From: Justin Burke (JBurke@sorosny.org)
Date: Fri Jun 28 2002 - 13:10:44 EDT
YEREVAN PRESS CLUB WEEKLY NEWSLETTER
JUNE 22-28, 2002
HIGHLIGHTS:
NATO AND DEMOCRATIC CIVIL CONTROL OF THE ARMED FORCES
BROADCAST LEGISLATION IN ARMENIA: WILL THE CRISIS BE OVERCOME?
EUROPEAN UNION SHARED THE OPINION OF OSCE
"ARTICLE 19" EXPRESSES CONCERN OVER THE SITUATION IN THE BROADCAST FIELD OF
ARMENIA
THE RA COURT OF CASSATION LEFT THE DECISION ON THE SUIT OF THE "A1+" FOUNDER
VERSUS "TELEVISION NETWORK OF ARMENIA" UNCHANGED
THE COURT REFUSED THE PETITIONS OF ASHOT BLEYAN
"TOSPA", "HAYRENIK TV" AND "INTERKAP" WILL CONTINUE BROADCASTING ON THEIR
FREQUENCIES
MEDIA FORBIDDEN TO ADVERTISE TOBACCO AND ANY KIND OF ALCOHOL APART FROM
COGNAC
NATO AND DEMOCRATIC CIVIL CONTROL OF THE ARMED FORCES
On June 26-27 "NATO and Democratic Civil Control of the Armed Forces"
seminar was held in Yerevan by NATO and Yerevan Press Club with the
co-funding of Open Society Institute Assistance Foundation-Armenia and in
cooperation with Geneva Centre for Democratic Control of Armed Forces
(DCAF). The meeting participants - the representatives of NATO, DCAF, RA
Ministries of Defense and Foreign Affairs, the Standing Committee of
Defense, National Security and Interior Affairs of the RA National Assembly,
Armenian NGOs and media - discussed the role of the armed forces in the
context of the new threats to security present in the world after September
11, 2001, the issues of democratic civil control over the armed forces,
non-military armed forces (police, para-military forces and border guards),
transforming the armed forces in transition countries, including Armenia,
the relations of the North Atlantic Alliance and the media, reporting on
security issues in South Caucasus, the role of civil society and media in
democracy. The presentations on these subjects were made by Frank Boland,
the Deputy Director of Force Planning of NATO Defense Planning and
Operations Division, Marina Caparini, DCAF fellow, Simone de Manso, the
Press Officer of NATO Office of Information and Press, Major-General Misha
Melkonian, Head of Department of International Relations and Military
Cooperation of the RA Ministry of Defense, Aghasi Enokian, the President of
Armenian Center of Political and International Research, Col. Victor
Filippov, DCAF Programme Coordinator. The presentations by NATO and DCAF
experts were accompanied by the comments of Armenian party: in particular,
by Executive Director of Armenian Atlantic Association Tevan Poghosian, the
Head of Armenian National Committee of the International Campaign to Ban
Landmines Jemma Hasratian, the President of the Committee of Soldiers'
Mothers Greta Mirzoyan and the Deputy Director of "Prometheus" TV company
Aram Safarian.
BROADCAST LEGISLATION IN ARMENIA: WILL THE CRISIS BE OVERCOME?
On June 22-23 in Yerevan "Practices of Applying Broadcast Legislation in
Armenia" conference was held. The conference was organized by Yerevan Press
Club, the Council of Europe and the RA Ministry of Foreign Affairs with the
assistance of OSCE Office in Yerevan and Internews Armenia.
The participants - the leaders of broadcast media, journalists,
representatives of the RA state structures and international organizations,
broadcast law experts - discussed such issues as the compliance of Armenian
legislation with European standards, the requirements to the content of the
TV and radio programs, frequency assignment principles, etc.
Presentations were made by Head of Legal Services of UK Radio Authority Eve
Salomon, the Chairman of the RA NA Standing Committee on Science, Education,
Culture and Youth Issues Shavarsh Kocharian, the Administrative Officer of
the Media Division of CE Directorate General of Human Rights Pall
Thorhallsson, the Chairman of the RA National Commission on Television and
Radio Grigor Amalian, Director of "Ardzagank" radio station Eghishe
Petrosian, Director of Strategy of Hungarian National Radio and Television
Commission Mark Lengyel, the Chairman of the Armenian Helsinki Committee
Avetik Ishkhanian.
The urgency of the subjects discussed at the conference is to be accounted
for by the ongoing criticism of Armenian broadcast legislation, on the one
hand and on the other - by the serious, as a number of experts believe,
violations of this legislation. The first experience of the radio frequency
assignment through competitions in Armenia was followed by court litigations
related to the license refusal to "A1+" and "Noyan Tapan" TV companies. The
debates call for civilized settlement, and the conference offered a floor to
all the parties concerned to express their ideas, hear the opinions of the
local and foreign experts, try and find a way out of the conflict situation.
Unfortunately, not all the invitees were ready for a constructive dialogue.
If the Chairman of the appropriate Parliament Committee Shavarsh Kocharian
and the RA Deputy Minister of Justice Ashot Abovian were willing to discuss
the problems inherent in the broadcast area, the head of the National
Commission on Television and Radio Grigor Amalyan confined himself to a
presentation and took no part in the subsequent discussions.
As the President of Yerevan Press Club Boris Navasardian mentioned when
summing up the conference, to overcome the crisis formed the Armenian
authorities must make several apparent steps. They are mentioned, in
particular, in the report of the OSCE Representative on Freedom of the Media
Freimut Duve of June 20 (see YPC Weekly Newsletter, June 15-21, 2002). One
can judge how committed the authorities are to the European democratic
standards and the freedom of expression principles by whether these steps
will ensue.
EUROPEAN UNION SHARED THE OPINION OF OSCE
On June 20 the European Union passed a statement in response to the report
of the OSCE Representative on the Freedom of the Media Freimut Duve on the
freedom of media in the region. The statement was subscribed to by 13 EU
associated countries.
As it has been reported, in the report of Freimut Duve, presented on the
same day to the OSCE Permanent Council, a concern was voiced over the media
situation in Armenia, and in particular, the refusal of licenses to "A1+"
and "Noyan Tapan" TV companies (see details in YPC Weekly Newsletter, June
15-21, 2002).
The statement of the European Union says: " We share Mr. Duve's view that in
Armenia, the TV stations "A1" and "Noyan Tapan" should be encouraged to
participate in a new tender for existing and non-used frequencies that
should be held as soon as possible."
"ARTICLE 19" EXPRESSES CONCERN OVER THE SITUATION IN THE BROADCAST FIELD OF
ARMENIA
On June 24 "Article 19", the Global Campaign for Free Expression,
disseminated a statement, expressing its concern over the situation present
in the broadcast field of Armenia. According to the statement, after the
National Commission on Television and Radio refused broadcast licenses to
"A1+" and "Noyan Tapan" TV companies in April 2002, in Armenia "there are
now virtually no major independent television stations".
As the statement says, the RA Law "On Television and Radio", adopted in
October 2000, establishes the National Commission but fails to ensure its
independence, " in clear breach of the right to freedom of expression". The
statement quotes the Head of Law Programme at "Article 19" Toby Mendel. In
his opinion, "the fact that the National Commission on Television and Radio
lacks independence is a fundamental problem in the Armenian broadcasting
system". "The present system directly contravenes Recommendation 2000(23) of
the Committee of Ministers of the Council of Europe to Member States on the
Independence and Functions of Regulatory Authorities for the Broadcasting
Sector, which clearly states that members of broadcast regulators should be
appointed in a 'democratic and transparent manner'", Toby Mendel believes.
"Article 19" called on the Armenian authorities to undertake a full review
of the RA Law "On Television and Radio" to bring it into line with
international standards. "Recent decisions by the National Commission on
Television and Radio should not be implemented until they have been reviewed
by an independent body", the statement reads.
THE RA COURT OF CASSATION LEFT THE DECISION ON THE SUIT OF THE "A1+" FOUNDER
VERSUS "TELEVISION NETWORK OF ARMENIA" UNCHANGED
On June 28 the Chamber of Civil and Commercial Cases of the RA Court of
Cassation declined the challenge of the founder of "A1+" TV company,
"Meltex" LLC, for the decision of the RA Commercial Court of May 17 (see YPC
Weekly Newsletter, May 11-24, 2002). The suit of "Meltex" versus "Television
Network of Armenia" SCJSC had been filed with the court of primary
jurisdiction and demanded to annul the decision of "Television Network of
Armenia" of stopping the broadcasts of "A1+" passed on April 2, 2002. The
demand of the plaintiff to restore the broadcasts of the TV company was
substantiated by the argument that having switched "A1+" out of its air in
the early morning of April 3, "Television Network of Armenia" violated the
existing agreement on the transmission of the programs of the TV company.
THE COURT REFUSED THE PETITIONS OF ASHOT BLEYAN
The court of primary jurisdiction of Center and Nork-Marash communities of
Yerevan refused two petitions filed by the Chairman of the Public Council on
Human Rights and Fundamental Freedoms Ashot Bleyan. As it has already been
reported, on May 15 Ashot Bleyan addressed the court of primary jurisdiction
demanding to recognize the decisions of the National Commission on
Television and Radio of April 2, 2002, to be incompliant with the RA Law "On
Television and Radio", the RA Constitution and the International Covenant on
Civil and Political Rights (see YPC Weekly Newsletter, May 11-24, 2002).
The first petition challenged the judge because of the violation of the
procedures stipulated. By the second petition Ashot Bleyan asked to
accelerate the consideration of his case. The argumentation of both
petitions seemed insufficient to the court.
The first session on the suit of Ashot Bleyan was scheduled for July 18.
"TOSPA", "HAYRENIK TV" AND "INTERKAP" WILL CONTINUE BROADCASTING ON THEIR
FREQUENCIES
On June 25 the National Commission on Television and Radio announced the
results of broadcast licensing competitions for FM 106 of Yerevan, 21st UHF
of Yerevan and 32nd UHF of Vanadzor (Lori region). All the three frequencies
remained occupied by the previous "owners". FM 106 will still be taken by
"Tospa", "Hayrenik" TV retained its 21st UHF, while "Interkap" will go on
broadcasting on its 32nd UHF of Vanadzor.
The competitions for these frequencies were re-announced on May 17, since
the competitions held previously were annulled (see YPC Weekly Newsletter,
May 11-24, 2002).
MEDIA FORBIDDEN TO ADVERTISE TOBACCO AND ANY KIND OF ALCOHOL APART FROM
COGNAC
On June 26 the RA National Assembly having held the second hearing, finally
adopted the RA Law "On Introducing Amendments and Additions to the RA Law
'On Advertising'". According to the amendments passed, from now on in
Armenia the advertising of strong alcoholic beverages (with the exception of
cognac) and tobacco goods in the electronic media is banned. The veto refers
also to the placement of the advertisement of alcoholic beverages and
tobacco on the first and last pages of the newspapers, the cover, the first
and last pages of magazines. According to the same document, at least 10% of
the advertising of tobacco goods in the print media, the outdoor posters,
announcements, billboards, electronic boards, other technical means and
transportation vehicles, must contain warning information on the damage
caused by smoking.
In the opinion of the heads of some electronic media of Armenia, this ban
will greatly harm their pockets, poor as they currently are. The advertising
actually never flows, it rather drips to our media. According to the
Chairman of the Parliamentary Standing Committee on Social Issues, Health
and Environment Gagik Tadevosian, the World Health Organization intends to
assist the anti-smoking and anti-alcohol public service announcements
placements in the Armenian air, yet it is quiet questionable whether this
organization will be able to compensate for the losses incurred by the
broadcast media.
The efforts of our deputies to protect the health of the nation would have
been quite laudable, but for the exception provided for by the Law. Why does
the ban on advertising strong alcoholic beverages bypass cognac? Is this
drink out of the strong beverage class? Or does its use not harm the health
of the nation for the simple reason it is our national brand? The answer is
obvious: someone is very eager to protect the interests of someone else.
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Editor of YPC Newsletter - Elina POGHOSBEKIAN
____________________________________________
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375009, Yerevan, Armenia
Tel.: (+ 3741) 53 00 67; 53 35 41
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