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  • Constitution does not provide guarantees

    CONSTITUTION DOES NOT PROVIDE GUARANTEES

    A1plus

    | 13:07:56 | 11-06-2005 | Politics |

    Article 24 of the acting Constitution says, "Everyone is entitled
    for to freedom of speech, including the freedom to seek, receive and
    disseminate information and ideas through any medium of information,
    regardless of state borders." This proves that mass media should be
    free and independent, however the Constitution does not guarantee it.

    "The existence of an independent National Committee on TV and Radio is
    not fixed in our principal law. Over this reason the Venice Commission
    has may times proposed to fix the order of formation of the body
    in the Constitution ", specialist of constitutional rights Vardan
    Poghosyan noted. He stressed that the constitutions of all the states
    provide for guarantees for independent pass media. "In countries like
    Armenia there was never a real public TV or radio company . All the
    companies are only instruments for political power. And it is the
    acting constitution that forbids the NA to appoint a part of members
    of the so-called independent NTRC", he added.

    The coalition's draft constitutional amendments the following
    clauses have been added, "Freedom of mass media and other sources of
    information. The state guarantees the existence and activity of public
    independent television and radio with a variety of informational,
    cultural and entertainment programs. Proceeding form freedom,
    independence and variety of information sources the broadcast is
    controlled by an independent body, the decisions of which can be
    re-considered in the court." However the authority of the NA underwent
    no changes: it cannot appoint NCTR.

    "As compared to the acting Constitution only declarative clauses have
    been expanded, but mechanisms are absent. Formation of the NCTR without
    the NA means that all the members of the Committee will be appointed
    by the executive power - either the President or the government",
    Vardan Poghosyan says.

    He assures that the guarantees of the independent activity of the
    NCTR should be necessarily fixed in the Constitution and at least
    half of the members should be appointed by the National Assembly.

    Victoria Abrahamyan
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