Post-Soviet Media Law & Policy Newsletter


Issue 50     Benjamin N. Cardozo School of Law     November 1, 1998 

RUSSIA

MEDIA TAX CONCESSIONS LAW

I.  Duma to fight veto of media law. 

        The State Duma’s Committee for Information Policy and Communications will try to persuade the lower house of parliament in the week beginning 2nd November to override the Federation Council’s veto of the law on tax concessions for the media, the chairman of the committee, Oleg Finko, told ITAR-TASS on 30th October.  The agency quoted him as saying that “unless the law is passed, up to 40 per cent of media outlets will go out of business.” 

ITAR-TASS news agency (World Service), Moscow, October 30, 1998 

II.  Paper discusses future of media tax concessions law. 

        Boris Yeltsin spoke [on 23rd October] in defence of the draft laws on state support for the media.  Speaking to [Federation Council Speaker] Yegor Stroyev, the president explained that this is “a forced measure, which is necessary in current conditions, and a decision on the issue should be taken without delay.”  Let us recall that what is in question is the extension of tax and customs concessions for the media for another three years. 
        It turned out that Oleg Finko, the head of the State Duma Committee for Information Policy, is totally in agreement with the president although it was on his initiative that the Federation Council’s veto of both laws was taken off the Duma’s agenda [on 21st October].  In an interview with your ‘Segodnya’ correspondent, Mr Finko said that the situation will return to normal by the middle of November since those who “stirred up all this trouble by blocking the laws have driven themselves into a dead end, from a legal point of view.” 
        When asked the logical question of why the point about overturning the veto was taken off the State Duma’s agenda on his initiative, Finko replied:  “Right before the session, I learned that a fairly large group of deputies intended to oppose it and, since more than 300 votes were needed, I decided not to take the risk.”  (‘Segodnya’ has learned that a sizable proportion of deputies from the CPRF [Communist Party of the Russian Federation] and People’s Power factions were prepared to vote against overturning the veto). . . .  How will events develop?  In Finko’s opinion there are two options:  Either the veto will be overturned or a conciliation commission will be set up with the Federation Council.  Hearings on the veto will take place, in the opinion of the head of the Duma committee, on 3rd-5th November, no later . . . .  In Finko’s opinion, the realization that the situation is hopeless is gradually beginning to dawn on all the interested parties and consequently, “the laws will be adopted in their current form or with minimum amendments.”  But let us wait and see. 

‘Segodnya,’ Moscow, October 24, 1998 

III.  Duma set to overrule veto on media tax law. 

        Duma Speaker Gennadiy Seleznev said that the lower house of parliament is ready to overrule the Federation Council’s veto of the law on state support for the mass media. 
        Seleznev told ITAR-TASS on [17th October] that the Duma has passed the law and now the mass media should “put pressure on the Federation Council.” 
        Earlier, the speaker expressed indignation at the senators’ refusal to support the law extending tax credits and state support for the mass media.  The upper house of parliament returned the law for review. 
        He stressed that “the introduction of censorship is impossible” in Russia now. 

ITAR-TASS news agency (World Service), Moscow, October 17, 1998 

IV.  Federation Council vetoes media tax concessions. 

        The Federation Council—upper house of parliament—on [the 15th] voted down amendments to laws on taxes and customs tariffs that would provide concessions to the mass media and book publishing. 
        State Secretary Valery Storozhenko, who is deputy chairman of the Russian Press Committee, said in an interview with ITAR-TASS that he hoped the Duma lower house would override the veto of the Federation Council.   He said the Federation Council on 14th October approved prolongation for another three years of a law on state support for mass media, book publishing and book trade, only to turn down on the next day the laws that would enact it. 
        The Federation Council has undone its own decision, Storozhenko said.  He said arguments against the laws were anything but juridical considerations.  “Anybody can hardly be assured that the very fact of declaring the state support for the mass media and book publishing can ensure it.  Real mechanisms for its implementation, which were contained in the draft laws rejected by the Federation Council [on 15th October], are needed for this as the very least,” he said. 
        Storozhenko said the situation did not look hopeless.  The Duma passed the law-prolonging decision a week ago by an absolute majority of votes and this promised its returning to the issue to override the upper house’s veto. 

ITAR-TASS news agency (World Service), Moscow, October 15, 1998 

V.  Duma grants tax benefits to the media. 

        [On 30th September], the Duma renewed tax benefits to the media until 1st January 2002 by adopting appropriate amendments and additions to the law “On state support for the media and publishing in the Russian Federation.”  According to (LDPR [Liberal Democratic Party of Russia]) Deputy Oleg Finko, who is chairman of the State Duma Information Policy and Communications Committee, the benefits will apply to profit taxes, value-added tax, customs duties, postal service payments and to the leasing of premises. 
        The committee chief noted that as before, the law applied “to all publications, including red and pink but not the blue ones, because erotic publications are not covered by this law.” 
        The Duma’s concern for the media is unlikely to be confined to noble impulses.  The granting of benefits does not signal the abandonment of the intention to establish control over the media and, above all, over television companies. 

‘Segodnya,’ Moscow, October 1, 1998 



PROPOSED AMENDMENTS TO MASS MEDIA LAW

I.  Protest against plans to increase media curbs. 

        If the draft changes and additions to the law on the mass media which have been prepared in the State Duma are adopted, this will have irreparable consequences for freedom of speech in the country.  This is stated in an appeal from the leaders of a number of the mass media addressed to parliamentarians. 
        The appeal has been signed by the chief editors of over 30 publications [and broadcasters] including ORT, VGTRK, NTV, TV6, ITAR-TASS, Interfax and RIA-Novosti, the newspapers ‘Trud,’ ‘Kommersant Daily,’ ‘Nezavisimaya,’ ‘Izvestiya’ and ‘Segodnya,’ the magazines ‘Itogi’ and ‘Ogonek’ and the radio stations Radio Russia and Ekho Moskvy. 
        Alena Stepanenko has the details: 
[Correspondent]    The appeal says that the draft law expands the list of grounds for closing the media and increases the number of officials who have the right to do this.  Moreover, it brings in a whole range of restrictions on the activities of journalists which are simply absurd.  If the law is adopted, supervisory councils will appear in the editorial offices and these will be, in essence, censoring councils. 
        Moreover, under the pretext of combating monopolies, the authors of the draft law propose restricting the broadcasting of television channels and radio stations to one constituent part of the federation which, the media chiefs say, will lead to the closure of nationwide television and radio companies. 
        Overall the adoption of such a law will mean an increase in the control exercised by state bodies over the state media and possibly arbitrary control by bureaucrats over the private media, the appeal says. 
        In view of this, the media chiefs have called on the parliamentarians to halt the discussion of the draft law and to carry out further work on it with the participation of journalists and representatives of the very broad public.  In our turn, the chief editors say, we are ready to take part in this work. 

Ekho Moskvy radio, Moscow, October 16, 1998 

II.  Draft law seen likely to destroy Russia’s media. 

        Russia’s lower chamber of parliament, the State Duma, is planning legislation which will force a small group of Russia’s media magnates to surrender part of their ownership in broadcasting and the print media, the Russian newspaper ‘Segodnya,’ owned by media baron Vladimir Gusinskiy, reported on 13th October.  The Duma is to debate a draft law which will allow individuals to hold just up to 25 per cent of shares in a major broadcasting company.  The paper suggested that if passed, the law would affect virtually all of Russia’s large private TV networks.  The following are excerpts from the ‘Segodnya’ report entitled “The dekulakization of the media.  The State Duma has prepared a draft law to wreck the media” ; subheadings added editorially: 
        Serious trouble is looming over the Russian media market.  The State Duma intends to pass legislation which will wreck whatever is left to destroy, following the crisis [in the advertising market]. 
New media law to abolish large media companies 
        The lower chamber is preparing for the second reading of the new draft law “On mass media.”  If passed, the law will force many television companies, radio stations and publications either to shut down or to look for new bosses.  The authors of the document have decided to do away with large media holding companies and to strip banks and financial-industrial groups of their right to own controlling blocks of shares in television and radio broadcasting companies, newspapers and magazines. 
        The authors of the draft law (Gabidullin, Nesterov, Finko, Sukharev, Tsoy and Shenkarev) have found that the simplest way of achieving wider ownership in the media is dekulakization [reference to private farmers, kulaks, who were forced to surrender their wealth to the state in the 1920s]. 
New law to hit most broadcasting companies 
        The law will allow corporate bodies and individuals to own up to 25 per cent of shares in broadcasting companies which cover more than one region of the federation.  Let us note that virtually all large nonstate television companies will be affected by this measure.  The owners of several publications, if they have at the same time acquired television and radio broadcasting licences, will be subject to dekulakization. . . . 
        In other words, media magnates are being asked to share their wealth with others.  The question is with whom?  And who, generally speaking, can invest money in confiscated media shares these days?  It would be logical to think that it should be the state.  But not the state the way it is now, when the budget is failing to cope with funding the state’s only company, the All-Russia State Television and Radio Broadcasting Company [VGTRK]—something that its chairman Mikhail Shvydkoy has been constantly complaining about.  Perhaps the state can own some prosperous newspaper, which is widely read by the public.  Absolutely not.  ‘Rossiyskaya Gazeta’ (founded by the Russian government) is known to be a “mandatory” publication for all power structures (which are also its “mandatory” subscribers), because it has monopolized the right to be the first to carry presidential edicts and government decrees. 
        Incidentally, Duma deputies have also concocted a similar “mandatory” publication for themselves:  ‘Parlamentskaya Gazeta’[parliamentary newspaper] has been granted the unique right to be the first to carry the laws adopted by the deputies.  But even despite the monopoly “jus primae noctis,” the aforementioned newspapers are hardly making ends meet. 
The new law a financial noose for private media companies 
        It is not only a financial noose which is in store for the nonstate mass media.  The draft law has considerably expanded grounds for suspending or terminating a particular media outlet, for example, if a media owner “has failed to share” his shares or licences (see above).  In other words, if you do not give away some of them, you will lose them all.  And this has nothing to do with state (antimonopoly) interests.  It has everything to do with the desire to tuck into the airwaves and newspapers prior to the elections.  And preferably for free. 

‘Segodnya,’ Moscow, October 13, 1998 

III.  Duma speaker denies plans for TV censorship. 

[Presenter]     Gennadiy Nikolayevich, I cannot fail to ask you this because you have spoken on this subject [on 30th September].  Why have you taken up arms against television? 
[State Duma Chairman Gennadiy Seleznev]     In the first place, we have taken up arms against television because television put a totally unjust interpretation on the way we raised the question of setting up observers’ councils at state television and radio companies.  There is not a single state television and radio company anywhere in the world which does not have an observers’ council.  This is obligatory everywhere.  Moreover, even many independent television channels throughout the world try, themselves, to have observers’ councils or trustee councils set up which, together with the editorial office, determine policy, decide the fate of providing for these programmes and channels. 
        We do not wish simply to influence the programme policy of the two channels.  We want equally to push through the budget money which the state does not allocate to these channels.  If it is owned by the state, it will get the state’s go-ahead.  Give it what is written in the budget.  Therefore, when they took up arms against the deputies, naturally there was a reaction.  You must recall how [words indistinct] they shouted:  they intend to put a muzzle on us.  What sort of muzzle?  What sort of collar?  What else?  You are reviving the censorship bodies.  This is not what it is about at all.  Read what it says.  We have a clause about an observers’ council which has, by the way, been approved for VGTRK [All-Russia State TV and Radio Company] and its collegium and for ORT [Russian Public TV]. 

NTV, Moscow, September 30, 1998 



NEWS ON ORT

I.  New ORT head rejects merger or nationalization. 

        The new Russian Public TV (ORT) general director, Igor Shabdurasulov, has described as “absurd” the rumoured proposals to merge ORT and the All-Russian State Radio and TV Company (VGTRK).  In an interview for Russian independent Television (NTV), he also referred to the lack of federal funding for ORT in the last three years, and dismissed the idea of nationalizing ORT.  The following are excerpts from the interview with Shabdurasulov, broadcast by Russian NTV; subheadings added editorially: 
[Presenter]     Hello.  This is the “Hero of the Day” programme.  Svetlana Sorokina is in the studio.  Our guest [on 15th October] is Igor Shabdurasulov who was elected general director of Russian Public Television—ORT—the first channel.  Hello, Igor Vladimirovich. . . .  There have been rumours about the possible merger of the first and second channels, the ORT and the VGTRK [All-Russian State Radio and TV company].  The rationale seems clear—there is no money for the upkeep of both national channels.  I have two questions to this effect.  First, has this idea finally died or not?  Second, is there any logic behind the merger? 
[A]     Judging by what Leonid Petrovich Kravchenko [former head of USSR State Committee for Television and Radio Broadcasting] is saying, and some other people as well, the idea is still alive in many heads.  I think this is an absurd idea.  When you said that it was difficult to maintain two channels, I would like to ask you who is paying. 
[Q]     This is what people usually say. 
[A]      I think they say this deliberately, to cloud the issue.  Or, they just don’t understand anything. 
ORT funding 
[Q]     Does the government allocate money to ORT? 
[A]     Let me remind you that in 1996, 1997 and 1998 the federal budget did not have any provisions for—and this means did not allocate—any money to maintain ORT financially. 
[Q]     The controlling interest—51 per cent of shares—belongs to the government.  Why doesn’t the government take part in funding the company? 
[A]     This is a good question.  I have been asking this since March 1995 because I was to a certain extent involved in the founding of ORT and was always aware of the company’s situation. . . . 
[Q]     What about the idea of nationalizing the company?  It is being discussed now, isn’t it? 
[A]     Yes, it is another “great” idea.  This is what they say.  The government cannot afford two channels.  The government has not given a single kopeck to the first channel, and then they tell us to merge the channels and to give away the second channel’s airtime and frequencies to regional companies or to put it out to tender.  One state TV channel is enough, they say.  If so, why don’t we have just one newspaper?  Let’s close down all the newspapers. 
[Q]     Newspapers are cheaper. 
[A]     Yes, I agree.  But before the collapse of the advertising market, did ORT really ask for the government’s money?  I worked in a government office and I was in charge of the media field, so I have a more or less clear idea about the real situation.  Officially, ORT has never asked the government or the president for money, not even once, although the situation was very serious. 
[Q]     But it was quite sensitive because it was not just funding that was involved. 
[A]     Yes, political motives.  But let us see.  Perhaps, this is cynical but there is a saying—he who pays the piper calls the tune. . . .  The government has issued our licence.  The licence costs a lot, the government says.  Perhaps.  A costing exercise should be done with the licence, but, perhaps, it is expensive.  The government is telling us to sort our problems ourselves, but, however—and this idea has always been lurking in the background both in the past and at present—it wants to tell us what to say, how, when and to whom.  Excuse me. 
New supervisory council for television 
[Q]     I hear that the first meeting of the supervisory council is to take place at Russia TV [RTV] tomorrow [16th October].  The so-called council comprises representatives of the government, the Federation Council and the State Duma and [regional] administrations.  What is your attitude towards the supervisory council? 
[A]     Very positive. 
[Q]     Will you be happy if they come to you? 
[A]     They have come to us.  We have invited them ourselves.  Let me remind you that as far back as March 1998 the government decided to set up supervisory councils both at ORT and RTV. 
[Q]     How does it work at ORT? 
[A]     As far as I know, they have had several meetings already.  By the way the supervisory council comprises very different people whose political views, likes and dislikes or some other parameters are far from being homogeneous.  For instance, [leader of the Liberal Democratic Party] Vladimir Volfovich Zhirinovskiy, [Communist deputy] Svetlana Goryacheva and [analyst Emil] Pain are members of our council.  I mean we have different people there. 
[Q]     What is the concrete result of their work? 
[A]     They discuss the programme policy, the state of the channel, the quality of information.  They issue recommendations.  They may disagree with some of our positions, and this is normal.  We are ready to accept this.  If we agree with the essence of the problem and why it was raised, we are ready to carry out their recommendations.  There is one problem, though.  It is impossible for any supervisory council to interfere with the managerial executive functions of any TV company or any of the mass media. 
[Q]     You mean they only have a consultative vote. 
[A]     Indeed, and this is very valuable and very important.  However, functions should not overlap.  The supervisory council should not assume any duties which are beyond its competence.  By the way, this is something which is currently being very actively incorporated into a draft federal law on television and radio broadcasting.  Excuse me, but it is not possible to agree with it. 
Fate of the law on tax breaks for media  
[Q]     As for the law.  The Federation Council contradicted its own decision which it made [on 14th October].  They did not approve the law on extending allowances for the media and the publishing industry.  What consequences will this have for ORT?  I mean if they go back on their previous decision.  A conciliatory commission will examine the situation.  If they go back, what will happen? 
[A]     You know, I can only quote [Lev Tolstoy who said] that everything got messed up in the home of the [family] Oblonskiy.  I cannot understand what is going on in parliament at present.  The State Duma, for instance, has many deputies who, mildly speaking, do not like the mass media in general and television in particular.  Nevertheless, the Duma’s state interests prevail over their personal choices and the Duma passes the law.  In the Federation Council, [Samara regional governor] Konstantin Alekseyevich Titov—whom I know personally and have always thought of as a balanced and realistic man, a reformer—I cannot understand what he is saying.  I was watching him and could not understand what he was saying.  I am not even mentioning some other deputies.  They contradict themselves.  Yesterday they passed the basic law and today they rejected the main amendments to the law.  They want to discuss the supervisory council.  OK, we can talk, no tragedy there so far—but if they don’t agree on a decision and if they offer us the law which is being currently prepared for a second reading in the State Duma, the law on amendments and addenda to the law on the mass media, if they offer us their current version of the law on TV and radio broadcasting, just forget about the main achievement of our reform, about freedom of speech, freedom of the mass media, the opportunity to objectively cover events and be independent in covering exchanges of opinion. . . . 
 At the end of the day, it looks like we are going back to the old times when we had to shut up.  Those who think that these are trifles, are very mistaken.  Those who think that these are just minor changes, just small amendments, are mistaken.  There is a critical line.  I am deeply convinced—and not just me, as far as I know, but the heads of quite a few mass media companies have signed a special statement—and I hope that it will be published tomorrow.  The statement is addressed to the president [Yeltsin], the government and parliament because this is not a trifle.  This is an absolutely clear position:  sit, stand still, freeze, don’t move. 

NTV, Moscow, October 15, 1998 

II.  Paper views effects on ORT of advertising crisis. 

        The Russian newspaper ‘Izvestiya’ forecasts a drop in the quality of Russian Public TV (ORT) programmes following the collapse of Russia’s advertising market.  Earnings from advertising may fall by as much as 50 per cent, while state funding has not been forthcoming ever since the government sold off 49 per cent of the company shares, the paper said.  Moreover, ORT is in serious debt to television producers.  According to the paper, none of this augurs well for the future.  The channel’s management is considering major reductions in staff.  Wage cuts may also be in the offing, the paper added.  The following are excerpts from the ‘Izvestiya’ report; subheadings added editorially: 
        Endless classical music concerts.  Live broadcasts from theatres.  Repeats of daytime programmes late in the evening.  And almost a complete absence of good films and advertising.  That is not the past of domestic television.  Rather, it is a forecast of what is to come. . . . 
Decline in quality of ORT programmes predicted 
        Such pessimism is not unfounded.  As ORT [Russian Public Television] acting director Igor Shabdurasulov said, the crisis in the advertising market is dangerous for television not only because of financial losses.  It could have an effect on the quality of television programming as well. 
        “The first channel gets almost all of its funding from advertising,” ORT press secretary Grigoriy Simanovich explained to an ‘Izvestiya’ correspondent.  “And in spite of the fact that 51 per cent of the shares in the company belong to the state, ORT has not seen a kopeck of budget money since 1996.” 
        Even according to the most optimistic forecasts, the volume of advertising will half because of the current crisis.  Conclusions are clear.  There will be no money to spare for new programming.  Even now ORT is in serious debt to television producers.  True, as our ‘Izvestiya’ correspondent was assured by the company’s press secretary, ORT is conducting negotiations with producers.  Possibly, the company will manage to reach another agreement with them. 
Ways of reducing cost of programme-making explored 
        According to the information received by ‘Izvestiya,’ the situation might be saved by reducing the cost of programmes.  The more so since there are reserves.  Such companies as VID, Ren TV and a number of others have been selling their products at obviously marked-up prices.  And a reduction in fees to stars would mean that programmes could be made at 60 per cent of the cost.  But it is very likely that after the approval of a new broadcasting schedule on 3rd October, some programmes will disappear from the air (mainly daytime programming).  The ORT management is also quite seriously considering reductions in staff wages and in some of their engineering and editorial staff. 
Other channels face similar problems 
        Other channels are facing similar problems.  VGTRK [All-Russia State Television and Radio Company] is planning staff cuts.  In addition, Russian television is being constantly disturbed by regular changes of management, which inevitably lead to a high turnover of staff.  NTV is considering temporary pay cuts for workers as a possible measure.  TV-Centre could do without the services of at least one-third of its 1,500-strong team.  Just as in the instance of ORT, engineers will be the first to go. . . . 
        The bigwigs in the advertising business are broadly hinting that with the current collapse of the market, the only hope for television companies are the forthcoming elections.  When the battle begins for voters rather than clients, the income of the viewing audience will be of no importance.  And parties will find money for the election campaign. 

‘Izvestiya,’ Moscow, September 23, 1998 

III.  Berezovskiy comments on ORT “nationalization.” 

        CIS Executive Secretary Boris Berezovskiy is convinced that “today any nationalization in Russia would lead to civil war.”  He said that to Interfax on [17th September] while commenting on reports that the State Duma is drafting a resolution to nationalize Russian Public TV [ORT]. 
        Berezovskiy stressed:  “We have already been there once—in 1917.”  “Today any nationalization would lead to civil war.  People who try to initiate such projects must realize this,” he said. 

Interfax news agency, Moscow, September 17, 1998 

IV.  Duma’s plans for the “deprivatization” of ORT. 

        Russia’s major newspaper ‘Kommersant-Daily’ reported on 17th September that parliament is planning to “deprivatize” Russian Public TV in which the state currently has a 51 per cent stake.  The paper said however that the legal procedure for the state to reclaim the other 49 per cent was unclear.  It was doubtful that there is enough money in the treasury to pay off the private stockholders or, in fact, to run another state TV channel.  The following is the text of report by the Russian newspaper ‘Kommersant-Daily’ web site, sub-headings added editorially: 
        ‘Kommersant’ has learned that the Duma intends to deprive the present private stockholders in ORT [Russian Public TV] of their ORT stocks.  It proposes doing this as early as October, when the draft law on deeming the privatization of Ostankino [former name for ORT] as invalid comes up for consideration in the Duma.  The author of the law, Oleg Finko, who is the head of the Duma Committee for Information Policy and Communications, is now confident that its initiatives have a very good chance of being approved.  Here is Roman Kostikov with the details. 
ORT to be “deprivatized” as opposed to being renationalized 
        As ‘Kommersant’ wrote [on 16th September], the committee has prepared a draft law which specifies the “statification” of ORT.  True, it is not a question of nationalizing the first channel but of deprivatizing it.  This considerably improves the chance of the Duma approving the draft law. 
        The point is that nationalization is in breach of the laws already in force.  The opponents of Deputy Finko have said it over and over again.  If real (or imaginary) violations are found in the privatization of the first channel, it can be quite legally recognized as invalid and the television company itself can be deprivatized. 
Procedure unclear for the state to repossess ORT stocks 
        Finko acknowledges that the mechanism for returning the company to the state has not yet been worked out in detail.  For the time being, Finko proposes that the Duma Council create a special commission to establish who has put in funds for ORT shares, when and how much to return to whom.  “The commission will find out precisely who paid, who did not pay and who obtained shares for free,” Finko threatened.  “We will look into this.  Just as we will look into precisely how much the state should pay today’s owners.” 
        It will be proposed that those who have registered their intellectual property under the charter capital of the ZAO [private company] ORT reclaim the funds they paid for that intellectual property, in accordance with the legislative procedure. 
Uncertainty over the state’s ability to pay ORT stockholders 
        Despite Finko’s statements, however, the money which the stockholders have invested in the development of the television company will most likely not be returned to them.  At least, the draft law says nothing about it.  Finko simply proposes that [Russian media magnate who has a stake in ORT] Boris Berezovskiy “take away with him” all the money that he invested in ORT. 
        Oleg Finko is not too worried about the question of where the state will get the money for deprivatization:  “If money from privatization went to the state budget, then it should be returned from there.” 
        The funds really can be found to pay the stockholders, even in the present poverty-stricken budget.  It is more difficult to find funds to keep the television company going.  As the experience of the VGTRK [All-Russian State Television and Radio Broadcasting Company] shows, state television is so expensive that it simply demands more than the state can afford.  But this does not disturb the author of the draft law:  “It is a myth that the state cannot pay for ORT.  The Finance Ministry pays for the signal in full.  And then, after all, no one will encroach on the channel’s earnings from advertising.  Those are your sources of livelihood.” 
Half the deputies likely to support ORTV deprivatization 
        Oleg Finko has no doubt that the law will be passed:  “Right now, our law is absolutely passable.  I have an intuitive feeling for the atmosphere in the Duma today.  I am confident that half the deputies will support the bill.  I do not want to name the factions for the time being but many leftist deputies are in sympathy with me and all the members of the LDPR [Liberal-Democratic Party of Russia] faction will vote for the draft law.” 
        If nothing comes of this undertaking, Finko has another surprise in hand for the ORT stockholders:  “I am quite a persistent person and if this law is not passed, then we will introduce another draft law, almost the same, except that it will be on the nationalization of ORT.” 

‘Kommersant-Daily’ web site, Moscow, September 17, 1998 



VGTRK SUPERVISORY COUNCIL

I.  VGTRK watchdog creates “illusion of control.” 

        The VGTRK [All-Russia State TV and Radio Broadcasting Company] supervisory council met for its first session at the TV company’s premises in Leningradskiy Avenue.  The state TV company’s management and “representatives of the public,” some of whom did not disguise their dissatisfaction with the VGTRK’s work, met at the same table.  As could easily have been predicted, no specific decisions were adopted at the session.  Council members merely observed one another, reiterated their oft-stated views on the VGTRK’s activities and went home after forming a working group which will meet in the near future to finalize the statute on the council. . . . 
        CPRF [Communist Party of the Russian Federation] leader Gennadiy Zyuganov’s September threat to insist on the dismissal of VGTRK Chairman Mikhail Shvydkoy provided grounds for a session of the supervision council to be held.  Admittedly, the TV company was not so much frightened by the actions of Gennadiy Andreyevich, who does not have the right to independently regulate the VGTRK’s activities, as by the critical situation in which the state TV company has found itself.  Apart from the now familiar underfunding by the treasury (the state only has enough money for 1.8 hours of broadcasting a day), the VGTRK was poleaxed by the total collapse of the advertising market and by the massive preparations of the TV company’s trade unions to oppose continuing staff reductions accompanied by a promise to publish yet more compromising materials about the VGTRK management. 
        In the current situation the concession to the Duma majority appears to be a lifesaver for the VGTRK.  It is no accident that at the first supervision council session Mikhail Shvydkoy did not object, as he had done before, to intervention in the TV company’s affairs, but asked for help.  The VGTRK chairman even plucked up the courage to declare that the council would not on any account censor state TV.  He admitted that the company entrusted to him had serious economic problems, for example, it owes the communications sector money.  There is work to be done “to clear away the mountain of financial problems and to create an efficient state television and radio broadcasting system in the next year or year and a half.” 
        Valentin Zorin, who took over the chair of the session from Mikhail Shvydkoy, tried to bring the meeting to a more or less successful conclusion.  He proposed that they finally start work, allowed everyone who wanted to state their views (even the representatives of the enraged VGTRK unions), and quickly formed a council working group, which included, at the suggestion of Shvydkoy, the most influential figure in the VGTRK, its first deputy chairman, Mikhail Lesin.  Now we can be sure that the public supervision council will not inflict any particular damage on the VGTRK and may even really help it to get through the crisis.  The main thing the company’s management has to achieve with the support of loyal council members is to create a convincing illusion of parliamentary control and influence over the VGTRK while retaining the maximum possible degree of inviolability, thereby obtaining real parliamentary protection. 

“They can see everything from their vantage point.  VGTRK is being rescued by public watchdog,” ‘Izvestiya,’ Moscow, October 21, 1998 

II.  VGTRK supervisory council holds first session. 

        [On 16th October] VGTRK’s [All-Russia State TV and Radio Broadcasting Company] supervisory council held its first session.  The council is to be formed from seven people from each branch of power:  the president’s administration, the government, the State Duma and the Federation Council.  Also invited were representatives of the [Russian] Academy of Sciences, Academy of Pedagogical Sciences, the Olympic Committee, the Judicial Chamber and well-known cultural and press figures. 
        Despite the fact that, as VGRTK Chairman Mikhail Shvydkoy said, letters were sent to all interested parties, including [State Duma speaker Gennadiy] Seleznev and [Federation Council speaker Yegor] Stroyev, the State Duma had only two representatives at the table:  one from the LDPR [Liberal Democratic Party of Russia] and the CPRF [Communist Party of the Russian Federation] while the Federation Council had none. 
        There were disagreements on procedure.  A proposal was made to elect Deputy Prime Minister Valentina Matveyenko head of the public supervisory council.  But she wasn’t here today, she is away on business, and without her the question of elections fell by the wayside. 
        Also, the Duma deputies decisively opposed an item on VGRTK in the charter on the supervisory council.  Yuriy Ivanov, a Communist who said he was speaking for all the left-wing factions in the Duma, was even more decisive. 
        After the council—to its organizers’ credit, they did not drive the press out of the hall—had reached a dead end, a break was called for the tense atmosphere to subside. 
[Yuriy Ivanov, Communist deputy, talking to NTV outside the session]     I am just depressed.  Under the agreement between the executive and the legislature, all political forces were represented so that some kind of consensus could be reached on bringing order to television and so that it could indeed be ensured that there is no censorship. 
        Instead of this, Shvydkoy, a civil servant, is setting up this supervisory council with a decree, including representatives of the president and the government—people whose powers have not been revealed to us.  Shvydkoy is starting confrontation. 
[Mikhail Shvydkoy, VGTRK chairman, talking to NTV outside the session]      I don’t want procedural misunderstandings to replace the most important point of what is happening today.  We want the VGTRK supervisory council to work normally; we have nothing to hide.  We are ready to work with all the branches of power, public organizations and religious organizations.  I think that today will not be useless. 
[Correspondent]      When the session started again, they got down to business.  The council members started to set out their views on the council’s draft statute.  It was decided to set up a smaller working commission.  It is supposed to work out a compromise in the near future.  Valentin Zorin, the oldest, was elected head of the commission. 

NTV, Moscow, October 16, 1998 

III.  Russia TV’s plans for supervisory council viewed. 

        On [28th September], VGTRK [All-Russia State Television and Radio Company] Chairman Mikhail Shvydkoy announced plans for setting up a supervisory council at the Russia TV channel.  This was the result of his meeting with Communist leader Gennadiy Zyuganov, who had demanded three days earlier that state television be placed under public supervision. . . . 
        The swiftness with which Shvydkoy responded to the opposition’s categorical demands is unprecedented.  Calls to “restrain” and “monitor” television have been heard since the days of [the Supreme Soviet chairman before 1992, Ruslan] Khazbulatov’s Supreme Soviet and [right-wing party leader, Viktor] Anpilov’s marches on Ostankino.  But until now, top state television managers have not been noted for rushing to satisfy parliamentarians’ endless demands.  So why hurry on this occasion? 
        “This is a false impression,” Mikhail Shvydkoy said in an ‘Izvestiya’ interview.  “The opposition has now merely expedited the work we planned to carry out, anyway. . . .  Now we will finally implement what we planned long ago.  I am not opposed to a supervisory council.  It is a normal civilized form of contact between television and society.  But this council should not and will not control the television and radio company. . . .” 
        In Shvydkoy’s opinion, there will be no introduction of political censorship. . . .  “The council is an advisory body.  All decisions in this area are made by the government and the president.”  Judging by this statement, the communists’ desire to remove troublesome presenters of political programmes from the airwaves will not be met. 
        The VGTRK chairman’s optimism is probably born of the experience of his ORT [Russian Public Television] colleagues.  In the spring a similar council, called the Public Council, was set up there.  Its members, who were full of ideas and enthusiasm, held their first session several months ago.  Since then they have not met once. 

‘Izvestiya,’ Moscow, September 30, 1998 

IV.  Communists moderate call for VGTRK changes. 

[Presenter Sergey Dorenko]      [On 28th September], the chairman of the All-Russia Television and Radio Broadcasting Company [VGTRK], Mikhail Shvydkoy, met the Communist leader, Gennadiy Zyuganov.  As you know, last week Gennadiy Zyuganov was insisting that the channel’s management be replaced. 
[Correspondent]      The Communists are unhappy with the work of state television.  This morning, Zyuganov again criticized Mikhail Shvydkoy.  So, this evening the VGTRK chairman visited the Duma.  Zyuganov and Shvydkoy held talks for over an hour. . . . 
[Zyuganov]      Television, including state television, has made a huge contribution to the destruction of our country.  In recent times state television has, as a rule, been dominated by the views of the 3 to 4 per cent of people who believe in liberal, monetarist theory. 
[Correspondent]      At the end of last week, the CPRF [Communist Party of the Russian Federation] faction demanded the replacement of the leader of the second channel.  The Communists believe this post could be held by Leonid Kravchenko [former head of USSR State Committee for Television and Radio Broadcasting], but personnel matters were not discussed at today’s meeting. 
[Shvydkoy]      The person [Zyuganov] I was talking to is a good parliamentarian.  He is also an educated man.  So he wouldn’t discuss the question of my resignation with me.  I reiterated that I am fond of my work.  But I am prepared to accept compromise to a degree. . . . 
[Zyuganov]      We will judge by what actually happens.  At the same time, we will not be insisting on a change of leadership until these meetings are held. 
[Correspondent]      The Communist Party leader noted that in many European countries, supervisory councils have the power to appoint the head of state television.  Zyuganov would like the same thing to happen in Russia.  Under the existing law, the VGTRK chairman is appointed by the president. 

Russian Public TV, Moscow, September 28, 1998 



OTHER MEDIA NEWS

I.  Communists call for state “media propaganda centre.” 

        Representatives of the Communist Party of the Russian Federation faction in the Duma have sent a letter to Prime Minister Yevgeniy Primakov proposing that an “organizational propaganda centre for the state mass media be set up,” on the basis of the RIA Novosti news agency.  The letter suggests that the project could be financed from the state budget, with additional private capital and funding from the agency itself.  The following is the text of a report by the Russian newspaper ‘Izvestiya’; subheadings added editorially: 
        Representatives of the CPRF [Communist Party of the Russian Federation] Duma faction, who have calmed down somewhat since their unsuccessful attempt to remove VGTRK [All-Russia State Television and Radio Broadcasting Company] Chairman Mikhail Shvydkoy from office and to sort out the state media holding company in general, have decided to attack from the rear by refocusing their attentions on the subsidiary enterprise VGTRK-RIA Novosti.  Gennadiy Seleznev [Duma Speaker and prominent CPRF official] has sent a letter to Prime Minister Yevgeniy Primakov proposing that an “organizational propaganda centre for the state mass media be set up” on the basis of the news agency. 
        Seleznev’s letter was carefully prepared from both a structural and an ideological viewpoint.  This was done communist-style, attributing the need for change in the state mass media to “the lack of a clearly defined statewide ideal and the tendency to pursue ephemeral news and propaganda campaigns reflecting the interests of specific political figures or groupings.” 
        So thorough is the letter that it even sets out a possible economic model for the news agency’s activities—it would be financed “from the state budget, with additional private capital and funds belonging to the agency itself.” 
        So as not to limit itself to involvement in the VGTRK Public Oversight Council, the Duma majority has proposed setting up a separate RIA Novosti Board of Trustees consisting of representatives of the government, both chambers of parliament, and even the Supreme Court, which would determine the “basic tenets and thrust of information policy and specific propaganda campaigns for the news agency.”  Moreover, it is being proposed not only to draw on Duma and ministerial experience in the work of the board but also on that of the Foreign Intelligence Service and the Federal Security Service. 
        At this point the VGTRK leadership absolutely reasonably pointed out that an oversight council already exists—one for the company as a whole of which, incidentally, RIA Novosti is part. 
“Propaganda influence of the private mass media” 
        Gennadiy Seleznev considers that the system devised by him should firstly counter and neutralize the “constant propaganda influence of the private mass media in the regions, which certainly do not promote national and federal interests.”  Special efforts are made in the letter to win over Yevgeniy Primakov as a former foreign minister.  Two paragraphs are devoted to reminding him of the special significance of RIA Novosti’s foreign policy activities.  The letter notes that it is essential to set the news agency’s foreign desk the “task of creating a favourable image in order to achieve Russia’s foreign policy and foreign economic goals.”  In general, there is to be total propaganda. 
        The appearance of the letter can be explained by the CPRF’s withdrawal to prearranged positions.  As is the established practice among genuine communists, two agendas are always set before any revolution—a “maximum” and a “minimum” agenda.  Clearly, the “maximum” agenda entailed removing the VGTRK chairman from his post and gaining control of the state media holding company.  As we know, the attack failed as a result of the unexpected cooperativeness of the TV bosses, who agreed to the setting up of a public oversight council for their company.  We may consider the “minimum” agenda to be an intention to control RIA Novosti. 
        Admittedly, this decision also seems to evince exclusively individual aspirations in the guise of an ideological party campaign.  It has emerged that Seleznev’s press secretary, Mikhail Belyat, who worked for RIA Novosti when it was still called APN, set his hand (or pen) to writing the letter signed by the speaker.  Clearly he is not averse to returning to his old news agency.  However, from the day he moved into his office on Zubovskiy Bulvar, Aleksey Volin, who was appointed chairman of the RIA management board under then Prime Minister Sergey Kiriyenko, was chiefly occupied not so much with propaganda projects as with the problems of its survival in the conditions of the financial crisis. 
Staff cuts at RIA Novosti 
        As in the majority of companies, staff are inevitably being cut in RIA Novosti (600 out of 1,100 will remain).  The majority of RIA’s highly specialized departments have been amalgamated to form the Main Information Directorate (GDI), which works in three main areas—foreign news, domestic news and the provision of information to the VGTRK media holding company, which was entrusted to RIA this summer and is carried out without extra manpower or funding, while since the beginning of the year the news agency has been allocated only 1.9m dollars from the budget. 
        There are only a few opportunities for making extra money, such as subscriptions and contracts for information exchange.  There is, however, one other solution—to transform RIA Novosti into a news and advertising agency.  But in that case there is likely to be a new wave of accusations about “adherence to ephemeral news and propaganda campaigns” for private gain.  And even without this, the new RIA management is only just managing to fight off the many attacks of an ever-increasing number of malcontents—in this case communists. 

‘Izvestiya,’ Moscow, October 28, 1998 

II.  Government objects to tough media controls. 

        The Russian government disapproves of attempts to impose tough control over the mass media, Deputy Prime Minister Valentina Matviyenko told a news conference on [27th October]. 
        Matviyenko said the mass media badly needed support from the state and promised that the government would do its best to back the media in the current difficult financial situation.   She reported that President Boris Yeltsin had already signed a law on state support for the mass media and publishers. 
        The deputy prime minister believes that the key provisions of the law on broadcasting, which is now being debated by the State Duma lower house of parliament, “contradict the existing legislation” which allows for considerable freedom of information. 
        “We can contemplate monitoring councils in television, we can discuss other ideas, but we should not impair the existing laws on the mass media,” Matviyenko emphasized. 

ITAR-TASS news agency (World Service), Moscow, October 27, 1998 

III.  Yeltsin concerned by delays to media bills. 

        Presidential spokesman Dmitry Yakushkin told journalists upon completion of a meeting between President Yeltsin and Chairman of the Federation Council Yegor Stroyev on [23rd October] that during their long conversation Boris Yeltsin “expressed concern over the Federation Council’s delay of bills supporting mass media.” 
        According to the presidential spokesman, the president realizes that “the lengthening of a privileges regime to the mass media is a forced measure, but indispensable under the present conditions.”  “Settlement of this problem shall not be delayed,” the press secretary quoted the president as saying.  “The president expressed the hope that the parliament would do everything possible so that the mass media be not devoid of state support,” the spokesman said. 

ITAR-TASS news agency (World Service), Moscow, October 23, 1998 

IV.  Yeltsin signs law to extend state support for media. 

        Russian President Boris Yeltsin signed the law “On amendments and addenda to Article 10 of the federal law ‘On state support of the mass media and publishing in the Russian Federation’” [on 22nd October].  This means that state support for the mass media has been extended for another three years, till 1st January 2002. . . . 
        The fact that the Russian president has signed the document on the addenda to the framework law ahead of two other laws [addenda to the laws on taxes and on customs tariffs regarding the mass media] shows his firm position in support of the Russian mass media. 

ITAR-TASS news agency (World Service), Moscow, October 22, 1998 

V.  Security official reportedly to oversee media. 

        According to information received from sources close to the leadership of the Russian Federation FSB [Federal Security Service], a new deputy chief is to be appointed any day now in the “K” department.  This apparently unremarkable personnel change inside the power department in fact has huge significance.  The person who occupies this inconspicuous post has in recent times handled on behalf the FSB all questions relating to the Russian mass media.  It is expected that the special service’s all-seeing eye on television and radio and in newspapers and magazines will be Lt-Col Aleksandr Komelkov.  An order on his appointment has already been prepared. . . . 
        The recently created “K” department has taken over many of the functions of the recently deceased “fifth” “antidissident” KGB main directorate, including those relating to the press, radio and television.  These areas, among others, will be Komelkov’s main field of activity.  Under his command will be a special department set up specifically to work with the mass media. 
        It has been officially stated that the main interest for this subdepartment will be primarily extremist publications:  radical nationalistic publications preaching fascism and the views of totalitarian sects . . . [ellipsis as published].  However, according to other information, the scope of its proposed operations is far wider:  all TV channels, radio stations and respectable and influential publications.  And work here will be conducted right across the board:  it will involve the collection of operational information, including compromising information, the creation of dossiers, the recruitment of agents and the performance of special operations. 
        It is difficult to underestimate [as published] the real power that the person occupying this post could acquire.  The most powerful levers of influence both over ordinary journalists and over the leaders and owners of mass media outlets are in his hands. 

‘Novyye Izvestiya,’ Moscow, October 8, 1998