Post-Soviet Media Law & Policy Newsletter

        An important event has taken place in the life of the ANS TV and radio company.  Azerbaijani President Heydar Aliyev [on 7th December] received the heads of the ANS TV and radio company:  its president, Vahid Mustafayev, vice-presidents Mirshahin Agayev and Arif Mustafayev and director-general Mais Mammadov. 
        Heydar Aliyev praised the activities of ANS, underlining that the appearance of the first independent TV and radio company in Azerbaijan had created the necessary conditions for healthy competition in the television market and to a certain extent, improved state television.  As everybody knows, the president remarked, it is hard to achieve good results in any sphere without competition and the Azerbaijani people win from such competition in any case.  The head of state stressed that ANS provides full and unbiased coverage of political processes in the republic by inviting representatives of both the opposition and the authorities to appear on television. 
        The president agreed with the head of the company that representatives of state bodies, unlike their opponents, are reluctant to accept invitations to appear on ANS programmes.  Heydar Aliyev said that this was completely wrong and that representatives of state institutions must appear frequently in television debates.  It was noted that nobody has the right to foist their subjective opinions on TV programmes made by an independent company.  The two-hour lively conversation focused on the future of Azerbaijani journalism as well as television.  Heydar Aliyev noted that he always followed closely the activities of the mass media, irrespective of their political line.  Without them, the president noted, the people cannot have a complete and objective picture of life in the republic. 
        The president expressed the hope that the number of independent companies such as ANS and Space will increase and he wished success to all the creative staff of our company. 

ANS news agency, Baku, December 8, 1998

II.  Government “crusade” against media condemned.

        “In order to suppress the free press, the authorities have organized a ‘crusade’ against it.  The duty of the intelligentsia is to oppose these plans of the authorities.”  This opinion was voiced at [25th November] session of the committee for the freedom of speech. 
        In the opinion of the participants, through their actions, the authorities are trying to distract the attention of the world community from the results of the rigged presidential elections.  It was noted that the head of the OSCE, who is coming to Baku, intends to hold a meeting with the editors in chief on hunger strike and to discuss this issue with the Azerbaijani president [Heydar Aliyev]. 
        A decision was taken to hold an expanded committee session on 27th November and to draw up documents in an attempt to draw the attention of the world public. 
        The committee for the freedom of speech was established in April 1998 after the Azerbaijani authorities had banned mediumwave rebroadcasting of [Radio Free Europe/] Radio Liberty programmes.  The committee includes members of several political parties and representatives of the press. 

Turan news agency, Baku, November 25, 1998

III.  ANS TV denies allegations of bias.

        Azerbaijan’s ANS TV and radio company has rejected the allegations of bias in favour of the opposition.  Reporting on the subject on 11th November, ANS correspondent Khayal Tagiyev said that the company had been independent since the day it was set up.   It sets out its own policies and is guided by the rules of objective and accurate reporting, Tagiyev said.  He admitted, however, that members of the opposition can be seen on ANS more frequently than government officials.  That is because politicians from opposition parties are more likely to get in touch with the media, he explained, adding that in any case, it was often too difficult to reach top government officials for interviews.  The channel’s studios and microphones remain open for anyone wishing to state his/her opinions regardless of their political affiliations, Tagiyev concluded. 

ANS TV, Baku, November 11, 1998

IV.  Many private TV companies unable to operate.

        Of 16 nongovernmental television companies in the republic, only four are functioning:  ANS, Space, SARA and Kyapaz (Gyandzha), the lawyer of the representative office of the US humanitarian organization Internews in Azerbaijan, Fuad Suleymanov, told ASSA-IRADA. 
        In his words, some provisions of the Cabinet of Ministers’ resolution on regulations for licensing television and radio broadcasting and publishing activities dated 16th April 1998 contradict Azerbaijani laws on media and enterprise activity. 
        As a result, six nongovernmental regional companies, including Aziya-Evropa (Gyandzha), AygyunTV (Zakataly), Gutb (Kuba District), Mingachevir TV, Simurg (Tavuz District) and Krosna (Balaken), have long been asking a number of departments to collect the necessary documents and hand them over to the Press and Information Ministry.  Since May, they have been asking the Azerbaijani State Television and Radio Company and others to obtain an application for production location and technical equipment but to no avail, Suleymanov said. 

ASSA-IRADA news agency, Baku, November 11, 1998

V.  Government “pressure” on broadcasters claim.

        “Internal tension” in the [independent] ANS television company has recently become very acute.  The company’s leading correspondents are quitting one by one.  A lot [not indicated who] link this tendency with ANS assuming a stance loyal to the current authorities and with “old journalists” coming back to the company. 
        To recap, the former correspondent of Russian Public Television [ORT], Mais Mammadov, the former head of Azerinform news agency, Azad Sharifov, the editor in chief of ‘Gyunay’ newspaper, Alekper Abbasov, and other individuals considered to be close to government circles have recently been employed by ANS.  These people currently occupy top posts in the company. 
        ANS reporters Eldaniz Elgun and Rustam Ahmadov have had to leave the company precisely for this reason.  They left their positions not only because their work did not coincide with the position of the company’ s management, but also because their work did not suit the “standards” of senior editor (?A. Sharifov). 
        The editor of the “Khabarchi” news bulletin, Gyulshan Aliyeva, refused to present “inferior” programmes, because the professional level of ANS has declined since the aforementioned correspondents left it.  As an alternative, it has been suggested to Aliyeva that she should either work in an “appropriate” way or shut the company’s door on her way out. 
        A while ago, the future of another ANS correspondent, Boyuk Seva, was set out in the same way.  The most interesting aspect in this case is that the same accusations have been levelled against Mirshahin, who is considered to be an important figure on ANS.  Even though the “Dars” [“Lesson” ] programme was included in the ANS schedules last week, it was not broadcast and the reason for this is linked with the worsening of his [Mirshahin’s] relationship with the management of the company and with the pressure to which he has been subjected. 
        In an interview with the ‘525 gazet’ newspaper, correspondent Mirshahin rejected this version, describing it as a groundless rumour, and added:  “I am the head of ANS, how can I put pressure on myself?” We would like to note that some time ago, the presenter of “Nazar nogtasi” [“Point of view” ] programme, Sevil Nuriyeva, faced the same situation.  It was alleged that she had been subjected to pressure by the ANS management for her pro-opposition attitude.  Even though Nuriyeva has rejected all these allegations, rumours and talk about her leaving the company are not subsiding.  Readers will be able to learn A.  Sharifov’s opinion about the current processes affecting ANS in future issues of the newspaper. 

‘525 gazet,’ Baku, November 3, 1998

        The Belarusian Communications Ministry has approved regulations for use of radio broadcasting spectrum in the republic.  Under the new rules, which were coordinated with the State Commission for Radio Frequency, all frequency slots are to be allotted based on auctions and to the highest bidder, a ministry source told Interfax. 
        An auction winner will then sign a contract with the ministry, which will issue a licence specifying the nature of the broadcasting activity.  The ministry will carry out the auctions on behalf of and with the authorization of the commission. 
        The commission will set the starting price, and the size of the auction deposit will then be determined in proportion to the starting price.  Potential bidders must submit to the ministry a declaration of their intention to participate, documents from financial organs verifying declarations regarding the size and source of investment funds, all necessary documents regarding issuing of the licence itself, and a bank guarantee for the auction deposit.  The ministry has recently announced an auction for a radio broadcasting licence at 100-108 MHz [FM] . . . . 

Interfax news agency, Moscow, November 30, 1998

I.  Parliament agrees with president on broadcasting law.

        The Estonian parliament has agreed with the president’s suggestions on its amended broadcasting law, which regulates the broadcasting of election propaganda, Estonian TV reported on 16th November. 
        The president refused to promulgate the amended broadcasting law and sent it back to the parliament to be reconsidered, because it contradicted the constitution.   The president ruled that matters concerning elections should be regulated by constitutional laws and not by ordinary laws, the report said. 
        The television also noted that, according to the new definition of election propaganda in the amended law, politicians running for parliament could not, for example, give interviews to radio or TV outside limited broadcasting time during the pre-election period, which could cause an information blackout .  Whilst the parliament is considering the matter, old definitions are in force. 

Estonian Television, Tallinn, November 16, 1998

II.  President rejects amendments to broadcasting law.

        President Lennart Meri has failed to promulgate amendments to the broadcasting law, since they are in conflict with the constitution.  The amendments adopted by the Riigikogu [parliament] on 20th October of this year clarified the procedure for any election propaganda broadcast and determined the period for such propaganda. 

TV3, Tallinn, November 4, 1998

        The Audio-Visual Council (AVC) has disapproved the recent cuttings in the broadcast time of the state-run Teleradio-Moldova Company (TRM), admitting on the other side the serious economic state of the national television.
        On November 16, TRM announced reduction of its broadcast time to six hours per day.  Thus, its programs are broadcast now only between 6 p.m.  and mid-night, a period which coincides with massive disconnections of power in rural settlements.
        The AVC decided [on 24th November] to ask in an open letter to the parliament and cabinet financial assistance for the state-run TRM in order to avoid further reductions in time of programs as agreed in the company’s licence.
        Tudor Olaru, chairman of the company, said that the 1999 budget sees a reduction from 28 million to 20 million lei (about 2.105 million dollars) in allocations for the national television.
        During the ten months of this year, the state’s debts to Teleradio-Moldova soared to 7.6 million lei.  “Under these circumstances, the company cannot work without reducing its broadcast time,” said Olaru.

BASA-Press, Chisinau, November 24, 1998

II.  Parliamentary commission for budget and finance against VAT exemption for press.

        The parliamentary commission for budget and finance said exempting the press from the value-added tax will lead to more public spending and will affect the 1998 budget.
        Valeriu Muravschi, head of the commission, said during the parliamentary meeting [on 19th November] that the new budget amendments, which stipulate VAT exemption for the press, have no grounds under the condition when the VAT applies on bread and milk.
        Gheorghe Duca, chairman of the parliamentary commission for media, stated that cultural, scientific and news publications pay some 850,000 lei (141,666 dollars) in VAT yearly.  Applying this tax in the press would increase the subscription price by 5-20 lei, and, consequently, decrease the number of readers, he said.
        The new amendments to the 1998 budget will be examined next week in order to hear the cabinet’s opinion on the matter.
        According to proposals, all periodical publications, except for those with erotic and advertising character and the foreign press, should be exempted from VAT.  Earlier, Speaker Dumitru Diacov promised journalists that he will contribute in favour of the press.

BASA-Press, Chisinau, November 23, 1998

III.  State television to cut broadcast time three-fold.

        The state-run television company TRM will cut its broadcast time from 18 to 5-6 hours per day because of the under-funding, BASA learned from Mihai Stratan, director of the company’s programs section.  On weekends the broadcast time will be cut, too, he said, and the national television will work between 11 a.m.  and 11 p.m.  The analytical programs “Rezonans,” “Observatorul,” “7 Days” will go broadcast without any change.
        The morning program “Telematinal” will be suspended for two weeks.  Ion Verbeniuc, deputy director of Teleradio-Moldova Company (TRM), told BASA that the company owes about 3 million lei to the Radio-Communications enterprise and MoldTelecom.  The state allocations for the national television in 1999 were reduced from 28 million to 20 million lei.  The company needs at least 67 million lei yearly to work on normal schedule.
        Sources in the Finance Ministry complains that the tax collections amount to just 2.5-3 million lei per day and can cover only the current spending.  The shortage of money does not even allow financing the most pressing needs.

BASA-Press, Chisinau, November 17, 1998

        President Kuchma on 17th November sacked National Television Company President Mykola Knyazhytskyy, whom he had appointed only in October, after the independent-minded news journalist tried to make the TV company less pro-Kuchma.  Kuchma has replaced him with an official known for loyalty to the president.  With presidential elections scheduled for next year, Kuchma is likely to continue, and perhaps even increase, his control over Ukrainian media. 
        The appointment on 2nd October of Knyazhytskyy, president of an independent TV station and someone with a reputation for objective reporting, was a step seemingly designed to reassure critics of Kuchma’s domination of TV.  Kuchma had issued an edict on 16th September ordering the creation of a new State Information Agency, a move criticized by the opposition paper ‘Den’ on 23rd September as aimed at tightening control over the media. 
        Knyazhytskyy’s selection as television president was hailed by ‘Den’ on 26th September, which praised him as a respected journalist who had defended objectivity in reporting and had sometimes been punished for this in the past. 
        Kuchma’s tolerance ran out quickly, however, after Knyazhytskyy took steps to tone down the pro-Kuchma orientation of the government’s TV channel UT-1.  In particular, Knyazhytskyy tried to remove Kuchma loyalist Vadym Dolhanov as host of the pro-Kuchma Sunday news programme “Seven Days.”  When Dolhanov resisted, Knyazhytskyy finally ordered the programme taken off the air on 15th November, just two days before his dismissal. 
        Knyazhytskyy was replaced with Information Minister Zinoviy Kulyk, who has been Kuchma’s trusted media overseer since shortly after the president’s election in 1994.  As information minister, he had personally closed down the opposition paper ‘Pravda Ukrainy’ in early 1998.  Commenting on Knyazhytskyy’s removal, Kulyk accused him of trying to fill top TV posts with his own, unqualified people, according to Intelnews news agency on 19th November. 

BBC Monitoring Research, November 23, 1998

II.  Parliament official criticizes media restructuring.

        The head of Ukraine’s parliamentary committee for freedom of speech, Ivan Chyzh, has criticized the government’s recent attempt to reorganize broadcasting, Intelnews news agency reported on 19th November.  Speaking to journalists in Kiev, Chyzh denounced the restructuring of the media as “apparently unconstitutional” and said that it was not properly thought out.  He referred in particular to the recent reorganization of the Ukrainian National Television and Radio Broadcasting Company and of the Information Ministry.  The move had earlier been criticized by some officials as President Kuchma’s attempt to seize control of broadcasting ahead of the presidential election, the agency said. 

Intelnews, Kiev, November 19, 1998

III.  President asserts control over radio-TV broadcasting.

        Ukrainian President Leonid Kuchma has moved to gather the reins of power over regional and nationwide broadcasting in the run-up to the 1999 presidential election, Intelnews news agency reported on 13th November.  In recent months, Kuchma made a number of key TV appointments.   He also took steps to reform Ukraine’s national TV and radio broadcasting, with a view to improving its ratings and making it “useful to him” in the election campaign, the agency said.  In mid-October, Kuchma signed a decree setting up a state-owned joint-stock company UkrTeleRadio.  He put the head of the successful commercial channel STB, Mykola Knyazhytzkyy, in charge of the new institution, thereby “resolving the problem of ‘acquiring’ the STB channel,” the agency said.  According to Intelnews, STB management has been working hard to create a network of several regional television companies.  The agency cited “independent analysts” as saying that Kuchma wants STB to spread its wings in the regions in order to have control over the local media during the election campaign.  In a further effort to enhance his position in TV broadcasting, Kuchma paid an official visit to Inter TV, where he is said to have embraced the channel’s president Oleksandr Zinchenko.  “It is unlikely that Kuchma would embrace the head of a TV channel which supports his potential challenger,” the agency commented.  “None of Kuchma’s efforts were in vain, and most political analysts believe that it will be the current president who will call the shots of all three national TV channels of Ukraine during the presidential elections,” Intelnews said. 

Intelnews news agency, Kiev, November 13, 1998