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YEREVAN PRESS CLUB WEEKLY NEWSLETTER
JANUARY 8-15, 2009
HIGHLIGHTS:
"PRESS CLUB" CYCLE ON "YERKIR MEDIA" STARTING JANUARY 17
MEMBERS OF STATE COMMISSION ON PROTECTION OF ECONOMIC COMPETITION AND
"ARAVOT" DAILY REACHED AN AGREEMENT
"HUMAN RIGHTS WATCH": ARMENIA EXPERIENCED ONE OF ITS MOST SERIOUS CRISES
SINCE INDEPENDENCE
"GALA" TV COMPANY HAS AN OMBUDSMAN
STATEMENT OF JOURNALISTS REPORTING ON "THE CASE OF SEVEN"
CHANGES IN THE NEWSPAPER MARKET
ADMINISTRATION OF ARABKIR COMMUNITY COMMITTED TO PROVIDING INFORMATION
AMENDMENTS MADE TO THE BROADCAST LAW REGARDING PROGRAMS FOR NATIONAL
MINORITIES AND BROADCAST LICENSING COMPETITIONS
FOUNDER OF "A1+" DEMANDS THE COURT OF CASSATION TO RECONSIDER ITS RULINGS
LAST ISSUE OF "DEMO" NEWSPAPER
"ETERNAL ROLL CALL" BY GRATSIA BAGHDASARIAN
"PRESS CLUB" CYCLE ON "YERKIR MEDIA" STARTING JANUARY 17
Since January 17 on the air of "Yerkir Media" TV company "Press Club"
program cycle will resume. The program production is made under Yerevan
Press Club project, supported by Human Rights and Governance Program of Open
Society Institute. On Saturdays at 17.40 the "Press Club" participants -
representatives of state structures, political parties, NGOs and media -
will be discussing current affairs in Armenia. The "Press Club" programs are
also aired by a number of regional TV companies of Armenia.
MEMBERS OF STATE COMMISSION ON PROTECTION OF ECONOMIC COMPETITION AND
"ARAVOT" DAILY REACHED AN AGREEMENT
On January 9 the Media Ethics Observatory considered the complaint of two
members of the RA State Commission on the Protection of Economic Competition
regarding "We are Becoming Like European Countries" article, published in
"Aravot" daily on December 11, 2008. The article was dealing with one of the
sessions of the Commission on the Protection of Economic Competition. In the
opinion of the complaining party, the article contained factual mistakes,
and the professionalism of the Commission members was unreasonably
questioned. The Media Ethics Observatory acted as an intermediary in
resolving the dispute, offering "Aravot" to publish a response. The response
of the Commission members was published in "Aravot" on January 14, 2009.
Media Ethics Observatory was established on March 10, 2007 by the heads of
Armenian media who supported the self-regulation initiative of Yerevan Press
Club (see YPC Weekly Newsletter, March 9-15, 2007). The mission of the MEO
is to consider the complaints about violations of the Code of Conduct of
Media Representatives and make judgments on them. As of today, the Code of
Conduct and the supplement to it, the Declaration of Election and Referenda
Coverage Principles, have been signed by 35 media. The initiative is
supported also by 8 journalistic associations.
"HUMAN RIGHTS WATCH": ARMENIA EXPERIENCED ONE OF ITS MOST SERIOUS CRISES
SINCE INDEPENDENCE
On January 14 the international "Human Rights Watch" organization released
its report on human rights practices in over 90 countries of the world in
2008.
After February 2008 presidential elections Armenia experienced one of its
most serious civil and political rights crises since independence, the
report says in the section dealing with Armenia. Particularly, with the
introduction of the state of emergency several basic freedoms were
restricted, including the freedom of expression and access to information.
As to the situation with media freedom, the report stresses, that "the
police targeted journalists covering the February demonstrations". "Human
Rights Watch" lists cases of interfering with journalists' work by the law
enforcement bodies in the post election period in Yerevan and Gyumri:
incidents with freelance journalist Gagik Shamshian on February 29 and March
1, with the correspondent of the Armenian Service of Radio Free Europe/Radio
Liberty Ruzanna Stepanian on March 1 and others.
The report notes, that while the state of emergency was in action
publications in media on state and internal political issues was only
allowed using official information. RA National Security Service hindered
publication of at least seven opposition and independent newspapers and
blocked web-sites, even after March 13, when changes to the Decree on State
of Emergency was modified, the report says.
"Human Rights Watch" touches upon the two court decisions: the European
Court of Human Rights ruling of June 17, 2008 on the case filed by the
founder of "A1+" TV company, "Meltex" LLC, against the Republic of Armenia,
and the RA Cassation Court ruling of October 31 on the case of "GALA" TV
company of Gyumri. The refusals to grant a broadcast license to "A1+" were
recognized by European Court as a violation of Article 10 of the European
Convention on Human Rights, i.e., of the right of the applicant to freely
impart information and ideas. As to "GALA", the highest court instance of
Armenia abolished the ruling of court of general jurisdiction of Shirak
region on dispute between Gyumri municipality and founder of "GALA", "CHAP"
LLC, thus allowing the TV company continue usage of the city TV tower.
The report also speaks about the arson attempt on Gyumri Journalists' Club
"Asparez" on January 19 and torching the car of "Asparez" President on March
21; about beating of the "Haikakan Zhamanak" correspondent Lusine Barseghian
on August 11 and Acting Director of the Yerevan Bureau of the Armenian
Service of RFE/RL Hrach Melkumian on August 18; about the rejection of the
Commission on Early Release and Release on Parole to early release the
Editor-in-Chief of the "Zhamanak-Yerevan" newspaper Arman Babajanian.
"GALA" TV COMPANY HAS AN OMBUDSMAN
On January 13 "GALA" TV company of Gyumri announced that from now on its
activities will be monitored by an internal ombudsman. This function will be
performed by Vahan Tumasian, the head of the Center of Development of
Political Culture and Agreements "Shirak". The priorities of "GALA"
ombudsman include the establishment and maintenance of contacts between the
TV company and its audience.
"GALA" TV company has thus become the first Armenian media to introduce an
internal ombudsman institute - an independent mediator between media and
viewers/listeners/readers.
STATEMENT OF JOURNALISTS REPORTING ON "THE CASE OF SEVEN"
On January 9 correspondents of "Chorrord Ishkhanutiun", "Aravot", "Haikakan
Zhamanak", "Taregir", "Zhamanak" newspapers, "A1+" TV company released a
statement regarding the obstacles that they face in covering the trial on
"The Case of Seven" (the separate trial of the case of seven supporters of
the RA First President Levon Ter-Petrosian, charged with the organization of
mass disorders and attempts for violent seizure of power). At the hearing of
the case that started on December 19, 2008 in the court building of
Shengavit community of Yerevan, the statement of the journalists stresses,
the judge at chair, "with the consent of all parties ruled to make no
restrictions on the activities of media - reporting on the court session,
being present in the court room, making video, audio and photo records".
However, the statement goes on saying, at the subsequent three sessions the
court bailiffs either did not allow the reporters in the courtroom, offering
them to follow the process by monitors in a designated room, or let in
selectively, prohibiting the journalists from having recording equipment on
them.
Qualifying the occurrence as obstruction of journalistic activities,
violation of the RA Constitution and RA Law "On Mass Communication", the
signatories called on the relevant bodies to ensure the necessary conditions
for their work, not to restrict the right of journalists and society to
complete and comprehensive information on the trial.
The statement of the journalists was joined by the editorial staff of
"Hraparak" daily.
CHANGES IN THE NEWSPAPER MARKET
Since 2009 "Pakagits" daily, the Russian-language "Novoye Vremya" and "Golos
Armenii" newspapers (published three times a week) have become 50 AMD more
expensive and cost now 150 AMD (slightly less than $ 0.5). All three
newspapers explain the increase in prices by economic reasons. "Aravot"
daily will also cost its readers 150 AMD instead of the former 100, yet in
this case the increased price is due to the thicker newspaper: starting this
year the daily is published on 16 pages every day, while before this was the
volume of Saturday issues only.
The changes in the new year also include "Zhamanak-Yerevan" daily, published
in Armenia and its US version, too. Now both newspapers have the same name -
"Zhamanak".
Finally, starting in January 2009 "Azg" daily launched its new, technically
improved web-site (www.azg.am). The old online version of the newspaper is
still available at www.azgdaily.am . The print version of "Azg" now has a
bar code. As YPC was told by the editorial staff of the daily, this will
enable one of the disseminating agencies, "Press Attache" LLC, to sell the
newspaper at supermarkets.
ADMINISTRATION OF ARABKIR COMMUNITY COMMITTED TO PROVIDING INFORMATION
On December 30, 2008 the RA Administrative Court released its ruling on the
suit of Freedom of Information Center versus the administration of Arabkir
community of Yerevan committing the latter to providing the information
requested. As it has been reported, the inquiry sent by the NGO on July 30,
2008, asked for the number and the addresses of apartments, owned by Arabkir
community, as well as for the court statistics regarding the eviction of
residents from unprivatized apartments. In the letter of August 6 the
communal administration answered only the second part of the inquiry, and
the FOI Center addressed the court which heard the suit on December 19 (see
YPC Weekly Newsletter, December 19-25, 2008).
At the session of December 30 the Administrative Court secured all demands
of the plaintiff. Having recognized the actions of Arabkir community in
answering the inquiry unlawful, the court committed it to providing the FOI
Center with necessary information in full, as well as to compensating the
amount of about 4,000 AMD (around $ 13.5), paid by the organization as a
state duty for addressing the court.
AMENDMENTS MADE TO THE BROADCAST LAW REGARDING PROGRAMS FOR NATIONAL
MINORITIES AND BROADCAST LICENSING COMPETITIONS
On December 26, 2008, at an extraordinary session of the RA National
Assembly, in the second hearing and finally, amendments to the RA Law "On
Television and Radio" were adopted. Approved by the Armenian Government on
October 8 and adopted by the Parliament in the first hearing on October 16,
2008, the document called for amendments in two articles of the Broadcast
Law.
One of them, Article 28, limited the broadcasting of programs of the Public
TV and Radio Company in national minorities' languages - to 1 hour per week
for the public television and 1 hour per day for public radio. Now this
restriction is abolished.
The second amendment refers to Article 59 of the Broadcast Law, suspending
the conductance of broadcast licensing competitions till July 20, 2010. In
the new edition not only the TV companies, but also radio companies, whose
licenses expire before January 21, 2011, can apply for prolonging their
license by the National Commission on Television and Radio. The licenses
cannot be prolonged for longer than January 21, 2011.
As it has been reported, the ban on broadcast licensing competitions caused
serious concerns of both the journalistic communities and international
organizations (see YPC Weekly Newsletter, September 5-11, 2008, September 26
- October 2, 20087, October 3-9, 2008).
FOUNDER OF "A1+" DEMANDS THE COURT OF CASSATION TO RECONSIDER ITS RULINGS
On December 19, 2008 the founder of "A1+" TV company, "Meltex" LLC,
addressed the RA Court of Cassation with a demand to review the rulings of
this judicial body of February 27, 2004 and April 23, 2004 on suits of
"Meltex" versus National Commission on Television and Radio - taking into
account new circumstance. As it has been reported, in February 27, 2004 the
Court of Cassation left unchanged the ruling of the RA Commercial Court of
January 21, that did not secure the demand of "Meltex" to annul the decision
of the National Commission on Television and Radio to grant "Cinemax" LLC a
broadcast license for 63rd UHF of Yerevan (claimed also by "A1+" TV
company). On April 23, 2004 the Court of Cassation left in force the ruling
of the Commercial Court of March 23 that refused the suit of "Meltex" on
providing the company with specific justification of the refusals to grant
it a license in competitions held on June 11 and July 18, 2003 (see YPC
Weekly Newsletter, February 27 - March 4, 2004 and April 23-29, 2004).
As YPC was told by one of the "A1+" attorneys, Ara Ghazarian, the new
circumstance noted above was the judgment of the European Court of Human
Rights of June 17, 2008 on the suit of "A1+" founder and its President
Mesrop Movsisian versus Republic of Armenia. As it has been reported, the
refusals to grant "Meltex" a broadcast license were recognized to be a
violation of Article 10 of the European Convention on Human Rights, i.e., of
the right of the applicant to freely impart information and ideas. The ECHR
noted that the Armenian broadcasting legislation stipulates a number of
criteria to determine the winner of the broadcast licensing competition, but
at that time it did not explicitly require that the licensing body give
reasons for the decision made. In other words, National Commission simply
announced the competition winner, without giving any reasons why that
applicant was chosen over "Meltex" LLC. In the opinion of the ECHR, the
licensing procedure which did not require a licensing body to justify its
decisions did not provide adequate protection against arbitrary interference
by a public authority with the fundamental right to freedom of expression.
In its decision the European Court also recalls the guidelines adopted by
the Council of Europe's Committee of Ministers in the domain of broadcasting
regulation, which called for open and transparent application of the
regulations governing licensing procedures and specifically recommended that
"all decisions taken (...) by the regulatory authorities (...) be (...) duly
reasoned". The judgment also quotes the PACE Resolution on Armenia of
January 27, 2004, which concluded that "the vagueness of the law in force
had resulted in (National Commission on Television and Radio) being given
outright discretionary powers" (see YPC Weekly Newsletter, June 13-19,
2008).
According to Ara Ghazarian, no response of the Court of Cassation on
starting a new litigation or refusing the suit has been received within the
timeframes stipulated by the law.
LAST ISSUE OF "DEMO" NEWSPAPER
On December 29, 2008 the last issue of "Demo" newspaper was published. The
first public newspaper in Mountainous Karabagh, "Demo" newspaper was
published since March 31, 2004 with the financial support of "Conciliation
Resources" British organization and the creative support of the Stepanakert
Press Club under the project of Global Conflict Prevention Fund of the UK
Government.
In the farewell editorial, titled "We Shall Meet Again", the Chief Editor of
"Demo" Gegham Baghdasarian noted that "nobody closed the newspaper, nobody
induced us, we made a decision of our own". As Gegham Baghdasarian explains,
the existing financial and other difficulties could have been overcome, if
there was a great will to do so, "but this very will is currently lacking".
The main reason, in the opinion of the head of the newspaper, is that under
the circumstances of unformed political, public relations, the newspaper,
being "a free tribune and an isle of free thought", became polarized: the
balance of the coverage "deliberately shifted towards negative and critical
for the simple reason that the balance of the whole media field of the
country is skewed towards positive, exultantly laudatory", and "this common
lack of balance became a hard burden for us": "Under the circumstances
whatever we said was taken painfully, and even the most obvious truths and
good ideas could not be implemented for the simple reason of having
originated from us. A question rose: are we doing good or harm by this?"
P.S. Three months ago, in September Yerevan Press Club congratulated the
editorial staff of "Demo" with the hundredth issue, wishing the colleagues
further success and prosperity. We have no doubt that people who made this
newspaper have a lot of professional achievements and interesting projects
ahead.
"ETERNAL ROLL CALL" BY GRATSIA BAGHDASARIAN
"Eternal Roll Call" is the title of the book of selected works by well-known
journalist, art critic Gratsia Baghdasarian (1934-1998), published in late
2008. The book includes reminiscences, interviews, essays and theater
reviews by Gratsia Baghdasarian, as well as memories of her colleagues -
journalists, writers, art critics - about her.
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.
0002, Yerevan, Armenia
Tel.: (+ 374 10) 53 00 67; 53 35 41; 53 76 62
Fax: (+374 10) 53 56 61
E-mail: [email protected]
Web Site: www.ypc.am
JANUARY 8-15, 2009
HIGHLIGHTS:
"PRESS CLUB" CYCLE ON "YERKIR MEDIA" STARTING JANUARY 17
MEMBERS OF STATE COMMISSION ON PROTECTION OF ECONOMIC COMPETITION AND
"ARAVOT" DAILY REACHED AN AGREEMENT
"HUMAN RIGHTS WATCH": ARMENIA EXPERIENCED ONE OF ITS MOST SERIOUS CRISES
SINCE INDEPENDENCE
"GALA" TV COMPANY HAS AN OMBUDSMAN
STATEMENT OF JOURNALISTS REPORTING ON "THE CASE OF SEVEN"
CHANGES IN THE NEWSPAPER MARKET
ADMINISTRATION OF ARABKIR COMMUNITY COMMITTED TO PROVIDING INFORMATION
AMENDMENTS MADE TO THE BROADCAST LAW REGARDING PROGRAMS FOR NATIONAL
MINORITIES AND BROADCAST LICENSING COMPETITIONS
FOUNDER OF "A1+" DEMANDS THE COURT OF CASSATION TO RECONSIDER ITS RULINGS
LAST ISSUE OF "DEMO" NEWSPAPER
"ETERNAL ROLL CALL" BY GRATSIA BAGHDASARIAN
"PRESS CLUB" CYCLE ON "YERKIR MEDIA" STARTING JANUARY 17
Since January 17 on the air of "Yerkir Media" TV company "Press Club"
program cycle will resume. The program production is made under Yerevan
Press Club project, supported by Human Rights and Governance Program of Open
Society Institute. On Saturdays at 17.40 the "Press Club" participants -
representatives of state structures, political parties, NGOs and media -
will be discussing current affairs in Armenia. The "Press Club" programs are
also aired by a number of regional TV companies of Armenia.
MEMBERS OF STATE COMMISSION ON PROTECTION OF ECONOMIC COMPETITION AND
"ARAVOT" DAILY REACHED AN AGREEMENT
On January 9 the Media Ethics Observatory considered the complaint of two
members of the RA State Commission on the Protection of Economic Competition
regarding "We are Becoming Like European Countries" article, published in
"Aravot" daily on December 11, 2008. The article was dealing with one of the
sessions of the Commission on the Protection of Economic Competition. In the
opinion of the complaining party, the article contained factual mistakes,
and the professionalism of the Commission members was unreasonably
questioned. The Media Ethics Observatory acted as an intermediary in
resolving the dispute, offering "Aravot" to publish a response. The response
of the Commission members was published in "Aravot" on January 14, 2009.
Media Ethics Observatory was established on March 10, 2007 by the heads of
Armenian media who supported the self-regulation initiative of Yerevan Press
Club (see YPC Weekly Newsletter, March 9-15, 2007). The mission of the MEO
is to consider the complaints about violations of the Code of Conduct of
Media Representatives and make judgments on them. As of today, the Code of
Conduct and the supplement to it, the Declaration of Election and Referenda
Coverage Principles, have been signed by 35 media. The initiative is
supported also by 8 journalistic associations.
"HUMAN RIGHTS WATCH": ARMENIA EXPERIENCED ONE OF ITS MOST SERIOUS CRISES
SINCE INDEPENDENCE
On January 14 the international "Human Rights Watch" organization released
its report on human rights practices in over 90 countries of the world in
2008.
After February 2008 presidential elections Armenia experienced one of its
most serious civil and political rights crises since independence, the
report says in the section dealing with Armenia. Particularly, with the
introduction of the state of emergency several basic freedoms were
restricted, including the freedom of expression and access to information.
As to the situation with media freedom, the report stresses, that "the
police targeted journalists covering the February demonstrations". "Human
Rights Watch" lists cases of interfering with journalists' work by the law
enforcement bodies in the post election period in Yerevan and Gyumri:
incidents with freelance journalist Gagik Shamshian on February 29 and March
1, with the correspondent of the Armenian Service of Radio Free Europe/Radio
Liberty Ruzanna Stepanian on March 1 and others.
The report notes, that while the state of emergency was in action
publications in media on state and internal political issues was only
allowed using official information. RA National Security Service hindered
publication of at least seven opposition and independent newspapers and
blocked web-sites, even after March 13, when changes to the Decree on State
of Emergency was modified, the report says.
"Human Rights Watch" touches upon the two court decisions: the European
Court of Human Rights ruling of June 17, 2008 on the case filed by the
founder of "A1+" TV company, "Meltex" LLC, against the Republic of Armenia,
and the RA Cassation Court ruling of October 31 on the case of "GALA" TV
company of Gyumri. The refusals to grant a broadcast license to "A1+" were
recognized by European Court as a violation of Article 10 of the European
Convention on Human Rights, i.e., of the right of the applicant to freely
impart information and ideas. As to "GALA", the highest court instance of
Armenia abolished the ruling of court of general jurisdiction of Shirak
region on dispute between Gyumri municipality and founder of "GALA", "CHAP"
LLC, thus allowing the TV company continue usage of the city TV tower.
The report also speaks about the arson attempt on Gyumri Journalists' Club
"Asparez" on January 19 and torching the car of "Asparez" President on March
21; about beating of the "Haikakan Zhamanak" correspondent Lusine Barseghian
on August 11 and Acting Director of the Yerevan Bureau of the Armenian
Service of RFE/RL Hrach Melkumian on August 18; about the rejection of the
Commission on Early Release and Release on Parole to early release the
Editor-in-Chief of the "Zhamanak-Yerevan" newspaper Arman Babajanian.
"GALA" TV COMPANY HAS AN OMBUDSMAN
On January 13 "GALA" TV company of Gyumri announced that from now on its
activities will be monitored by an internal ombudsman. This function will be
performed by Vahan Tumasian, the head of the Center of Development of
Political Culture and Agreements "Shirak". The priorities of "GALA"
ombudsman include the establishment and maintenance of contacts between the
TV company and its audience.
"GALA" TV company has thus become the first Armenian media to introduce an
internal ombudsman institute - an independent mediator between media and
viewers/listeners/readers.
STATEMENT OF JOURNALISTS REPORTING ON "THE CASE OF SEVEN"
On January 9 correspondents of "Chorrord Ishkhanutiun", "Aravot", "Haikakan
Zhamanak", "Taregir", "Zhamanak" newspapers, "A1+" TV company released a
statement regarding the obstacles that they face in covering the trial on
"The Case of Seven" (the separate trial of the case of seven supporters of
the RA First President Levon Ter-Petrosian, charged with the organization of
mass disorders and attempts for violent seizure of power). At the hearing of
the case that started on December 19, 2008 in the court building of
Shengavit community of Yerevan, the statement of the journalists stresses,
the judge at chair, "with the consent of all parties ruled to make no
restrictions on the activities of media - reporting on the court session,
being present in the court room, making video, audio and photo records".
However, the statement goes on saying, at the subsequent three sessions the
court bailiffs either did not allow the reporters in the courtroom, offering
them to follow the process by monitors in a designated room, or let in
selectively, prohibiting the journalists from having recording equipment on
them.
Qualifying the occurrence as obstruction of journalistic activities,
violation of the RA Constitution and RA Law "On Mass Communication", the
signatories called on the relevant bodies to ensure the necessary conditions
for their work, not to restrict the right of journalists and society to
complete and comprehensive information on the trial.
The statement of the journalists was joined by the editorial staff of
"Hraparak" daily.
CHANGES IN THE NEWSPAPER MARKET
Since 2009 "Pakagits" daily, the Russian-language "Novoye Vremya" and "Golos
Armenii" newspapers (published three times a week) have become 50 AMD more
expensive and cost now 150 AMD (slightly less than $ 0.5). All three
newspapers explain the increase in prices by economic reasons. "Aravot"
daily will also cost its readers 150 AMD instead of the former 100, yet in
this case the increased price is due to the thicker newspaper: starting this
year the daily is published on 16 pages every day, while before this was the
volume of Saturday issues only.
The changes in the new year also include "Zhamanak-Yerevan" daily, published
in Armenia and its US version, too. Now both newspapers have the same name -
"Zhamanak".
Finally, starting in January 2009 "Azg" daily launched its new, technically
improved web-site (www.azg.am). The old online version of the newspaper is
still available at www.azgdaily.am . The print version of "Azg" now has a
bar code. As YPC was told by the editorial staff of the daily, this will
enable one of the disseminating agencies, "Press Attache" LLC, to sell the
newspaper at supermarkets.
ADMINISTRATION OF ARABKIR COMMUNITY COMMITTED TO PROVIDING INFORMATION
On December 30, 2008 the RA Administrative Court released its ruling on the
suit of Freedom of Information Center versus the administration of Arabkir
community of Yerevan committing the latter to providing the information
requested. As it has been reported, the inquiry sent by the NGO on July 30,
2008, asked for the number and the addresses of apartments, owned by Arabkir
community, as well as for the court statistics regarding the eviction of
residents from unprivatized apartments. In the letter of August 6 the
communal administration answered only the second part of the inquiry, and
the FOI Center addressed the court which heard the suit on December 19 (see
YPC Weekly Newsletter, December 19-25, 2008).
At the session of December 30 the Administrative Court secured all demands
of the plaintiff. Having recognized the actions of Arabkir community in
answering the inquiry unlawful, the court committed it to providing the FOI
Center with necessary information in full, as well as to compensating the
amount of about 4,000 AMD (around $ 13.5), paid by the organization as a
state duty for addressing the court.
AMENDMENTS MADE TO THE BROADCAST LAW REGARDING PROGRAMS FOR NATIONAL
MINORITIES AND BROADCAST LICENSING COMPETITIONS
On December 26, 2008, at an extraordinary session of the RA National
Assembly, in the second hearing and finally, amendments to the RA Law "On
Television and Radio" were adopted. Approved by the Armenian Government on
October 8 and adopted by the Parliament in the first hearing on October 16,
2008, the document called for amendments in two articles of the Broadcast
Law.
One of them, Article 28, limited the broadcasting of programs of the Public
TV and Radio Company in national minorities' languages - to 1 hour per week
for the public television and 1 hour per day for public radio. Now this
restriction is abolished.
The second amendment refers to Article 59 of the Broadcast Law, suspending
the conductance of broadcast licensing competitions till July 20, 2010. In
the new edition not only the TV companies, but also radio companies, whose
licenses expire before January 21, 2011, can apply for prolonging their
license by the National Commission on Television and Radio. The licenses
cannot be prolonged for longer than January 21, 2011.
As it has been reported, the ban on broadcast licensing competitions caused
serious concerns of both the journalistic communities and international
organizations (see YPC Weekly Newsletter, September 5-11, 2008, September 26
- October 2, 20087, October 3-9, 2008).
FOUNDER OF "A1+" DEMANDS THE COURT OF CASSATION TO RECONSIDER ITS RULINGS
On December 19, 2008 the founder of "A1+" TV company, "Meltex" LLC,
addressed the RA Court of Cassation with a demand to review the rulings of
this judicial body of February 27, 2004 and April 23, 2004 on suits of
"Meltex" versus National Commission on Television and Radio - taking into
account new circumstance. As it has been reported, in February 27, 2004 the
Court of Cassation left unchanged the ruling of the RA Commercial Court of
January 21, that did not secure the demand of "Meltex" to annul the decision
of the National Commission on Television and Radio to grant "Cinemax" LLC a
broadcast license for 63rd UHF of Yerevan (claimed also by "A1+" TV
company). On April 23, 2004 the Court of Cassation left in force the ruling
of the Commercial Court of March 23 that refused the suit of "Meltex" on
providing the company with specific justification of the refusals to grant
it a license in competitions held on June 11 and July 18, 2003 (see YPC
Weekly Newsletter, February 27 - March 4, 2004 and April 23-29, 2004).
As YPC was told by one of the "A1+" attorneys, Ara Ghazarian, the new
circumstance noted above was the judgment of the European Court of Human
Rights of June 17, 2008 on the suit of "A1+" founder and its President
Mesrop Movsisian versus Republic of Armenia. As it has been reported, the
refusals to grant "Meltex" a broadcast license were recognized to be a
violation of Article 10 of the European Convention on Human Rights, i.e., of
the right of the applicant to freely impart information and ideas. The ECHR
noted that the Armenian broadcasting legislation stipulates a number of
criteria to determine the winner of the broadcast licensing competition, but
at that time it did not explicitly require that the licensing body give
reasons for the decision made. In other words, National Commission simply
announced the competition winner, without giving any reasons why that
applicant was chosen over "Meltex" LLC. In the opinion of the ECHR, the
licensing procedure which did not require a licensing body to justify its
decisions did not provide adequate protection against arbitrary interference
by a public authority with the fundamental right to freedom of expression.
In its decision the European Court also recalls the guidelines adopted by
the Council of Europe's Committee of Ministers in the domain of broadcasting
regulation, which called for open and transparent application of the
regulations governing licensing procedures and specifically recommended that
"all decisions taken (...) by the regulatory authorities (...) be (...) duly
reasoned". The judgment also quotes the PACE Resolution on Armenia of
January 27, 2004, which concluded that "the vagueness of the law in force
had resulted in (National Commission on Television and Radio) being given
outright discretionary powers" (see YPC Weekly Newsletter, June 13-19,
2008).
According to Ara Ghazarian, no response of the Court of Cassation on
starting a new litigation or refusing the suit has been received within the
timeframes stipulated by the law.
LAST ISSUE OF "DEMO" NEWSPAPER
On December 29, 2008 the last issue of "Demo" newspaper was published. The
first public newspaper in Mountainous Karabagh, "Demo" newspaper was
published since March 31, 2004 with the financial support of "Conciliation
Resources" British organization and the creative support of the Stepanakert
Press Club under the project of Global Conflict Prevention Fund of the UK
Government.
In the farewell editorial, titled "We Shall Meet Again", the Chief Editor of
"Demo" Gegham Baghdasarian noted that "nobody closed the newspaper, nobody
induced us, we made a decision of our own". As Gegham Baghdasarian explains,
the existing financial and other difficulties could have been overcome, if
there was a great will to do so, "but this very will is currently lacking".
The main reason, in the opinion of the head of the newspaper, is that under
the circumstances of unformed political, public relations, the newspaper,
being "a free tribune and an isle of free thought", became polarized: the
balance of the coverage "deliberately shifted towards negative and critical
for the simple reason that the balance of the whole media field of the
country is skewed towards positive, exultantly laudatory", and "this common
lack of balance became a hard burden for us": "Under the circumstances
whatever we said was taken painfully, and even the most obvious truths and
good ideas could not be implemented for the simple reason of having
originated from us. A question rose: are we doing good or harm by this?"
P.S. Three months ago, in September Yerevan Press Club congratulated the
editorial staff of "Demo" with the hundredth issue, wishing the colleagues
further success and prosperity. We have no doubt that people who made this
newspaper have a lot of professional achievements and interesting projects
ahead.
"ETERNAL ROLL CALL" BY GRATSIA BAGHDASARIAN
"Eternal Roll Call" is the title of the book of selected works by well-known
journalist, art critic Gratsia Baghdasarian (1934-1998), published in late
2008. The book includes reminiscences, interviews, essays and theater
reviews by Gratsia Baghdasarian, as well as memories of her colleagues -
journalists, writers, art critics - about her.
When reprinting or using the information above, reference to the Yerevan
Press Club is required.
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Editor of YPC Newsletter - Elina POGHOSBEKIAN
_____________________________________ _______
Yerevan Press Club
9B, Ghazar Parpetsi str.
0002, Yerevan, Armenia
Tel.: (+ 374 10) 53 00 67; 53 35 41; 53 76 62
Fax: (+374 10) 53 56 61
E-mail: [email protected]
Web Site: www.ypc.am