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Institute for War and Peace Reporting IWPR, UK
Issue 547
June 22 2010
CONTROVERSIAL LAW COULD CURB ARMENIAN MEDIA
Legislation will allow authorities to select favoured broadcasters for
digital licenses, experts warn.
By Karine Asatryan
Serzh Sargsyan has signed off on media legislation that critics at
home and abroad say will restrict freedom of speech in Armenia.
The law was passed by parliament on June 10, and Sargsyan signed it a
week later.
The reason a new law was needed was that Armenia will switch from
analogue to digital broadcasting in 2013. But there are fears that it
could reduce the number of stations licensed to broadcast, and skew
the balance in favour of pro-government outlets.
Media watchdogs and pressure groups say the law was drafted in haste
and without adequate consultation.
`We urge you to refrain from signing the law and instead return it to
the National Assembly and urge them to continue their deliberations
with the aim of bringing any and all amendments into compliance with
Armenia's international obligations on freedom of expression,' Holly
Cartner, executive director of Human Rights Watch's Europe and Asia
division, wrote to the president in an unsuccessful appeal.
Cartner's comments reflected concern from inside and outside Armenia.
The Organisation for Security and Cooperation in Europe, OSCE, also
joined the chorus, saying that the limits on the number of channels,
the nature of the regulatory system, and the right of courts to cancel
broadcasting licenses would all threaten freedom of speech.
"Armenia should not lose the opportunity to adopt forward-looking
media legislation. New technologies, including digital broadcasting,
should be used by governments to strengthen media pluralism," said
Dunja Mijatovic, OSCE representative on freedom of the media.
The government did organise discussions with journalists and media
rights activists between the first and second readings, but those who
attended say their recommendations were ignored.
`We said 100 times that they should adopt only the section relating to
the shift to digital transmissions,' said Mesrop Harutyunyan of
Armenia's Committee to Protect Freedom of Expression.
The number of channels available to broadcasters will be cut from 22
to 18 when analogue transmissions halt in July 2013.
Broadcasting companies will have to bid for ten-year digital licenses
on July 20 this year and again in January 2011.
Experts, including those from Human Rights Watch, worry that the
competition rules will discriminate against new entries into the media
market, as they favour companies with at last three years in
broadcasting behind them. They also believe the tender process is
opaque, and note that the National Television and Radio Commission
will not be required to explain why it turns out a particular bid.
Most officials are currently on holiday, and no one in the economy
ministry, which is overseeing the process, was available to comment on
specific objections.
However, Artak Davtyan, who chairs the parliamentary commission on
education, science and culture, said it was better to have a bad law
than no law at all, and that international organisations had
over-reacted to the changes.
`They say some of the points and elements in it are not in line with
our international obligations. But any section of the law that isn't
in line with them will not be applied. We understand what they are
saying, but this problem only exists at surface level,' he said. `We
need to wait for the law to start operating. That will highlight its
strong and weak points. There is no dogma here¦ and it's possible that
there will be some minor changes in autumn.'
Rights groups were unconvinced by such assurances, and nor was A1+, an
Armenian company which was stripped of its broadcast license in 2002
and has not returned to the airwaves despite a ruling by the European
Court of Human Rights saying the government had deprived it of freedom
of speech.
A1+ said the new law would do nothing to enhance free speech.
`The changes to the law on television and radio are a new song in an
old story, and in actual fact they change nothing,' said Mesrop
Movsesyan, chairman of A1+.
Noting that A1+ had taken part in 11 tenders since 2002 without being
granted a license, Movsesyan said `it's been eight years and nothing
has happened'.
He predicted, `They're going to repeat the way they tried to deal with
A1+. They will say they're holding a tender, that it's transparent and
that the same conditions apply to all, but this will all be just for
form's sake. The Armenian authorities have set themselves the goal of
not letting us back on air. In future, other obstacles will be placed
in our way, but we are ready to overcome them.'
Boris Navasardyan, chairman of the Yerevan Press Club, said parliament
should have spent more time improving the bill, since Armenia will
have to live with the outcome of the new tendering process for the
next decade.
Harutyunyan said he suspected the current government wanted to ensure
it was in control of TV broadcasters as a route to winning the 2012
parliamentary election.
`The 18 [winning] companies will be very pliable and tame, and they'll
do whatever the government wants during the election campaign,' he
said.
Karine Asatryan is editor of www.a1plus.am.
From: A. Papazian
Issue 547
June 22 2010
CONTROVERSIAL LAW COULD CURB ARMENIAN MEDIA
Legislation will allow authorities to select favoured broadcasters for
digital licenses, experts warn.
By Karine Asatryan
Serzh Sargsyan has signed off on media legislation that critics at
home and abroad say will restrict freedom of speech in Armenia.
The law was passed by parliament on June 10, and Sargsyan signed it a
week later.
The reason a new law was needed was that Armenia will switch from
analogue to digital broadcasting in 2013. But there are fears that it
could reduce the number of stations licensed to broadcast, and skew
the balance in favour of pro-government outlets.
Media watchdogs and pressure groups say the law was drafted in haste
and without adequate consultation.
`We urge you to refrain from signing the law and instead return it to
the National Assembly and urge them to continue their deliberations
with the aim of bringing any and all amendments into compliance with
Armenia's international obligations on freedom of expression,' Holly
Cartner, executive director of Human Rights Watch's Europe and Asia
division, wrote to the president in an unsuccessful appeal.
Cartner's comments reflected concern from inside and outside Armenia.
The Organisation for Security and Cooperation in Europe, OSCE, also
joined the chorus, saying that the limits on the number of channels,
the nature of the regulatory system, and the right of courts to cancel
broadcasting licenses would all threaten freedom of speech.
"Armenia should not lose the opportunity to adopt forward-looking
media legislation. New technologies, including digital broadcasting,
should be used by governments to strengthen media pluralism," said
Dunja Mijatovic, OSCE representative on freedom of the media.
The government did organise discussions with journalists and media
rights activists between the first and second readings, but those who
attended say their recommendations were ignored.
`We said 100 times that they should adopt only the section relating to
the shift to digital transmissions,' said Mesrop Harutyunyan of
Armenia's Committee to Protect Freedom of Expression.
The number of channels available to broadcasters will be cut from 22
to 18 when analogue transmissions halt in July 2013.
Broadcasting companies will have to bid for ten-year digital licenses
on July 20 this year and again in January 2011.
Experts, including those from Human Rights Watch, worry that the
competition rules will discriminate against new entries into the media
market, as they favour companies with at last three years in
broadcasting behind them. They also believe the tender process is
opaque, and note that the National Television and Radio Commission
will not be required to explain why it turns out a particular bid.
Most officials are currently on holiday, and no one in the economy
ministry, which is overseeing the process, was available to comment on
specific objections.
However, Artak Davtyan, who chairs the parliamentary commission on
education, science and culture, said it was better to have a bad law
than no law at all, and that international organisations had
over-reacted to the changes.
`They say some of the points and elements in it are not in line with
our international obligations. But any section of the law that isn't
in line with them will not be applied. We understand what they are
saying, but this problem only exists at surface level,' he said. `We
need to wait for the law to start operating. That will highlight its
strong and weak points. There is no dogma here¦ and it's possible that
there will be some minor changes in autumn.'
Rights groups were unconvinced by such assurances, and nor was A1+, an
Armenian company which was stripped of its broadcast license in 2002
and has not returned to the airwaves despite a ruling by the European
Court of Human Rights saying the government had deprived it of freedom
of speech.
A1+ said the new law would do nothing to enhance free speech.
`The changes to the law on television and radio are a new song in an
old story, and in actual fact they change nothing,' said Mesrop
Movsesyan, chairman of A1+.
Noting that A1+ had taken part in 11 tenders since 2002 without being
granted a license, Movsesyan said `it's been eight years and nothing
has happened'.
He predicted, `They're going to repeat the way they tried to deal with
A1+. They will say they're holding a tender, that it's transparent and
that the same conditions apply to all, but this will all be just for
form's sake. The Armenian authorities have set themselves the goal of
not letting us back on air. In future, other obstacles will be placed
in our way, but we are ready to overcome them.'
Boris Navasardyan, chairman of the Yerevan Press Club, said parliament
should have spent more time improving the bill, since Armenia will
have to live with the outcome of the new tendering process for the
next decade.
Harutyunyan said he suspected the current government wanted to ensure
it was in control of TV broadcasters as a route to winning the 2012
parliamentary election.
`The 18 [winning] companies will be very pliable and tame, and they'll
do whatever the government wants during the election campaign,' he
said.
Karine Asatryan is editor of www.a1plus.am.
From: A. Papazian