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  • Azerbaijan: Broadcasting Regulatory Body Wants To Stop Foreign-Prepa

    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.
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