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  • IFEX: amendments to broadcasting law will prevent TV returning to ai

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

    UPDATE - ARMENIA

    8 October 2008

    Amendments to broadcasting law will prevent TV station from returning to
    air

    SOURCE: ARTICLE 19, London

    (ARTICLE 19/IFEX) - The following is a 6 October 2008 ARTICLE 19 press
    release:

    Armenia: Legislative Change in Spite of the ECtHR Decision

    ARTICLE 19 is seriously concerned about the recent amendments to the
    Armenian Law on Television and Radio introducing a moratorium on the
    granting of broadcasting licences until mid-2010 due to the planned digital
    switchover which, despite the recent judgment of the European Court of
    Human Rights (ECtHR), will further prevent the TV station A1+ from
    returning to air.

    These legislative amendments were adopted on 10 September 2008 in an
    extraordinary session of the Armenian Parliament without any prior
    consultations with relevant stakeholders. The amendments are largely
    believed to be directed against A1+, contrary to the ECtHR decision. A1+ is
    an oppositional TV company, which lost its broadcasting licence in a
    controversial tender in 2002 and has been unable to regain it in the twelve
    consequent tenders ever since.

    Following lengthy and unsuccessful domestic litigation, the case of A1+
    subsequently came before the ECtHR, which in June 2008 held that the
    company's right to freedom of expression had been violated as a result of
    domestic legislation that lacked any explicit requirement for the national
    regulatory authority to provide reasons for its decisions on refusal of
    broadcasting licences.

    While fully appreciating the endeavours of the Armenian government to keep
    abreast with countries in the vanguard of technological progress, ARTICLE
    19 asserts that legislative amendments that prevent rather than contribute
    to restoring the rights of A1+ against the findings of the ECtHR do little
    to improve the protection of freedom of expression in Armenia. ARTICLE 19
    calls on the authorities in Armenia to lift the moratorium on the licensing
    procedure and to ensure that A1+ participates in an open, transparent and
    fair tender prior to the planned digital switchover.

    ARTICLE 19 notes that Armenia has ratified the International Covenant on
    Civil and Political Rights and the European Convention on Human Rights and
    Fundamental Freedom (ECHR), which in Article 19 and Article 10 respectively
    guarantee the fundamental human right to freedom of expression. Accession
    to the ECHR implies, inter alia, unequivocal compliance with the judgments
    of the ECtHR. ARTICLE 19, therefore, urges the Armenian authorities to
    remain mindful of their international commitments on freedom of expression
    by taking measures that uphold rather than depart from them.

    ARTICLE 19 further urges the Armenian authorities to undertake more
    profound reform of its legislation to bring about greater independence,
    pluralism and diversity of its audiovisual services.

    In particular, ARTICLE 19 calls on the Armenian government to explore the
    mechanisms and approaches to amend the Constitution to ensure greater
    independence of the country's regulatory authority, since the current
    practice whereby appointments to the regulatory body are made solely by the
    President and the Parliament falls foul of international standards on the
    independence of the regulatory authorities.

    Updates the A1+ television station licence denial case:
    http://www.ifex.org/en/content/view/full/947 40

    For further information, contact ARTICLE 19, 6-8 Amwell Street, London,
    EC1R 1UQ, U.K., tel: +44 20 7278 9292, fax: +44 20 7278 7660, e-mail:
    [email protected], Internet: http://www.article19.org

    The information contained in this update is the sole responsibility of
    ARTICLE 19. In citing this material for broadcast or publication, please
    credit ARTICLE 19.
    ______________________________________________ _________________
    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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