YEREVAN PRESS CLUB WEEKLY NEWSLETTER
SEPTEMBER 5-11, 2008
HIGHLIGHTS:
JOURNALISTIC ASSOCIATIONS PROTEST, PARLIAMENT APPROVES: NO BROADCAST
LICENSING COMPETITIONS TO BE HELD FOR TWO YEARS
"ASPAREZ" ANNOUNCED THAT SHIRAK INVESTIGATIVE BODIES ARE UNABLE TO DISCLOSE
THE CRIMES COMMITTED AGAINST JOURNALISTIC ORGANIZATION
CRIMINAL PROCEEDINGS AGAINST JOURNALISTS INSTITUTED FOR DISRESPECT TO COURT
"GREEN AND BLACK" – A BOOK ON KARABAGH CONFLICT
HUNDREDTH ISSUE OF "DEMO"
JOURNALISTIC ASSOCIATIONS PROTEST, PARLIAMENT APPROVES: NO BROADCAST
LICENSING COMPETITIONS TO BE HELD FOR TWO YEARS
On September 9 Yerevan Press Club, the Committee to Protect Freedom of
Expression, "Internews" Media Support NGO, "Asparez" Journalist’s Club of
Gyumri, and "Femida" public organization released a statement with regard to
draft law "On Introducing an Addition to the RA Law ‘On Television and
Radio’", submitted to the agenda of the RA National Assembly session on
September 8 and discussed on the session of September 9. As it has been
reported, the draft was approved by the RA Government on August 28; however,
no expert assessment of the draft was made and all attempts of the
journalistic community to see the document fell flat (see YPC Weekly
Newsletter, September 1-4, 2008). The draft was made public only on
September 8, the day the autumn session of the parliament was opened. The
draft stipulated to add a clause to Article 59 of the RA Law "On Television
and Radio", reading: "Not to announce broadcast licensing competitions till
July 20, 2010. The TV companies, whose licenses expire before January 21,
2011, can request prolongation of the license from the National Commission
(Ed. Note: National Commission on Television and Radio). The license will
thus be prolonged for the period requested, but for no longer than January
21, 2011." The need to introduce such a provision is substantiated by the
Government by the expected transition from analogue to digital broadcasting
in Armenia.
The statement of the five professional organizations says:
"The Government of the Republic of Armenia has proved once again that its
initiatives in media domain are aimed not at ensuring the constitutional
right to free receipt and dissemination of information, not at the
improvement of the domain, not at the implementation of the commitments to
the Council of Europe and recommendations of PACE resolutions, but at
retaining and strengthening the total control over broadcasters, currently
practiced.
We are induced to make such a statement by the draft law "On Introducing an
Addition to the RA Law ‘On Television and Radio’", approved at the session
of the RA Government of August 28, further submitted to the National
Assembly on September 3, introduced into the NA session agenda without an
assessment from the specialized Committee on September 8 and hastily
discussed at the session of September 9, and by the justification of the RA
Government regarding the necessity of the law adoption.
According to this draft, till July 20, 2010 the broadcast licensing
competitions will not be announced. That is, till January 2011 no
broadcaster will be able to gain a license.
We find the draft law unacceptable for a number of reasons:
a) The Government, despite the numerous assurances that no media draft law
will be put into circulation without a discussion with the stakeholders,
once again did this secretly, and the draft became available to public only
on September 8, the day when the NA session was launched. This hide-and-seek
games show that the Government itself realized the vulnerability of the
document.
b) No matter how hard the draft authors tried, they failed to give a
rational explanation as to why the broadcast licensing competitions should
be suspended till July 20, 2010 exactly and not, say, till 2012. Which
program requires Armenia to start the digitalization in 2010, where and when
was it discussed and approved, what is the timeline for the transition? We
know that a tentative version of such a program did go through a certain
stage of discussions and was strongly criticized by both local and
international experts. After this, no documents regarding digitalization was
publicized.
c) The terms of broadcast licensing competitions held to this day failed to
ensure fair treatment and transparency. This was stated also by the European
Court of Human Rights in its ruling of June 17, 2008 on the case of "A1+" TV
Company. As a result, Armenia has a broadcast domain which, as numerous
opinion polls and monitorings show, does not ensure pluralistic and
impartial information, does not enjoy public trust. Broadcasters make
numerous violations of the legislation that are not penalized by competent
bodies. The trends for monopolization of the domain are obvious. Under the
circumstances, the Government with its proposal to suspend the competition
process in fact contributes to retaining the status, unacceptable for the
society and a democratic country.
d) The draft authors suggest to do something that is in direct opposition to
the requirement of the PACE Resolution 1620 (2008). The Resolution is
explicit in saying: "The Assembly recalls that there is a need for a
pluralistic electronic media environment in Armenia and, referring to the
decision of the European Court concerning the denial of a broadcasting
license to the television channel "A1+", calls on the licensing authority to
now ensure an open, fair and transparent licensing procedure, in line with
the guidelines adopted by the Committee of Ministers of the Council of
Europe on 26 March 2008, and with the case law of the Court."
We, representatives of journalistic NGOs, state that this initiative of the
Government has nothing to do with either the protection of the broadcasters,
consumers, state or "with ensuring equal opportunities and prevention of
market upheavals" (as noted in the governmental justification), but is only
an attempt to get rid of the broadcast licensing competitions as of an
unnecessary headache.
The adoption of such laws will result in a situation when we shall enter the
era of digital broadcasting with low-quality broadcaster that does not meet
the public demand and international standards, is monopolized and hence is
easy to control.
The Conclusion of "Media Diversity in Armenia" international conference,
held in Yerevan on July 8 this year, noted that the problems in the media
"were a consequence of inconsistent reforms and insufficient attention to
the recommendations of local and foreign experts, representatives of
reputable international organizations".
We once again call on the authorities, proceeding from the complexity of
media issues, to display a systemic approach to reforms and, before
approving a draft law, to hold a transparent, representative, multilateral
discussion with the involvement of local and international organization.
Only in this way both the competitions and the digitalization and other
reforms will serve the interests of the society.
We urge the deputies of the RA National Assembly to vote against the draft
presented."
Meanwhile, at the parliament session of September 10 the draft law was
approved in the first hearing. In the evening of the same day on the
initiative of the RA National Assembly deputies an extraordinary session was
summoned at which the draft was adopted in the second and third hearings
(finally).
"ASPAREZ" ANNOUNCED THAT THE INVESTIGATIVE BODIES OF SHIRAK ARE UNABLE TO
DISCLOSE THE CRIMES COMMITTED AGAINST THE JOURNALISTIC ORGANIZATION
On September 5 "Asparez" Journalist’s Club of Gyumri released a statement
saying that the investigation division of Shirak region of the Chief
Investigation Department of the RA Police is unable to disclose the crimes
against the journalistic association. As it has been reported, in the
morning of January 19, 2008 an attempted arson of "Asparez" office was made
(see YPC Weekly Newsletter, January 25-31, 2008). Two months later, in the
morning of March 21, 2008 the Opel Vectra car, owned by the President of
"Asparez" Nadezhda Hakobian and used at the moment by the Chairman of the
Club Council Levon Barseghian, was set on fire (see YPC Weekly Newsletter,
March 21-27, 2008).
After the car arson, the statement of "Asparez" says, the police jointed the
two incidents into one case and "for about 6-8 months is unsuccessful in
trying to identify the offenders". Meanwhile, the statement goes on to
stress, the journalistic association conducted its own investigation and,
having compared the information from various sources, all the circumstances,
concluded that the two crimes "were committed upon the order (wish) of the
same person". Besides, the Chairman of "Asparez" Council Levon Barseghian
knows who the initiators and other accomplices are, at least 4 people. Yet
from now on Levon Barseghian refuses to impart any information to the law
enforcement bodies, since neither they nor the judicial system in the
country "act and in reality protect the interests of the society and
citizens". "For example, in Armenia none of the three dozens of similar
crimes against journalists and media are disclosed", the statement of
"Asparez" Journalist’s Club of Gyumri stresses.
CRIMINAL PROCEEDINGS AGAINST JOURNALISTS INSTITUTED FOR DISRESPECT TO COURT
Kentron Police Department instituted criminal proceedings against free-lance
photo journalist Gagik Shamshian and the correspondent of "Chorrord
Ishkhanutiun" newspaper Gohar Vezirian. As it has been reported, the
incidents with the journalists occurred during the hearing of the same case
in the court of general jurisdiction of Kentron and Nork-Marash communities
of Yerevan. On August 5, 2008 upon the order of judge Gagik Avetisian Gagik
Shamshian was dismissed from the courtroom, after which the journalist was
first locked in the basement of the court and was later taken to the Kentron
Police Department. The next day, August 6, a similar sanction was applied on
Gohar Vezirian: upon the order of the same judge the journalist was ousted
from the courtroom, was held in the room, intended for defendants, after
which she was sent to the Kentron Police Department. Having spent over two
hours at the police station, Gagik Shamshian and Gohar Vezirian were
released on August 5 and 6, respectively (see YPC Weekly Newsletter,
September 1-4, 2008).
The criminal proceedings against journalists were instituted by Part 1,
Article 343 of the RA Criminal Code ("Disrespect to Court"), stipulating a
penalty of 100-300 minimal salaries or imprisonment of one to two months.
As YPC was told by attorney Hovik Arsenian, the journalists do not
acknowledge their guilt, moreover, in their opinion, judge Gagik Avetisian
exceeded his competence.
"GREEN AND BLACK" – A BOOK ON KARABAGH CONFLICT
The correspondent of "Armenian Reporter" weekly Tatul Hakobian published a
book, "Green and Black". The 584-page publication collects documental
materials, reminiscences of eye-witnesses, opinions of officials about
Karabagh conflict and its resolution process.
HUNDREDTH ISSUE OF "DEMO"
The first public newspaper in Karabagh, "Demo", has published its hundredth
issue. The newspaper was launched on March 31, 2004 with the financial
support of British Conciliation Resources NGO and the creative support of
Stepanakert Press Club under a project of Global Conflict Prevention Fund of
the UK Government. The Chief Editor of "Demo" is Gegham Baghdasarian.
Yerevan Press Club congratulates colleagues with the first jubilee and
wishes them further prosperity and new creative achievements.
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Editor of YPC Newsletter – Elina POGHOSBEKIAN
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