Post-Soviet Media Law & Policy Newsletter


Issue 47     Benjamin N. Cardozo School of Law     June 15, 1998 

AZERBAIJAN KAZAKHSTAN
AZERBAIJAN 

NEW LICENSING REGULATIONS AND THE SUSPENSION OF RADIO LIBERTY

(See the statutory section for the full text of the regulations.)

I.  Azerbaijan’s media fear greater curbs.

    Radio Liberty’s mediumwave broadcasts in Azerbaijan were resumed on 4th May, on the instructions of Communications Minister Nadir Ahmadov.  Relays of the station’s Azeri-language programmes had been halted two weeks earlier by the authorities in Baku, who said that the US-funded station had not obtained a licence required to rebroadcast locally.
    The suspension had provoked expressions of “grave concern” from the US State Department, while Azerbaijani opposition leaders and supporters of Radio Liberty, who viewed the ban as politically inspired, had organized rallies in Baku, Istanbul and New York to demand that the service be restored.
    According to the Azerbaijani news agency ASSA-IRADA, President Heydar Aliyev ordered the minister to make an exception and allow Radio Liberty relays to resume “before the question of a licence had been resolved.”
    The president’s decision was prompted by concern that the issue might affect talks with the USA, the Baku newspaper ‘Azadlyg’ said on 5th May.  “Observers think that if broadcasting is not resumed, the US government could give a cold reception to high-ranking Azerbaijani officials due to arrive in the USA soon to discuss political, economic and security issues.  But the head of state did not allow this,” the paper said, quoting the Turan news agency.
    ‘Azadlyg’ described the decision to allow the resumption of Radio Liberty relays as “a compromise.”  Noting that two Radio Liberty correspondents in Baku who were “renowned for their unbiased position” had been sacked on 4th May, the paper speculated that the head of Radio Liberty’s Azeri service, Mirza Khazar, may in turn have made concessions to the authorities.  “Listeners will witness a softening of the opposition position in reports,” it concluded.
    Officials in Baku insisted all along that the ban was an administrative measure rather than a political move.  This in turn provoked statements by opposition figures, cited by the Azerbaijani news agency Turan, that “in a presidential election year, the authorities have grossly violated the rights of citizens to have access to full and reliable information.”  In the elections, due towards the end of this year, President Aliyev is expected to stand again.
    Radio Liberty had broadcast its Azeri-language programmes via a local transmitter under an agreement signed in 1993.  Six months ago, the government decreed that all media must re-register.  But the head of Radio Liberty’s Azeri service said it had not received any warning that its status had been changed.
    Eric Johnson, of the US-funded Internews project which is helping to develop independent media in the Former Soviet Union (FSU), noted that the latest Azerbaijani government provisions requiring mass media to register with the Ministry of Information were “much stricter” than in any other FSU country.  In his words, “it requires lots of documents, most of which have the potential for being impossible to obtain, and it also creates a situation where the medium’s ‘licence’ can be revoked for just about any reason.”
    Other foreign radio stations who want their programmes relayed in Azerbaijan will also be required to obtain a licence from the Information Ministry, as well as having to register with the Justice Ministry.  This is one of several provisions of a cabinet decision in April on licensing all publishers and broadcasters.
    Restrictive legislation has been a feature of the media climate in Azerbaijan since April 1993, when a presidential decree restored censorship, which had been briefly outlawed by the National Assembly since July 1992.  Currently, local TV and radio stations are required to submit documents to three ministries and to pay a registration fee of almost 4,000 dollars.  In the view of the Azeri news agency Turan, “state bodies have every opportunity to control or exert pressure on independent TV and radio stations and publishing companies in Azerbaijan.”

BBC Monitoring Research, May 7, 1998

II.  President steps in to allow Radio Liberty back on air.

    The Azeri authorities have rescinded an order preventing the broadcast of programmes by the US-funded Radio Liberty on mediumwave under a special instruction issued by President Heydar Aliyev, the Azerbaijani news agency ASSA-IRADA reported on 5th May.
    The Ministry of Communications had stopped the broadcasts on 20th April on the grounds that the radio station did not have the necessary licence.
    “When he found out about this, President Heydar Aliyev instructed the Ministry of Communications and Ministry of Information and the Press to deal with the matter and resolve it in a legal fashion,” the agency said.
    The ministries drew up the necessary documents, but the process of granting Radio Liberty a licence was delayed by the need to resolve a number of “organizational issues,” the agency added, citing a report it had received from the two ministries.
    “Concerned at this, President Aliyev issued a special instruction to the leadership of the Ministry of Communications—as an exception—to resume rebroadcasts of Radio Liberty on mediumwave before the question of a licence had been resolved,” it said.
    Communications Minister Nadir Ahmadov issued an instruction on resuming the broadcasts on 4th May.

ASSA-IRADA news agency, Baku, May 5, 1998

III.  Radio Liberty must obtain licence—minister.

    Azerbaijani Communications Minister Nadir Ahmadov has said that the US-funded radio station, Radio Liberty, still needs to obtain a licence to use his ministry’s equipment despite the fact that broadcasts on mediumwave and FM have now resumed on the instruction of President Heydar Aliyev.
    In an interview published in the Azerbaijani opposition newspaper ‘Azadlyg’ on 6th May, Ahmadov said that the president’s verbal instruction to resume broadcasting “temporarily” came after the US embassy appealed over the suspension of mediumwave broadcasts imposed on 20th April.  “Now Radio Liberty does not have a time limit to get a licence.  But I repeat.  They have to get a licence,” Ahmadov said.
    He also rejected speculation that there had been any political motives behind the decision to stop the broadcasts.  “Radio Liberty is listened to in Azerbaijan anyway, no matter whether it is on mediumwave or not.  Along with mediumwave, Liberty is broadcast in our country on seven other frequencies.  Radio Liberty reports are published in newspapers.  I do not see any politics here,” the minister was quoted as saying.
    Radio Liberty broadcasts resumed on 4th May under a special instruction issued by President Heydar Aliyev, the Azerbaijani news agency ASSA-IRADA reported the same day.
    It said the process of granting a licence was delayed by the need to resolve a number of “organizational issues.”  “Concerned at this, President Aliyev issued a special instruction to the leadership of the Ministry of Communications—as an exception—to resume broadcasts of Radio Liberty on mediumwave before the question of a licence has been resolved,” it said.

ASSA-IRADA news agency, Baku, May 5, 1998

IV.  Radio Liberty applies for Azeri broadcast licence.

    Radio Liberty’s acting director, Jeffrey Trimble, and Radio Liberty’s Azerbaijani Service director, Mirza Khazar, filed an application with Azerbaijani Press and Information Minister Siruz Tebrizli on 24th April.  The document contains a request to consider the appeal and accompanying documents as an application to obtain a licence to broadcast Radio Liberty’s programmes on mediumwave in Azerbaijan.  The authors of the appeal write that they would like the resumption of the broadcasts of Radio Liberty’s programmes on mediumwave as soon as possible under the contract signed in 1993 [between Radio Liberty and Azerbaijani government] and the laws of Azerbaijan.
    On 24th April the spokesman of the [US] State Department, James Rubin, voiced serious concern about the Azerbaijani government’s decision to stop Radio Liberty’s broadcasts.  “We are trying to persuade the Azerbaijani government that freedom of the press must be defended,” Rubin said.

Turan news agency, Baku, April 25, 1998

V.  Radio Liberty official says ban not “political.”

    “We intend to resort to protest actions in the form of pickets, hunger strikes and so on,” a member of the working group of the committee to protect the rights of Radio Liberty, Zakir Mammadov, told [a] press conference [on 24th April].  He said that the committee had addressed an enquiry to the presidential executive office about the ban on Radio Liberty broadcasts in Azeri.  The head of the political department of the presidential staff, Ali Hasanov, replied that “as long as we are in power, nobody can exert any pressure on us, but the radio station should get a licence.”
    Zakir Mammadov also said that a meeting of the committee’s working group with Minister of Communications Nadir Ahmadov had been scheduled.  In turn, a member of the working group, Alimammad Nuriyev, pointed out that the ban on broadcasting Radio Liberty programmes on mediumwave was a violation of article 50 of the republic’s constitution.  He expressed the opinion that this ban was connected with the forthcoming presidential elections.  The view was expressed at the press conference that all journalists should assert the rights of their colleagues as if they were their own, since new ordeals awaited the free press in the form of pressure from above.
    A telephone conversation was held with the head of the Radio Liberty Azeri service, Mirza Khazar, during the press conference.  He stated on the phone that the ban on the radio station’s broadcasts did not have a political character. Asked whether Mirza Khazar had contacted President Heydar Aliyev, he replied that he had not.  He is certain that the issue can be solved at the level of the Ministry of Communications.  Mirza Khazar also said that the US embassy in Azerbaijan had come to grips with the settlement of the problem.

Turan news agency, Baku, April 24, 1998

VI.  “Political dictatorship” put Radio Liberty off air, activists say.

    The committee to protect the rights of Radio Liberty issued a statement [on 23rd April] on the broadcasts of this radio station’s Azeri-language programmes being stopped on mediumwave.  That the Azerbaijani authorities maintain that there are no political motives to this action has sparked off the indignation of all democratic forces, the statement says.  The Azerbaijani authorities, in the presidential election year, have grossly violated the rights of citizens to have access to full and reliable information.  Such a step can be rated as the desire to create an information blockade in the country and to deprive the citizens of a free press, the statement says.  The action of the authorities is a violation of the international convention on freedom of speech, as well as of the UN Declaration on Human Rights.  The authors of the statement think that the Azerbaijani leadership is in fact using political dictatorship.  The appeal is signed by 23 heads of political parties, public rights organizations and the republic’s mass media.

Turan news agency, Baku, April 23, 1998

VII.  Minister explains ban on Radio Liberty relays.

    The news about the Communications Ministry stopping the broadcasts of Radio Liberty on Azerbaijani territory has caused quite a stir recently.  The event itself and its reasons are still being interpreted in different ways.  In order to clarify the issue completely, our correspondent turned to Communications Minister Nadir Akhmadov.
[Correspondent]     Mr Akhmadov, could you give information to our readers about the prevention of Radio Liberty’s broadcasts in Azerbaijan and the reasons for it?
[Akhmadov]     First of all, I would like to note that the issue is not the way many people are presenting it when they say “the Ministry of Communications closes Radio Liberty.”  The question is of ceasing the part of Radio Liberty’s broadcasts which are made using equipment of the Ministry of Communications in Azerbaijan.  The reason is connected with the need to obtain special consent (a licence) at the Ministry of Information and the Press.
    Under the law adopted on 4th October 1997, those who are engaged in this type of activity should obtain a licence.  Recently the broadcasts on mediumwave using equipment of the Ministry of Communications were stopped because Radio Liberty did not get a licence.  Before taking this step we informed them on the 16th [April].  On 18th-19th April I was personally in touch with Mirza Khazar [the head of Radio Liberty’s Azerbaijani service].  He said that he did not know about the existence of this law and at the same time he acknowledged that he had not approached the Ministry of Information and the Press.
    I would also like to say that Radio Liberty will [continue to] broadcast on shortwave in the republic.  If a licence is obtained soon, it is likely that the issue of opening the same waveband [mediumwave] will be reconsidered.  If it takes a long time this equipment could be used for other purposes.
    Finally, I would like to say that as one of the state bodies engaged in implementing state laws, the Ministry of Communications is trying to settle all the issues within the framework of the law.  Our republic is taking the path of democracy and we should, first of all, respect the republic’s laws ourselves.  From this point of view, the step we have taken is right and is based on the existing laws of the republic.

‘Nakhichevan,’ Baku, April 22, 1998

VIII.  MP critical of ban on Radio Liberty relays.

    The Milli Majlis [parliament] has held its regular sitting.  Once again, parliament faced a quorum problem, but this was not the only problem.  The Milli Majlis again turned into a scene of reckoning between the authorities and the opposition. . . .
[Correspondent]     Referring to the ban on Radio Liberty broadcasts [being relayed locally] on mediumwave, [MP for the People Front of Azerbaijan Party Ali] Kerimov said that in conditions of arrested development of the press and the existence of censorship, the radio was the only source of unbiased information, adding that it had not been closed for technical reasons.  In Ali Kerimov’s opinion, the Milli Majlis should rate this as an infringement of freedom of speech.  Ali Kerimov also said that [the opposition] was given no opportunity to appear on Azerbaijani television.  [Chairman of the Azerbaijani State TV and Radio Company] Nizami Hudiyev said that the opposition did make use of the television.  He said that [PFAP leader] Abulfaz Elchibey had been invited to appear and turned down the invitation.
[Hudiyev]     Abulfaz Aliyev [Elchibey] said: Let me consult with the executive body whether or not I can come.  Three or four months have passed since he went off in January and Abulfaz Aliyev is still wondering what decision will be taken by the executive body and whether he will come.  This means that the man cannot think independently, the executive body has to give permission.
[Correspondent]     Addressing Kerimov, the Press and Information Minister Siruz Tebrizli said:
[Tebrizli]     What law are you talking about?  What democracy are you talking about today?  You know that the situation is changing in Azerbaijan because people understand that it is a good thing to talk about morals and decency, but it is a tragedy when women of indecent behaviour talk about morals and decency.
[Correspondent]     Ali Kerimov was not given the possibility to reply.  But he said the following in front of the ANS camera:
[Kerimov]      It’s hard to understand Sirus Tebrizli’s statement to our seven-million strong nation that there is no censorship in Azerbaijan.  And I think that it would have been very difficult for a man of morals to tell such a lie.  I would like to ask him if he, as press and information minister, cannot express his thoughts without using abusive language.

ANS TV, Baku, April 21, 1998

IX.  Radio Liberty ban sign of authorities’ “weakness”—paper.

    Hasan bey Zardabi [founder of the first Azeri democratic newspaper ‘Akinci,’ 1875-77] wrote approximately 120 years ago that the press should be the mirror of society and report accurately so that people can learn what is good and what is bad.  Even though today’s Azerbaijani press cannot report properly about the country’s news and, in particular, news about the concealed wheeling and dealing of top officials due to certain restrictions, it tries to cover the news as carefully as possible and in code. . . .
    Even though Radio Liberty serves Azerbaijani interests, it is not the property of Azerbaijan from a legal point of view, but is independent.  [Article Five] of the law on the mass media clearly states that this law applies to the mass media which is established on the territory of the Azerbaijani Republic.  However, our Communications Ministry is guided by the amendment on licences to that law (5th November 1996).  The licensing of a mass media entity is understood as a restriction on it.
    Do not disgrace yourselves, gentlemen! Instead of breaking the mirror, make yourself into normal human beings.  Act in such a way that the mass media will not be able to find any failings in you and be on your side.  In fighting against them you show your own weakness and prove that whatever they say is true.

‘Mukhalifat,’ Baku, April 21, 1998

X.  Azerbaijan stops Radio Liberty relays.

    The Azerbaijani department of the Svoboda [Liberty] radio station stopped broadcasting on the medium and FM waves across the republic’s territory on [20th April], following a decision of the Communications Ministry.  The station is to pay for the licence for transmitting programmes in Azerbaijan, the ministry told an Interfax correspondent.  In the meantime, the station’s management said in its programme that its agreement with the ministry on broadcasting in the Azerbaijani language across the country has been in force since 1993.  The station made prompt payments in keeping with this agreement, they said.

Interfax news agency, Moscow, April 20, 1998


KAZAKHSTAN 

I.  Kazakhstan on defensive over Berezovskiy-Murdoch TV plans.

    This is Radio Mir [a regular slot of the CIS Mir TV and radio company on Russian Mayak radio].  The 10th edition was prepared by the Kazakh office in Almaty.  This is Balziya Mirkhaizova.  Good morning.
    Boris Berezovskiy and Rupert Murdoch, who owns News International, have recently got together to buy a TV company in Kazakhstan.  Unfortunately, it is not yet known what particular channel they bought there.  However, this is not the main point.  The main point for everyone in the country, and above all for the authorities, is foreign presence in the Kazakh mass media.  The number of sensitive nuances and developments which are arising in this sphere is breathtaking, and it offers much food for analysis and forecasts.
    The situation becomes even more interesting in the light of a statement made by the Kazakh Prosecutor-General’s Office not long ago which said that legal action would be taken regarding violations of the law on the press.  It was made clear from the beginning that this legal action would not be directed against any particular publishing house or particular artists or authors of particular articles.  Kazakh Prosecutor-General Yuriy Khitrin started legal action not only to take specific measures against those guilty [of violations], but also to make crime prevention in this sphere more effective and to raise the issue of improving laws on the media, the official statement said.
    After the appearance of the Berezovskiy-Murdoch duo on the Kazakh scene there is no doubt that the warning of the Prosecutor-General’s Office has nothing to do with journalists who are in general loyal to the authorities, but that it concerns foreign investors in the Kazakh media and their plans for information expansion into our country.

Ostankino Radio Mayak, Moscow, May 18, 1998

II.  Murdoch’s News Corp. Invests in Russia.

    Rupert Murdoch’s News Corp. made its first foray into eastern Europe last week when it agreed to acquire a substantial interest in PLD Telekom, Inc.
    Formerly Petersburg Long Distance, Inc., PLD is a publicly traded, New York City-based holding company that participates in ventures providing telecom services in the Russian Federation, Belarus, and Kazakhstan.  News Corp. said the move was intended to capitalize on the growth of the telecom services market in the former Soviet Union.
    Further, News Corp. said it was negotiating to sell half of the PLD interest to Logo VAZ, which News Corp. described as “a major Russian industrial conglomerate.”  News Corp. has its headquarters in Sydney, Australia.
    The Russian play is an odd investment for News Corp., which is best known for its film, TV, and newspaper assets.  Its major investments in telecom services have been in concerns capable of delivering content produced by its FOX Group.
    News Corp. does have substantial interests in direct-to-home satellite video providers British Sky Broadcasting Group PLC (BSkyB) and STAR TV in Asia.
    In the U.S., News Corp. has agreed to merge its majority-owned DBS (direct broadcast satellite) licensee, American Sky Broadcasting (ASkyB), into Primestar, Inc.  News Corp.’s News America subsidiary owns various Internet properties, including TV Guide Entertainment Network, Fox News Online, and Fox Sports Online.
    But the PLD Telekom interest marks News Corp.’s first investment in a common carrier.  A spokesman at News Corp. would not elaborate on Mr. Murdoch’s official statement.
    “PLD has established itself, through a focused capital investment program over a number of years, as a major participant in providing state-of-the-art telecommunications infrastructure, products, and services in the former Soviet Union,” said News Corp.’s chairman  and chief executive officer.
    Marion Boucher Soper, a fixed-income securities analyst at Bear, Stearns & Co., said she expected News Corp. to “remain interested” in modest-sized acquisitions in Europe.  She noted that the PLD announcement followed News Corp.’s failed attempt to buy into Spanish TV concern Mediaset.

TR International, May 1, 1998