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Yerevan Press Club Weekly Newsletter - 05/20/2010

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  • Yerevan Press Club Weekly Newsletter - 05/20/2010

    YEREVAN PRESS CLUB WEEKLY NEWSLETTER

    MAY 14-20, 2010

    HIGHLIGHTS:

    AMENDMENTS TO BROADCAST LAW DO NOT SOLVE KEY ISSUES OF TV MARKET

    DRAFT LAW PACKAGE, PRESCRIBING DECRIMINALIZATION FOR LIBEL AND INSULT,
    PASSED

    "A+1" TV COMPANY STARTS ONLINE BROADCASTING


    AMENDMENTS TO BROADCAST LAW DO NOT SOLVE KEY ISSUES OF TV MARKET

    On May 14 at AUA Business Center a conference "Media Legislation and
    Self-Regulation Initiatives" was held. The conference was organized by
    Partnership for Open Society initiative. At the event the issues of media
    self-regulation were discussed. Specifically, the Charter of Ethical
    Principles of TV and Radio Broadcasters of the Republic of Armenia, proposed
    by the Public Council at the RA President (see YPC Weekly Newsletter, April
    16-22, 2010), as well as the draft law "On Introducing Amendments and
    Supplements to RA Law 'On Television and Radio'", endorsed by RA Government
    on May 13 (see YPC Weekly Newsletter, May 7-13, 2010), were considered. The
    assessments of professional associations, made at the conference, were
    summarized in the statement of Yerevan Press Club, Internews Media Support
    NGO and Committee to Protect Freedom of Expression, released on May 17.

    In the statement three journalistic organizations, particularly, expressed a
    concern as to the haste with which the draft was developed by RA Ministry of
    Economy. The document does not show distinctly which provisions of the
    acting Law "On Television and Radio" are amended, removed or expanded - with
    regard to switching from analog to digital broadcasting. This impedes the
    conductance of effective discussion by the public, and further by RA
    National Assembly deputies.

    By noting that in September, 2008 a two year moratorium on holding broadcast
    licensing competitions was introduced on the plea of digitalization, the
    signatories emphasized that the study of draft law only reaffirms that this
    delay was unjustified. The moratorium damaged greatly the diversity and
    freedom of competition at the Armenian TV market. This draft law, which does
    not show any crucial and new approaches, could have been adopted two years
    ago. Meanwhile, the suspension of broadcast licensing competitions became an
    obstacle for the implementation of the judgment of the European Court of
    Human Rights of June 17, 2008 on the case of "A1+" TV company, as well as a
    number of PACE resolutions, the statement stresses.

    The statement mentions that draft law does offer several new notions, it
    still does not provide mechanisms for regulating the relations between the
    entities involved in digital broadcasting and the process of digitalization.
    Besides, both the draft law and the Concept Paper on Digitalization of
    Television Broadcasting, adopted in November 12, 2009, do not include the
    principles for the envisaged social package, the types of licenses to be
    provided to TV companies as determined by these principles and grounds for
    their provision. The draft law does not dwell on the structure of
    investments required from the broadcasters, as well as on a number of other
    important issues.

    The concern of journalistic organizations is raised by the specific number
    of TV broadcasters (18), prescribed by the draft law. Meanwhile, an
    objective and transparent audit of the TV frequencies has not been
    administered in Armenia, which was recommended by international experts. The
    limited number of licenses means in essence that some of the TV companies
    operating now would lose their licenses, and increased barriers to entry for
    new TV companies, even those that are ready for digitalization. The
    signatories also emphasized that the assignment of necessary profiles for TV
    companies to be licensed, as it is done in the draft, is impossible without
    a serious study of public demand.

    The statement of YPC, Internews and Committee to Protect Freedom of
    Expression also criticizes the inclusion of provisions in the draft that are
    not in any way related to digitalization. At the same time, the draft does
    not solve crucial issues, such as: satellite broadcasting, the fate of
    acting regional TV companies, including the public "Shirak" channel, and
    their participation in licensing competitions, no distinction is made with
    regard to terms and procedures of broadcast licensing competitions.

    It should be noted that on May 18 the OSCE Office in Yerevan presented the
    expert analysis of the aforesaid Concept Paper on Digitalization of
    Television Broadcasting. The analysis was made by Andrei Richter, Professor
    at Moscow State University, and Dr. Katrin Nyman-Metcalf, Professor at
    Tallinn University of Technology, on behalf of Office of OSCE Representative
    on Freedom of Media. The Concept Paper was assessed in frames of the
    commitments of Armenia towards OSCE, international standards and
    digitalization practices. The experts stated a number of observations and
    recommendations, which were not reflected in the draft law on the amendments
    to Broadcast Law.

    At the presentation of May 18 Dunja Mijatovic, the newly appointed OSCE
    Representative on Freedom of Media, who was in Armenia for the first time,
    spoke rather critical about the amendments to the RA Law "On Television and
    Radio". During the visits of OSCE Representative on Freedom of Media (which
    took place on the same day) with RA President Serzh Sargsian, heads of RA
    Foreign Affairs Ministry, RA Ministry of Economy and Chairman of National
    Commission on Television and Radio, Grigor Amalian, the issues dealing with
    digitalization were discussed. Dunja Mijatovic expressed willingness to
    provide an expert assistance in the process of amending the broadcast
    legislation.

    On May 20 at the session of RA National Assembly the draft "On Introducing
    Amendments and Supplements to RA Law 'On Television and Radio'" was passed
    in first hearing. Since the draft has many shortcomings, the deputies
    decided to postpone the second hearing, and to hold parliamentary
    discussions on the issue on May 26.

    DRAFT LAW PACKAGE, PRESCRIBING DECRIMINALIZATION FOR LIBEL AND INSULT,
    PASSED

    On May 18 RA National Assembly adopted in second hearing and finally the
    draft law package "On Introducing Amendments and Supplements to RA Civil
    Code", "On Introducing Amendments to RA Criminal Code", "On Introducing an
    Amendment to RA Criminal Procedure Code". As it has been reported, draft
    laws, decriminalizing libel and insult, as well as introducing the institute
    of moral loss compensation, were adopted in first hearing on March 18, 2010.
    On April 9 parliamentary hearings, on which the representatives of
    journalistic community voiced a number of key observations, were held. For
    implementing the recommendations a working group, staffed by representatives
    of journalistic associations, including YPC, was formed under the NA
    Standing Committee on State and Legal Affairs (see YPC Weekly Newsletter,
    April 9-15, 2010).

    Eventhough within the first and second hearings some changes, proposed by
    the working group, were introduced to the draft regarding RA Civil Code, it
    still has a number of important shortcomings. In particular, the size of
    moral compensation is considered unjustified. The draft prescribes that
    while defining the size of the compensation the courts have to take into
    account the form of libel and insult, their extension, as well as the
    material status of the person, disseminating libel and insult. Nevertheless,
    in the absence of judicial precedents, such a vague formulation is fraught
    with arbitrary court decisions regarding the compensation size. Besides, as
    before the definitions of "libel" and "false denunciation" in Civil and
    Criminal Codes are not clearly distinguished. This can become ground for
    confusion in future, as it has been many times in the judicial and
    investigative practice of Armenia. In its turn, this fact does not permit to
    talk about the full decriminalization of libel.

    "A+1" TV COMPANY STARTS ONLINE BROADCASTING

    Since May 15 "A1+" TV company started online broadcasting (www.a1plus.am).
    So far he broadcast is in test mode.


    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
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