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AZERBAIJAN

I.  Opposition parties demand television law.  

        A group of small Azerbaijan opposition parties have demanded an end to the ABA company’s alleged monopoly of TV advertising and the abandonment of plans to license independent television companies.  They threatened to launch a campaign in defence of TV independence unless the authorities relented, and called for broadcast media rights to be enshrined in a television law.   The following is the text of a report by the Azerbaijani news agency Turan:   
        Nine [minor] political parties have issued a joint statement condemning the activity of the ABA company [ABA relays Russian television channels], which has “monopolized” the television advertisement market of the country.  The authors of the statement rate the actions of the ABA company as “pressure” on independent television companies, and demand an end to it.  In connection with this, the political parties consider the adoption of a television law to be important.  The law would ensure the legal regulation of free competition in the television field.   
        The statement contains a demand that “artificial” obstacles to the activity of independent television companies should be eliminated [reference to attempts to make independent TV companies buy licences and submit to state TV company inspection].  Otherwise, the question of setting up a committee for the protection of the rights of independent television companies will be raised, says the statement, which was signed by the People’s Freedom Party, the Liberal Democratic Party, the Compatriot Party, the Azerbaijani Socialist Party, the Party for the Democratic Independence of Azerbaijan, the Democratic Socialist Party of Azerbaijan, the Evolution Party, the National Salvation Party and the Turkic World Party.   

Turan news agency, Baku, April 29, 1999 

II.  Reporters Sans Frontieres reports press violations.  

        Over 24 journalists were detained and about 40 were beaten up by police in Azerbaijan in 1998, the annual report of the Paris-based international rights organization Reporters Sans Frontieres says.   
        In 1998, 10 of the country’s newspapers were subjected to censorship 68 times altogether.   The official repeal of censorship in August exerted substantial influence on freedom of speech in Azerbaijan, the report confirms.  Thus, lawsuits against a number of opposition and independent mass media bodies were brought and police violence against journalists continued.   
        As before, there have been cases of “moral censorship” and reports about specific persons and themes is still taboo.   
        About 20 journalists staged a hunger strike in protest against the actions of the police and authorities in November, but the authorities barely reacted to these protests.   
        Last year a number of lawsuits were brought against the opposition mass media, through which bureaucrats attempted to close down certain newspapers with which they were dissatisfied.   
        The same year the Azerbaijani authorities made efforts to stop the broadcasting of Radio Liberty’s Azeri service on mediumwave.  There were other numerous violations of freedom of speech in Azerbaijan, the report says.   

Turan news agency, Baku, April 27, 1999 

III.  ANS TV urges advertising ban on foreign channels.  

        The Azerbaijani TV station ANS has called for an end to advertising on all foreign channels with a view to boosting the market share of domestic television.  The following are excerpts from the ANS report; subheadings added editorially:   
        Russian and Turkish television channels broadcast in Azerbaijan under the agreements endorsed by the republic’s Presidential Executive Office.  This was said by the head of the Teleradio [Television and Radio] Production Association at the Communications Ministry, Bakhysh Bakhyshev.  Amongst others, the Turkish channel TRT has been broadcasting since the signing of an intergovernmental agreement.  Under the agreement, the TRT television channel pays 1m dollars to Azerbaijan annually.   
Russian channels pay less than TRT  
[Correspondent]        Bakhyshev says that TRT pays more than the Russian channels, given that its programmes are received throughout Azerbaijan.  By contrast, programmes of RTR [Russian Television and Radio] and ORT [Russian Public TV] do not cover the country’s entire territory and thus they pay less.  In turn, ORT programmes are received by fewer areas of the country than RTR’s.  However, both Russian television companies pay Azerbaijan 13.43 dollars for one hour of broadcasting.  This is 88,235 dollars a year.   
        Bakhyshev said that from this year onwards, the Russian television companies have authorized the ABA company to relay the stations in Azerbaijan.  On 11th January 1999, a trilateral agreement on this was signed between the Russian side, the ABA company and the Teleradio Production Association.  Bakhyshev said that the ABA is responsible for broadcasting these channels only in the area of Baku.  He says that the ABA company pays its dues for broadcasting the Russian channels on time.  It had no debts with the Teleradio Production Association.  It is interesting to note that under the first agreement with the Russian channel NTV [independent], signed in early 1997, the cost of an hour of broadcast time was 15.43 dollars, totalling 105,000 dollars a year.  For unknown reasons, a new agreement was signed in December 1997, this time between the ABA, NTV and Teleradio.  Bakhyshev says the cost remained unchanged under the agreement.  However, according to the information received from a reliable source, under the new agreement the ABA company pays only 12.89 dollars for an hour of broadcast time for NTV—and that is not the end of the puzzle.   
[Presenter]        [On 21st April], we turned to Communications Minister Nadir Ahmadov to ask about the principles underlying financial relations with channels broadcasting on Azerbaijani territory.   
[Ahmadov] Some channels cover 70 per cent of Azerbaijani territory.  As for the ABA, as far as I know, its product, that is its advertisements, is not broadcast to the provinces, it is only broadcast in Baku. . . .   
[Correspondent]        Another truth, or rather another fact is emerging.  The ABA television advertisement company is violating its commitment to the Teleradio association not to extend beyond Baku.  The reason is clear.  If the agreement had envisaged the broadcasting of NTV not only in Baku but in other districts, they would have had to pay more.  As for the communications minister’s claim that NTV is broadcast only in Baku, frankly we were surprised that the republic’s chief communication official should be so poorly informed about the situation. . . .   
Russian TV gets lion’s share of advertising   
[Correspondent]        According to an investigation into television advertising during the [first] quarter [of the year], the advertising budget of all the television channels broadcast in Azerbaijan was 2,854,482 dollars.  Taking this figure as a yardstick, let us look at how the sum is divided among the channels.  Thus, 10 per cent of the sum goes to AzTV1 and AzTV2, and 26 per cent to ANS, Space and SARA jointly.  Russian channels get the largest share of the total advertising budget, 64 per cent, of course, in the person of the ABA.  Let us be more precise about the 64 per cent.  That is exactly 2m dollars.  Yes, you have heard correctly, 2m dollars.  We are simply questioning, in a situation of economic crisis and shaky financial stability, where these 2m dollars, made in only three months, go.  We ask whether it could really be free of charge to advertise on ORT, RTR and NTV?  Of course, if it is not, then that means that part of the money taken by ABA goes out of the republic.  I wonder whether taxes are paid on that sum?  The question could be answered by the State Tax Inspectorate, too.  Of course, only if they would like to answer.  Everyone knows that before ABA appeared, Russian channels were broadcast on Azerbaijan’s territory, anyway.  No-one is going to ban the ABA’s service or their rebroadcasting on the country’s territory.   
        The issue at stake is the need to ban advertising not only on Russian channels but also on all foreign channels.  We think it is time to amend the advertising law and ban advertisements on foreign channels.  The earnings received from advertising could go to the country’s television channels and help develop both the national and private television channels.  I wonder who could explain logically to an ordinary citizen why Azerbaijan should receive 1m dollars from its closest friend, brother and strategic partner, Turkey, for one channel, and 10 times less for three channels from Russia—a country which is neither our close friend, nor our distant comrade, nor even our official enemy and which is in fact Armenia’s military ally into the bargain.  And I wonder why the Teleradio Production Association speaks about profits in 1998, when it lost 2bn manats, but not about 1997, when it made 3bn manats.  It is interesting to speculate about dramatic events that we do not know about.   

ANS Television Network, Baku, April 21, 1999 

IV.  Private TV companies appeal on licence ruling.  

        The Azeri independent television and radio companies ANS, Space and SARA have sent an appeal to the Supreme Court expressing their “discontent” with regulations on obtaining a licence for their operations following a new directive from the cabinet, Baku-based ANS TV reported on 15th April.  The appeal states that “certain points of the instruction violate a number of the provisions of articles in Azerbaijan’s constitution, the laws on the mass media, business activity, on enterprises, on unfair competition as well as the presidential decree on improving the system of state control and eliminating artificial obstacles in the field of developing business activity.”   
        ANS TV cited the heads of the three TV stations—Vahid Nakhysh of ANS, Rauf Shahriyar of SARA and Boyukaga Mammadov of Space—as saying that the cabinet’s demand that they should obtain a certificate of technical competence from the state TV and radio company and hand over exclusive authority to the Press and Information Ministry was “an indirect restoration of censorship.”   
        This is the first time that Azerbaijan’s private television and radio companies have appealed to the court against the government, ANS TV added.   

ANS TV, Baku, April 15, 1999 

V.  TV licence plan “ridiculous,” says minister.  

        Commenting on the cabinet’s resolution on licensing publishing and TV and radio broadcasting companies, Azerbaijani Minister of Press and Information Siruz Tabrizli said that the situation was ridiculous.  It is like saying that a man who intends to open a bakery should be forced to obtain a certificate about his technical abilities from someone who started working in this field before him.  The minister said that as far as this question was concerned, he was as ever on the side of journalists.   

ANS TV, Baku, April 14, 1999 

VI.  Opposition party deplores licensing decision.  

        The People’s Front of Azerbaijan Party [PFAP] press service says in connection with the cabinet’s resolutions No 84 and 85 “On rules for granting special permits (licences) for broadcasting, publishing and printing activity” that PFAP deputies oppose the adopted resolution and view it as pressure on independent TV companies and publishing houses and on the mass media as a whole.  The PFAP has also declared that the resolution contradicts the media law, and called for its repeal.   
        The PFAP press service wishes to note once again that the resolution runs counter to the mass media law, and to inform the cabinet that the introduction of licensing and the granting of this right to the Ministry of Press and Information contravenes the media law and cancels out the clause that a court decision can close down a media outlet.  In addition, the government’s desire to fund the budget at the expense of television and newspapers is absurd and proves that the government is in a deplorable situation.   
        “The PFAP press service regards this resolution of the cabinet as a step towards making the free press dependent on the government and demands that the cabinet annul as soon as possible this resolution as it is aimed to suffocate freedom of speech.”   

‘Azadlyg,’ Baku, April 14, 1999 

VII.  TV licence resolution said violating media law.  

        The ANS broadcasting company might go off the air. . . .  The resolution of the cabinet of ministers dated 16th April 1998 on rules for granting special permits or licences to broadcasting, publishing and printing companies is directly aimed at violating the media law.  According to the new resolution, private broadcasting companies have to pay a fee of 15m manats. . . .   
        In brief, all these obstacles are being created not only for ANS but for all private companies.   It turns out that it is not sufficient for us to be registered and to have been on air for seven years.  In addition to various fees that the company has paid to the state, we also have to pay a fee to renew our licence nearly every year.  That should be regarded as a violation of human rights, as creation of artificial obstacles for the independent mass media, prevention of free business development and as a restriction of the freedom of the press.   
[Correspondent]        . . . The resolution creates artificial obstacles for independent commercial broadcasting companies and in general for any juridical entity engaged in free enterprise.  For example, under the licensing rules, independent broadcasting companies should submit a certificate from the Azerbaijani State Radio and TV Broadcasting company on the technical maintenance of the broadcasting of their radio and TV programmes.  A certificate should be issued by the police confirming that the premises of a commercial broadcasting company have a special security entry system.  Among other required documents to be submitted are the company’s regulations, a permit issued by the state commission on radio frequencies, certificates from the sanitary and epidemiology centre and the fire directorate, as well as other unnecessary documents.   

ANS TV, Baku, April 7, 1999

 

Last Updated: 11/20/99

 

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