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Yerevan Press Club Weekly Newsletter - 03/25/2004

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  • Yerevan Press Club Weekly Newsletter - 03/25/2004

    YEREVAN PRESS CLUB WEEKLY NEWSLETTER

    MARCH 19-25, 2004

    HIGHLIGHTS:

    ROUND TABLE PARTICIPANTS URGE THE AUTHORITIES TO SOLVE MEDIA LEGISLATION
    PROBLEMS

    COMMUNIQUE ON THE LAW "ON FREEDOM OF INFORMATION"

    COMPROMISE REACHED, WHAT IS THE NEXT STEP?

    STATE OFFICIAL LOSES TO "DELOVOY EXPRESS"

    "A1+" SUIT VERSUS NATIONAL COMMISSION ON TELEVISION AND RADIO REJECTED

    CAMPAIGN IN SUPPORT OF "A1+"

    JUBILEE ISSUE OF YSU NEWSPAPER


    ROUND TABLE PARTICIPANTS URGE THE AUTHORITIES TO SOLVE MEDIA LEGISLATION
    PROBLEMS

    On March 20-21 in Yerevan a round table meeting "Reforms of Armenian Media
    Legislation and Their Compliance With European Standards" was held. It was
    organized by Yerevan Press Club and "Article 19" Global Campaign for Freedom
    of Expression. Representatives of executive, legislative, judicial power,
    NGOs and media of Armenia, international organizations, foreign experts
    participated in the meeting. RA Minister of Justice David Harutyunyan and
    Head of OSCE Office in Yerevan, Ambassador Vladimir Pryakhin opened the
    round table.

    The meeting participants discussed the whole spectrum of legislative
    initiatives regulating media sphere and adopted by the Parliament in the
    recent year: RA Law "On Mass Communication" (Deputy Minister of Justice
    Ashot Abovian made a presentation on this issue), amendments to RA Law "On
    Television and Radio" (presentation by RA National Assembly deputy Vazgen
    Khachikian). Particular attention was paid to the amendments to RA Law "On
    Freedom of Information" recently adopted by the Government (presentation by
    "Article 19" Legal Officer Peter Noorlander). Other no less urgent topics
    were devoted to Armenia's honoring of the commitments to the Council of
    Europe in freedom of expression (presentation by YPC Expert Mesrop
    Harutyunyan), necessity for decriminalization of libel and insult
    (presentation by International Expert Ireneusz Cezary Kaminski), Polish
    experience in public broadcasting (presentation by Member of Polish
    Journalists' Association Board of Directors Agnieszka Romaszewska).

    At the round table, Article 19 publicized its statement on the situation
    with media legislation in Armenia. Emphasizing a certain progress in
    developing legal guarantees for freedom of expression and media diversity
    achieved by Armenia in the past four years - since its accession to CE, the
    organization expressed its concern over a number of problems demanding
    urgent solution. In particular, "Article 19" statement notes that regular
    refusal of the National Commission on Television and Radio of broadcast
    license to "A1+" TV Company testifies to "lack of political independence" of
    this body regulating private broadcasters' activity.

    On March 21, the last working day of the round table, one more statement was
    adopted - this time by its participants. The statement runs,

    "We, the participants in the "Round Table on Reforms of Armenian Media
    Legislation and their Compliance with European Standards", organized by
    Yerevan Press Club and "Article 19" Global Campaign for Freedom of
    Expression, meeting on 20-21 March 2004,

    Emphasizing the crucial importance of freedom of expression and information
    as an individual human right, as a cornerstone of democracy and as a means
    of ensuring respect for all human rights and freedoms;

    Concerned that while some important steps have been taken to bring Armenia's
    media laws into line with European standards on the right to freedom of
    expression, much remains to be done;

    Call on the Government of the Republic of Armenia to take urgent action to
    address the following concerns:

    Criminal Defamation

    The current harsh criminal provisions on defamation and insult should be
    abolished and replaced with appropriate civil defamation laws, incorporating
    the following standards:

    - Actual damages awarded for defamation must be proportionate to the harm
    caused and take into account whether or not alternative remedies, such as
    the right to reply, have been accessed. Moral damages or any other punitive
    awards should be limited and take into account their likely impact on the
    wider exercise of the right to freedom of expression;

    - Public officials, because of their status as servants of the people,
    should enjoy less protection than ordinary citizens;

    - No one should be held liable for the expression of an honestly held
    opinion; and

    - The burden of proof of the falsity of an allegation in a matter of public
    of concern should be on the plaintiff.

    Broadcasting Legislation

    The independence of the National Commission of Television and Radio must be
    strengthened. The entire process for appointing members should be open and
    democratic, include full public participation and consultation and should
    not be dominated by any particular political or commercial interest.
    Membership overall should be required to be reasonably representative of
    society as a whole. The independence of the Council of the Public Television
    and Radio Company must be strengthened likewise.

    The licensing procedures included in the Broadcasting Law of 2000 must also
    be made more transparent. In particular, the Commission should provide full
    and complete written reasons for the grant or refusal of any broadcasting
    license application.

    Freedom of Information

    The proposed amendments to the Law on Freedom of Information threaten
    seriously to undermine the right of access to information. These amendments
    should be abandoned and the current law must be implemented with immediate
    effect. In particular, the implementing rules and regulations necessary to
    make the Law operational must be prepared immediately, in an open and
    consultative process.

    Any future amendments to the Law must promote rather than restrict the right
    to access to information, for example by limiting fees and reducing
    restrictions, and be adopted in a consultative process fully involving civil
    society, as supported by the OSCE Office in Yerevan. We welcome the
    statement of intent made by the Minister of Justice in this regard and we
    ask that before any further discussions take place, a report is published in
    which the concerns of the Ministry of Justice with regard to the September
    2003 Law are clearly set out.

    Mass Media Legislation

    We welcome steps taken in the Law on Mass Communication to protect
    journalists' sources, and we also welcome the statement made by the Deputy
    Minister of Justice regarding further work to bring criminal procedure laws
    in line with this. At the same time, we are highly concerned at the
    restriction the law places on the dissemination by journalists of classified
    information. This restriction violates international standards and must be
    removed.

    We are also concerned that the accreditation procedures currently being
    prepared should promote, not restrict, the right of journalists to report on
    the activities of state bodies. They should be fair, transparent and
    independently administered, and not create yet another bureaucratic hurdle
    for journalists to overcome.

    Consultation

    We request that a permanent group be set up with the Ministry of Justice to
    involve fully civil society representatives in any discussion of present or
    future laws and regulations that affect the exercise of the right to freedom
    of expression, including the implementation of these laws. This group should
    collaborate and consult with the Working Group under the parliamentary
    Commission on Science, Education, Culture and Youth Issues."


    COMMUNIQUE ON THE LAW "ON FREEDOM OF INFORMATION"

    On March 23, RA Ministry of Justice, Internews Armenia and "Article 19"
    Global Campaign for Freedom of Expression adopted a joint communique as a
    result of two days' discussions (March 22-23) on amendments to RA Law "On
    Freedom of Information", approved by Armenian Government on February 12,
    2004.

    The sides agreed that the discussion on introducing amendments to Law "On
    Freedom of Information", adopted in September 2003, should not impede
    implementation of the existing Law. "The Ministry of Justice welcomes any
    proposals that would facilitate the implementation of the existing Freedom
    of Information Law and will consider them seriously", the communique notes.
    Any amendments to the Law will aim to strengthen and clarify protection of
    the right to freedom of information as recognized in this Law, the RA
    Constitution and international agreements, as further mentioned.

    Besides, the communique emphasizes that "in the process of drafting and
    adopting amendments to the Freedom of Information Law there will be full
    consultation with civil society, including the Freedom of Information Civic
    Initiative, Internews Armenia, the Yerevan Press Club and others, and
    international organizations".

    The communique also contains accorded commentary on several articles of the
    Law "On Freedom of Information".


    COMPROMISE REACHED, WHAT IS THE NEXT STEP?

    On March 4 RA Government approved the Model Procedure for Accrediting
    Journalists in the State Administration (see YPC Weekly Newsletter, March
    5-11, 2004). After our repeated addresses to the author of the Model
    Procedure, RA Ministry of Justice, the text of the ratified document was
    finally provided. The draft of this sublegislative act was subject of
    detailed and constructive discussion with a number of journalistic
    associations and media. In particular, Yerevan Press Club, Journalists Union
    of Armenia, Internews Armenia and the Committee to Protect Freedom of
    Expression made their suggestions to the Ministry of Justice on amending
    several provisions of the Procedure.

    Thus the mentioned organizations proposed to introduce in the Procedure a
    provision on prohibiting any form of censorship of accredited journalist's
    professional activity by a state institution. This suggestion was introduced
    in the ratified text of the document.

    According to the journalistic associations, the draft of the Model Procedure
    presented extra obstacles for accreditation. The latter ones were removed,
    similarly to the point providing for the cases in which the journalist is
    not eligible for accreditation. Alongside this, the professional
    organizations proposed to stipulate for the ban on filing any claims except
    the ones specified in the point determining the accreditation procedure.
    This suggestion was not included in the official document ratified by the
    Government.

    The journalistic organizations also suggested that accreditation limitations
    be purely technical, in particular, be conditioned, for instance, by the
    absence of proper venues at the disposal of a state administration body,
    etc. However, the final version of the Procedure preserved the quantitative
    limitation as well: no more than two journalists and two photo
    correspondents/two cameramen from each media.

    The suggestion on simplifying the procedure of access of media
    representatives in state administration body - by identification card and
    list of accredited journalists - was partially accepted.

    On the initiative of journalistic organizations, a point was added in the
    Model Procedure obligating the ministries no less than twice a month to
    provide journalists with a summary report of their activity, as for the
    ministers - no less than once in half a year to inform about the work done
    at a press conference.

    Thus, the ratified document may be the result of a certain compromise
    between the Ministry of Justice and journalistic organizations. However, it
    is necessary to admit that on the basis of this sublegislative act each
    state administration body develops its own accreditation regulations. The
    latter ones and their implementation will allow assessing appropriateness
    and effectiveness of the Model Procedure.


    STATE OFFICIAL LOSES TO "DELOVOY EXPRESS"

    On March 25, the court of primary jurisdiction of Arabkir and Kanaker-Zeytun
    communities of Yerevan rejected the suit of a member of RA State Commission
    on Protection of Economic Competition Artashes Bakhshian versus "Delovoy
    Express" business weekly. The plaintiff demanded that the editorial office
    republish his interview to the weekly since the content of the latter, in
    his opinion, was distorted as a result of editorial interference (see detail
    in YPC Weekly Newsletter, March 12-18, 2004).


    "A1+" SUIT VERSUS NATIONAL COMMISSION ON TELEVISION AND RADIO REJECTED

    On March 23, RA Commercial Court rejected the suit of "A1+" founder,
    "Meltex" LLC, versus the National Commission on Television and Radio. The
    litigation was centered on the results of the broadcast licensing
    competitions on June 11 and July 18, 2003 at which the bids by "A1+" were
    assessed lower than the ones of its rivals (see YPC Weekly Newsletter,
    November 7-13, 2003). The plaintiff claimed for obligating the National
    Commission to provide grounds for refusing broadcast license on the results
    of these competitions.

    The hearings on this case started on November 3 last year, and at the
    previous session of February 10, the representative of the respondent filed
    a petition on challenging the judge that was accepted (see YPC Weekly
    Newsletter, February 6-12, 2004). The new judge managed to reject the suit
    in just one session.


    CAMPAIGN IN SUPPORT OF "A1+"

    On March 19, Fund for Speech Freedom Support announced a campaign on April
    2, 2004 in support of "A1+" TV company. On this very day, two years ago
    "A1+" was deprived of air as a result of refusal by National Commission on
    Television and Radio of broadcast license. Since then, the TV company
    unsuccessfully participated in seven more license competitions conducted by
    National Commission and still more unsuccessfully challenged the decisions
    of this regulating body in the courts.

    In the course of these two years, numerous international organizations,
    journalistic community of the country repeatedly addressed the Armenian
    authorities with a claim not to politicize "A1+" issue and to give the
    society an opportunity to hear an alternative viewpoint. The recent example
    of this was the Final Statement and Recommendations adopted at the Sixth
    Session of EU-Armenia Parliamentary Cooperation Committee, held on March
    15-16 in Yerevan. Among the Recommendations, adopted unanimously and
    pursuant to Article 89 of the Partnership and Cooperation Agreement,
    Parliamentary Cooperation Committee "draws attention to the vital role
    played by a free press in ensuring the development of democracy in Armenia
    and stresses in particular the importance of pluralism in the electronic
    media".

    The initiative group on the support of "A1+" TV company calls on everyone
    who values freedom of expression to participate on April 2 in the procession
    and rally thus supporting the following claims to the Armenian authorities:
    to conduct a competition for vacant frequencies and to involve
    representatives of public organizations in the process of rating assessments
    of the bidders' competition packages.

    The procession will start at 14.00 from "A1+" TV building (15, Grigor
    Lusavorich St., Yerevan) and will end in a rally (at 15.00) at Yerevan
    Freedom Square.


    JUBILEE ISSUE OF YSU NEWSPAPER

    On March 18, an event devoted to 2000 issue of "Yerevani Hamalsaran"
    newspaper was held in Yerevan State University. It was founded in 1920 at a
    time with the establishment of the University.

    Yerevan Press Club congratulates the colleagues with jubilee and wishes them
    future success!


    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:
    [email protected]

    Subscription for the Newsletter is free. To subscribe or unsubscribe from
    this mailing list, please send a message to: [email protected]

    Editor of YPC Newsletter - Elina POGHOSBEKIAN
    ____________________________________________
    Yerevan Press Club
    9B, Ghazar Parpetsi str.
    375007, Yerevan, Armenia
    Tel.: (+ 374 1) 53 00 67; 53 35 41; 53 76 62
    Fax: (+374 1) 53 56 61
    E-mail: [email protected]
    Web Site: www.ypc.am
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