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"JOURNALISTIC ORGANISATIONS ARE CONCERNED"
A1+
[12:16 pm] 26 September, 2006
The remarks and suggestions of Journalists' Union, Yerevan Press
Club and "Internews" NGO on the draft amendments to the RA law on
"Television and Radio"
Taking into consideration the freedom of expression, media diversity
and their significant role in the society as well as the necessity
of establishing democratic, legal system, we present the following
observations; 1. Certain amendments to the bill, with the exception
of Article 21 referring to the appointment of the members to the
Nation Commission, are not in line with the motives of the draft
admission. Article 83.2 of the Constitution, according to which an
independent regulating body is formed by law to provide freedom of
mass media and diversity, cannot serve a convincing basis to endorse
such amendments.
On the other hand, the contents of Article 21 with its current
formulation doesn't comply with the demands of Article 83.2 lest the
change of National Commission members according to the constitutional
demands are made clear. In fact, this is an attempt of avoiding
adjustment of the legislation to the constitutional amendments in
close future. Taking into account the fact that the current members
are appointed by the RA President, we suggest involving 8 members
elected by the National Assembly in the Commission. As a result of
this members will be elected equally by the RA President and by
the National Assembly. Besides, the demands of Article 11 of the
Constitution according to which "current members must hold their
posts by the time their term of office stipulated by the RA law on
"Television and Radio" has expired" will not be breeched. 2. We assume
that the attempt of the government to put the draft amendments on the
agenda of the national Assembly without holding public debates and
consultation with market representatives will have its side-effect
on the quality of the Law.
Besides, in comparison with the adopted democratic principles,
it merely ignores the opinion of civil society. We also think
that the annulation of the advertisement restrictions is a
real threat as it offers unequal conditions at the market of
advertisement. It is obvious that such amendments must be taken
into serious consideration. The interests of private TV Companies
and audience must be taken into consideration as well. 3. Reminder:
the bill doesn't reflect the opinion of international organisations
and NGOs, a number of suggestions made on the legislation as well as
the provisions of consultations 96 (10) and 2000 (23) of the Council
of Europe. Finally, in regard of the absence of Commission's freedom,
the draft amendments may strengthen the negative phenomena connected
with the sphere regulation and worsen the current situation.
We voice hope that the RA Government and National Assembly will take
into account our observations and suggestions and will hold mass
discussions on the bill.
A1+
[12:16 pm] 26 September, 2006
The remarks and suggestions of Journalists' Union, Yerevan Press
Club and "Internews" NGO on the draft amendments to the RA law on
"Television and Radio"
Taking into consideration the freedom of expression, media diversity
and their significant role in the society as well as the necessity
of establishing democratic, legal system, we present the following
observations; 1. Certain amendments to the bill, with the exception
of Article 21 referring to the appointment of the members to the
Nation Commission, are not in line with the motives of the draft
admission. Article 83.2 of the Constitution, according to which an
independent regulating body is formed by law to provide freedom of
mass media and diversity, cannot serve a convincing basis to endorse
such amendments.
On the other hand, the contents of Article 21 with its current
formulation doesn't comply with the demands of Article 83.2 lest the
change of National Commission members according to the constitutional
demands are made clear. In fact, this is an attempt of avoiding
adjustment of the legislation to the constitutional amendments in
close future. Taking into account the fact that the current members
are appointed by the RA President, we suggest involving 8 members
elected by the National Assembly in the Commission. As a result of
this members will be elected equally by the RA President and by
the National Assembly. Besides, the demands of Article 11 of the
Constitution according to which "current members must hold their
posts by the time their term of office stipulated by the RA law on
"Television and Radio" has expired" will not be breeched. 2. We assume
that the attempt of the government to put the draft amendments on the
agenda of the national Assembly without holding public debates and
consultation with market representatives will have its side-effect
on the quality of the Law.
Besides, in comparison with the adopted democratic principles,
it merely ignores the opinion of civil society. We also think
that the annulation of the advertisement restrictions is a
real threat as it offers unequal conditions at the market of
advertisement. It is obvious that such amendments must be taken
into serious consideration. The interests of private TV Companies
and audience must be taken into consideration as well. 3. Reminder:
the bill doesn't reflect the opinion of international organisations
and NGOs, a number of suggestions made on the legislation as well as
the provisions of consultations 96 (10) and 2000 (23) of the Council
of Europe. Finally, in regard of the absence of Commission's freedom,
the draft amendments may strengthen the negative phenomena connected
with the sphere regulation and worsen the current situation.
We voice hope that the RA Government and National Assembly will take
into account our observations and suggestions and will hold mass
discussions on the bill.