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Yerevan Press Club Weekly Newsletter - 06/16/2011

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  • Yerevan Press Club Weekly Newsletter - 06/16/2011

    YEREVAN PRESS CLUB WEEKLY NEWSLETTER

    JUNE 10-16, 2011

    HIGHLIGHTS:

    "E-CLUB" CYCLE: INTERNET AND MISINFORMATION

    "YERKRAGUND" ON THE PARLIAMENTARY ELECTIONS RESULTS IN TURKEY

    STATEMENT OF NGO-MEMBERS OF WORKING GROUP ON REFORMING THE BROADCAST
    LEGISLATION

    A YEAR LATER... AFTER ALL GOVERNOR OF SHIRAK DID NOT PROVIDE INFORMATION

    "IRAVUNK" SUES REPORT.AM

    "A1+" VERSUS NCTR: FOUNDER OF "ARMNEWS" DID NOT APPEAR BEFORE THE COURT


    "E-CLUB" CYCLE: INTERNET AND MISINFORMATION

    On June 14 another program from "E-Club" weekly cycle went on the online
    broadcast of "A1+" TV company (www.a1plus.am). The "E-Club" is produced by
    Yerevan Press Club in cooperation with "A1+" TV company under "Alternative
    Resources in Media" project, supported by USAID.

    The information and education blocs, particularly, told about the capacities
    of softwares for Armenian language, presented the site of enquiry service
    "Spyur", www.spyur.am, and talked about online castings. The guests of the
    discussion part of "E-Club" - Gegham Vardanian, producer of Internews Media
    Support public organization website www.media.am, and Manu Iritsian,
    correspondent of "Interactive" TV project - considered the issues of
    misinformation on the Internet and its influence on media content.

    The next "E-Club" will be aired on "A1+" on June 21.

    "YERKRAGUND" ON THE PARLIAMENTARY ELECTIONS RESULTS IN TURKEY

    On June 14 the eight show of "Yerkragund" ("Globe") cycle went on the
    evening air of "Yerkir Media" TV company. The current show was produced by
    Yerevan Press Club under a joint YPC and Internews Network project,
    "Dialogue Building Between Armenia and Turkey", supported by the Bureau of
    Democracy, Human Rights, and Labor of US Department of State.

    The guests of the program host, YPC President Boris Navasardian, were Anush
    Hovhannisian, Senior Staff Scientist at the Turkish Department of the
    Institute of Oriental Studies of RA National Academy of Sciences, Stepan
    Grigorian, Head of Analytical Center for Globalization and Regional
    Cooperation, Aghavni Harutiunian, correspondent of "Azg" daily, and
    turcologist Artak Shakarian. The guests discussed the results o f the June
    12, 2011 parliamentary elections in Turkey.

    The next "Yerkragund" show will be aired on "Yerkir Media" on Tuesday, June
    21 at 19.15 (rerun - on Thursday, June 23 at 14.15).

    STATEMENT OF NGO-MEMBERS OF WORKING GROUP ON REFORMING THE BROADCAST
    LEGISLATION

    On June 15 the NGO-members of the working group on reforming the broadcast
    legislation, regulating the process of switching from analogue to digital
    broadcast in Armenia released a statement. As it has been reported, the
    working group, headed by the RA Human Rights Defender, was created in
    September 2010 upon the initiative of RA President Serzh Sargsian (see
    details in YPC Weekly Newsletter, October 8-14, 2010).

    The statement signatories are the heads of three NGOs: Nouneh Sarkissian,
    Managing Director of Internews Media Support public organization, President
    of Yerevan Press Club Boris Navasardian and Arzuman Harutiunian, President
    of Audio-Visual Reporters Association.

    "In 2010 the RA Human Rights Defender formed a working group (WG) on
    reforming the broadcast legislation, regulating the process of switching
    from analogue to digital broadcast in Armenia. The group aimed at amending
    the RA Law "On Television and Radio", proceeding from the numerous critical
    appraisals. In February 2011, the preliminary draft version developed by us
    - several NGOs - was adopted by the working group to serve as a basis for
    further improvements.

    On May 31, 2011 the draft law was submitted to the RA National Assembly
    supplemented by the comments and suggestions from the WG members, also by
    the conclusions delivered by international experts regarding the preliminary
    draft version. Simultaneously, this indicated the end of the WG activities,
    which was formed to address the most urgent problems in the field.

    We, WG members-representatives of journalistic NGOs, express our concern
    with the current version of the draft, considering it imperfect, and the
    shutdown of the WG activities - premature. The draft contains a number of
    important clauses that were not properly addressed and still require a
    thorough discussion and analysis. Suggestions and recommendations provided
    by the experts, including the feedback from the Council of Europe and OSCE,
    were not considered in full and completely.

    Such a situation questions the initial key objective of our activities,
    which is to contribute to the adoption of a perfectly worked out law by the
    RA National Assembly.

    As the co-authors of the preliminary draft version, we state that we
    continue our activities over the improvement of the draft and in future we
    are intended to submit it to the RA National Assembly in a separate package.
    Given this fact, we would like to request the NA Standing Committee on
    Science, Education, Culture, Youth and Sport to postpone any possible
    discussion on the draft," the statement of the three journalistic
    associations stresses.

    A YEAR LATER... AFTER ALL GOVERNOR OF SHIRAK DID NOT PROVIDE INFORMATION

    On June 16, a year has passed since the Governor of Shirak region Ashot
    Gizirian does not implement the terms of the amicable agreement, concluded
    between him and "Asparez" Journalists Club of Gyumri on June 16, 2010.
    "Asparez" informed about this in its press release disseminated on the
    occasion of the "jubilee". As it has been reported, on January 18 and 29,
    2010 the Board Chairman of "Asparez" Levon Barseghian addressed Lida Nanian
    - the Governor of Shirak region at that time - requesting to provide
    information on budgetary funds, allocated in 2005-2009 as financial
    assistance to impecunious citizens of Shirak, the copies of the Governor's
    relevant decisions, and on the 2005-2009 expenditure of budgetary funds
    under article "Representation Expenses". As the requested information was
    granted partially, Levon Barseghian filed the RA Administrative Court of
    Gyumri, demanding to hold the inaction of the Governor, oblige Lida Nanian
    to fully reply to both inquiries, as well as exact the state duty for
    filling the suit. The hearings on the suit started on April 27, 2010 and
    ended on June 16 with an amicable agreement. The new Governor of Shirak
    region Ashot Gizirian engaged to fully provide with the requested
    information until July 1, while the Board Chairman of "Asparez" committed to
    withdrawing the suit. However, "Asparez" received the part of the documents,
    even then unduly, on January 14, 2011, only after addressing the Shirak
    Regional Department of the RA Service of Compulsory Execution of Judicial
    Acts. On March 30 Levon Barseghian once again referred to the Service of
    Compulsory Execution for assistance in the full implementation of the
    amicable agreement (see YPC Weekly Newsletter, April 8-14, 2011).

    In May 2011 Shirak Regional Department of the RA Service of Compulsory
    Execution addressed the Administrative Court requesting to give explanations
    on the June 16, 2010 decision, which is subject to implementation. The Court
    revoked the application. As a result, the compulsory executors are not able
    to carry out their obligations for several months, while the law provides
    for a two-month term, the press release of "Asparez" notes. Meanwhile, the
    public waits already a year for the information on how the 70 million AMD
    were allocated to impecunious people at the expense of taxpayers.

    "IRAVUNK" SUES REPORT.AM

    On June 15 court of general jurisdiction of Kentron and Nork-Marash
    administrative districts of Yerevan started hearing the suit of Hayk
    Babukhanian, Chairman of the Editorial Council of "Iravunk" newspaper,
    versus "Khmbagir" LLC, founder of Report.am news portal, and Edik
    Andreasian, Report.am observer. The plaintiff demands to refute the
    information discrediting his honor, dignity and business reputation, as
    contained in the piece by Edik Andreasian "When Forcing the Unpromptable"
    (stored on Report.am on March 25, 2011) and in the readers' comments on that
    piece. Hayk Babukhanian also demands to compensate the moral damage of 1
    million AMD (more than $ 2,500), cover the court expenses, including the
    state duty for filing the court of 8,000 AMD and the attorney services fee
    (meanwhile, the plaintiff did not specified the sum). Together with the suit
    - submitted to consideration on April 22, 2011 - a petition was made
    requesting to prohibit the respondent to diffuse any information on another
    case which is presently being considered by the same court of general
    jurisdiction of Kentron and Nork-Marash administrative districts of Yerevan.
    This regards a similar suit on protecting the honor, dignity and business
    reputation, lodged by Hayk Babukhanian and founder of "Iravunk" newspaper,
    "Iravunk Media" LLC, versus Report.am founder, "Khmbagir" LLC, and news
    portal's observer Edik Andreasian. The subject matter of the case is the
    September 1, 2010 piece of Report.am "The Right of 'Iravunk' on the Edge of
    Hayk Babukhanian's Sword". The plaintiffs demanded to refute the
    discrediting information, as contained in the piece, as well as exact from
    each respondent 3 million AMD (about $ 8,000) as moral damage compensation,
    caused by libel and insult. (This suit was submitted to consideration on
    November 22, 2010; the hearings started on January 27, 2011; for now four
    preliminary sessions were held and the next one will be on July 1.) The
    motion on banning the diffusion of any information regarding the case was
    secured, and Report.am removed all the respective materials from its
    website.

    At the June 15 session the parties precised the suit demands. The next
    session will take place on June 30.

    "A1+" VERSUS NCTR: FOUNDER OF "ARMNEWS" DID NOT APPEAR BEFORE THE COURT

    On June 10 a session on the suit of "A1+" TV company founder, "Meltex" LLC,
    versus National Commission on Television and Radio was held at the RA
    Administrative Court. As it has been reported, on February 21 "Meltex"
    contested the results of digital broadcast licensing competition No.11. The
    founders of "A1+" and "ArmNews" TV companies were opponents in this
    competition (the latter became the winner). The NCTR December 16, 2010
    decision on competition No.11 noted that the financial means, claimed by
    "Meltex" LLC, "cannot be sufficient, given that the significant part of the
    supporting documents on the financial assistance (...) is forged and
    unjustified". Namely, this fact rendered impossible for "A1+" to implement a
    complete broadcast in the digital network in Yerevan, assured the NCTR.
    Assessing this justification as forced and biased, "Meltex" addressed the
    court demanding to restore its violated rights and nullify the NCTR decision
    on competition No.11. At the hearings, started on May 11, 2011, the Court
    secured the plaintiff's motion on impleading "ArmNews" CJSC, founder of
    "ArmNews" TV channel, as a third party in the case (see YPC Weekly
    Newsletter, May 6-12, 2011).

    At the session of June 10 the judge announced that the notice about the date
    of the session addressed to the legal address of "ArmNews" CJSC came back.
    This is conditioned by the fact that de facto the party resides in another
    place. However, later the "ArmNews" founder was notified, but instead of
    appearing before court it sent a letter. The plaintiff and the respondent
    requested the court to grant some time for reviewing the letter. The next
    session will be held on July 8.

    Meanwhile, on June 10 the Resolution CM/ResDH(2011)39 on execution of the
    June 17, 2008 judgment of the European Court of Human Rights on the case of
    "Meltex" LLC versus Republic of Armenia was released. The Resolution was
    adopted by the Committee of Ministers on June 8, 2011 at the 1115th Meeting
    of the Ministers' Deputies. The document stresses that the Committee of
    Ministers, having examined the measures taken by the respondent state
    "decides to close the examination of this case" (see the full Resolution
    text on the CoE Committee of Ministers website
    https://wcd.coe.int/wcd/ViewDoc.jsp?Ref=CM/Del/Dec%282011%291115&Language=la
    nEnglish&Ver=volres&Site=CM&BackColorInternetŰDCF2 &BackColorIntranetýC86
    4&BackColorLoggedýC864). As it has been reported, the refusals to grant a
    broadcast license to "Meltex" LLC were recognized by ECHR to be a violation
    of Article 10 of the European Convention on Human Rights and Fundamental
    Freedoms, i.e., of the right of the applicant to freely impart information
    and ideas (see YPC Weekly Newsletter, June 13-19, 2008).

    According to the "A1+" head Mesrop Movsesian, the ECHR ruling was not
    implemented: in fact, except for paying the material compensation, Armenia
    had to undertake open and transparent broadcast licensing competition.
    Nonetheless, these terms were not ensured during the digital broadcast
    licensing competitions held by NCTR in 2010, thereby the founder of "A1+"
    appealed against the NCTR decision on competition No.11, emphasized Mesrop
    Movsesian.


    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]

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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

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