Azerbaijan: Broadcasting Regulatory Body Wants to Stop Foreign-Prepared Programming

The Azerbaijani government appears to be expanding a clampdown on independent media outlets. Officials have ordered local radio stations to cease broadcasts of programming prepared by foreign news organizations, including the British Broadcasting Corp., Radio Free Europe/Radio Liberty and Voice of America.

On October 4, representatives of Azerbaijan's most listened-to broadcasters -- including ANS TV and Radio, Antenn FM, and state radio -- were summoned to a meeting with Nushiravan Maharramli, the head of National TV and Radio Broadcasting Council, the government's chief media regulatory agency. Maharramli informed broadcast executives that broadcasting foreign-prepared content by local outlets was "illegal."

"The foreign radio stations must use their own re-broadcasting transmitters to air their programs, rather than use the airtime of local radio stations," Maharramli said. Any station that ignored the new regulation could face "severe sanctions," Maharramli warned.

ANS, which is privately owned, would appear to be especially vulnerable to government pressure over foreign-content broadcasts, given that it has been operating without an official license since 2003. In an October 10 interview with the APA news agency, Vahid Mustafayev, the president of ANS Group, complained that regulatory authorities had reneged on promises to grant a license. "They said ANS will not be granted a license until it stops broadcasting VOA, Radio Liberty and BBC," Mustafayev said.

Mustafayev also complained about repeated tax audits, hinting that the inspections were politically motivated. Tax authorities hit ANS recently with a $31,000 fine for various infractions. ANS has filed suit in an Azerbaijani court charging the tax agency with harassment and insisting that audits performed by local and international companies disprove authorities' allegations. The case is pending.

The Organization for Security and Cooperation in Europe has lauded ANS for its comparatively balanced coverage of political and economic developments in Azerbaijan. However, the broadcast council's Maharramli characterizes ANS as a frequent flouter of broadcast rules concerning advertising and broadcast content. These violations are the main reason why ANS's licensing application is still pending.

Existing legislation contains no provision concerning government foreign-content broadcasts, but Maharramli insisted that the NTRBC had the authority to implement measures not foreseen by the law. "It is our responsibility to pass necessary regulations. If there is a gap in the law, our regulations are to fill this gap," Maharramli said, adding that the state agency did not fix a firm deadline for the cessation of foreign-content broadcasts because it "does not want to start with punishment. Let's see how they act."

Maharramli denied a political motive behind the new regulation. He voiced particular concern about ANS' move to lease airtime to Voice of America, suggesting that it had the potential to serve as a dangerous precedent. Other "channels could let [the Russian broadcaster] NTV, or Armenian broadcasters into our market, using the same experience of ANS's cooperation with VOA," Maharramli explained.

"Our decision is that foreign broadcasters -- BBC, RFE/RL and VOA -- should air their programs according to existing laws. If needed, we can provide frequencies to them," Maharramli added. According to a government official, speaking on condition of anonymity, the NTRBC closely coordinates its actions with the presidential administration.

Jonathan Henick, a public affairs officer at the US Embassy in Baku, met with Maharramli on October 5 to discuss the new regulations. "The talks will continue and we hope that the results will be positive," the Turan news agency quoted Henick as saying.

Many media observers in Azerbaijan view the new foreign-content broadcasting regulation as part of a broad government effort to restrict access to information. To support their contention they point to the October 4 drug-possession conviction of a prominent opposition journalist, Sakit Zahidov, whose brother, Qanimat, is the editor-in-chief of the leading opposition newspaper Azadliq. Lawyers representing Zahidov insist the verdict was politically motivated. Zahidov, who often wrote about government corruption, received a three-year prison sentence. He vigorously denied that he had ever used illegal narcotics.

International free speech advocacy groups roundly criticized the case against Zahidov. "We view this drug conviction with extreme skepticism," Joel Simon, the executive director of the Committee to Protect Journalists, said in a written statement.

Numerous lawsuits are pending in Azerbaijani courts in which opposition journalists face charges of libeling officials. Some observers believe the defamation suits are being used to silence independent journalists. On October 9, Miklos Haraszti, the OSCE's media freedom representative, called on Azerbaijani authorities to amend media legislation to "decriminalize defamation," according to an OSCE statement. Haraszti made the comments following a meeting with Azerbaijani president Ilham Aliyev.

"Although the president voiced his disappointment with the lack of constructive behavior by the press, I still hope he will support the urgently needed reform," the OSCE media freedom representative said.

"There are many ways of enhancing accuracy and professionalism in the media other than criminalization," Haraszti continued. "The OSCE is ready to support ethics self-regulation initiatives."
Azerbaijani officials said there were no immediate plans to amend existing legislation covering defamation.