From: Justin Burke (JBurke@sorosny.org)
Date: Fri Apr 04 2003 - 08:40:11 EST
YEREVAN PRESS CLUB WEEKLY NEWSLETTER
MARCH 22 - APRIL 4, 2003
HIGHLIGHTS:
JOURNALISTIC COMMUNITY AGAINST THE CONSIDERATION OF THE DRAFT "ON MASS
COMMUNICATION" BY THE PARLIAMENT
FIVE TV COMPANIES CHALLENGED THE DECISION OF THE COMMERCIAL COURT
APRIL 2 MARKED A YEAR SINCE "A1+" TV COMPANY IS DEPRIVED OF AIR
INVESTIGATIVE BODIES DEMONSTRATE THE VIDEO RECORDING OF THE EXAMINATIONS
OF THOSE CHARGED WITH TIGRAN NAGHDALIAN'S ASSASSINATION
THE CENTRAL BANK AND "ARAVOT" DAILY RECONCILED
HEARINGS OF THE SUIT OF "ARDSHINBANK" VERSUS "ARAVOT" STARTED
THE JOINT PROJECT OF JOURNALISTS AND LAWYERS
NEW REGIONAL INITIATIVE TO STUDY KARABAGH PROBLEM LAUNCHED
U.S. DEPARTMENT OF STATE PUBLISHED THE ANNUAL REPORT ON HUMAN RIGHTS
PRACTICES IN ARMENIA IN 2002
COMMITTEE TO PROTECT JOURNALISTS ON ATTACKS ON PRESS IN ARMENIA IN 2002
FORUM OF ARMENIAN PRESS OF EUROPE HELD
DAILY SUPPLEMENT TO "YERKIR" WEEKLY
JOURNALISTIC COMMUNITY AGAINST THE CONSIDERATION OF THE DRAFT "ON MASS
COMMUNICATION" BY THE PARLIAMENT
On March 26 the draft RA Law "On Mass Communication" was submitted to
the consideration of the extraordinary session of the RA National
Assembly. As it has been reported, the first version of the draft,
developed by the RA Ministry of Justice and approved by the Government
on February 7 last year, caused a huge protest wave of the media and
journalistic associations of the country, was negatively assessed by
local and international experts. Further the document was revised (also
taking into account some demands of the journalistic community),
approved on November 7 and introduced to the Parliament in mid-November,
2002. During the December hearings at the NA the Armenian media and
professional organizations, including Yerevan Press Club, once again
introduced their proposals on both the content of the draft and the
preferability of its consideration after the parliamentary elections in
May 2003.
Despite this, on March 24 RA President Robert Kocharian signed a decree
of summoning an extraordinary parliamentary session the next day, the
agenda of which, in addition to other issues, included the first hearing
of the draft "On Mass Communication".
The decree of the President raised another wave of discontent. On March
25 and 26 a number of opposition newspapers (in particular, "Aravot",
"Orran", "Haikakan Zhamanak", "Ayzhm", "Iravunk"), similarly to March
last year (see YPC Weekly Newsletter, February 23 - March 1, 2002), were
issued with an
appeal: "No to Censorship! Remove the Draft Law 'On Mass Communication'
from Circulation!"
On March 26 and the subsequent days of the ordinary parliament session
the representatives of "the fourth estate" took part in a demonstration
and pickets, organized by National Press Club, by the NA houses. The
main demand of the rally participants was the removal of the draft from
the agenda and its consideration only after the parliamentary elections
on May 25.
Eventually, the voting on the draft "On Mass Communication" did not
occur due to lack of quorum.
It is important to note that on March 21 the NA Vice Speaker Tigran
Torosian announced that the draft law "On Mass Communication" received
the positive assessment of the Venice Commission of the Council of
Europe. Yerevan Press Club addressed this structure for clarification.
The Deputy Secretary of the CE Venice Commission Thomas Markert informed
us that the Venice Commission did not represent any assessment of the
draft, and what was meant were probably the last comments of the experts
of the CE Directorate General of Human Rights (DG II) made on May 17
last year. In the comments it was particularly stressed that "consensus
among media professionals on different provisions of this law is more
important than a quick adoption". Thus, the Council of Europe realized
that the timeframes it has set are not a dogma, if the public has
serious objections to the document.
Yerevan Press Club fully shares the opinion of the media and
professional associations who believe that in the current tense
political situation and the controversies on the draft "On Mass
Communication" being present, its adoption today is not opportune and
must be delegated to the new Parliament.
As to the contents of the draft, in the opinion of YPC, some provisions
continue to cause serious concern, in particular, with regard to the
fact that the law must regulate the activities of traditional media -
also to comply with the commitments of Armenia to the Council of Europe.
Meanwhile, the draft regulates the dissemination of the information in
general, also via Internet.
Secondly, the required transparency of media funding is also doubtful.
Technically, it corresponds to the international standards, however, the
journalist community of the country fears that this provision will be
applied selectively and can become a method of exercising pressure on
the unwanted media. The lawmakers must take these fears into account
seriously.
FIVE TV COMPANIES CHALLENGED THE DECISION OF THE COMMERCIAL COURT
On March 31 "Dar 21", "ARMENAKOB", "TV 5", "Yerevan" and "EV" TV
companies challenged with the Chamber for Civil and Commercial Cases of
the RA Court of Cassation the decision of the Commercial Court of March
14. As it has been reported, the Court refused securing the suit of the
five broadcasters versus the National Commission on Television and
Radio, filed due to the refusal of the latter to return them their
application packages for the broadcast licensing competition for
revision (see details in YPC Weekly Newsletter, March 8-14, 2003).
This confirmed the anxiety we voiced previously that the broadcast
licensing competition for five UHFs in Yerevan announced as far back as
on October 15, 2002, will be delayed again, and the opposition "A1+" TV
company, a bidder in the competition, will again be refused the chance
to get back on air before the parliamentary elections. Consequently (and
this is validated by the monitoring of Armenian media coverage of
presidential elections), the possibility for the public to get diverse
opinions will again be reduced to minimum, namely the few opposition
newspapers with petty print runs.
APRIL 2 MARKED A YEAR SINCE "A1+" TV COMPANY IS DEPRIVED OF AIR
April 2 completed a year since "A1+" TV company was not issued a
broadcast license. Founded in 1991, "A1+" was the only TV channel of
general nature having 24-hour air and actually the only of the
electronic media in the capital that openly and consistently opposed the
authorities. During the whole this year the TV company attempted to get
back on air, participating in a new competition that has all the chances
of getting into the Record Book of media-authorities clash, in the
nomination of "the most legally frozen". During the whole this year the
journalistic community, the public and political forces of the country,
reputable international organizations waged struggle to get "A1+" back
on the TV screens. And during the whole this year the journalists of the
TV company displayed solidarity, so rare in our hardly survivable life:
they and their families went on a slim diet, but did not quit. We wish
we could say: guys, wait a tiny bit more, and you will put on your TV
clothes and take the mikes and cameras out of their boxes:
INVESTIGATIVE BODIES DEMONSTRATE THE VIDEO RECORDING OF THE EXAMINATIONS
OF THOSE CHARGED WITH TIGRAN NAGHDALIAN'S ASSASSINATION
On March 27 the Public Television of Armenia aired the recording of the
examination of Armen Sargsian and others, arrested on the charge of
organizing the assassination of the Chairman of the Council of Public TV
and Radio Company of Armenia Tigran Naghdalian, committed on December
28, 2002 (see details in YPC Weekly Newsletter, March 15-21, 2003 and
March 8-14, 2003). In the opinion of the investigative bodies, the
testimony of Armen Sargsian (the brother of Prime Minister Vazgen
Sargsian, killed during the terrorist attack on the Parliament in
October 27, 1999 and of Aram Sargsian, a member of the Political Council
of the opposition "Republic" party) proves his involvement in the crime.
Meanwhile, the opposition forces announced the video aired by PTA was
fake.
THE CENTRAL BANK AND "ARAVOT" DAILY RECONCILED
On March 25 at the court of primary jurisdiction of Center and
Nork-Marash communities of Yerevan the proceedings on the suit of
Central Bank versus "Aravot" daily continued. As it has been reported,
the Central Bank instituted a legal action demanding to oblige "Aravot"
to publish a refutation on a number of pieces telling about the
misconduct of the CB officials (see details in YPC Weekly Newsletter,
March 8-14, 2003 and March 15-21, 2003). At the subsequent sessions
(March 26 and April 1) the parties debated and the possibilities for a
reconciliation agreement were discussed.
At the session of April 2 the reconciliation agreement was read out.
According to the document, the respondent assumed the commitment of
publishing in the coming two issues the text of refutation of articles
"How Much Does the Position of the Department Head at the CB Cost?"
(January 21) and "For the Information of Incorruptible Officials"
(February 11), as presented by the CB. The plaintiff assumed the
obligation not to challenge the other pieces published by the newspaper
before April 3. The refutation was published by "Aravot" in the issues
of April 3 and 4.
HEARINGS OF THE SUIT OF "ARDSHINBANK" VERSUS "ARAVOT" STARTED
On March 27 at the RA Commercial Court the proceedings on the suit of
"Ardshinbank" versus "Aravot" daily started. As it has already been
reported, the bank demands to oblige "Aravot" to pay $37,000 as
compensation for the damage caused by a number of articles published by
the newspaper (see YPC Weekly Newsletter, March 8-14, 2003). According
to the bank management, these publications caused the annulment of its
deal with "Converse Bank". At the session "Aravot" filed a counter-claim
- demanding to acknowledge the agreement on the deal of the two banks
invalid, as its signing violated the RA Law "On Banks and Banking
Activities" and other legal and normative acts.
The next court session is to be held on April 10.
THE JOINT PROJECT OF JOURNALISTS AND LAWYERS
On March 25-27 in Gudauri, Georgia, the trilateral meeting of
representatives of the Committee to Protect Freedom of Expression
(Armenia), Baku Press Club and the Association of Young Lawyers of
Georgia, which implemented a joint project "Harmonization of
Media-Related Legislation of the Countries of South Caucasus with
European Standards". The project was supported by the South Caucasus
Cooperation Program of Eurasia Foundation.
At the meeting the presentations of the partners on the legal regulation
of media activities in Armenia, Azerbaijan and Georgia, the progress
with regard to the implementation of the commitments of the three
countries to the Council of Europe with regard to media legislation as
well as proposals on the improvement of the legislative framework for
media and its harmonization with the common international standards were
discussed.
The meeting concluded the preliminary, contact project that served a
basis for the partners to develop a more extensive program of joint
work.
NEW REGIONAL INITIATIVE TO STUDY KARABAGH PROBLEM LAUNCHED
On March 27-29 in Gudauri another working meeting was held. The meeting
was organized under the bilateral project of Yerevan and Baku Press
Clubs "Possible Resolutions to the Karabagh Conflict: Expert Evaluations
and Media Coverage", supported by the OSI Network Media Program. Having
started in February 2003 and scheduled for a year, this project is a
certain continuation of the initiatives of 2001-2002 for a research on
Karabagh conflict held by single methodology. At the meeting the
representatives of YPC, BPC and Stepanakert Press Club discussed the
course of the five-month monitoring (March-July) of the coverage of
Karabagh conflict resolution process by the media of Armenia, Azerbaijan
and Mountainous Karabagh. The methodology of the expert research to be
conducted in May by the three parties to determine the attitudes of the
influential political and public figures to the conflict resolution
prospects was also clarified.
U.S. DEPARTMENT OF STATE PUBLISHED THE ANNUAL REPORT ON HUMAN RIGHTS
PRACTICES IN ARMENIA IN 2002
On March 31 the U.S. Department of State released its annual report on
human rights practices in different countries of the world in 2002,
prepared by the Bureau of Democracy, Human Rights and Labor.
In the report on Armenia the situation of freedom of expression and
press for the last year is described in almost the same words as in the
similar report of the U.S. Department of State for 2001 (see YPC Weekly
Newsletter, March 9-15, 2002), namely: " while the Government generally
respected freedom of speech, there were some limits on freedom of the
press"; "publications presented a variety of views and the opposition
press regularly criticized government policies and leaders, including
the President, on sensitive issues such as the Nagorno-Karabakh peace
process and privatization"; "to avoid repetition of the retribution
experienced in the past from powerful officials and other individuals,
most journalists continued to practice self-censorship, particularly
when reporting on major cases of corruption or national security
issues"; "journalists remained cautious in their reporting, particularly
about proceedings in the courtroom"; there was no censorship or
restrictions on reception of satellite television and other foreign
media, international newspapers and imported magazines; "the President's
office continued to influence state television news coverage
significantly", while "private television stations offered independent
news coverage of good technical quality", etc.
As to the Public Television of Armenia, as the report for 2002 notes, it
"took policy guidance from the Government", "presented mostly factual
reporting but avoided editorial commentary or criticism of official
actions".
By the assessment of the Department of State, the state publishing house
and press distribution agency last year operated as commercial
enterprises "with no visible government intervention". The print media
themselves operated with very restricted resources and none of the
newspapers was completely independent from the interests of economic,
political groups or individuals. "Because of prevailing economic
conditions, total newspaper circulation was small (40,000 copies, by the
Yerevan Press Club's estimates, or approximately one copy per 85
persons)", the report says.
"Opposition parties and politicians generally received adequate news
coverage and access to broadcast media", the Department of State
believes. "In the run-up to the 2003 presidential and legislative
elections, they have continued to have free access to media coverage".
The process of licensing the broadcast media, in the opinion of the
State Department, "is strictly governed by the 2000 Law on Broadcast
Media, which appeared to be observed in practice, although it was not
well understood by some sectors of the media or public".
The report also noted the joint work of the Parliament Standing
Committee on Science, Education, Culture and Youth Issues, Yerevan Press
Club and "Internews" international NGO on the broadcast law. At the same
time it was noted that while the amendments to the law passed in 2001 "
met many previously expressed concerns by media and human rights groups
regarding freedom of the media, it still contains loopholes that could
be used to impose greater control on the media by government bodies".
The following incidents are quoted in the report as examples of freedom
of expression and press violations: the assassination of the Chairman of
Public TV and Radio Council Tigran Naghdalian on December 28 last year;
the situation with "A1+" and "Noyan Tapan" TV companies, which were not
issued broadcast licenses in April 2002; the grenade explosion in
October last year that left the Deputy Director of Caucasus Media
Institute Mark Grigorian with shrapnel wounds.
COMMITTEE TO PROTECT JOURNALISTS ON ATTACKS ON PRESS IN ARMENIA IN 2002
The Committee to Protect Journalists (CPJ) disseminated the annual
worldwide survey "Attacks on the Press" in 2002.
The section on Armenia said in particular that in the run-up to
presidential elections-2003, RA President Robert Kocharian, who was
seeking another term, "muzzled dissenting voices in the press and called
for more compliant media coverage of government policies": "As a result,
journalists continued to face criminal prosecution, attacks, and
censorship. Meanwhile, poor economic conditions drove some members of
the press to ignore journalistic standards and sell their skills to the
highest bidder - even if that meant being a mouthpiece for a powerful
politician or businessman."
The survey also notes that 2002 started with a controversy between the
authorities and the journalistic community on the approval of the draft
law "On Mass Communication" by the RA Government.
Among the negative incidents that occurred with the Armenian journalists
and media last year, CPJ mentions the broadcast licensing competitions
that deprived "A1+" and "Noyan Tapan" TV companies of frequencies as
well as the legal actions that ensued; the grenade explosion that
injured the Deputy Director of Caucasus Media Institute Mark Grigorian,
and the assassination of the Chairman of the Public TV and Radio Council
of Armenia Tigran Naghdalian that ended the year.
FORUM OF ARMENIAN PRESS OF EUROPE HELD
On March 21-23 in Bratislava (Slovakia) the Forum of Armenian Press of
Europe was held for the first time. The event was organized by the Forum
of Armenian Unions of Europe. In the meeting the representatives of
media and journalistic organizations of Armenia and Armenian Diaspora
took part. Among other issues, the event participants discussed the
situation of the Armenian-language press in Europe, its role in
retaining the language, culture and national traditions, the cooperation
with foreign media, the coverage of the problems of Armenia in the
Armenian media of Europe, and the problems of Diaspora in the media of
Armenia. In the course of the work, the Forum outlined the directions of
the further activities of the participants, in particular, the
establishment of the common information network of Armenian media of
Europe, the establishment of a press club of Armenian journalists of
Europe, the compilation and publication of a reference book on Armenian
media of Europe. To accomplish these tasks a professional committee was
formed, comprised of representatives of media and journalists
association of Armenia and Europe.
DAILY SUPPLEMENT TO "YERKIR" WEEKLY
Since April 1 "Yerkir Or", the daily supplement to "Yerkir" weekly (the
print organ of "Dashnaktsutyun" party) was issued. According to Gegham
Manukian, responsible for the issue of "Yerkir", the supplement will be
published till the end of the parliamentary elections to be held on May
25.
When reprinting or using the information above, reference to the Yerevan
Press Club is required.
You are welcome to send any comment and feedback about the Newsletter
to: pressclub@ypc.am
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Editor of YPC Newsletter - Elina POGHOSBEKIAN
____________________________________________
Yerevan Press Club
39/12 Mesrop Mashtots Avenue
375009, Yerevan, Armenia
Tel.: (+ 3741) 53 00 67; 53 35 41
Fax: (+3741) 53 56 61; 53 76 62
E-mail: pressclub@ypc.am
Web Site: www.ypc.am
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