and started inundating NTV with faxes putting forward “business proposals.”  According to Kommersant-Daily’s information, the NTV budget had earmarked 17m dollars for the “signal” in 1998.  Abolition of the state tariffs left NTV facing losses of up to 30m dollars.
        The NTV leadership went into action.  But the attempts by Igor Malashenko and Vladimir Gusinskiy to reach agreement with Communications Minister Krupnov to make provincial communications operatives moderate their appetites came to naught.  NTV’s efforts in the Moscow Court of Arbitration were only slightly more successful.  On 5th January under a lawsuit from the NTV Television Company Limited Partnership the courts suspended implementation of the State Antimonopoly Committee’s instructions until the suit was settled.
        But it was only at the Presidential Staff that the NTV leadership achieved genuine success.  Yesterday Boris Yeltsin signed an edict making amendments and additions to the 6th October 1995 edict “On the improvement of television and radio broadcasting in the Russian Federation.”  It said: “It is recognized that the VGTRK, ORT, NTV and the Mayak Radio Broadcasting Company are all-Russia TV and radio broadcasting organizations broadcasting on the territory of more than half of the Russian Federation’s components.”  This list now includes the NTV TV Company.
        Yet just two days ago Anatoliy Nazeykin, chairman of the Communications Workers Trade Union Central Committee, had sent Boris Yeltsin, Viktor Chernomyrdin, and Gennadiy Seleznev messages demanding that no edict should be adopted which would “contravene existing legislation—particularly the law on communications, which states that private companies cannot transmit their programmes at state rates.”  In Nazeykin’s opinion, in the event of the edict being signed communications enterprises would find themselves in an even more difficult financial position.  According to him, the total amount owed to the communications sector by TV and radio companies already comes to around R1000bn “old” roubles and there is a R150bn difference between commercial and state tariffs.
        Despite this, the president’s edict instructs the government to ensure “equal conditions of economic activity for all-Russia TV and radio broadcasting organizations, irrespective of their forms of ownership, including the establishment of a single tariff for communications services in disseminating TV and radio programmes.”  This means that NTV will again pay just 17m dollars for the signal in 1998.
        Attention is drawn to the fact that of the private TV companies only NTV has been equated with the federal broadcasters—TV Centre and TV6 have been left out in the cold.  But in the very near future it is planned to introduce unified tariffs (exceeding the prime cost of disseminating the signal) for all broadcasters.  Moreover, TV Centre and TV6 historically do not have direct contracts with communications workers as NTV does.  In particular, TV6, which covers most of Russian territory, uses a so-called virtual network to disseminate its signal, whereby programmes are relayed by regional broadcasters.
        It is interesting that the edict on NTV came literally three days after the redistribution of powers within the Russian government.  As is well known, Anatoliy Chubays ceased to be in charge of the mass media, which went to Vladimir Bulgak—with whom Gusinskiy has always had an excellent relationship. But, according to an informed member of the government apparatus, the edict was in preparation even before the redistribution of powers and Bulgak was not in charge of it.
        Thus, NTV has managed to achieve its aim by going through the presidential staff.  The staff had an excuse for giving a present to Russia’s largest private TV company—NTV celebrates its fourth anniversary Tuesday.

“NTV not facing bankruptcy, as long as Chubays is not involved in the media, at any rate,” ‘Kommersant Daily,’ Moscow, January 23, 1998

II.  Yeltsin decree on TV and radio broadcasting.

        The Russian Federation president has decreed that the All-Russian State Television and Radio Broadcasting Company [VGTRK], Russian Public Television [ORT], the NTV [Independent Television] company and the all-Russian state radio broadcasting company, Mayak, be regarded as Russia-wide television and radio broadcasting organizations which broadcast to over half of the constituent parts of the Russian Federation.
        This is stated in Boris Yeltsin’s decree “On introducing amendments to the Russian president’s decree No 1019 of 6th October 1995 ‘On improving television and radio broadcasting in the Russian Federation,’” which was received by ITAR-TASS from the head of state’s press service.
        The Russian president instructed the government to ensure equal conditions for the economic operation of the Russia-wide TV and radio broadcasting organizations, irrespective of their form of ownership, and including the establishment of a single tariff for communications services to broadcast television and radio programmes.

ITAR-TASS news agency (World Service), Moscow, January 21, 1998

III.  Yeltsin upgrades NTV to All-Russian TV company status.

        Russian President Boris Yeltsin [on 21st January] amended his own decree of 1995 and included the NTV [Independent Television] private television company in the list of All-Russian television channels.  Our correspondent, (Masha Survila), tells us why the decree signed is of such importance to NTV:
[Correspondent] A conflict between the NTV and the State Anti-Monopoly Committee [of the Russian Federation] started last year.  Difficult times of waiting started for the company on 8th December.  On that day the antimonopoly committee instructed the State Committee [of the Russian Federation] on Communications and Information to stop charging NTV for broadcasting the signal at state tariffs and move over to charging at contract prices.
        It was clear to everyone that should this decision ever come into force the television company will soon join the ranks of the loss-making companies. According to the (?’Kommersant-Vlast’) magazine, the NTV company is currently paying 17m dollars per year for the signal.  According to different reports, the new tariffs would increase this sum by 1.5 times, and maybe three times, which, you would agree, is quite significant.
        By most modest estimates, the conflict between the antimonopoly committee and the television company would have inflicted on the NTV company damage amounting to 30m dollars.  It has become clear today that the state will not be able to get extra money from NTV.  A presidential decree, dated today, includes the NTV television company in the list of All-Russian companies, and this means in the list of companies that enjoy all the privileges due to such companies.
[Presenter] The All-Russian channels also include the All-Russian State Television and Radio Broadcasting Company [VGTRK], Russian Public Television [ORT] and the Mayak radio station.

Ekho Moskvy radio, Moscow, January 21, 1998

IV.  Paper views Duma debate on state support for VGTRK.

        At the end of the first plenary day following the winter recess the State Duma gave a first reading to two draft laws whose indigestibility stockbrokers have been talking about for such a long time.
        The first of them, the draft of amendments to the Russian Federation Law on the Mass Media, was allocated the unlucky number 13 on the agenda.  The second, the so-called Law “On State Control of and Support for the All-Russia State Television and Radio Broadcasting Company [VGTRK],” was allocated the entirely safe number 14.  But the consequences for the mass media themselves could develop contrary to the conventional numerical designation—there is a good chance that additions and amendments to the Law on the Mass Media (admittedly, given absolutely essential substantial additional work) will benefit the information sector.  Which is actually why they have been drawn up.  Because current mass media legislation lacks even a concept of ownership of the mass media and consequently the inevitable business expansion into this sphere has so far been devoid of any legal regulation.  The amendments and additions clearly define the rights and obligations of the new rich owners of newspapers and the airwaves, partly limiting their tyranny, which is why they will hardly be to the liking of the press’s nouveaux riches.
Russia TV facing “tyranny” of the state
        But the Law “On State Control and Support,” if it is eventually passed, will on the contrary open the floodgates to tyranny on television’s Channel 2 [Russia TV], but to the state rather than to businessmen.  It is, of course, necessary to limit airtime’s subordination to the vagaries of business, especially the advertising business.
        There are ways stipulated by laws.  There is a ban on tobacco and alcohol advertising.  There are limits on the time allowed for advertising slots, especially within news, arts and cultural and educational broadcasts, and so forth.  There are channels without any advertising at all (Channel 5 on television [Kultura TV], Radio Orfey [classical music station]).  But . . . .  this requires funds.  Not just large but enormous funds.  There is nowhere to get them from except from the budget, that is to say out of our own pockets.  The selfsame Channel 2, the only federal channel that is still state-run, gets only 29 per cent of its funding from the budget.  What does the draft law adopted by the Duma on alleged “support” for it offer?  According to this document, Russian television advertising should be totally banned.  Practically this will mean only one thing—a reduction in this particular company’s broadcasting by exactly the same two-thirds-plus which is now funded through advertising, that is to say from 14 to four hours, and . . . that the time freed up will be filled with snappy commercial advertising broadcasts.
Zhirinovskiy attacks Russia TV and other media
        But now [Vladimir] Zhirinovskiy [leader of the Liberal Democratic Party of Russia—LDPR] gets on the platform and exclaims: Let there be four hours! Let there be even one hour! But of truth! After which he dishes out the usual measure of vilification not only to the VGTRK but also to the entire press, in which the most pungent stream is the argument concerning dandruff and caries [reference to shampoo and toothpaste advertising] threatening everything Russian, national and so forth.
        The argument, which in a different situation might have seemed curious, sounded surprisingly convincing in the context of the draft law under discussion—the point is that the central point of the draft “on state support for and control of” the VGTRK does not constitute support at all, but control. Anti-advertising invective is merely an advertising ploy promoting the idea to introduce on Channel 2 very real agitprop of the type that existed on the CPSU Central Committee.  It will have an innocuous-sounding title—the Supervisory Council—and an apparently lightweight status—public.  But it immediately emerges that society will be represented in the council not in the person of its respected citizens but by the state in the plenipotentiary-punitive form of its own appointees.  Once again they will have agitprop powers, even including the determination of personnel and programming policy, control over financial activity and so forth.
Bid to control Russia TV is political
        Why is all this needed?  Yes, the VGTRK has considerable problems.  They include financial, personnel and programming problems.  But deputies’ sober voices, which are saying that the funds being offered to solve these problems nullify the noble aim and contradict the Russian Federation constitution and the Law on the Mass Media, have been drowned out by Liberal Democratic demagogy.  And how! After all, it was not the people but . . .  television which drove the communists from power in 1991, it is this which is “slandering” (Zhirinovskiy’s word) “entire historical periods,” for example the sixties to eighties, when, surely you can see, unlike the Stalinist years there were no more “mistakes.”. . .
        “That is what we want to stop,” the LDPR leader concluded his fiery speech by saying, letting it be clearly known that the law on state control of the airwaves is needed by the opposition not at all to combat corruption and the imaginary threat of Russian television’ flotation but to achieve quite specific political aims.
        But the importance of what has happened should not be exaggerated—the fuss over the law because of its clear anticonstitutional nature will be just another farce in the LDPR’s repertoire—although it sounds like the command to “face the front!”

‘Rossiyskiye Vesti,’ Moscow, January 16, 1998

V.  Paper sees draft media laws as Duma’s “revenge.”

        The draft laws “On Increasing the Influence of the State on the All-Russia State Television and Radio Broadcasting Company [VGTRK]” and “On Amendments and Additions to the Law ‘On the Mass Media,’” which have been given their first reading, are ostensibly designed to protect media independence, but are in fact a form of revenge on journalists by the Duma majority.
        The draft laws which have been given their first reading were perhaps the most serious attack on the press in the entire period of overt and covert confrontation between the media and the Duma.  It is interesting that these draft laws were supported by the overwhelming majority of deputies, moreover by many of those who were actively against them only the day before.
        The draft laws coming into force could result in the total ruin of the Russia TV channel, which they are trying to prohibit from showing advertisements, the impoverishment or even closure of some daily newspapers (since the state will not take it upon itself to finance them and will not provide concessions), and a total lack of information about deputies’ activities (which, to be frank, would be much easier for journalists than citing verbatim, as they are obliged to do by the legislators, Duma members’ half-hour speeches).
        But it is more likely that the media will have to manoeuvre to protect themselves against the amendments.  The state channel could well sell time to advertisers or do its own reports on Snickers, financial and industrial groups would sign over some of their dailies to fictitious individuals, and parliamentary correspondents would choose to cite legislators’ brief remarks in the lobby, which the legislators would like even less.
        The likelihood, however, is that none of these things will take place since it is clear that neither of these draft laws will get through the Federation Council and be signed by the president.  Most of the deputies realize this and, in voting for the draft laws, were expressing their attitude towards the VGTRK in particular and towards journalists in general, and specifically towards the financial and industrial groups backing them.
        As for relations between the press and the Duma, there are no visible signs at the moment that this weary struggle is going to end soon.  The State Duma remains, perhaps, the only state institution in Russia that has not got used to freedom of expression in its present incarnation.  Many Duma members still regard journalists as mutinous servants of the Russian parliament rather than as a necessary “evil” that objectively exists.

“Duma continues struggle against the press,” ‘Izvestiya,’ Moscow, January 17, 1998



NEWS ON FREEDOM OF EXPRESSION

I.  Tatarstan TV chief sacked for alleged political censorship.

        The chairman of the republican television and radio company, (Nail Khusnutdinov), was removed from his position [on 11th February] during the 14th session of the State Council of Tatarstan for an attempt at political censorship, it was announced by Tatarstan President Mintimer Shaymiyev during the session.
        The previous evening, while watching the full recording of a relay from the State Council session, the president noticed that a whole section had disappeared from his speech, where he sharply criticized the work of both the State Council and the government of Tatarstan.

Radio Russia, Moscow, February 11, 1998

II.  Volgograd governor tightens grip on media.

        Volgograd Governor Nikolai Maksyut signed a decree on 22nd January which effectively limits public
subsidies to publications that are wholly or partially owned by the regional authorities. The editor of the Oblast’s only independent newspaper Inter, Yefim Shusterman, warned that the governor had given himself almost complete control of the media before the next gubernatorial and legislative elections. He complained that it will be difficult to compete in the “artificially created” conditions.

Kommersant Daily, January 23, 1998

III.  Nizhnii mayor rewards critics.

        Acting Nizhnii Novgorod Mayor Vladimir Gorin sponsored a contest among local journalists to determine who had written or filmed the best critique of the city administration. The jury of 12 newspaper and TV editors considered 11 newspaper articles and 7 television broadcasts. The administration had threatened lawsuits against several of the journalists when their work had been published, but all cases turned out well for the reporters. Gorin sponsored the contest in hopes of building good relations with the media before the 29 March mayoral and oblast legislative elections. Gorin became acting mayor when Ivan Sklyarov was elected governor last year.

Izvestiya, January 22, 1998



OTHER MEDIA NEWS

I.  Paper assesses VGTRK’s growing political clout.

        The chairman of the All-Russia State Television and Radio Company (VGTRK), Nikolay Svanidze, has survived rumours of his downfall and transformed the company’s Russia TV channel into a powerful political truncheon, says the Russian newspaper ‘Nezavisimaya Gazeta.’  Russia TV’s news programme “Vesti” is now competing with NTV news and achieves viewing ratings comparable with those of popular TV series or entertainment programmes.  Through its Radio Rossii Nostalzhi, VGTRK is also targeting young audiences.  The following are excerpts from the ‘Nezavisimaya Gazeta’ report, headlined “The new political tele-truncheon: VGTRK is ready for election wars”; subheadings added editorially:
        According to every forecast, VGTRK [All-Russia State Television and Radio Company] Chairman Nikolay Svanidze was to be fired as far back as last autumn.  Even his potential successors were being mentioned, in particular, Igor Shabdurasulov, chief of the information and culture department of the Russian Federation government.  Svanidze’s obvious affiliation with one of the political camps participating in the struggle for redistribution of power became obvious even back then.  Nikolay Svanidze saved himself by gradually becoming more neutral.
        However, there is every reason to assume that this manoeuvre is only Svanidze’s own serious operation aimed at diverting “well-wishers” towards the wrong object.  While the entire television crowd was dwelling on RTR’s [Russian Television and Radio] imaginary problems, the company completely imperceptibly transformed itself into a television channel ready to become a powerful political truncheon.  At this point, nobody is using this truncheon, including the state that owns it.  Nevertheless, the temptation to use such a mighty information weapon and RTR for its intended purpose is too great to preclude others trying.  If there is a gun hanging on the wall, sooner or later it has got to be fired.
        Where does RTR’s growing political influence come from?  First, of course, coverage—its audience is only slightly smaller than that of ORT [Russian Public Television].  Second, the obvious strengthening of political-television management at RTR.
“Vesti” now competing with NTV news
        The streamlining of the new policy at the television channel is easy to detect.  The formerly weak and amorphous “Vesti” now realistically competes with NTV news, which until now ruled supreme in information broadcasting.  According to Gallup Media data, “Vesti” reaches practically the same size audience in Moscow as the popular television series “Santa Barbara.”  In January, in terms of audience reach, “Vesti” was ahead of numerous entertainment programmes and films—which means that Russia TV viewers are extremely politicized and as a constituency are of great interest to politicians.
        “Vesti” increased its rating first of all through such a simple measure as building a normal programming structure, which now appears as follows: first political news, then the economy, regions, and international events.  In the past this priority line-up was not observed, and frequently “Vesti” left the impression of an information mishmash.
        The changes that Russia TV’s main news programme has undergone are not the only ones on the television channel.  Last October the daily programme “Details” was brought back.  Another innovation was the use of “Vesti’s” “trademark” at Radio Rossii.  Now the news at Radio Rossii, which is a part of the VGTRK structure, go on the air with the same musical lead as “Vesti.”  Some “Vesti” reports are also used at Radio Rossii, which saves on financial and human resources.
        The time allotted for political broadcasting also was expanded by creating “News” on the “Culture” channel.  Now this channel broadcasts six programmes with the “Vesti” label a day.  This “News” segment has enabled the VGTRK to reach an audience that in the past never watched such programmes at all.  This is mainly the humanities and scientific-technical intelligentsia.
VGTRK now targeting young audience
        The VGTRK has found yet another electoral reserve where nobody was looking for one.  We are talking here about a previously absolutely apolitical audience, whose maximum age is 35-40 years (students, teenagers).  This contingent is being “worked over” through Radio Rossii—Nostalzhi, which broadcasts to 72 cities in the country.
        Overall, the substance of the information innovations at the VGTRK can be expressed as follows: A unified information space has been created for completely different audiences.  All the changes in the channel’s political broadcasting have been occurring against the background of Russia TV obviously being uncompetitive in financial terms compared to other television channels.
        And the channel’s management found an ingenious method to solve this problem by using the intellectual elite vegetating in Moscow’s academic institutions.  The effect exceeded all expectations. . . .  And the channel has acquired a fresh information look.

‘Nezavisimaya Gazeta,’ Moscow, February 5, 1998

II.  TV groups oppose on-screen “violence and sensuality.”

        The Russian Federal Service for Radio and Television, the National Association of TV Broadcasters, the Russian Association of Regional Television Companies and the Union of Journalists of Russia have made a joint statement on [2nd February] on the content of television programmes.
        It was pointed out that recently, the Russian Federal Service for Radio and Television and other bodies of the executive power had received many letters showing that a considerable part of TV audiences do not accept programmes and films with elements of violence and sensuality, which have been deeply rooted on TV screens, in the evening, in particular.  The opinion of TV audiences objecting to sex and violence on TV was reflected in the Russian press.
        “We live in Russia, the country which is making a painful transition from the old way of life to a new one, but we do not always take into account that sensuality and violence shown on TV channels available to all worsen problems faced by our society,” the statement said.  “We do not call for censorship or administrative pressure.  We believe in the importance of accord, a dialogue leading to reasonable self-regulation,” the statement said.
        The authors of the statement suggested that public hearings be held into complicated and pressing problems facing the television community.

ITAR-TASS news agency (World Service), Moscow, February 2, 1998

III.  Paper reviews recent political manoeuvres in TV.

        The Moscow newspaper ‘Kommersant-Vlast’ on 27th January published an analysis of political moves in recent months affecting the ORT [Russian Public Television], VGTRK [All-Russia State Television and Radio Broadcasting Company] and NTV [Independent Television] channels, and culminating on 15th January in Deputy Premier Vladimir Bulgak being put in charge of the Russian media.  The paper recalled the “struggle for power” at ORT, which had culminated in victory for the faction including Igor Shabdurasulov, press secretary to Prime Minister Viktor Chernomyrdin, and Tatyana Dyachenko, daughter of President Boris Yeltsin. The paper said Bulgak was also considering the “restructuring” of debts owed by the TV companies.  With a presidential election coming up in 2000, having a “flexible” person like Bulgak in charge of Russia’s media would be useful “not only for the TV channels but also for one of the presidential candidates—for instance, Viktor Chernomyrdin,” of whom Bulgak was a long-standing supporter, the paper concluded.  Following is the text of the ‘Kommersant-Vlast’report; subheadings added editorially:
        [On 15th January], Deputy Premier Vladimir Bulgak took charge of the Russian media.  His very first actions showed that the Russian TV companies are very lucky to have this new patron.
        Vladimir Bulgak started carrying out his new duties with plenty of zeal.  Last week, he met the directors of the State Committee for the Press, the Federal Service for Television and Radio Broadcasting (FSTR), the RIA-Novosti news agency, ITAR-TASS and ‘Rossiyskaya Gazeta,’ as well as those of three TV channels: ORT [Russian Public Television], VGTRK [All-Russia State Television and Radio Broadcasting Company] and NTV [Independent Television].
        The main outcome of the meetings was this: Bulgak is ready for the most constructive dialogue with the journalists.  ORT and NTV could only dream about such a supervisor, because before Bulgak the media were supervised by Anatoliy Chubays—not for very long, but in a very tough and effective manner.  ORT and NTV will remember his period for a long time.
Power struggle at ORT
        Chubays, as always, was concerned with the most important things: power and money.  The struggle for power on Channel 1 [ORT] reached its high point shortly before New Year.  Its general storyline is well known.  The newspapers wrote extensively about it.  Of all the contenders, two were mentioned in particular: media supervisor Chubays and ORT supervisor [Boris] Berezovskiy.
        In actual fact, there are many more characters in this story.  Remember that at the end of last year an attempt was made to transform the ORT closed joint-stock company into an open joint-stock company.  The struggle centred around the new ORT charter, which was to decide the question of power on the channel.
        Of course, the ORT leadership prepared a charter beneficial to itself.  It established that shareholders would decide all basic questions, not by a simple majority but by a specific (two-thirds) majority.  That is to say, the state did not get any real power with its 51 per cent of stock.  On any matter, it had to look for support from other shareholders.
        State interests in ORT were to be upheld by Maksim Boyko, a member of the Chubays team, who at the time was chief of the State Committee for the Management of State Property and chairman of the Collegium of State Representatives at ORT, which comprised such influential figures as Tatyana Dyachenko, [daughter of President Boris Yeltsin and] adviser to the president; Sergey Yastrzhembskiy, presidential press secretary; and Igor Shabdurasulov, press secretary to the prime minister.
        Under a government decree of 1st November 1997, these people are to work out, by a majority of votes, a “single position” for the state for every shareholders’ meeting and for every session of the ORT board of directors. Incidentally, this document did not appear by chance.  The fact is that, when ORT was still in the making, some prudent person (to all appearances, Boris Berezovskiy) planted in the incorporation capital structure a bomb that deprived the state of control over the TV company even without any new charter.
        Put simply, the state’s controlling interest (51 per cent) was dispersed.  The State Committee for the Management of State Property received 46 per cent and then ITAR-TASS and the Television Technical Centre state enterprise each got 3 per cent.  Thus it was enough to agree with the leadership of one of these structures for any initiative by the State Committee for the Management of State Property (say, at a shareholders’ meeting) to be blocked.
        The government’s November decree on the Collegium’s “single position” deprived this diabolical trap of its power.  There is reason to believe that the author of the “single position” was Anatoliy Chubays.
        But this was only a prologue to the battle for control over ORT.  The real struggle unfolded at the first session of the Collegium of State Representatives, which took place on 11th November.  A “single position” on the new ORT charter was being worked out.  Two positions instantly emerged.  Igor Shabdurasulov fully supported the new charter.  His logic, strange as it might be, relied on general democratic values: “Why should the state take part in controlling the press in the first place?  Today there is one state, one president, but tomorrow there is another. . . .”  [ellipsis as published]
        Shabdurasulov was opposed by Aleksandr Braverman—Boyko’s deputy—and Aleksey Kudrin, deputy finance minister.  They insisted that ORT is not a general democratic value; ORT is a common joint-stock company in which the state owns a substantial stake and so has the right to ensure its effective performance in its own, quite material, interests.
        Other speakers such as ITAR-TASS head Vitaliy Ignatenko, Communications Minister Aleksandr Krupnov and others were timid and verbose, but on the whole they backed Shabdurasulov.  It was only Yastrzhembskiy who made a diplomatic attempt to find a compromise and reconcile the two sides.
Yeltsin’s daughter backs new ORT charter
        The second-last to speak was Tatyana Dyachenko.  According to some participants in this historic session, everybody was waiting for word from her because they “realized what power was standing behind her.”  Dyachenko spoke very softly but was clearly summing up the results of the discussion, even though the last to speak was Collegium Chairman Boyko.  The president’s daughter backed Shabdurasulov and the new ORT charter.
        Boyko understood that he would not get his way at that session.  And so he proposed that work on the charter continue and that the question be postponed. The tired officials readily voted for that.  Meanwhile, the struggle took an informal course.  Right after the Collegium session, Dyachenko and Boyko had a long private conversation.
        As a result, the meeting of ORT shareholders did not discuss the new charter on 13th November: The question was moved to the next meeting.  Yet even at that stage the outcome of the struggle for it was apparently clear to insiders, because just before curtain-fall Boris Berezovskiy said: “By the next meeting many of you will no longer be here.”
        Indeed, Boyko was soon dismissed.
        This year the Collegium of State Representatives was headed by Vladimir Bulgak.  The first thing he said during his meeting with ORT Director-General Kseniya Ponomareva was to promise that he would try to speed up the reorganization of ORT into an open joint-stock company.  Moreover, Bulgak assured [her] that he disliked any conflicts and would try to settle the issue peacefully.  This means that he will probably share Shabdurasulov’s and Dyachenko’s view.
        [On] 20th January, talks were held between new media supervisor Bulgak and old ORT supervisor Berezovskiy.  They met apparently by chance, at the celebration of NTV’s fourth anniversary.  Yet it looked very much as though Berezovskiy had come there precisely in order to meet Bulgak.  They spoke for a long time.
        A constructive dialogue had begun.
Financial problems of TV companies
        Bulgak took an equally constructive position also with respect to the financial problems of TV companies.  As ‘Kommersant’ wrote earlier, in the past two months the State Anti-Monopoly Committee has tried to revoke NTV’s privilege to pay for the dissemination of the TV signal at state rates.  As a result, NTV’s expenses for the “signal” could grow from 17m dollars in 1997 to 25-50m dollars in 1998.
        As ‘Kommersant’ has found out, the Anti-Monopoly Committee’s actions were preceded by an audit by the Finance Ministry Control and Auditing Administration.  Remember that before the “writers’ case,” this department was headed by Chubays.
        However, last week, at a meeting with Igor Malashenko, the new media patron said that he thought it was fair to establish uniform tariffs for all TV companies.  True, NTV finally resolved the problem without his assistance, because on the following day [21st January] Boris Yeltsin signed an edict granting NTV the status of an all-Russia TV company.  And this meant precisely that NTV has the right to pay for the “signal” at state rates.  The question was closed.
        Thus, NTV, quite a profitable company, has no more global problems to deal with.  Its leadership is left only to think about the TV company’ s development. Indeed, Bulgak and Malashenko discussed the prospects for NTV’s satellite projects as well as a few new ideas by the TV company.  Some of them are a commercial secret.  But such a supervisor can be entrusted even with a secret.
        Bulgak showed no less concern about ORT’s and VGTRK’s finances.
Paper says TV companies’ revenues growing
        ‘Kommersant’ fact: According to the Russian Association of Advertising Agencies, in 1996 ORT’s income was 100m dollars, VGTRK’s was 67m dollars and NTV’s was 58m dollars.  In 1997, according to preliminary estimates by Russian monitoring companies, the incomes were as follows: ORT, 120-130m dollars; VGTRK, 75-80m dollars, and NTV, 100-110m dollars.  Furthermore, the VGTRK revenues should also include subsidies, which in the [first] eight months of 1997 alone amounted to 312bn roubles (55m dollars).
        Thus, the TV companies’ income is growing by the year.  As for their expenditure, that is still as opaque as ever, because it is a commercial secret.
        However, even indirect data, when put together, produce a very interesting picture.  It is known that NTV is a profitable company.  So its expenditure does not exceed 100m dollars (according to some estimates, it is even half of that level).  ORT’s and VGTRK’s expenditure exceeds NTV’s mainly owing to the “signal,” because they broadcast over a territory three times as large.  And, given that the “signal” costs NTV 17m dollars a year, even if the signal for ORT and VGTRK costs three times as much, they can, on balance, “break even.”
        Furthermore, it is known that ORT and VGTRK chronically underpay for the “signal.”  According to the Communications Ministry, as of early 1998 ORT owed communication providers 366bn roubles (60m dollars) and VGTRK owed 673bn roubles (110m dollars).  Considering that the TV companies kept the money, it could be presumed that they are profitable, but that their leadership is concealing the profits.
        Such speculation, however, could go too far.  It is clear enough that it is in the interests of the state to straighten out the financial condition of both TV companies.  This should apparently have been done by the State Committee for the Management of State Property, which in the last six months has been quite concerned about the effective use of state property.  It was evidently because it was aware of this that ORT acted so aggressively to repulse Maksim Boyko’s attempts to intervene in the company’s affairs.
        Now, with the advent of Vladimir Bulgak, ORT and VGTRK can sleep peacefully. Moreover, at his meeting with Svanidze and Ponomareva the new media patron seriously discussed the idea, which would have been absolutely impossible under Chubays.
Proposal to restructure TV companies’ debts
        The idea is nothing short of a sensation.  It consists in restructuring the TV companies’ debts.  As is known, in the event of restructuring, a part of the debt is forgiven while the rest is paid in instalments—moreover, without penalties or fines.
        Of course, for the time being it is still at the discussion stage.  Having discussed the restructuring, Svanidze promised Bulgak to work on cutting VGTRK’s production costs.  So perhaps the state will manage without giving gifts to TV.
        True, all these calculations are negligible next to the prospects that are opening up before TV in connection with the 2000 presidential election.  At that point the flexible supervisor will be useful, not only for the TV channels but also for one of the presidential candidates.  For instance, Viktor Chernomyrdin.
        Moreover, Bulgak has long gambled on him, and he backed the right horse: He has been in the government since 1992.  Such supervisors live for a long time.

‘Kommersant-Vlast,’ Moscow, January 27, 1998

IV.  Setting of joint radio and television company agreed.

        The productivity of meetings between Commonwealth heads of state is, it turns out, in inverse proportion to the number of participants.  Whereas the presidents of Belarus and Russia succeeded during yesterday’s talks in resolving virtually all the questions, the meeting of the “Four” was only partially crowned with success.  And the heads of the remaining CIS states made a total mess of the summit of the “Twelve” scheduled for 23rd January. . . .
        The decision of the Higher Council of the Union of Belarus and Russia that has the most serious consequences is undoubtedly the treaty on a joint Union television and radio broadcasting organization.  In the words of Sergey Yastrzhembskiy [the Russian president’s press secretary], it is proposed that the new TV company should be set up on principles of equal funding.  Initially it will be funded from national budgets, but in the long run it will be funded from the joint budget.  Alyaksandr Lukashenka, who has designs on the joint Russian-Belarusian throne, is fully aware of the paramount influence of the electronic media on the course of an election campaign.  With the aid of television he has achieved the impossible once already, defeating the “party of power” in the Belarusian presidential elections.  No wonder Lukashenka went to the lengths of arresting ORT corespondent Pavel Sheremet and entering into confrontation with Yeltsin: the loyalty of the leading Russian TV channel to the Belarusian president was worth it.

“10 out of 10 for the ‘Two’; Six out of 10 for the ‘Four,’” ‘Novyye Izvestiya,’ Moscow, January 23, 1998

V.  Alleged reasons for murder attempt on NTN-4 head given.

        The recent attempt on the life of Yakov London, president of the Novosibirsk NTN-4 television company, is acquiring new details.  According to information from sources close to law enforcement authorities of Novosibirsk, an “ideological” version of the incident is being worked up, inter alia.  The point being that not that long ago NTN-4 rebroadcast in Novosibirsk Martin Scorcese’s notorious hit “The Last Temptation of Christ.”  We should note that NTN-4 resolved upon so bold a step two weeks before the NTV television company.  Noting the repercussions of the showing of the movie in Moscow, some observers think it conceivable that local fundamentalists, who did not forgive the head of NTN-4 such “religious pluralism,” could simply have “sorted out” Mr London in Novosibirsk.  This, though, is just one version, which subsequently will be either corrected or discarded altogether.
        Other versions are gradually being revised also.  Rumours that the head of NTN-4 was simultaneously a high-level operative of the All-Russia State Television and Radio Broadcasting Company have not been confirmed.  As far as the “criminal underpinnings” are concerned, experts who are well acquainted with this sector of the television market maintain that neither Yakov London nor the company of which he is in charge have had anything in common with criminal or semi-criminal business.
        Many people in Novosibirsk regard the claims appearing from time to time that during last year’s oblast council elections NTN-4 pushed some “kingpins” into power as a manifestation of an unscrupulous competitive struggle.  Nor have the rumours circulating in the local press about the alleged purchase by the Video International company of a controlling block of shares of NTN-4 been confirmed either.
        In a word, all that concerns this “celebrated” crime may thus far be characterized merely by the words of Sherlock Holmes: “A confoundedly complicated business. . . .”  [ellipsis as published.]

“Has Yakov London ‘Drained the Cup’ for Martin Scorcese: The reason for the attempt on the life of the businessman could have been the NTN-4 channel’s showing of ‘The Last Temptation of Christ,’” ‘Segodnya,’ Moscow, January 16, 1998

VI.  Paper views media mogul Gusinskiy’s business interests.

        The Moscow newspaper ‘Sovetskaya Rossiya’ on 15th January published a lengthy article on the origins and interests of the Most Group headed by Vladimir Gusinskiy, focusing on the media holdings of the group’s subsidiary Media-Most.  Recalling the recent clash between Gusinskiy’s NTV (Independent Television) channel and the Patriarch of the Russian Orthodox Church over the channel’s screening of a film allegedly offensive to Russian believers, the paper linked this to what it called Gusinskiy’s links with prominent Russian Jewish figures. The Most Group, the article said, “differs from other financial groups in that it has extended its tentacles into many of the Russian mass media. . . .  No group can compare with Gusinskiy’s in terms of the breadth of its interests in the mass media field.” It criticized the media controlled by Gusinskiy for allegedly playing “a leading role in the propaganda campaign against the national-patriotic forces, in the disparaging of our past and the promotion of so-called ‘Western values,’ that is, the duping and moral corruption of the Russians.” The following are excerpts from the ‘Sovetskaya Rossiya’ report; subheadings added editorially:
Gusinskiy’s NTV in clash with Russian Orthodox Patriarch
        [In] the evening of 9th November 1997, the NTV [Independent Television] channel, which belongs to Vladimir Gusinskiy, showed the feature film “The Last Temptation of Christ” made by the American producer Martin Scorsese.  It must be said that this film met with a very mixed reception in the West and gave rise to numerous public protests and an adverse official reaction from the Vatican. Gusinskiy did this despite the resolute objections from the leadership of the Russian Orthodox Church and the protest demonstrations by Russian believers. Patriarch Aleksiy II of All Russia warned Gusinskiy that showing this film would be sacrilege and would offend the feelings of believers.  But Gusinskiy did not heed that warning.  The patriarch considered it necessary to set forth again in public the position of the Russian Orthodox Church after the film was shown. Addressing a press conference at the Interfax agency on 1st December, Aleksiy II called NTV a “spiritually alien phenomenon.”  The channel, he said, “had crossed the line dividing good and evil, ethical norms and permissiveness.”  The patriarch voiced the conviction that “the development of society in a direction which makes it possible to offend people’s most fervent feelings is a sign not of progress but of decline.”  Aleksiy II urged the authorities to display more concern for Russian citizens’” moral health.”
Paper outlines Gusinskiy’s links with Russian Jewish groups
        It is surprising how Gusinskiy could allow himself to ignore the opinion of Russia’s biggest religion—the Orthodox Church.  This can be explained if you consider that Gusinskiy and the channel he controls—NTV—express the opinion of a religion which, albeit less strong numerically, is nonetheless financially powerful.  Let us recall that Gusinskiy was one of the initiators and sponsors of the unifying congress of the Russian Jewish Congress (REK) convened in Moscow in January 1996.  At the congress V.  Gusinskiy was elected REK president.  Malkin, president of the Russian Credit Bank, Fridman, chairman of the board of Alfa Bank and Khant, chairman of Most Bank, became vice-presidents of REK.  Boris Berezovskiy and Khodorkovskiy also gave financial support to REK.  Thus the congress’ sponsors included at least half of Russia’s most influential financial oligarchs.  Bill Clinton and Boris Yeltsin sent greetings to the REK congress and Israeli Ambassador Aliza Shenhar, a representative delegation from Israel and Moscow Mayor Yuriy Luzhkov took part in its work.  The idea of creating the REK was lent impetus back in May 1995 at a meeting between Viktor Chernomyrdin and a representative delegation of Jewish public and religious organizations from the United States.
History of Gusinskiy’s Most Group
        Moscow is Gusinskiy’s main field of activity and the main sphere of his business interests. . . .  Gusinskiy’s hour of glory came with the advent of privatization, when Gusinskiy entered the construction and property business. Acquiring contracts from the Moscow authorities, he started to engage in the restoration of buildings in central Moscow and the purchase of several plants for the production of construction materials.  In 1988 Gusinskiy created the Infeks consultancy and information cooperative, which worked mainly for foreign clients.  In 1989 Infeks and the American legal firm Arnold and Potter created the Most joint venture, in which Infeks owned half the incorporation capital.  In 1992 the Most enterprise was transformed into the Most Group limited holding company and Most Bank became its financial centre.  In all the holding company includes over 50 enterprises employing over 15,000 workers and employees. . . .  The financial centre of Gusinskiy’s empire is Most Bank, founded in 1989.  The bank’s sphere of interests and field of activity is mainly Moscow, where it has 27 branches. . . .
Most Group’s media interests
        The Most Group differs from other financial groups in that it has extended its tentacles into many of the Russian mass media.  But no group can compare with Gusinskiy’s in terms of the breadth of its interests in the mass media field.  In 1993 Most Bank founded the “independent” NTV channel.  It owns 77 per cent of shares in NTV and the others are distributed among NTV employees.  Most Bank launched the “liberal” newspaper ‘Segodnya’ and bought the Ekho Moskvy radio station.  The Most Group also publishes the newspaper ‘Sem Dney’ and the weekly journal ‘Itogi’ which it publishes in conjunction with the US weekly ‘Newsweek.’ In early 1997 all the mass media controlled by the group were united in the independent Media-Most holding company, headed by Gusinskiy himself, who abandoned the post of chairman of Most Bank for the purpose.  The holding company includes all the above publications.  Its sphere of influence also includes ‘Moskovskiy Komsomolets,’ ‘Moskovskaya Pravda,’ ‘Vechernyaya Mosvka,’ ‘Kuranty,’ ‘Literaturnaya Gazeta’ and the MTK Moscow television channel.  They are financed either directly or through front structures.
        In July 1997 Vyacheslav Kostikov, the president’s former press secretary (1992-1994) and ambassador to the Vatican, was appointed deputy director of Media-Most.  At the time of his appointment Kostikov said that he shares Gusinskiy’s political views and believes him to be a “creative and inspired individual” (‘Moscow Times,’ 4th July 1997).  There is no doubt that Kostikov’s great experience in manipulating public opinion could be useful to Gusinskiy, especially in the period of the next presidential election campaign.  According to the journal ‘Kommersant’(18th February 1997) 70 per cent of shares in the Media-Most holding company belong to Gusinskiy personally and its sponsors also include the NTV and NTV Plus President Igor Malashenko and Vice-Presidents Kiselev and Dobrodeyev.  Gusinskiy-controlled media promote “Western values.”
        It may be said without exaggeration that the mass media controlled by Gusinskiy play a leading role in the propaganda campaign against the national-patriotic forces, in the disparaging of our past and the promotion of so-called “Western values,” that is, the duping and moral corruption of the Russians.  In the West, Gusinskiy’s information empire is extolled as a model of the “free press” and they admire its propaganda of market ideology and its support for Chechen separatism and any other separatism leading to Russia’s collapse.  Gusinskiy’s press and NTV played a leading role in Boris Yeltsin’s election campaign and NTV President Igor Malashenko was officially included in his election team.  Gusinskiy spared neither efforts nor funds for Yeltsin’s victory and was rewarded accordingly.  In early 1997 the airtime for NTV was increased considerably and this channel now broadcasts from the morning until late into the night.  Last year an NTV global project was implemented, giving the opportunity for five-channel satellite television broadcasting, the so-called NTV Plus.  According to the holding company’s information, by April last year the number of subscribers to this channel had reached 50,000.
Plans to expand media empire
        Gusinskiy nurtures plans for the further expansion of his information empire. But in observers’ opinion in 1997, after the return of Chubays and his team to the government, Gusinskiy’s opportunities in the Kremlin and the “White House” were weakened somewhat.  It is this which is used to explain Gusinskiy’s failure in his attempt to get control of the block of Svyazinvest shares.
        As early as late 1996 and early 1997 the Russian and world business press were writing that Most Bank had been given exclusive rights in the sale planned by the government of 25 per cent of shares in the state Svyazinvest-Rostelekom communications conglomerate.  London’s ‘Financial Times’ reported on 19th December 1996 that at first the government had had talks with the Italian telecommunications company STET on selling it a 25 per cent package of Svyazinvest shares for 1.4bn dollars.  But the sides did not manage to agree on the terms.  The government decided to sell this tasty morsel to Russian banks and chose Most Bank and Alfa Bank as the organizers of this operation and the preferred customers.  It was planned to offer Gusinskiy the package of 25 per cent of the shares in Svyazinvest-Rostelekom for 1.2bn dollars, the ‘Financial Times’ wrote.
        With a view to mobilizing the necessary funds, Gusinskiy decided to sell 40 per cent of NTV’s shares to the Gazprom concern but to retain the controlling block.  But these plans were not destined to be implemented.  The consortium joined by the Most Group, Alfa Bank and Telefonica de Espana offered 1.71bn dollars for a 25 per cent package of Svyazinvest shares at the July 1997 auction.  But a rival consortium headed by Potanin’s Uneximbank offered 1.875bn dollars for the package and won the auction.  Gusinskiy, using his ties in the government, tried to secure a “replay” of the auction results.  He appealed directly to [Prime Minister] Viktor Chernomyrdin asking him to intervene.  The latter promised to “study” the situation, but his intervention did not help. With Chubays’s support, Potanin eventually gained the upper hand.
Interests in film production
        In 1997 Gusinskiy “took a liking” to the Mosfilm film studio.  He offered Mosfilm 160m dollars in investments in exchange for a package of 49 per cent of the shares in the studio, which is on the list of establishments liable to privatization.  In addition to the investments, Media-Most offered the film studio 15m dollars in the form of free credit to finance new films.  Gusinskiy’s interest in Mosfilm is understandable.  The studio has premises worth several times the sum offered by Media-Most.  In addition the studio has a unique library of Soviet films.  The library has over 1,000 masterpieces of Soviet cinema including “Battleship Potemkin,” “Ivan the Terrible,” “The Cranes are Flying” and many others.  It is known that the “market era” has not created any film of any importance.  In the past three years the 110 best Soviet films have been shown 10 times each on various television channels! Mosfilm owns 80 per cent of these films.  The studio has the exclusive right to show its television films on all Russian territory, in the CIS countries and the far abroad.  The price for showing an advertisement during the screening of Soviet films on television is very high—30,000 dollars an hour.  That is what Gusinskiy covets!
        It should be noted that during the New Year holiday, ORT [Russian Public TV] emphasized the screening of Soviet films and the broadcasting of Soviet songs. As a result, according to some polls, over 60 per cent of television viewers preferred that channel.  But NTV’s vulgar New Year show, which took the form of a meeting of intimate acquaintances, attracted only 16 per cent of Russians.  Whether the television channel owners wanted it or not, the New Year air became a triumph of Soviet musical culture and evidence of its enormous moral and artistic superiority over the sterile pop market culture.

‘Sovetskaya Rossiya,’ Moscow, January 15, 1998

VII.  New TNT station broadcasts through regional networks.

        With the start of the new year a newcomer has joined the television market. The TNT corporation, founded by the Media-Most holding company, began broadcasting on 1st January.  Today, according to the new television company’s representatives, its programmes can be seen by 30m people in 50 cities.  To all appearances this rapid growth in the customer base is due to the fact that TNT’s marketing policy is based on cooperation with the major regional television stations: TNT has already concluded 22 network agreements with local companies.
        The use of digital technology for signal transmission enables TNT to broadcast its programmes to the regional companies in real time.  Strictly speaking, this move is not due to TNT’s “know-how.”  The work of the STS (Television Station Network) is based on similar principles.  Meanwhile, it should be noted that many of those who took part in the creation of the STS are now employees of TNT.  For example, Sergey Skvortsov, former general director of STS, and Pavel Korchagin, his deputy, now hold similar posts with TNT.
        But the fact that TNT is something of a “derivative” of the STS is offset by the fact that the new television company belongs to the NTV holding company. Consequently, with TNT’s assistance the leading regional television companies are able to show programmes and films bought and produced within this holding company’s framework, at a convenient time for their clients.  It is interesting that you do not need any additional equipment to watch TNT’s programmes: transmission is carried out via a conventional antenna.  Admittedly, this is true only for the regions—in the capital TNT is only broadcasting on UHF at the moment.‘Segodnya,’ Moscow, January 14, 1998