AZERBAIJAN: BROADCASTING REGULATORY BODY WANTS TO STOP FOREIGN-PREPARED PROGRAMMING
Rovshan Ismayilov
Eurasianet, NY
October 11, 2006
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.
NOTES: Rovshan Ismayilov is a freelance journalist, based in Baku.