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IFEX: Proposed Laws Would Curb Media Freedoms

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  • IFEX: Proposed Laws Would Curb Media Freedoms

    IFEX - News from the international freedom of expression community
    ________________________________________ _________________________

    ALERT - ARMENIA

    3 July 2007

    Proposed laws would curb media freedoms and effectively ban regional radio
    station, says Human Rights Watch

    SOURCE: Human Rights Watch

    **For further information on the A1+ case, see IFEX alert of 25 June 2002;
    for the Babajanian case, see alerts of 12 September and 7 July 2006; please
    note that in previous alerts the journalist's name was spelled
    Babadzhanian**

    (HRW/IFEX) - The following is a 29 June 2007 Human Rights Watch press
    release:

    Armenia: Parliament Must Not Silence RFE/RL
    Strike Down Proposed Laws Curbing Media Freedoms

    (New York, June 29, 2007) - The Armenian parliament should not adopt two
    draft laws that would effectively ban future broadcasts of Radio Free
    Europe/Radio Liberty (RFE/RL), a key source of independent information in
    that country, Human Rights Watch said today.

    The first, an amendment to the law "On Television and Radio", prohibits
    retransmission of foreign broadcasts on Armenian public television and
    radio frequencies. The second, an amendment to the law "On State Taxes",
    establishes heavy fees for private companies that air foreign broadcasts.

    Both draft laws passed a first reading on Friday in the National Assembly
    of Armenia, but must undergo a second reading, expected on Monday or
    Tuesday, before they become law.

    "These new laws clearly restrict access to a crucial independent news
    source for many Armenians and deal a serious blow to RFE/RL and to freedom
    of the media in general," said Holly Cartner, Europe and Central Asia
    director at Human Rights Watch. "The parliament should under no
    circumstances pass this bill in the second reading."

    The parliament's actions appear to specifically target RFE/RL's Armenian
    service, the only foreign broadcaster that relies on Armenian National
    Radio, the country's public radio station, to reach the majority of its
    audience.

    RFE/RL is one of the only independent broadcast media outlets remaining in
    Armenia. Although there is a vibrant print media, the government maintains
    close control over the much more accessible broadcast media, and recently
    closed the last independent television station, A1+, in 2002.

    RFE/RL is also occasionally broadcast via some private radio stations in
    the country's capital, Yerevan, and surrounding regions, but under the
    proposed laws, private Armenian broadcasters would pay more than US$200 in
    taxes each time they retransmit a program produced by a foreign media
    organization. This fee is 70 times more than broadcasters must pay for a
    locally made program.

    The Organization for Security and Cooperation in Europe's (OSCE)
    representative on freedom of the media, Miklos Haraszti, criticized the
    bills, saying that they infringed Armenia's commitments to safeguard media
    pluralism and access to information, and called on the Armenian authorities
    to drop them. Opposition politicians in Armenia lamented the parliament's
    decision to pass the bills and charged the government with trying to
    control the media.

    The two bills are incompatible with Armenia's obligations under the
    European Convention on Human Rights (ECHR). Article 10 of the ECHR
    guarantees the right "to receive and impart information and ideas without
    interference by public authority and regardless of frontiers." This right
    can only be restricted for limited and specific reasons such as national
    security or public safety. The restrictions placed on the rights of
    expression and imparting of information by the bills do not meet these
    requirements. The importance of the rights protected by Article 10 has been
    repeatedly emphasized by the European Court of Human Rights. The court
    maintains that freedom of expression is one of the essential foundations of
    a democratic society and that the media plays a pre-eminent role in a state
    governed by the rule of law. The court insists that any efforts by a
    government to restrict freedom of expression be strictly scrutinized and
    the reason convincingly established.

    "By passing these laws, Armenia risks violating its international
    commitments to freedom of expression and the media," said Cartner. "As
    Armenia prepares for presidential elections in 2008, the world will
    certainly be watching to see if the government respects freedom of the
    media and other freedoms necessary for a free and fair vote."

    The move is not the first effort by the Armenian government to limit
    independent media. The independent television station A1+ lost its
    broadcasting license in 2002, after regularly airing criticism of the
    government, and lost 12 subsequent tenders for television and radio
    frequencies. In June 2006, A1+, which produced a weekly newspaper and
    maintains a website, was forced to vacate its offices, after losing a court
    case in 2005 challenging a notice of eviction.

    Human rights groups have reported violence against journalists in
    retaliation for their work, and in September a court sentenced Arman
    Babajanian, editor of the opposition newspaper Zhamanak Yerevan, to four
    years in prison for failing to serve the compulsory two years of military
    service. Although Babajanian admitted to forging documents in 2002 in order
    to evade military service, the harsh sentence is suspected to be
    retribution for the journalist's persistent criticism of government
    policies (draft evaders are usually sentenced to between two and three
    years in prison).

    For further information, contact Jane Buchanan, (English, Russian), New
    York, tel: +1 212 216 1857, mobile: +1 917 553 4315; or Human Rights Watch,
    350 Fifth Ave., 34th Floor, New York NY 10018-3299, U.S.A., tel: +1 212 290
    4700, fax: +1 212 736 1300, e-mail: [email protected], Internet:
    http://www.hrw.org/

    The information contained in this alert is the sole responsibility of Human
    Rights Watch. In citing this material for broadcast or publication, please
    credit Human Rights Watch.
    ___________________________________________ ______________________
    DISTRIBUTED BY THE INTERNATIONAL FREEDOM OF EXPRESSION EXCHANGE (IFEX)
    CLEARING HOUSE
    555 Richmond St. West, # 1101, PO Box 407
    Toronto, Ontario, Canada M5V 3B1
    tel: +1 416 515 9622 fax: +1 416 515 7879
    alerts e-mail: [email protected] general e-mail: [email protected]
    Internet site: http://www.ifex.org/
    _____________________________ ____________________________________
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