INDEX

2003 Eurasia and in Media Independent Sustainable of Development SUSTAINABILITY MEDIA

Media Sustainability Index 2003 IREX www.irex.org www.irex.org/msi/ Fax: (202) 628-8189 E-mail: [email protected] Phone: (202) 628-8188 Washington, DC 20037 Copyright © 2004 IREX by 2121 K Street, Suite 700 NW, 2121 Media Sustainability Index 2003 MEDIA SUSTAINABILITYINDEX2003

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The Development of Sustainable Independent Media in Europe and Eurasia www.irex.org/msu

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ISSN 1546-0878 USAID

USAIDis an independent federal government agency that receives overall foreign policy guidance from the Secretary of State. The agency works to support long-term and sus tainable economic growth and advances US foreign policy objectives by supporting:

• Economic growth and agricultural development

• Global health • Democracy • Conflict prevention and developmental relief

USAIDprovides assistance in four regions of the world:

• Sub-Saharan Africa

• Asia and the Near East

• Latin America and the Caribbean • Europe and Eurasia

With headquarters in Washington, DC, USAID’sstrength is its field offices around the world. They work in close partnership with private voluntary organizations, indigenous organizations, universities, American businesses, international agencies, other govern ments, and other US government agencies. USAID has working relationships with more than 3,500 American companies and over 300 US-based private voluntary organizations.

IREX

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Sinceits founding in 1968,IREX has supported over 15,000students, scholars, policy makers, business leaders, journalists, and other professionals.

n0

Introduction vii Executive Summary ix Methodology xxi

Southeast Europe

Albania 3 Bosnia and Herzegovina 13 Bulgaria 23 Croatia 33 Kosovo 43 Macedonia 55 Montenegro 65 Romania 75 Serbia 89 . Armenia 99 109 Georgia 117

Russia & Western Eurasia Belarus 131 Moldova 143 Russia 155 Ukraine 169

Central Asia 185 195 Tajikistan 205 215

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 -%$)!3534!).!"),)49).$%8 WWWIREXORGMSI Caucasus 97 CAUCASUS “It is very convenient to excuse low professionalism by appealing to false risks,” said a panelist. Armenia

Introduction rmenia experienced significant economic growth in 2003, when refine- ments in the customs, tax, and other legislation led to an increase in foreign capital investment and more favorable conditions for local small and medium-sized businesses. This came despite some tension during presidential and parliamentary elections, as well as a continu- ing blockade by neighboring and Azerbaijan. A range of macroeconomic indicators such as gross domestic product, the unemployment rate, state budget revenues, and poverty levels showed improvement. However, serious problems such as the A strong presence of a shadow economy, corruption, and social polar- ization still exist. Moreover, socioeconomic development is almost totally concentrated in the capital city, Yerevan, while regional areas still stagnate. Democratic development progressed little during 2003. Western observers declared that both presidential and parliamentary elections failed to meet international standards, agreeing with Armenian media assessments during the campaigns. However, the political leadership has expressed willingness to develop democracy and a free-market economy further, and it is notable that for the first time in modern Armenian history, no member of the Communist Party is in the newly elected parliament. Armenian media were primarily focused on political coverage, especially elections, during 2003. The interest moved to the neigh- boring countries of Georgia and Azerbaijan, where the elections, in contrast with those in Armenia, were marked by political leadership changes. The coverage of the Karabagh conflict receded, with negotia- tions concerning the situation frozen for the pre-electoral period in both countries. Armenian media also focused on prominent criminal cases, such as the lengthy trial of those accused in the October 1999 killing of eight officials, including the prime minister and the speaker of the National Assembly, in the parliament. Another court case related to

ARMENIA 99 Objective Scoring Indicator Scoring The averages of all the indicators are averaged to obtain a single, Each indicator is scored using the following system: overall score for each objective. Objective scores are averaged to provide 0 = Country does not meet indicator; government or social forces may actively an overall score for the country. IREX interprets the overall scores as follows: oppose its implementation 3 and above: Sustainable and free independent media 1 = Country minimally meets aspects of the indicator; forces may not actively oppose its implementation, but business environment may not support it 2–3: Independent media approaching sustainability and government or profession do not fully and actively support change 1–2: Significant progress remains to be made; 2 = Country has begun to meet many aspects of the indicator, but progress may society or government is not fully supportive be too recent to judge or still dependent on current government or political forces 0–1: Country meets few indicators; government and society actively oppose change 3 = Country meets most aspects of the indicator; implementation of the indica- tor has occurred over several years and/or through changes in government, indicating likely sustainability 4 = Country meets the aspects of the indicator; implementation has remained intact over multiple changes in government, economic fluctuations, changes in public opinion, and/or changing social conventions

100 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ “Journalists should fight the slaying of the the Armenian judicial system is not yet independent of National Radio and outside influences. to get the information Television chairman With virtually all media serving some political till the very end, unless in December 2002. interest, attacks on journalists are most often political The devel- undertakings. Tigran Naghdalyan, chairman of National the officials and opment of the Public TV and Radio, was the first Armenian journal- businessmen practice private business ist killed because of his profession. His murderers were sector produced identified, tried, and sentenced because the authorities reporting to the public, a slight upturn in had personal interest in resolving the case, the Media and we should use all the advertising Sustainability Index (MSI) panel said. Generally there market, and several is no such willingness by law enforcement to investi- opportunities provided newspapers showed gate “simple” cases, when journalists are threatened or significant growth beaten. Among such cases is the beating of an editor by the legislation.” in ad content. How- of the Or newspaper, Gayane Mukoyan, who required ever, because most hospitalization. The police investigation did not clarify newspapers have political biases and party affiliations, the motives for the attack, and the media community, the placement of ads is perceived as financial support, while condemning it, did not move aggressively to pro- which makes advertising carry a political stigma. In tect her. This appeared to be due to the earlier publica- addition, some newspaper circulation increases were tion by Mukoyan’s newspaper of nude photos of another due primarily to the elections, and new newspapers well-known chief editor, a move that journalists viewed were established to serve as propaganda forums for particular political figures. Legal and social norms protect and promote There was considerable advancement in media free speech and access to public information legislation. In particular, new laws on mass media and freedom of information were adopted, representing a ■ Legal/social protections of free speech exist significant step forward for professional journalism and, and are enforced. more broadly, civil society. ■ Licensing of broadcast media is fair, competitive, and apolitical.

Objective 1: Free Speech ■ Market entry and tax structure for media are fair Armenia Objective Score: 2.15/4.00 and comparable to other industries. ■ Crimes against journalists or media outlets are The panelists agreed that the Armenian Constitution prosecuted vigorously, but occurrences of such and much of the supporting laws guarantee freedom of crimes are rare. speech. In December 2003, the Armenian parliament ■ State or public media do not receive preferential adopted the new mass media law, which had been on its legal treatment, and law guarantees editorial agenda for almost two years. The original draft law was independence. harshly criticized for provisions directly or indirectly ■ Libel is a civil law issue; public officials are held limiting freedom of speech. Especially problematic to higher standards, and the offended party were provisions concerning the right for refutation and must prove falsity and malice. response, accreditation and responsibility of journalists, ■ the status of foreign media in Armenia, and financial Public information is easily accessible; right of access to information is equally enforced for all transparency of media organizations, all of which might INDICATORS SPEECH FREE media and journalists. be used to restrict independent media. Armenian and international organizations lobbied for changes in the ■ Media outlets have unrestricted access to infor- draft, and the new law is considered an improvement. mation; this is equally enforced for all media and journalists. Another new law on freedom of information moved guarantees of free speech forward, but implementation ■ Entry into the journalism profession is free, and and enforcement remain a concern, especially because government imposes no licensing, restrictions, or special rights for journalists.

ARMENIA 101 as an ethical violation. Another noteworthy case was Objective 2: Professional Journalism the beating of the opposition Chorhord Ishkhanutiun newspaper reporter Mher Khaletsyan, who reported on Armenia Objective Score: 1.68/4.00 illegal construction. In that case, an attacker turned himself in. The election period brought more cases of Polarization of the news media into two camps—pro- free speech being restricted than usual, panel members government and opposition—does not leave much said. In one case, several regional television stations chance for the public to get objective and accurate news. were improperly prohibited from broadcasting by local The opposition press presents everything in a negative government authorities, and work resumed only after light, while the pro-government media make it glow. journalists protested. The truth is often lost between these extremes, panel Despite objections by Armenian and interna- members said. News coverage and commentaries are not tional observers, libel remained a criminal offense separated in the Armenian media, and there is a lack of when the new criminal code was adopted in April 2003. fact-based reporting. Among the reasons: The code allows a prison sentence of up to three years, although there is no recorded case of a journalist being ■ The lingering traditions of Soviet-style journalism, when jailed for libel. The new code also increases the finan- news media were considered as an ideological tool; cial penalties for libel, which could seriously damage ■ The lack of independence on the part of news organi- the poorly funded news media. In addition, the penalty zations, which are affiliated with certain political for libeling an official is higher than when the target is and business groups that dictate the editorial policy an ordinary citizen. and content; Many concerns were expressed with regard to ■ The resistance to change on the part of the majority the Radio and Television Law. The president appoints of top editors who represent a generation brought up members of the Licensing Commission, who are not in the techniques of reporting on a one-party system. considered independent. Experts referred to the example This hinders not only the editorial policy, but the of the A1 Plus TV station, which lost its broadcasting commercial side of media operations as well. Panelists frequency in spring 2002. The company was unable to said this was particularly true for newspapers, which resume broadcasting, although it participated in all fur- ther licensing competitions. Adoption of the Freedom of Information law was Journalism meets professional standards of considered a positive step, although many journalists and quality officials are unaware of its provisions. One shortcoming ■ Reporting is fair, objective, and well sourced. is the absence of a law on state secrets, leading to dispute about defining what is public and what is not public ■ Journalists follow recognized and accepted information. The government tends to see all informa- ethical standards. tion as state secrets, as do businesses that move to protect ■ Journalists and editors do not practice “commercial secrets.” Nevertheless, practice shows per- self-censorship. sistent journalists are able to overcome these obstacles. INDICATORS “Journalists should fight to get the information till the ■ Journalists cover key events and issues. very end, unless the officials and businessmen practice ■ Pay levels for journalists and other media reporting to the public, and we should use all oppor- professionals are sufficiently high to discourage tunities provided by the legislation,” said one panelist. corruption. Another panel participant published the main provisions ■ Entertainment programming does not eclipse of the law on the front page, stressing penalties set for news and information programming. withholding information. ■ By contrast, access to international news is com- Technical facilities and equipment for gathering, producing, and distributing news are modern pletely free. And journalism as a profession is open to and efficient. everybody interested. The news media is in an advanta- geous position compared with other businesses because ■ Quality niche reporting and programming of an exemption from value-added tax (VAT). exists (investigative, economics/business, local,

PROFESSIONAL JOURNALISM PROFESSIONAL political).

102 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ are more conservative in their development compared no one code is acceptable for every media outlet. Ethics with the electronic media; codes are not very relevant for news organizations that ■ The lack of advanced journalism education. are being used as a platform where politicians or compet- An underlying cause is the poor financial condi- ing business groups settle scores with each other. Some tion of many news organizations. Many cannot hire panelists suggested that, for now, there is no sense in additional reporters who would provide more specialized imposing ethical standards for the media, while others and higher-quality news coverage. With too few journal- were confident that even in current conditions media ists and too many time pressures in the newsroom, inves- professionals could apply certain basic norms. Publica- tigative reporting is sacrificed, as is coverage of Armenia tion of an ethics handbook was suggested as one route. outside the capital. The participants did agree that professional ethics would Self-censorship by both journalists and editors only follow respect for a more general set of moral prin- is another serious obstacle for professional journalism. ciples in society. There are topics that journalists do not cover because of On the positive side, panelists mentioned the certain political and development of investigative reporting, which had not With too few journalists business connec- existed until recently. The panelists also agreed that there tions. Many jour- are a few media practitioners who set an example by fol- and too many time nalists fear losing lowing high professional and ethical norms. pressures in the their jobs. The panelists presented Objective 3: Plurality of News Sources newsroom, investigative an example of the firing of an ALM Armenia Objective Score: 2.30/4.00 reporting is sacrificed, TV cameraman who as is coverage of captured on film a There is access to a wide range of news sources in the clash between police country through television, newspapers, radio, and the Armenia outside and demonstrators Internet. The government does not impose any restric- the capital. in front of the presi- tion in this area. The only limitation is the poverty of dential office after the presidential elections. The experts believe numer- ous such cases are not publicized. As for fear of physical Multiple news sources provide citizens with reprisals, panelists agreed that often no real threat to reliable and objective news journalists exists and that the real reason for inconsistent ■ A plurality of affordable public and private news coverage is the lack of professional responsibility. “It is sources (e.g., print, broadcast, Internet) exists. very convenient to excuse low professionalism by appeal- ing to false risks,” said a panel participant. ■ Citizens’ access to domestic or international The pressure on journalists is mainly financial media is not restricted.

rather than physical, with low salaries providing the INDICATORS ■ State or public media reflect the views of the foundation for corruption. For instance, many journal- entire political spectrum, are nonpartisan, and ists covering the 2003 elections had additional “bonuses” serve the public interest. from political candidates for ordered articles. The panel- ■ Independent news agencies gather and distrib- ists also mentioned the difference in salaries between ute news for print and broadcast media. editors and reporters. Despite the low salaries, however, ■ Independent broadcast media produce their own the number of journalists in the country is growing. “We news programs. have more journalists than we need, and unfortunately most of them are not professionals,” said a panelist from ■ Transparency of media ownership allows a popular newspaper. consumers to judge objectivity of news; media ownership is not concentrated in a Ethics codes have been developed over the years few conglomerates. by media nongovernmental organizations (NGOs) such as the Armenian Journalists Union, Yerevan Press Club, ■ A broad spectrum of social interests are Gumri Asparez Club, and the Investigative Reporters reflected and represented in the media, includ-

PLURALITY OF NEWS SOURCES NEWS OF PLURALITY ing minority-language information sources. Agency. However, they are not practiced or enforced, and

ARMENIA 103 “We have more many Armenians. Coverage of minority issues does not lead to There are no curbs harassment of journalists, and the government sup- journalists than we on access to the ports newspapers for minority groups. The Internet is need, and unfortunately foreign print or not under government control, but not many people can electronic media. afford it. most of them are not Russian television professionals,” said a programs are very popular in Arme- Objective 4: Business Management panelist from a popular nia, and Russian Armenia Objective Score: 1.40/4.00 newspaper. newspapers and magazines are sold Although many editors have gotten accustomed to the in all kiosks. Russian entertainment and fashion maga- idea that newspapers and other media outlets generate zines sell the best. It is possible to obtain Western press products rather than ideological tools, they have not yet as well, but it is available only through subscriptions that succeeded in managing their organizations as busi- are too expensive for most Armenians. There also is no nesses. The panelists explained that as long as media general practice of following news in foreign languages are relying on sponsors, there is no sense in trying to do other than Russian. The main source of news tradition- things differently and convert news organizations into ally is television, with free access to a dozen channels in effective businesses. The business climate also is not Yerevan. In the regions, radio is the most popular, since too favorable for media operations, with the ineffective access to television is usually limited to three channels— and inflexible distribution system presenting a major the state first channel, “Prometheus,” and ALM TV—due obstacle for newspapers. to technical difficulties and the lack of modern equip- No market studies are being conducted, and thus ment. Newspapers only reach regional centers; there is there is no information on audience preferences to guide no delivery to villages due to financial constraints and managers. On the other hand, in conditions when the ineffective distribution systems. Most of the panelists press depends on sponsors, the media are biased toward agreed that the phrase “The newspaper costs the same as the preferences of their financial supporters. Some news- one loaf of bread, and poor people facing a choice prefer the bread” is outdated. The main problem is that despite paying for a newspaper, a reader does not have any Independent media are well-managed guarantee of getting objective news. To have a better idea businesses, allowing editorial independence of the real picture, one has to buy several newspapers ■ Media outlets and supporting firms operate as to compare coverage—and this is too expensive. Subse- efficient, professional, and profit-generating quent to the campaign, panelists noticed that state televi- businesses. sion had become more open to alternative points of view after providing coverage during the elections that heavily ■ Media receive revenue from a multitude of sources. favored the government. The influence of businesses and politicians on media is reflected in reporting, but the ■ Advertising agencies and related industries INDICATORS spectrum of topics is not limited. Consumers are aware support an advertising market. of the ownership of media outlets, which allows them to ■ Advertising revenue as a percentage of total judge the objectivity of news, especially for television. revenue is in line with accepted standards at Newspaper ownership is not so transparent and changes commercial outlets. more frequently. Television sponsors (mostly business ■ Independent media do not receive government magnates) do not hide their affiliation with the medium, subsidies. allowing them to not only freely advertise their compa- nies, but also to have a political influence. Since business ■ Market research is used to formulate strategic and politics in Armenia are closely linked and businesses plans, enhance advertising revenue, and tailor products to the needs and interests of most often operate illegally, wealthy businessmen often audiences. seek an “umbrella” to assure their safety—with media affiliation serving as one such “umbrella,” panelists said. MANAGEMENT BUSINESS ■ Broadcast ratings and circulation figures are reliably and independently produced.

104 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ “While TV cannot papers occasionally New newspapers frequently appear on the market. try to get readers’ “While TV cannot be started without huge initial capital, be started without opinions on specific a newspaper can be launched by having two computers huge initial capital, topics by putting and $500 only. Certainly, such newspapers cannot sur- short questionnaires vive without sponsors,” said one panelist. In the regional a newspaper can be in the newspaper. press, advertising revenues are extremely low. Experts launched by having This is widely mentioned ad sales amounting to only 1 to 2 percent of practiced by Novoye total revenue. “There is nothing to advertise in regions. two computers and Vremya, a Russian- No industry, no production, only stores, which prefer $500 only. Certainly, language publica- to advertise through TV,” said a panelist. Even though tion with relatively many businesses prefer to advertise through television, such newspapers little dependence on the ad market for broadcast media is still underdevel- sponsors. Editors oped. With 19 television stations in Yerevan, the market cannot survive from the regions say is clearly oversatu- without sponsors,” they study read- rated. The main dif- “There is nothing ers’ opinions in the ference between the to advertise in the said one panelist. streets during casual business practices conversations. “In of print and elec- regions. No industry, our city, almost all people know each other, and I plan tronic media is that the content of my newspaper while talking with them,” broadcast outlets no production, only said a panelist from a weekly newspaper. “They are often are openly owned stores, which prefer interested in international news. For example, read- by business mag- ers asked me to write more about the war in Iraq. They nates who do not to advertise through were also very interested in Georgian events and even hide their political TV,” said a panelist. asked me to clarify whether Saakashvili is Armenian or affiliations. not.” There is no special, permanent mechanism focused Government subsidies are too small to influence exclusively on media and media market analysis. media content. Many Yerevan-based newspapers refused There are several successful printing presses in to accept them, deferring to youth and regional and Yerevan, although the quality is imperfect. One panel minority-group newspapers. “The subsidies are decreas- participant mentioned that it is necessary for newspapers ing from year to year. In 2001, we got 1 million drams to have their own presses, allowing more flexibility in con- (approximately $2,000); in 2002, 800,000 drams; in 2003, tent and circulation. “The less the dependence on different 600,000,” said an editor on the panel. structures, the more the opportunities to run newspapers Low newspaper revenue is also explained by small as businesses,” he said. Many regional newspapers are circulations, which are 3,000 to 5,000 for dailies. The big- printed in Yerevan because of the lack of presses in the gest circulation belongs to the weekly Iravunk, with 8,000 regions, adding time and money to the newspapers’ ability copies. Such low circulations make newspapers unattract- to provide timely, affordable coverage. ive for potential advertisers. With newspapers not oriented Some newspapers in Yerevan have created adver- toward their readers, however, there are few prospects for tising departments in recent years. But the business significant circulation increases. Some experts support environment is not very competitive, and advertising is the idea of providing newspapers with loans. “Not all, but underdeveloped, reducing its role in supporting Arme- some, editors who are committed to the idea of indepen- nian media. Experts say advertising could “feed” only dent press will take this risk and use the opportunity to two to three big newspapers while in Yerevan. With a operate their news organizations in accordance with con- population of approximately 1 million, there are more temporary business canons and market rules,” said a panel than a dozen publications. As a result of insufficient participant. Another option might be to merge small advertising revenues, there is always a gap in newspa- newspapers into larger companies, although that would per budgets left to be filled by sponsors. The bigger the require overcoming polarized interests. gap—generally from 25 to 60 percent of the cost—the more the newspapers depend on sponsors.

ARMENIA 105 Journal- “Media associations Objective 5: Supporting Institutions ism education in are quite active, but Armenia Objective Score: 1.92/4.00 general is of low quality because of there is no organization There are a variety of media-support institutions work- the lack of essential ing with varying degrees of success to defend the rights of components such as defending the journalists and increase their professionalism. Panelists relevant literature, corporate rights of mentioned that some of these organizations lack profes- trained faculty, labo- sionalism and are inconsistent in their assistance programs, ratories, and model editors and publishers,” which may be more theoretical than practical. newspapers and said a panelist. television and radio stations. However, almost all public and private universities have journalism Supporting institutions function in the programs. professional interests of independent media Panelists mentioned several effective support ■ Trade associations represent the interests of programs, including opportunities to study journalism private media owners and provide member abroad or receive internships at Western news organiza- services. tions. They also noted that the conclusion of the IREX/ ProMedia program for print media resulted in a signifi- ■ Professional associations work to protect journalists’ rights. cant loss of help and encouragement. They noted that there is no permanent institution in the country focused INDICATORS ■ NGOs support free speech and independent on providing professional training to journalists. media. “Media associations are quite active, but there is ■ Quality journalism degree programs that provide no organization defending the corporate rights of edi- substantial practical experience exist. tors and publishers,” said a panelist. He gave an example of the agreement among editors not to sign a contract ■ Short-term training and in-service training programs allow journalists to upgrade skills or with an unreliable distribution company that later acquire new skills. broke down. The same situation exists with acquiring newsprint: Editors are paying twice as much as neces- ■ Sources of newsprint and printing facilities are sary because they are unable to reach an agreement and private, apolitical, and unrestricted. organize the joint delivery of newsprint from Russia. ■ Channels of media distribution (kiosks, trans- “The journalist unions and associations are only as mitters, Internet) are private, apolitical, and mature as the overall NGO sector of the country,’’ said a SUPPORTING INSTITUTIONS SUPPORTING unrestricted. panelist and NGO member.

106 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ Panel Participants Aghasi Abrahamyan, editor, Banvor Kumayri newspaper, Gumri

Hakop Avetikyan, chief editor, Azg daily

Greta Grigoryan, editor, Zangezur newspaper, Goris

Anahit Harutiunyan, Ditord magazine, Spiritual (Cultural) Armenia NGO

Pap Hayrapetyan, editor, Sevan newspaper, Sevan

Tamara Hovnatanyan, journalist, Women with Univer- sity Education NGO

Armine Nanyan, For Sustainable Human Development NGO

Sara Petrosyan, journalist, Investigative Reporters Agency

Artur Sahakyan, investigative journalist, Iravunk news- paper; editor of news department of public radio

Anna Satyn, journalist, Novoye Vremya newspaper

Moderator Naira Manucharova, independent consultant

Observer Lilit Voskanyan, USAID, Armenia

ARMENIA 107 “Authorities will be held responsible if anyone from our newspaper is beaten, kidnapped, or murdered.” Azerbaijan

Introduction or the media in Azerbaijan, 2003 was a somewhat disappointing year, according to many observers. The country is mired in a difficult eco- nomic situation, there is a continuing lack of pluralism in the media, news outlets remain dependent on sponsors or afraid to challenge power, the level of professionalism is still low, and basic freedoms are restricted. Pressure against opposition journalists intensified leading up to the October 15 presidential elections. The elections, which resulted in Ilham Aliyev’s victory, were judged by the Organization for Security and Cooperation in Europe (OSCE) and the Council of Europe as F not at all free and fair. Following the election, government forces beat people who had gathered in the streets to protest the polling results. Meanwhile, the Ruh Committee to Protect Journalists reported that 70 journalists were attacked and arrested in the pre- and post-elec- tion periods. International human-rights institutions reacted to these events with public statements, and representatives of the International Freedom of Expression Exchange (IFEX), Article 19, Reporters Sans Frontières, and the Council of Europe visited Azerbaijan to review the media situation. The amended draft law on public television was submitted to parliament, the Milli Majlis, for review. In contrast with the 2002 variant, which progressed through a second reading, the new version recognizes public television as an entity that is separate from state tele- vision. It also defines the structures of the Broadcasting Board and the Board of Directors, as well as procedures for appointing the general director. However, the law is considered to allow for political control over the broadcaster due to weakness in the provisions for its financing and governing structures. An agreement was reached with the authori- ties to create a special monitoring group comprised of representatives from the Interior Ministry and the General Prosecutor’s Office. This group had not started work until recently, according to the Yeni Nasil Journalists’ Union. Although the national economy is developing to some extent, the advertising market remains limited, thereby increasing the chances media outlets will be dependent on political players. As media AZERBAIJAN 109 Objective Scoring Indicator Scoring The averages of all the indicators are averaged to obtain a single, Each indicator is scored using the following system: overall score for each objective. Objective scores are averaged to provide 0 = Country does not meet indicator; government or social forces may actively an overall score for the country. IREX interprets the overall scores as follows: oppose its implementation 3 and above: Sustainable and free independent media 1 = Country minimally meets aspects of the indicator; forces may not actively oppose its implementation, but business environment may not support it 2–3: Independent media approaching sustainability and government or profession do not fully and actively support change 1–2: Significant progress remains to be made; 2 = Country has begun to meet many aspects of the indicator, but progress may society or government is not fully supportive be too recent to judge or still dependent on current government or political forces 0–1: Country meets few indicators; government and society actively oppose change 3 = Country meets most aspects of the indicator; implementation of the indica- tor has occurred over several years and/or through changes in government, indicating likely sustainability 4 = Country meets the aspects of the indicator; implementation has remained intact over multiple changes in government, economic fluctuations, changes in public opinion, and/or changing social conventions

110 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ outlets go bankrupt, some are being bought by political approval would turn into a tedious process involving and economic circles to be used for their own politi- many government officials, parliament members, and cal interests. Independence is out of the question when the parliamentary groups, potentially making the public these outlets start serving their “secret” owners. Lack of broadcasters dependent on the government. pluralism is especially noticeable on television channels The state authorities monopolize the licensing of because all electronic media established during the past broadcasting media, while the Broadcasting Council six years are owned by authorities. charged with issuing licenses is powerless. Panel mem- Another phenomenon undercutting the media is bers said the council is a “tool” for the authorities, who that 20,000 people in the republic possess press cards, nonetheless claim to be implementing Azerbaijan’s obli- but only about 5,000 of them can be called journalists, gations to the Council of Europe. The procedures allow according to independent analysts. The rest use the cards transparent competition, and the process is politicized, for blackmail and extortion. giving preference to state media outlets. Media do not suffer from a particularly high tax burden. In fact, the value-added tax (VAT) for media was Objective 1: Free Speech decreased by order of the former president. Azerbaijan Objective Score: 2.06/4.00 The law stipulates that public television must broadcast all official statements immediately and with- The law on broadcasting considers only the independent out changes but fails to define exactly what “an official television and radio companies, while there is no law statement” really means. According to Internews’s Media covering AzTV, the state broadcasting company and the Rights Institute, this ambiguity will create grounds for largest in the country. However, it is anticipated that state confusion between the public broadcaster and govern- television will remain, even if a nominally public televi- sion company is established. Legal and social norms protect and promote If AzTV were to be transformed into a public free speech and access to public information broadcasting company, Azerbaijan could take a major step toward shaping an independent media, according to ■ Legal/social protections of free speech exist the Media Sustainability Index (MSI) panel. Current law and are enforced. does not provide a system for the full transition of the ■ Licensing of broadcast media is fair, competitive, state-controlled AzTV into a public broadcaster. But the and apolitical. panel considers it unacceptable to create two broadcast- ■ Market entry and tax structure for media are fair ers on the basis of AzTV—a state television company and comparable to other industries. and a public broadcasting company—as the draft law suggests. Panelists viewed this proposal as implying that ■ Crimes against journalists or media outlets are the government wants to maintain control of the new prosecuted vigorously, but occurrences of such crimes are rare. publicly funded broadcasting company and turn it into a new propaganda machine. Also according to the draft ■ State or public media do not receive preferential law, the president of Azerbaijan will appoint members of legal treatment, and law guarantees editorial the Broadcast Board, the public television’s top manage- independence. ment organ, and this raises further concerns over the ■ Libel is a civil law issue; public officials are held board’s independent decision-making capability. to higher standards, and the offended party Further, the draft law envisions that the general must prove falsity and malice. director will be selected by the Broadcast Board and ■ Public information is easily accessible; right of confirmed by the president, making it unlikely that this access to information is equally enforced for all person would be empowered to make independent deci- INDICATORS SPEECH FREE media and journalists. sions. Also, as this position is responsible for the day- ■ Media outlets have unrestricted access to infor- to-day management of the public television station, it mation; this is equally enforced for all media should be filled by a professional fully aware of modern and journalists. television management practices, said a panel member. ■ According to the law, the government will fund Entry into the journalism profession is free, and government imposes no licensing, restrictions, public television out of its budget for seven years. Cur- or special rights for journalists. rent state budgeting practices suggest that the budget AZERBAIJAN 111 Journalists’ rights often ment officials in the Free media principles are violated by journalists future. as well when they are “fighting on two opposite fronts.” are violated because Azerbaijan Just as Soviet ideology forbids the media to criticize the they are ignorant of the has typical laws on state, which is a host of the media, today the journalists freedom of the press, remain loyal to this principle even if their “host” is not laws protecting them. but their implemen- the state. Many outlets serve as a tribune for the political A 2003 report by the tation is patchy. For party that is sponsoring them. For instance, when Yeni example, although Azerbaijan, the newspaper of the ruling New Azerbai- Ruh Committee to officials are required jan Party, criticized the state broadcaster and the pro- Protect Journalists said to respond to authority newspaper Khalg for exaggeratedly praising the journalists’ ques- president and his ideology, the editor was criticized by a that 70 to 80 percent tions within 15 state official and warned not to do it again. days under the law A new law on defamation is expected to be drafted, of the violations take governing citizen and a freedom of information draft law has been submit- place for this reason. access to informa- ted to the Milli Majlis. Defamation is covered currently by tion, these officials both criminal and civil law, but changes to make it solely often find ways to avoid responding and go unpunished. a civil code issue are required under the country’s obliga- Officials can easily exert pressure on court decisions in tions to the Council of Europe, which Azerbaijan joined cases concerning media and government relations because in 2001. Libel is both a civil and criminal code issue in the court process is not independent. Journalists do Azerbaijan, while European standards require libel to be a not file suit against officials for ignoring their inquiries civil law issue. Journalists can be sentenced to two years of because they or their media outlets are sure the courts will imprisonment for libel. According to the civil and crimi- decide in favor of the officials. The MSI panelists pointed nal code, public officials are responsible if they violate to the case of ANS, an independent television company, journalists’ rights and do not respond to questions. They whose repeated questions to Jahangir Asgarov, director of might also be sentenced to two years of imprisonment. Azerbaijan Airlines, were ignored despite televised warn- The criminal code has numerous articles related to ings that the station would file suit if he did not respond. the activities of media and journalists. For example, con- When the official ignored the requests, he went unpun- viction on the charge of disclosing state secrets is subject ished. Media outlets also have trouble getting information to a prison term of two to fives years, slander carries a from named sources. Officials tend to prefer to remain term of three to five years in prison, insult up to one year, anonymous, if they answer questions at all. Press services and “insult or slander of the president” up to six years. of the authorities mostly refuse to respond to questions, The Ruh Committee to Support Journalists in Azer- but correspondents of the pro-authority newspapers have baijan reported that there were 40 instances in September a better chance of getting official information than those 2003, the month before elections, in which authorities took of other outlets, according to a panelist. measures to restrict media freedom. It said 32 journalists Access to international news and news sources is were beaten by police during a September 8 incident in unrestricted. Journalists and editors are able to use the which reporters were attempting to cover a police interroga- Internet as a news source, especially for coverage of world tion of an opposition party leader who fought with a ruling events. It is legal to publish in other languages, and there are party presidential candidate during a televised debate. In daily newspapers such as Echo, Zerkalo, and others issued addition, law-enforcement officials in Azerbaijan’s regions in Russian. Some newspapers, including Caspian Business have routinely harassed journalists covering campaign News, Baku Sun, and Azernews, are published in English. appearances made by opposition candidates. Journalists’ rights often are violated because they There are few if any crimes against journal- are ignorant of the laws protecting them. A 2003 report ists, the panel said, suggesting this was a signal of how by the Ruh Committee to Protect Journalists said that 70 little investigative reporting is done and that any issues to 80 percent of the violations take place for this reason. that are uncovered are ignored by the authorities. Azer Most journalists studied at Soviet schools, and the sub- Hasrat, head of the Azerbaijan Journalists Confedera- ject of media law is to start as a subject for journalism tion, suggested that authorities could resort to kidnap- faculties only during the 2004 academic year. ping journalists in an attempt to silence criticism of the government. “Authorities will be held responsible

112 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ if anyone from our newspaper is beaten, kidnapped, or Self-censorship is practiced because the media outlets murdered,” said Gabil Abbasoglu, Yeni Musavat’s deputy are dependent on specific sources of sponsorship, and it is editor-in-chief. understood that they are not allowed to publish or broad- In September 2003, Secretary General Walter cast reports affecting the interests of the owners. Journalists Schwimmer of the Council of Europe and Freimut also practice self-censorship because their editors demand Duve, the OSCE Representative on Freedom of the them to be more conservative while reporting. Media, issued a joint statement calling attention to the Entertainment programs prevail over news on conditions for campaign coverage in Azerbaijan. They television and radio stations, with pop singers the main expressed particular concern about a perceived govern- focus. News programming loses favor because it is one- ment attempt to muzzle Yeni Musavat, a leading opposi- sided and does not cover an interesting range of events tion newspaper, through the manipulation of the judicial and issues, according to a panel participant. system. “We are in particular alarmed by the fate of the Technical facilities and equipment for gather- newspaper Yeni Musavat, which has been sentenced to ing, producing, or distributing news are not assessed as three fines amounting in total to $100,000 and whose modern and efficient, especially for the broadcast media. bank account has been frozen. Without commenting on the substance of the lawsuits, it seems clear that such a high fine is disproportionate,” the statement said. Journalism meets professional standards of Journalists from Azadlig, another prominent quality opposition newspaper, have been barred illegally from sessions of the national parliament. The newspaper’s ■ Reporting is fair, objective, and well sourced. bank account was frozen, and ANS TV, perceived by ■ Journalists follow recognized and accepted many to be a pro-government station, recently filed a ethical standards. $30,000 suit against Azadlig. ■ Journalists and editors do not practice self-censorship. Objective 2: Professional Journalism INDICATORS ■ Journalists cover key events and issues.

Azerbaijan Objective Score: 1.90/4.00 ■ Pay levels for journalists and other media professionals are sufficiently high to discourage The MSI panel did not assess most reporting in the Azer- corruption. baijan media as fair and objective. Journalism standards are not known to most journalists, who are too often ■ Entertainment programming does not eclipse dependent on a political party. news and information programming. In a forum of Azerbaijan journalists held in 2003, ■ Technical facilities and equipment for gathering, the Ethics Code of Azerbaijan Journalists was adopted. producing, and distributing news are modern The ethical standards have been widely accepted in and efficient. principle by journalists and conform to European models. ■ Quality niche reporting and programming However, these standards are violated in most cases. On exists (investigative, economics/business, local,

the eve of the October 15 presidential elections, the media JOURNALISM PROFESSIONAL political). belonging to or aligned with either the authorities or the opposition violated basic ethical standards by highlighting the activity of the opposing candidate. The panel assessed Objective 3: Plurality of News Sources “Sitatin Sonu”—or “The Quote’s End”—program broad- Azerbaijan Objective Score: 2.19/4.00 cast after the evening news on the pro-government Lider TV as a serious violation of the ethical standards due to its practice of humiliating opposition politicians. Private media outlets distribute nationwide, and resi- Some media workers accept payments in exchange for dents of larger cities and the capital have access to a certain types of coverage, and most journalists sell articles reasonable number of news sources. However, because favorable to politicians and businesses. Pay levels for journal- of economic difficulties, people living outside the main ists are low, with few earning more than $100 per month. cities often cannot afford to buy newspapers and receive

AZERBAIJAN 113 Multiple news sources provide citizens with from was shut down because the government consid- reliable and objective news ered it to be supportive of opposition movements. BBC broadcasts 24 hours a day in Azeri, Russian, ■ A plurality of affordable public and private news and English. France International radio is broadcast sources (e.g., print, broadcast, Internet) exists. daily. Voice of America is available in all three languages. ■ Citizens’ access to domestic or international media is not restricted. Objective 4: Business Management

INDICATORS ■ State or public media reflect the views of the

entire political spectrum, are nonpartisan, and Azerbaijan Objective Score: 1.60/4.00 serve the public interest. The state publishing house creates artificial problems for ■ Independent news agencies gather and distrib- pro-opposition newspapers. Shortly after the October 15 ute news for print and broadcast media. presidential elections, the state-run Azerbaijan Publish- ■ Independent broadcast media produce their own ing House refused to print Azadlig and Yeni Musavat, news programs. two major Azeri opposition newspapers. In fact, the state printing house accused the Yeni Musavat management ■ Transparency of media ownership allows consumers to judge objectivity of news; of helping to organize the mass protests on October 16. media ownership is not concentrated in a These newspapers also experienced difficulty print- few conglomerates. ing with other private and state-controlled companies. Finally, the opposition newspapers found a small private ■ A broad spectrum of social interests are reflected and represented in the media, includ- publishing house where the management agreed to coop-

PLURALITY OF NEWS SOURCES NEWS OF PLURALITY ing minority-language information sources. erate. But the newspapers’ problems did not end there, because within several days, this publishing house ran most of their news from television. Internet access is for out of paper. Although state officials claimed otherwise, the most part limited to the capital and to larger cities. neither the publisher nor the newspapers managed to More than 300 newspapers are registered officially, find appropriate paper at the right price, and the pub- although only about 60 of them are published regularly. Private television channels like Lider TV and Space TV are broadcast in the regions, but transmission of FM Independent media are well-managed radio is limited outside the capital. businesses, allowing editorial independence Citizens’ access to international print or broadcast ■ Media outlets and supporting firms operate as media is not restricted, and the government does not efficient, professional, and profit-generating block access to foreign news sources. businesses. However, while the objective number of media outlets may be reasonably high, individual outlets tend ■ Media receive revenue from a multitude of sources. to present only one side of an issue and close themselves off to alternative views. Opposition figures are not able to ■ Advertising agencies and related industries INDICATORS express their views through state-run media. Although support an advertising market. the stations produce their own news programs, the type ■ Advertising revenue as a percentage of total of news coverage included is affected by the ownership. revenue is in line with accepted standards at Media are available in Azerbaijani, Russian, and commercial outlets. English. Television broadcasts are in Azerbaijani, with two ■ Independent media do not receive government Russian channels broadcast. Newspapers in the languages subsidies. of Lezgi, Kurdish, and Georgian minorities exist, but are only printed in the regions where these ethnic groups live. ■ Market research is used to formulate strategic TRT1, a Turkish channel, is broadcast nationwide, while plans, enhance advertising revenue, and tailor products to the needs and interests of other Turkish channels like TV and Kanal D are audiences. broadcast in the capital. The broadcasting of Sahar TV BUSINESS MANAGEMENT BUSINESS ■ Broadcast ratings and circulation figures are reliably and independently produced.

114 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ lication of Yeni Musavat, Azadlig, Yeni Zaman, Novoye Supporting institutions function in the Vremya, and Baki Haber was stalled for five days. professional interests of independent media Although the former president forgave all newspa- per companies’ debts to the state-run Azerbaijan pub- ■ Trade associations represent the interests of lishing house two years ago, the independent newspapers private media owners and provide member face continuing economic difficulties and are unable to services. finance themselves. The advertising market is limited, ■ Professional associations work to protect and very few newspapers are able to finance themselves journalists’ rights.

from it. Zerkalo and Echo are viewed as the more success- INDICATORS ■ NGOs support free speech and independent ful outlets, in part because they are Russian-language media. publications. Since many of the elites in the country are Russian-educated, these two newspapers are able to draw ■ Quality journalism degree programs that provide in some ad revenues, a panelist stated. substantial practical experience exist. Advertising agencies sometimes are afraid to work ■ Short-term training and in-service training with pro-opposition newspapers, fearing the government programs allow journalists to upgrade skills or pressure not to give ads to those publications. As the acquire new skills. advertising market is very poor, the advertising agen- ■ Sources of newsprint and printing facilities are cies have not expanded their work, and most observ- private, apolitical, and unrestricted. ers believe the advertising market was in better shape in 1999. Subscriptions are not a real source of revenue, ■ Channels of media distribution (kiosks, trans- mitters, Internet) are private, apolitical, and because people simply cannot afford them. INSTITUTIONS SUPPORTING unrestricted.

Objective 5: Supporting Institutions legacy, and journalism faculties prepare journalists who Azerbaijan Objective Score: 1.95/4.00 upon graduation do not know the basic principles of West- ern journalism, according to a panel participant. Media professionals are able to become members of jour- The distribution of print media in the regions is nalism associations and are not always required to pay under government control. There are both private and for membership. Journalism associations provide legal state-run printing facilities. and professional advice and lobby on behalf of journal- ists. For example, the Internews Media Rights Institute, Panel Participants the Ruh Committee to Protect Journalists, the Yeni Aflatun Amashov, chairman, Press Council Nasil Journalists’ Union, the Editors’ Council, and local Fuad Babayev, director, News Department, Space TV human-rights watchdogs expressed concern about the October 27 arrest of Rauf Arifoglu, editor-in-chief of the Gulnaz Bagvanova, editor-in-chief, Mir TV leading opposition newspaper Yeni Musavat. They called Halida Bagyrli, independent media expert on the relevant government agencies to respect the rights Rovshan Hajiyev, editor, Azadlif newspaper of the journalists in Azerbaijan and expressed concern that Arifoglu is being held illegally in jail by law-enforce- Murad Kadymbeyov, deputy editor-in-chief, Echo ment agents while they define the charges fully. newspaper Six journalists of Yeni Musavat were briefly Jahangir Mammadli, professor, Journalism imprisoned, with two recently fleeing the country to seek Department, Baku State University asylum in Norway. Some Yeni Musavat journalists who Khayal Taghiyev, Internews-Azerbaijan came to observe the October 16 riots were subjected to physical violence and insults. Moderator Local and foreign nongovernmental organizations Konul Khalilova, director, International Department, (NGOs) organize media training in Azerbaijan, including 525-ci Gazet newspaper Internews for broadcast journalists. Baku State University and some other universities have journalism departments. Observer However, the education system remains tied to the Soviet Nigar Mamedova, country director, IREX/Azerbaijan

AZERBAIJAN 115 “The legislative basis in general provides for transparency and a competitive environment, although in practice legal requirements are not always fulfilled,” said one panelist. Georgia 117 GEORGIA - - -

Withthe parliamentary elections drawing the Georgian near, Alsoduring the election three year, new broadcasters were Georgianmedia outlets became in so involved the political A major challenge major A Georgian media is regain face to now the tionand new presidential and parliamentary elections in early 2004. became government the toward repressive media. more Abuses and attacksjournalists on and media outlets increased in while frequency, thetried government legislative efforts restrict to media freedoms. The CentralElection Commission ban to proposed broadcasts political of debates50 days Election before Day. launched—TVImedi, TV Mze, and TV 202. Competition viewers for andscarce advertising immediately revenue increased. These stations ostensibly were created shape the to discourse public the to prior elec Introduction eorgia2003 mostspent anticipating of parliamentary the November elections,which widely were viewed as the only means available for bringingreforms. long-desired about When the voting finally took place,large-scale falsification the of results fanned growing discontent withand the widespread economy poor corruption, leading the to that Eduard President forced RoseRevolution Shevardnadze’s resigna tions.Typically in Georgia, media outlets materialize elections, before andoften disappear after the polling is done. processthat they almost abandoned the traditional neutral a of role observer.Opposition leaders used television extensively as to tool a rallythe public. Real-time events had an of coverage enormous impact the on political In the and outcome. pre- post-election period, almost allmedia outlets demonstrated their political alliances, and this con

tinuedwell after the revolution. trust public that was lost during This the revolution. decline was registeredfalls by achieve this, in audiences and To media readership. businesseswill distance to have themselves from the the chaos of transitionperiod—a tough task given the emotional attachment many journaliststhe to political have the by revolution. empowered groups G Objective Scoring Indicator Scoring The averages of all the indicators are averaged to obtain a single, Each indicator is scored using the following system: overall score for each objective. Objective scores are averaged to provide 0 = Country does not meet indicator; government or social forces may actively an overall score for the country. IREX interprets the overall scores as follows: oppose its implementation 3 and above: Sustainable and free independent media 1 = Country minimally meets aspects of the indicator; forces may not actively oppose its implementation, but business environment may not support it 2–3: Independent media approaching sustainability and government or profession do not fully and actively support change 1–2: Significant progress remains to be made; 2 = Country has begun to meet many aspects of the indicator, but progress may society or government is not fully supportive be too recent to judge or still dependent on current government or political forces 0–1: Country meets few indicators; government and society actively oppose change 3 = Country meets most aspects of the indicator; implementation of the indica- tor has occurred over several years and/or through changes in government, indicating likely sustainability 4 = Country meets the aspects of the indicator; implementation has remained intact over multiple changes in government, economic fluctuations, changes in public opinion, and/or changing social conventions

118 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ would be a signifi- “First, pressure Objective 1: Free Speech cant step forward. Georgia Objective Score: 1.98/4.00 One of the occurred through main deficien- beatings, insults, and Freedom of speech in Georgia is guaranteed by the cies of Georgian Constitution adopted in 1995 and the Law on Press media legislation attacks,” said one and Other Means of Mass Media passed in 1991 and is the prosecution panel member. amended in 1994 and 1997. The Constitution prohibits of defamation as a censorship. However, certain legal provisions regulating criminal offense. In “Second, local the media environment are outdated and do not reflect practice, this provi- authorities exert modern realities. “The legislative basis in general pro- sion of the crimi- vides for transparency and a competitive environment, nal code is almost pressure indirectly, although in practice legal requirements are not always never used, and no fulfilled,” said one panelist. For example, the draft criminal defama- although it is clear who law on the Freedom of Press was prepared by leading tion cases have been issues the orders. Third, human-rights nongovernmental organizations (NGOs) registered in the in Georgia and passed in just one parliamentary sitting past year. However, the courts maintain in 2002. However, it has not become law because of a lack panelists and media the most dangerous of political will. As the draft appears to conform to the professionals believe Constitution and to international standards, its adoption that defamation tendency to repress should be regulated the media. Finally, tax by civil law rather Legal and social norms protect and promote than by criminal inspectors can levy free speech and access to public information statutes. excessive taxes against ■ Legal/social protections of free speech exist The Geor- and are enforced. gian National certain outlets.” Communications ■ Licensing of broadcast media is fair, competitive, and apolitical. Commission (GNCC) was created in 2000 to regulate the broadcast sector and grant licenses. The commission ■ Market entry and tax structure for media are fair members are appointed by the president of Georgia. Nev- and comparable to other industries. ertheless, the commission is a legal entity under public ■ Crimes against journalists or media outlets are law and enjoys autonomy in regulating the communica- prosecuted vigorously, but occurrences of such tions sector. The GNCC is accountable to the govern- crimes are rare. ment but is not funded from the central budget. Rather, ■ State or public media do not receive preferential it operates from funds gained through license fees and legal treatment, and law guarantees editorial annual regulation-based fees. Despite this financial sepa- independence. ration, the commission is subject to significant political pressure; panelists cited the resignation of the commis- ■ Libel is a civil law issue; public officials are held to higher standards, and the offended party sion chairman in October 2003 as an example. These must prove falsity and malice. deficiencies aside, however, the MSI panelists almost unanimously viewed the GNCC as a relatively progres- ■ Public information is easily accessible; right of sive and unbiased body. One panelist noted that the access to information is equally enforced for all SPEECH INDICATORS SPEECH FREE media and journalists. commission has been successful in brokering settlements in licensing and intellectual property disputes. Cited as ■ Media outlets have unrestricted access to infor- an example was the commission’s prompt reaction when mation; this is equally enforced for all media the television station Imedi filed a claim against stations and journalists. TV Iberia and Ajara TV, alleging intellectual property ■ Entry into the journalism profession is free, and rights violations. government imposes no licensing, restrictions, The new broadcast law, due to be considered by or special rights for journalists. parliament during 2004, was drafted with the participa-

GEORGIA 119 “When importing tion of the broad- nalists. In Chokhatauri, journalists from the newspaper a computer, media cast media and Guria News were repeatedly beaten and their homes NGO communities. vandalized. Free press and the freedom of speech are outlets have to pay The draft covers the especially alarming in Adjara. The autonomous repub- separate customs transformation of lic has its own Law on Press and Other Means of Mass the state television Media, with some provisions contradicting the Georgian duties for separate and radio system Constitution. The Georgian Young Lawyers Association components, which into public broad- (GYLA) filed a lawsuit challenging the constitutionality casting stations, of these provisions in October 2003, and the case was is a heavy burden,” due to take place expected to be heard by the Constitutional Court. by the end of 2005. Free-press advocates cited cases of interference by said a panelist. Deficiencies in the the Central Election Commission (CEC) before the 2003 current law noted by elections. These include the commission’s suggestion that panelists included the lack of provisions concerning safety it was refusing to accredit the Rustavi 2 television station. standards, an omission that became significant when a In fact, the CEC never issued an official document reject- Kutaisi-based radio station, Dzveli Kalaki, had its antenna ing the accreditation, but the indications made by the removed as a purported health risk in January 2003. With commission were enough to hamstring the station’s activi- no mechanism for certifying such equipment, indepen- ties. In August 2003, the commission adopted a regulation dent broadcasters such as Dzveli Kalaki have little defense. prohibiting political campaigns on television and radio 50 By the time the courts restored the station’s broadcasting days before elections. This regulation was clearly uncon- rights, demonstrators had destroyed the antenna, appar- stitutional and violated basic freedom of speech rights. It ently at the urging of local political interests. was rescinded by a Tbilisi district court after protests by a Georgian media outlets are registered as any other group of Georgian NGOs and media outlets. legal business entity, and market entry and tax struc- The judicial system also is seen as a means of pres- tures are similar to those for other businesses. Print suring the media. During 2003, the outcomes of several media enjoy slightly preferential tax benefits through an civil defamation cases were criticized by media advocates. exemption from the value-added tax (VAT) for printing In one case, the Supreme Court of Georgia held Rustavi 2 and distribution, but are fully taxed on imports. Panel and its journalist Akaki Gogichaishvili liable for defama- members complained about the complicated customs tory statements against the former Minister of Culture. procedures. “When importing a computer, media outlets The defendants were obligated to pay 52,000 GEL (about have to pay separate customs duties for separate compo- $26,000) in moral damages. In the Adjaran Autonomous nents, which is a heavy burden,” said a panelist. Media Republic, the Health Ministry of Adjara sued a local jour- advocates have suggested exempting outlets from import nalist for allegedly defamatory statements. taxes for a five-year period to help build self-sustainable Defamation is regulated by Georgia’s criminal and media, and parliament is considering the proposal. civil codes. Criminal defamation applies when defama- In December 2001, the parliament adopted an tory statements are made in accusing someone of a amendment that barred print and broadcast advertis- crime. However, this provision is used very rarely, and no ing of strong alcohol and tobacco products, cutting off a criminal defamation cases were reported in 2003. Civil major source of income for these media outlets. defamation pertains to insulting someone’s honor or Significant numbers of abuses and attacks on business reputation, and requires the defendant to prove media outlets have been recorded. “First, pressure the validity of the information. Furthermore, a journalist occurred through beatings, insults, and attacks,” said found guilty of defamation must retract the statements one panel member. “Second, local authorities exert pres- through the same media in which they were dissemi- sure indirectly, although it is clear who issues the orders. nated, a penalty that appears to contradict constitutional Third, the courts maintain the most dangerous tendency freedom of speech guarantees. A case brought to the to repress the media. Finally, tax inspectors can levy Constitutional Court was expected to decide the consti- excessive taxes against certain outlets.” tutionality of the civil defamation law. In Akhaltsikhe during April 2003, for example, the Georgia maintains a nearly complete set of laws local government denounced the media in the region and governing access to public information. The freedom introduced an arbitrary accreditation system for jour- of information section of the General Administrative

120 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ Code of 1999 represented a huge step forward, although petitors’ business “Many journalists implementation remains problematic. The law guar- practices. antees access to information that is not a state secret. Balanced who were trained by However, a panel member said the law is used mainly by and well-sourced various international NGOs because journalists are either not familiar with its reporting is still the provisions or are not very active in attempting to obtain exception. The panel organizations now government information. There have been numerous found three reasons: understand what cases in which courts have upheld journalists’ attempts many journalists to obtain public information, but these suits were initi- do not comply with balanced reporting ated mainly by NGOs. Some journalists were reluctant to ethical norms and implies. But they seek legal recourse because the courts are unpredictable professional stan- and state officials do not always respond to court deci- dards because they find it difficult to sions, a panelist said. lack the skills and Although Georgian law does not provide for knowledge to do so; implement these preferential legal treatment of state-owned media, these influential political principles in practice,” outlets do have better access to information and accredi- and business groups tation than private outlets. Regional media have more force media to pres- a panelist said. difficulty obtaining information than city-based outlets ent subjective infor- and suffer from poor infrastructure and the lack of a mation; and interested parties block certain information. professional cadre of local government officials. The law One panelist suggested that the government intentionally obligates public bodies to designate a person responsible nurtured a compliant media sector. for providing public information, but such appointments Censorship is also a major problem. Journalists are often either are not made or go to poorly trained person- not always allowed to disseminate balanced information nel who make obtaining information an extremely time- due to the intervention of their editors or media owners. consuming process. Consequently, many journalists stop checking sources The GYLA has drafted an amendment to shorten and cease to make reporting factual information a prior- the law’s current maximum 10-day waiting period for requested information to be made available. Access to international news and news sources is Journalism meets professional standards of not restricted by the government. However, the Internet quality is not readily available in all regions, and many regional ■ Reporting is fair, objective, and well sourced. media outlets cannot pay for access. Anyone can become a journalist in Georgia, and ■ Journalists follow recognized and accepted no special licenses are needed to enter the profession. ethical standards. Journalists generally do need yearly or even quarterly ■ Journalists and editors do not practice accreditation to attend official events, with the rules set self-censorship. by each government branch. Regional journalists find it INDICATORS more difficult to obtain access or accreditation for spe- ■ Journalists cover key events and issues. cific events, according to one panel member. ■ Pay levels for journalists and other media professionals are sufficiently high to discourage corruption. Objective 2: Professional Journalism ■ Entertainment programming does not eclipse Georgia Objective Score: 1.94/4.00 news and information programming. ■ Panelists agreed that the level of media professional- Technical facilities and equipment for gathering, producing, and distributing news are modern ism remains low. Journalists, editors, and owners easily and efficient. surrender to political or financial pressures. The govern- ment often uses one outlet to suppress another, and tends ■ Quality niche reporting and programming to treat the independent media as a political opponent. exists (investigative, economics/business, local,

PROFESSIONAL JOURNALISM PROFESSIONAL political). Similarly, companies may use the media to attack com-

GEORGIA 121 “We need a mechanism ity. Some editors of adhering to it. We have to address this concern in an try to pay more for institutionalized way.” that will allow citizens articles that are Niche journalism is rare in Georgia. Panelists to complain when the better researched agreed that there is definitely public interest in the sub- and written, but jects that specialist reporters might cover, and one panel ethics code is violated,” this approach is not member in print media noted the success of the youth a panelist said. common. “Many publication her newspaper launched recently in the journalists who impoverished Guria region of Georgia. were trained by var- The line between editorial content and advertising ious international organizations now understand what is blurred in many media outlets. A group working on balanced reporting implies. But they find it difficult to the ethics code faced strong resistance from media rep- implement these principles in practice,” a panelist said. resentatives when attempting to incorporate a provision Many media outlets practice self-censorship and requiring code signatories to differentiate advertising justify it by stating that it is their duty to safeguard civil from editorial content. Upcoming elections intensified order. There is a broad spectrum of taboo topics, includ- the resistance because hidden political advertising is an ing state security. Religion is another topic journalists try important source of income for many newspapers. to avoid. “No journalist wants to work on these issues. It’s not that they don’t want to express their opinions. They don’t even want to cover the facts,” a panelist said. Objective 3: Plurality of News Sources In many cases, the government prevents some media Georgia Objective Score: 2.10/4.00 outlets from covering controversial issues and punishes others for covering them. The times when people hid in their basements to listen to Media managers do not encourage better jour- Voice of America and Radio Liberty have passed. There nalism practices. At many outlets, wages are low, work are no political or legal restrictions on access to local conditions poor, and employment unstable. The maxi- or global media. Financial and technical constraints mum Guria News can offer to an investigative journalist mean, however, that only 9 percent of the population can is 50 GEL (about $25), a panel member said. Television journalists earn marginally more than their print coun- terparts. The poor pay tends to force qualified journal- Multiple news sources provide citizens with ists to seek employment in other professions and makes reliable and objective news them susceptible to corruption. Some journalists and ■ A plurality of affordable public and private news editors regularly accept bribes for reporting as well as not sources (e.g., print, broadcast, Internet) exists. reporting certain stories. Even the best-financed television stations do not have ■ Citizens’ access to domestic or international the most up-to-date equipment. However, many media media is not restricted.

outlets in Tbilisi and regionally have the basic equipment INDICATORS ■ State or public media reflect the views of the

needed to obtain and produce news and information. entire political spectrum, are nonpartisan, and In the spring of 2003, an ethics code for media was serve the public interest. completed. It is in full compliance with international ■ Independent news agencies gather and distrib- standards, and several media outlets and journalists ute news for print and broadcast media. have adopted it. However, some panelists see the code as ■ Independent broadcast media produce their own essentially symbolic because it was promoted by inter- news programs. national and local civil society groups and not by media professionals. Many see the creation of a Media Council ■ Transparency of media ownership allows as the next step. “We need a mechanism that will allow consumers to judge objectivity of news; media ownership is not concentrated in a citizens to complain when the ethics code is violated,” a few conglomerates. panelist said. “There are newspapers in this country that have no editorial policy and adhere to no ethical code. ■ A broad spectrum of social interests are Some signed onto the ethical code without any intention reflected and represented in the media, includ-

PLURALITY OF NEWS SOURCES NEWS OF PLURALITY ing minority-language information sources.

122 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ subscribe to international press, access the Internet, or Objective 4: Business Management view international television programs. Cable television is only available in Tbilisi and several regional centers. Georgia Objective Score: 1.44/4.00 Most people living in rural areas cannot afford to buy even local press. These people often lack the electricity to There are several private publishing houses in Tbilisi. watch television. The government is not able to exert control over all of Regional media outlets are often under the strict them, but in late 2003 the local Adjara authorities barred control of local authorities. For example, the govern- a local printing house from printing the Gazeti Batu- ment of the Adjara Autonomous Republic regularly turns melebi. A panelist said printing costs remain the high- off television transmitters and electric power, as well as est expense for newspapers both in Tbilisi and in the halting entire press runs, just to prevent the people from regions. Most printing houses in Tbilisi are inefficient, watching programs or reading articles critical of the outdated, and badly managed. Newspapers are forced to regional government. In November 2003, for example, closely supervise the printing process, wasting time and Rustavi 2 was turned off in Adjara. resources on fixing technical problems. Most media outlets are concentrated in Tbilisi and In western Georgia, the only private printing focus largely on the capital. Information from Tbilisi is houses are in Batumi and Kutaisi. However, hardly any not adequately disseminated in the regions. Georgians independent newspapers can afford printing at these living in many regions outside the city depend solely on facilities. Almost all independent regional newspapers local media because Tbilisi newspapers generally send are printed in Tbilisi. Many smaller regional newspa- only a few copies to the regions, with Alia and Kviris pers depend on passenger buses to deliver master copies Palitra notable exceptions. to printing houses in Tbilisi. Consequently, local news Panelists mentioned that local news agencies pro- included in regional newspapers is not as current as it vide satisfactory and affordable services, although some could be. are affiliated with business interest groups. Few media Newspaper distribution is a rather chaotic pro- outlets can afford international news agencies. Media cess. Distribution networks in Tbilisi are well organized, ownership information is not readily available. Registra- but expensive. In fact, newspaper distribution is a more tion documents can be requested from the courts, but they do not always indicate the true ownership structure. Political groups nonetheless continue to define editorial Independent media are well-managed policy at many outlets, and Georgians therefore must businesses, allowing editorial independence have the ability to read between the lines to understand ■ Media outlets and supporting firms operate as how a media outlet is allied. efficient, professional, and profit-generating Nationwide, approximately 25 television and 12 businesses. radio stations produce their own news. Not all regional stations have the resources to produce their own pro- ■ Media receive revenue from a multitude of sources. grams. Even the stations that can generate their own material struggle to keep a regular production schedule. ■ Advertising agencies and related industries INDICATORS Financial difficulties forced some radio stations in Tbilisi support an advertising market. to halt production. ■ Advertising revenue as a percentage of total State-owned media produce minority-language revenue is in line with accepted standards at programs, as do some independent media. For example, commercial outlets. “Parallel” is a jointly produced news program broadcast ■ Independent media do not receive government three times per week in Georgian and Armenian by five subsidies. small regional stations. Radio Hereti broadcasts news and educational programs in Georgian and Russian, and ■ Market research is used to formulate strategic Green Wave Meskheti airs programs in Georgian and plans, enhance advertising revenue, and tailor products to the needs and interests of Armenian. Ethnic group and vulnerable group issues are audiences. not adequately covered by the mainstream media. BUSINESS MANAGEMENT BUSINESS ■ Broadcast ratings and circulation figures are reliably and independently produced.

GEORGIA 123 “Circulation of profitable busi- a new tender before a court decision. Tbilisi Press Club newspapers depends ness than news- activists filed a lawsuit challenging the legitimacy of the paper production. privatization. As a result, the Mtatsminda-Krtsanisi largely on the capacity Approximately 20 regional court suspended the privatization process. A of the distributor and private distribution decision favoring the plaintiffs would help the media companies of vary- industry avoid the monopolization of the print distribu- less on the potential ing sizes operate tion network, and offer the chance for industry profes- number of readers,” in Georgia. Some sionals to take part in a legitimate bidding process. are part of publish- Media have limited sources of income. The adver- said a panelist. “It ing groups because tising market is small and underdeveloped, and busi- publishers burdened nesses hesitate about advertising for fear of getting the depends on how much by high distribution attention of tax authorities. Many media outlets accept this or that company prices were forced to contributions from business and political groups to establish their own survive. For most newspapers, 80 to 90 percent of income can distribute.” networks. originates from copy sales. However, the poor quality In Tbilisi, and relatively high price of print products depress sales. print media are readily available. Some newspapers reach Panelists calculated the average income of an average regional centers, but almost none get to remote areas. newspaper: a newspaper that sells for 50 Tetri (about Panelists believe that the lack of infrastructure and low $.25) spends up to purchasing power of the rural population limit distribu- 20 Tetris on print- tion. Guria News, however, built a commercially sustain- ing one issue and “Advertising able distribution network in the Guria region. Guria News up to 15 Tetris on agencies always subcontracted a postman in every village to deliver the its distribution. paper. The delivery people could keep 30 percent of the Approximately 15 work for national money from newspaper sales and 20 percent from ad pro- Tetris from each stations. They are ceeds they brought in. Guria News has never experienced sold copy goes a shortage of classified ads and announcements since this toward expenses not interested in the new business strategy began. such as rent, equip- regional market despite Newspapers do not pay for distribution. Distribu- ment, salaries, tors sell newspapers, collect the money, and keep 12 to and so on. With the fact that we are 25 percent from each sold copy. Publishers are not able low subscription popular among the local to compile sales data. Publishers are forced to trust the numbers and few distribution numbers provided. Often publishers receive advertisers, it is population and offer money from newspaper sales three to four months late. therefore very diffi- “Circulation of newspapers depends largely on the capac- cult for newspapers them very low prices,” ity of the distributor and less on the potential number of to survive on just stated a panelist. readers,” said a panelist. “It depends on how much this or copy sales. that company can distribute.” Advertising agencies usually do not show much Market conditions force newspapers to work with interest in regional media. “Advertising agencies always several different private distributors. Almost all news- work for national stations. They are not interested in papers cooperate to some extent with the state-owned the regional market despite the fact that we are popular distribution service Sakpressa because of its relatively among the local population and offer them very low broad geographic reach. In October 2003, the Ministry of prices,” says a panelist. There are exceptions. Five small Economy, Industry, and Trade began the privatization of regional stations in southeastern Georgia managed to Sakpressa. A tender was announced, and the winner was attract advertising from a large advertising agency for the identified as a person already associated with the group news program “Parallel.” Panelists listed radio stations that owned several print distribution facilities. Many such as Fortuna and 105 that have been successful in believe the tender was illegal and cite a year-old case attracting advertising. regarding this privatization—still pending in court— which prevents the ministry from the right to announce

124 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ Large television stations such as Imedi use adver- varying degrees of success. Publishers of Akhali Versia tising agencies and their own agents. “It is very difficult studied the market before launching the weekly newspa- for advertising agencies themselves to attract advertis- per and successfully occupied a niche identified by their ing,” according to a panel member. “Our income from research. TV Imedi established a research unit with 10 advertising is not very high. That’s why we work to employees. According to a panelist, the research helped secure different sources of income. We produce soap the television station identify its niche in the market and operas and other programs and actively seek buyers in develop programming. But Imedi decided to close the the NIS and world markets. We already sold some of unit after a year, as it was expensive and less useful after them successfully.” the initial startup. Cheap classified ads and personal announcements Most regional newspapers are weeklies, although such as greetings and obituaries represent the most a few newspapers are published twice a week. The total common ads for small regional media outlets. Panel- circulation of 22 regional weeklies amounts to 50,000 ists noted that telecommunications companies tend to copies. The total circulation of the six leading Tbilisi cooperate with small media more readily than others. weeklies and those papers published three times per week Bartering is also a common practice, as some companies amounts to 200,000 copies. The total circulation of the offer regional media outlets their services or products five leading Tbilisi dailies is 18,000 copies. in exchange for advertising time. It was difficult for panelists to specify what percentage of outlets’ income is derived from advertising, although those representing Objective 5: Supporting Institutions small regional outlets acknowledged that their ad income Georgia Objective Score: 2.34/4.00 is much less than the funding they receive from interna- tional organizations. Panelists are divided on the role of media associations State-owned media benefit from exclusive adver- in Georgia. Some feel that NGOs, not media associa- tising rights and guaranteed subscriptions from state tions, are the most reliable supporters of media. NGOs agencies. For example, when the government announces defend the rights of journalists, provide expert advice, a tender for a state contract, the announcement is pub- and supply them with leads for investigations. Others lished in pro-government newspapers. Such newspapers point to the benefits of associations. “Both the Georgian are paid for printing these ads. There are no available credible broadcast ratings, Supporting institutions function in the circulation numbers, or audience demographics. Media professional interests of independent media outlets rarely commission audience research and do not base their editorial decisions on research findings. ■ Trade associations represent the interests of Broadcasters generally believe that research companies private media owners and provide member conduct biased and unprofessional market research. Edi- services. tors and journalists claim that they modify their prod- ■ Professional associations work to protect ucts in response to market demands, although often they journalists’ rights.

learn about these “market demands” through rumors INDICATORS and guesswork. ■ NGOs support free speech and independent media. Audience research consists of research conducted by independent organizations and research conducted ■ Quality journalism degree programs that provide by the media outlets themselves. Even small regional substantial practical experience exist. newspapers conduct limited research. For example, the ■ Short-term training and in-service training newspaper P.S. developed questionnaires, the radio programs allow journalists to upgrade skills or station Dzveli Kalaki took phone calls during radio acquire new skills. programs, and radio station Hereti and newspapers like ■ Sources of newsprint and printing facilities are Kviris Palitra and Asaval Dasavali opened up feedback private, apolitical, and unrestricted. boxes. “Kviris Palitra and Asaval Dasavali are so popular because they listen to their readers,” a panelist said. ■ Channels of media distribution (kiosks, trans- Tbilisi newspapers do conduct market surveys mitters, Internet) are private, apolitical, and SUPPORTING INSTITUTIONS SUPPORTING unrestricted. occasionally. However, they apply research findings with

GEORGIA 125 “The NGO sector National Associa- GNAB and Free Press have also been active in tion of Broadcasters shaping media legislation. During 2003, GNAB lob- is defining media (GNAB) and the bied for changes in the tax code and in the Law on Post self-regulatory Georgian Radio and Telecommunications. In August, the parliament Network are work- approved an amendment to the law that prohibited the mechanisms and ing hard to lobby GNCC from revoking licenses without a court decision. media legislation, for our interests,” However, the GNAB was less successful in lobbying for said one panelist. a tax exemption on income earned from advertising and but the associations Another believes planned to continue pressing for this change. The GNAB of journalists or that these two orga- also lobbied against banning tobacco and alcohol adver- nizations were criti- tising in broadcast media, but without success. publishers are not as cal in preventing Meanwhile, Free Press developed a draft law actively involved in this conflicts between granting tax ben- broadcasters and efits to print media “As an employer, process. This can be increasing coopera- that is currently tion in the sector: under government I often encounter attributed to the “Before, we did not review. “Due to the ‘products’ of the disorganization and know each other. falling circulation Now we meet and numbers and a journalism schools,” passivity of media,” help each other out highly unfavorable a panelist said. according to a with advice, equip- taxation system, ment, information, the general envi- “I have to spend a lot panel member. whatever is needed.” ronment for print A third panelist sug- media in Georgia of time and money on gested these organizations can play an important role in had drastically improving their skills.” regulating relations between authors and media manage- degenerated,” said ment and eradicating unlicensed program production a panelist. “Today from the television market. the only media outlets that can survive are part of larger In 2003, the GNAB and Georgian Associa- corporations and are run by people who can afford to tion of Publishers and Broadcasters Free Press suc- invest vast amounts of money in media without taking ceeded in increasing communication within the media into consideration the outlets’ capacity for sustainable sector. They were instrumental in mitigating conflicts development. Therefore, we approached the govern- between member broadcasters, lobbying for legislation, ment with a request to declare a moratorium on taxes for and defending the freedom of expression. GNAB was media for a period of five years. This moratorium would registered in January 2003 and currently includes 47 ensure that we are not left with media closely connected members. The Georgian Association of Publishers and with the government and mafia clans.” The new parlia- Broadcasters Free Press, operating initially from 1994 to ment was expected to consider the draft law in 2004. 1997, renewed its activities in November 2002. Free Press There are problems in developing these associa- includes 34 titles nationwide. tions, all of which have faced difficulties in collecting In August 2003, Free Press mediated a conflict membership dues. “Members were more willing to between the publisher and editor of the magazine Stereo. pay, while Free Press was lobbying for a tax exemption. The association concluded that the publisher had not When the process was temporarily delayed, they stopped violated any ethical standards. Free Press also decided to paying,” a participant said. Some media organizations create a sample employment contract for media outlets in are just not motivated. “The NGO sector is defining order to avoid future disputes. GNAB also discussed the media self-regulatory mechanisms and media legislation, overlapping frequencies of two of its members—Imedi but the associations of journalists or publishers are not as TV and Ninth Wave. GNAB applied to the GNCC to actively involved in this process. This can be attributed allow Ninth Wave to increase the power of its transmit- to the disorganization and passivity of media,” according ter. As a result, the regulatory body issued a permit to to a panel member. Ninth Wave.

126 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ Many panelists expressed gratitude to the GYLA fully evident. “As an employer, I often encounter the and the Liberty Institute, a Georgian NGO, for support- ‘products’ of the journalism schools,” a panelist said. ing media. The Liberty Institute was key to developing “I have to spend a lot of time and money on improving and lobbying for a new broadcast law. GYLA trained their skills.” journalists on election-related legal issues. It also argued Short-term courses organized by international a case in court against CEC attempts to ban pre-election organizations are accessible for many journalists. debates on television, provided legal aid to journalists, However, these courses are not meant as a substitute for and taught many how to request public information. a college education and are not sufficient for obtain- Neither public nor private journalism schools can ing practical skills. There is high demand for long-term ensure a modern or quality education for their students. trainings in the regions, especially regarding niche The low caliber of instruction and resources are pain- reporting topics.

GEORGIA 127 Panel Participants Malkhaz Ghughunishvili, lawyer, Georgian Young Lawyers’ Association (GYLA)

Akaki Gogichaishvili, journalist, “60 Minutes” (Rustavi 2), Tbilisi

Nato Gubeladze, founder and editor-in-chief, P.S. news- paper, Kutaisi

Gia Kevlishvili, founder, TV Tvali, Sagarejo

Tamar Kintsurashvili, deputy director, Liberty Institute, Tbilisi

Irakli Machitadze, director, Radio Dzveli Kalaki, Kutaisi

Khatuna Maisashvili, founder and editor, New 7 Days newspaper, Tbilisi

Ia Mamaladze, founder and manager, Guria News news- paper, Chokhatauri; chairman, Regional Media Associa- tion of Georgia

Ramaz Samkharadze, director, Radio Hereti, Lagodekhi

Irakli Sharabidze, lawyer, TV Imedi, Tbilisi

Soso Simonishvili, executive director, Free Press, Tbilisi

Mamuka Todua, director, TV Ninth Wave, Poti

Tamar Tsilosani, executive director, Georgian National Association of Broadcasters (GNAB), Tbilisi

Moderators Sophie Chaava, IREX/Georgia

Lia Chakhunashvili, IREX/Georgia

Observer Keti Bakradze, USAID/Caucasus Office of Democracy and Governance

128 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ Russia and Western Eurasia129 RUSSIA AND WESTERN EURASIA “Licensing of broadcasters depends on the political situation. The government has been engaged in ‘cleansing’ TV stations.” Belarus 131 BELARUS ------

Despitegrowing dissatisfaction public with Lukashenko, the Nonetheless,Lukashenko retained overwhelming political Facedwith Alexander President stagnant a Lukash economy, ing,highly restrictive, and often retroactive regulations, making it allimpossible independent enterprises for but survive. to Unemploy ment remained ment percent, 2 officially), very (under low widespread but and underemployment continuing inflation difficult more it made for thecitizen average make to ends meet. Meanwhile, the government half-heartedlypursued currency proposed a union with Russia (slated 2005) and for an eventual and economic political union, although ambivalenceboth on sidesleft the future this of union very uncertain. politicalremained opposition marginalized. In the local elections political March nongovernment of 2003, parties mustered only 600 candidatesthe for 24,000 available seats. scandals public Very over campaignfinances further undermined the third A opposition. the of registeredcandidates opposition in the local elections still managed to winextensive despite manipulation the of results the by administra tion.Several strikes small by business owners reflected new willinga ernmentharassment, the worsening situation was reflected in sharp a dropin the Media Sustainability Belarus for Index (MSI) compared with2002. nesspublicly opposeadministration to policies and actions. and control advantage took this of systematically by moving repress to theindependent media and monopolize to information channels in Belarus.While news media some backfought effectively against gov Introduction 2002, n the Committee Protect to Journalists declared Belarus (CPJ) countries worst the of 10 in one in the which world be journalist. a to Inthings 2003, worse. got

enko’s government turned government firmly its back enko’s even more the on West, relyingincreasingly assistance on and the forgiving from debt of Russiaand the on sale state-owned of enterprises Russian to interests. TheLukashenko intensified government its interventionist, top-down managing continued to hinder to It approach the growth the economy. small of and mid-sized businesses under an avalanche ever-chang of I Objective Scoring Indicator Scoring The averages of all the indicators are averaged to obtain a single, Each indicator is scored using the following system: overall score for each objective. Objective scores are averaged to provide 0 = Country does not meet indicator; government or social forces may actively an overall score for the country. IREX interprets the overall scores as follows: oppose its implementation 3 and above: Sustainable and free independent media 1 = Country minimally meets aspects of the indicator; forces may not actively oppose its implementation, but business environment may not support it 2–3: Independent media approaching sustainability and government or profession do not fully and actively support change 1–2: Significant progress remains to be made; 2 = Country has begun to meet many aspects of the indicator, but progress may society or government is not fully supportive be too recent to judge or still dependent on current government or political forces 0–1: Country meets few indicators; government and society actively oppose change 3 = Country meets most aspects of the indicator; implementation of the indica- tor has occurred over several years and/or through changes in government, indicating likely sustainability 4 = Country meets the aspects of the indicator; implementation has remained intact over multiple changes in government, economic fluctuations, changes in public opinion, and/or changing social conventions

132 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ Through presidential decrees, new regulations, Objective 1: Free Speech and politicized court rulings, the government steadily tightened restrictions on freedom of speech and the press Belarus Objective Score: 0.54/4.00 (along with those on religious freedom, peaceful assem- bly, and movement). New draft laws on the press and on The Belarusian government’s attitude toward free speech “informational security” were pending at year-end and was perhaps best summed up by Information Minister were expected to further restrict the independent media. Mikhail Padhayny, who said in an interview with an Specific forms of repression included criminal independent Belarusian weekly that any articles pub- prosecution of journalists for alleged slanders against lished by independent media should be in line with the Lukashenko and other officials; seizures of television interests of the state, and warned independent media not cameras and equipment from regional television sta- to forget that. Panelists recalled this when registering a tions; warnings and orders suspending publication significant decrease in the protections for free speech and of five newspapers; seizures of several print runs of access to information during 2003. papers that had received official suspensions or that While the Constitution of Belarus contains some had angered local officials by reporting on corruption; norms on the subject, in practice government agen- and harassment and closure of nongovernmental orga- cies often circumvent these by targeting critical stories, nizations (NGOs) providing assistance to independent broadcasts, public demonstrations, or meetings. The media, including ordering the International Research court system, meanwhile, routinely violates constitu- & Exchanges Board (IREX) and Internews to close tional guarantees by issuing politicized rulings that are their programs and offices in Belarus. The government clearly at odds with Belarusian laws, but that are in line ordered the re-registration of all television stations, pres- suring independent broadcasters to cede partial owner- Legal and social norms protect and promote ship to government officials under threat of closure. It free speech and access to public information ordered local governments not to grant new newspaper registrations and ordered all printing presses in Belarus ■ Legal/social protections of free speech exist not to accept any contracts from new newspapers, or and are enforced. from “dormant” newspapers that might resume publica- ■ Licensing of broadcast media is fair, competitive, tion under new management. and apolitical. At the same time, the government announced the creation of a third national state television channel and ■ Market entry and tax structure for media are fair began building a new regional network of state televi- and comparable to other industries. sion and radio stations. It began systematically renovat- ■ Crimes against journalists or media outlets are ing state printing presses and increased assistance to the prosecuted vigorously, but occurrences of such president’s newspaper, Sovietskaya Belarussia. Using the crimes are rare. state-controlled press as its propaganda arm, the govern- ■ State or public media do not receive preferential ment also conducted cross-media campaigns with anon- legal treatment, and law guarantees editorial ymous articles to foment baseless accusations against independence. independent media, NGOs, or opposition politicians. ■ Libel is a civil law issue; public officials are held After two years of modest improvement in the to higher standards, and the offended party various indices for media development, 2003 represented must prove falsity and malice. a sharp and severe setback on all fronts, with 2004 likely ■ to bring further deterioration. With Lukashenko mull- Public information is easily accessible; right of access to information is equally enforced for all ing a referendum to give himself an extra-constitutional INDICATORS SPEECH FREE media and journalists. third term in office, all indications are that his efforts to stifle the independent media will continue. ■ Media outlets have unrestricted access to infor- mation; this is equally enforced for all media and journalists.

■ Entry into the journalism profession is free, and government imposes no licensing, restrictions, or special rights for journalists.

BELARUS 133 “State media clearly with the wishes of offenses against the honor and dignity of public offi- state prosecutors. cials. The editor of Navinki was fined $700 for an article receive preferential In recent insulting the honor and dignity of Lukashenko. Lead- legal treatment, just as years, Belarusian ing opposition paper Narodnya Volya was fined nearly journalists had $25,000 for defaming a state broadcasting official and they do in every other became more was the target of two related defamation suits at the end way,” said one panelist. adept at defending of 2003. Enforcement of the press law is selective, with themselves against warnings and lawsuits almost exclusively targeting inde- government harass- pendent rather than state media outlets. “State media ment and intimidation, but the government struck back clearly receive preferential legal treatment, just as they do in 2003 with a barrage of orders, lawsuits, court rul- in every other way,” said one panelist. ings, and extra-judicial actions. It suspended the leading While independent media outlets in many cases independent daily Belaruskaya Delovaya Gazeta (BDG) came to one another’s aid, and provided more coverage and its supplement DSP, along with the newspapers Pred- of free-speech issues than in the past, there was little prinimatelskaya Gazeta, Ekho, and Navinki, for allegedly public outrage at the government’s repression of the violating the country’s press law. (Navinki, for example, media. Belarusian society as a whole remains conserva- was suspended for three months for printing a cartoon tive, polite, and complacent. that poked fun at Lukashenko’s receding hairline.) Broadcast licensing remains problematic. The When BDG found various means to continue pub- broadcast licensing commission is not independent, but lishing (as a supplement within friendly papers, and then rather controlled closely by the Lukashenko administra- by printing in Russia), the government retaliated against tion. Official procedures favor state media, and unofficial anyone who assisted the paper. Police confiscated a print practices are used to make independent broadcasters run of BDG in June, fired the director of a state print- censor themselves. In 2003, the government required ing house who had allowed an issue to be printed there, all independent broadcasters to re-register and issued and punished papers that had helped BDG keep print- none-too-subtle warnings that broadcast outlets that ing. For example, police ordered a government printing stepped out of line could expect problems. According to house to cancel its contract with Mestnya Gazeta Shag, one panelist, “Licensing of broadcasters depends on the in Baranovichi, and administratively closed the offices political situation. The government has been engaged in of the newspaper Solidarnost for alleged but unspecified ‘cleansing’ TV stations.” violations of advertising regulations. In general, tax and regulatory procedures put The government seized several print runs of the independent media at a huge disadvantage, compared opposition newspaper Novaya Gazeta Smorgon, arrested with state media. Local authorities routinely deny new its distributors, and then forced the paper to close over licenses, making it increasingly difficult to start new alleged licensing violations. When the newspaper Den news outlets; independent media are forced to pay far announced it would reopen in June after its 2002 closure, higher postage and distribution fees; and tax and other government officials ordered or pressured every printing authorities selectively enforce regulations to put eco- press in Belarus to refuse to print the paper. Den was still nomic pressure on independent news outlets. seeking a printing venue at the end of 2003. Crimes against journalists remained rare. The The State Control Committee investigated inde- government preferred other means to stave off media pendent television stations, seizing equipment from sta- investigations or to conduct reprisals against investiga- tions in Gomel and Mogilov. The government expelled a tive journalists. One regional paper had its print run reporter from the Russian broadcaster NTV in June and seized and was denied future access to the state distribu- then ordered NTV to close its Minsk news bureau after tion and postal systems after publishing an investigation the reporter covered the funeral of dissident writer Vasil of misuse of local public health funds. Bykov, at which an estimated 50,000 people took part in While Belarusian law guarantees independent an anti-government protest. and state-owned media equal access to information, in The government and government functionar- practice that law goes completely unenforced. Govern- ies used Belarus’s press law to go after other media. ment officials routinely deny independent media access That law, in violation of international norms, includes to information or public meetings. And while many criminal as well as civil penalties for defamation and for journalists have been trained on their rights, even those

134 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ journalists say that is of limited help when state officials Objective 2: Professional Journalism know they will not be held accountable for refusing to comply with it. A panel member explained further, “The Belarus Objective Score: 1.25/4.00 government is reducing access to information. Under Decree 300 official bodies have the right to classify their Concern about whether journalists and news outlets are activities top secret, and that applies to the Ministry of practicing greater self-censorship in the face of govern- Interior, the Ministry of Culture, other ministries, the ment repression led to a decrease in confidence in the oblast committees, and anything to do with the Cher- professionalism of journalism during 2003. nobyl issue. They are clearly hiding public information.” In general, the standard has been improving, with International news outlets (whether print, radio, more journalists aware of their ethical obligations in pro- or television) require the permission of the Ministry of viding information to the public and of the importance Information to be distributed or aired in Belarus. Most of having multiple sources and checking facts. To be media outlets have access to the Internet; Russian media sure, many opposition publications retain a strident tone. are available throughout the country, and Lithuanian But the understanding of fair, objective reporting has and Polish broadcasters reach northern and western improved, thanks to the efforts of international trainers Belarus. The limitations are financial. Most outlets and organizations such as the Belarusian Association of cannot afford to subscribe to international news wires; Journalists, which has promulgated a code of ethics in most Belarusians cannot afford either the price of sub- line with internationally recognized standards. Many scribing to foreign publications or of buying the satellite of the country’s most popular independent newspapers dishes or cable that give access to international broad- are seen as striving for objectivity and a high standard casts. However, with cable and Internet fees falling, and of professionalism—including BDG, Belarusky Rynok, with greater access to both services in the regions, access Intex-Press, Gazeta Slonimskaya, and Brestsky Kurier. to international information is becoming more possible. Few news organizations, however, have adopted The state can and does interfere with international news their own codes of ethics, and it is still common in both organizations that report in Belarus, as shown by the the state and independent media to see single-source ouster of NTV and the harassment of Radio Liberty. articles and overtly subjective reporting. Paid articles, in Entry into the study of journalism is open to anyone, though the government closed the country’s only non-state journalism school in 2003. Students graduat- Journalism meets professional standards of ing with journalism degrees theoretically are subject quality to “distribution” laws that allow the government to tell ■ Reporting is fair, objective, and well sourced. them where they must work for their first two years; in practice, most can sidestep that requirement. ■ Journalists follow recognized and accepted Journalists are not licensed. However, the govern- ethical standards. ment requires accreditation for many events, ranging ■ Journalists and editors do not practice from sessions of parliament to access to local government self-censorship. meetings. Investigative and opposition journalists have INDICATORS reported having their accreditations removed. ■ Journalists cover key events and issues. In late September 2003, the Ministry of Informa- ■ Pay levels for journalists and other media tion drafted a new media law that it was expected to professionals are sufficiently high to discourage send to the Belarusian parliament sometime in 2004. corruption. Among other restrictive changes, the draft law would ■ Entertainment programming does not eclipse ban Belarusian media outlets from receiving donations news and information programming. or property from foreign donors outside Belarus. The law ■ also would create a government-run “public advisory” Technical facilities and equipment for gathering, producing, and distributing news are modern council to control the media, though to what degree and and efficient. in what form was unclear. ■ Quality niche reporting and programming exists (investigative, economics/business, local,

PROFESSIONAL JOURNALISM PROFESSIONAL political).

BELARUS 135 “It’s harder and harder which reporters or as leading to greater self-censorship. In the previous two publications publish years, the independent press had begun to cover stories to maintain and advertisements such as strikes, protests, investigations of government upgrade equipment, as disguised as news services, and so on more aggressively than at any time articles, remain since before the 1999 presidential election. In 2001 and the economic situation common. Political 2002, news media that covered such topics responsibly keeps worsening,” said parties seek to buy largely avoided any problems. But in 2003, writing fair and favorable coverage responsible stories did not protect news outlets against one panelist. in their fight against government reprisals. The courts also offered no protec- the Lukashenko tion, with politicized judges almost uniformly ruling in administration, and given the economic constraints favor of the government, regardless of the facts of the case. under which most news outlets operate and the abys- “I don’t remember ever saying to a journalist, ‘Don’t pub- mally low salaries of reporters, it is easy to find a journal- lish,’ but there is pressure,” said one panelist, an editor. ist who will slant a story to suit a patron. Journalists also Under the press law, any outlet receiving three sometimes take payments not to cover a story. One pan- warnings (and in some cases, two warnings) can be sum- elist observed that the market for paid stories was weak marily suspended or closed. The fact that outlets—such in 2003 because there were no national or parliamentary as BDG—that did not self-censor were repaid with elections, and that in 2004 many more paid articles were warnings and suspensions led many news organizations likely to be published. to be far more cautious in their coverage of anything that At a leading paper such as BDG, most journalists could offend the government. are paid the equivalent of $50 a month; the pay is lower at Regional publications and broadcasters, in partic- smaller papers and at most regional papers and broadcast- ular, saw themselves as vulnerable to political reprisals; ers. During BDG’s three-month suspension, several of its they also were more wary of writing stories that might journalists left to take higher-paying jobs at state newspa- drive away any of their small base of advertisers. pers. The editor of Intex-Press in Baranovichi noted that At the same time, the quantity and frequency of news the local state paper pays double the salary he can afford broadcasts by independent television stations increased, as for reporters—and the state paper gets more advertising, has the quality, particularly in the regions. Several regional since state subsidies allow it to charge a much lower rate. broadcasters won international awards for documentary Especially in the regions, low salaries often drive promis- news productions in 2003. The technical facilities at most ing reporters to leave the profession and encourage the news outlets remained problematic. Reporters must share practice of selling coverage to supplement incomes. computers, and some have no computers. Except as pro- The profession as a whole remains sharply divided vided by foreign donors, most outlets lack digital cameras, between the state and non-state media. State-owned media laptop computers, digital recorders, and other reporting remain overtly propagandistic and do not provide coverage equipment that is standard in the West. Many television that could be considered critical about anything having to stations have a single digital camera—and no vehicle with do with the government, its policies, or societal problems. which to travel to gather news. Most outlets rely on foreign At the same time, state journalists enjoy higher pay (thanks donors to afford Internet access. “It’s harder and harder to to subsidies for state media, which do not have to seek a maintain and upgrade equipment, as the economic situa- profit), better benefits, better access to information, and tion keeps worsening,” said one panelist. often a higher social status. “The local state-owned paper Newspapers depend on state printing houses and, pays double our salaries, though we have much higher to a large extent, on state distribution and postal systems; circulation and more advertising,” said a panelist working the exorbitant fees they must pay make it difficult for for a non-state outlet. As a result, many of the journalists them to operate profitably. Some newspapers have devel- at independent publications either are younger and less oped extensive self-distribution systems, but most are still experienced or view themselves as foot soldiers in the fight heavily dependent on state-controlled distribution. against an authoritarian regime. Either case works against a Some high-quality niche reporting is done. In par- standard of fair and professional reporting. ticular, several national newspapers provide comparatively Several panelists cited the government’s aggres- good business and economic coverage, thanks to reporters sive attacks against independent media, particularly the and editors who have received specialized training from many warnings issued by the Ministry of Information, international media assistance organizations. Such organi-

136 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ zations are the only source of such training; state journal- frequency. Though “Is information ism schools remain mired in Soviet-era approaches and Kanal 8 came back do not provide practical journalism training. on the air with a available on who new transmitter, its owns what newspaper? power is low and its Objective 3: Plurality of News Sources reach very limited. The average news Belarus Objective Score: 0.93/4.00 The state will not consumer can’t tell allow Kanal 8 to be A comprehensive effort by the Lukashenko government carried on cable. how objective the to suppress the independent media and to monopolize The situation information in a information channels to put out a single, state-controlled is somewhat better message contributed to a dramatic drop in the sources of in the regions, where medium is without news available in Belarus, panelists agreed. 17 independent While the average Belarusian can afford to buy television stations, knowing that.” newspapers and has access to television, that does not all with news broad- necessarily translate into ready access to a plurality of casts, potentially reach about 80 percent of the regional news sources. Two state television channels and a state population. But those stations focus primarily on local, radio network cover the entire country, but under the rather than national, news. And in response to govern- tightened control of the Lukashenko administration, ment pressure, almost all became very cautious in their the broadcasters speak with a single voice. Two Russian news coverage in 2003. One panelist noted that constant channels are available across most of the country, but checks by the Ministry of Information effectively intimi- they offer little Belarusian news. Most Minsk residents date many outlets into curtailing potentially risky news do not have access to the capital’s only independent coverage. FM radio stations throughout the country offer broadcaster, Kanal 8. When this station became a signifi- very limited news coverage, and that, too, has become cant source of independent news in 2001, with a poten- more circumspect under pressure from the state. tial reach of 3.6 million people, the state took away its Many independent newspapers continue to publish and are readily available on both the national and regional level. And while many leading papers are Multiple news sources provide citizens with working to create their own systems of distribution, the reliable and objective news reach of the national newspapers in the regions remains spotty. The state uses its near-monopoly of distribution ■ A plurality of affordable public and private news sources (e.g., print, broadcast, Internet) exists. channels and sales outlets to limit the reach of indepen- dent national newspapers. Also, state newspapers receive ■ Citizens’ access to domestic or international subsidies and pay far lower printing, postage, and dis- media is not restricted. tribution fees, allowing them to sell for half or less what

INDICATORS ■ State or public media reflect the views of the independent newspapers must charge to survive.

entire political spectrum, are nonpartisan, and As a result, Minsk residents enjoy the greatest serve the public interest. access to independent news sources, followed by residents ■ Independent news agencies gather and distrib- of the regional capitals. Belarusians in remote regions, ute news for print and broadcast media. on rural farms, and in small villages sometimes have no access to independent print, television, or radio. ■ Independent broadcast media produce their own news programs. Internet use continues to grow slowly. Its reach follows the same pattern as the other media, with ■ Transparency of media ownership allows access declining the farther one lives from Minsk or the consumers to judge objectivity of news; regional capitals. Fewer than one in 10 Belarusians report media ownership is not concentrated in a having ever used the Internet, and only a small percent- few conglomerates. age of them say they use it regularly. So far the govern- ■ A broad spectrum of social interests are ment does not block access to Internet news sources, but reflected and represented in the media, includ- Lukashenko has ordered the Ministry of Information to

PLURALITY OF NEWS SOURCES NEWS OF PLURALITY ing minority-language information sources. develop tighter regulations on the medium.

BELARUS 137 Few legal restrictions exist on access to foreign governments have gained minority interests in local news sources; rather, the obstacles are economic. Cable television, using shell companies to hide their owner- is relatively affordable and available in Minsk but less so ship. Several panelists, however, noted that Belarusian outside the capital. (Then, too, few Belarusians speak or consumers can tell who owns a media outlet (or at least understand English, which makes the availability of news with what interests the owner is affiliated) based on the sources such as BBC and CNN on cable of limited util- outlet’s content and coverage. ity.) Few Belarusians can afford their own computers or While most Belarusian independent media do Internet access, and the number of Internet cafés or free cover social issues, their efforts are limited because resource centers remains small. relatively few regional reporters have received adequate No “public” media exist in the Western sense. The training, and the state severely limits access to informa- government uses state media almost purely for propa- tion or statistics that might cast Belarus (or local gov- ganda, including smear campaigns against other sources ernments) in a negative light. When broadcasters report of information. State media are closed to alternative aggressively on social problems (as with stories in 2003 views or comments, with coverage of the opposition by Skif-TV in Orsha on heating and water supplies and limited to partisan attacks against them. abandoned children, and stories by Intex-TV in Bara- Among the independent media, there are opposi- novichi and Nireya-TV in Gomel about the Chernobyl tion newspapers that criticize the state just as stridently nuclear disaster), local authorities focus on silencing the as the state media attack the opposition. But many inde- reporting rather than addressing the issues raised. pendent outlets strive to be nonpartisan, and are seen by The greatest sensitivity in covering minority issues the public as such. has to do with coverage of religious topics. Orthodox The leading independent news agency, BelaPan, dominates in Belarus and has official legal came under tremendous pressure from the state in 2003, status. Several regional journalists who covered other with the government ordering state media to drop BelaPan “sects” reported being harassed by local officials and and rely exclusively on the state news agency, Belta. Bela- Orthodox Church leaders. Minority-language media, Pan could not compensate by raising its rates, as all but the such as those in Polish in western Belarus, can publish largest independent news media already only could afford without special restrictions. to subscribe with the help of foreign assistance. At the end of 2003, BelaPan faced an uncertain future. Television broadcasters were faring better. In 2003, Objective 4: Business Management independent broadcasters had increased their production Belarus Objective Score: 0.90/4.00 of news programming by 74 percent over two years earlier, with 10 of the 17 independent regional stations produc- Aggressive state interference made it increasingly dif- ing daily news, compared with just three in 2001. With the ficult for media outlets to succeed as businesses during help of high-speed Internet links, four stations (in Orsha, 2003, reversing more positive assessments for the past Vitebsk, Borisov, and Polotsk) were exchanging video news two years that had reflected significant management packages and advertising on a daily basis, further increasing improvements made by many outlets. their ability to provide local viewers with regional news. International organizations provided extensive Media ownership in Belarus is not concentrated or business training to media outlets, with correspond- controlled by a small number of conglomerates. How- ing improvements in accounting, business planning, ever, ownership is not transparent. According to one marketing, advertising, and other business practices. panelist, “Is information available on who owns what But the obstacles, especially with regard to printing and newspaper? The average news consumer can’t tell how distribution, also grew. The state owns or indirectly objective the information in a medium is without know- controls every printing press in Belarus. While even ing that. We can’t say who owns ONT or STV; they’ve opposition papers such as Narodnya Volya had been able been declared as ‘independent,’ but their directors are to print on state presses (albeit for far higher fees than appointed by the president.” The structure of owner- state papers paid), the Lukashenko administration began ship and limited access to information obscures the true more directly using its control of the presses in 2003. The control of many independent news media. This allows director of one state press was fired after he allowed an rumors (about Russian ownership, for example) to affect issue of the suspended newspaper BDG to appear under the credibility of some newspapers. Some city and local the flag of another newspaper. And presses throughout

138 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ the country were ordered not to print certain newspapers BDG isn’t the only “National and local (Den, Mestnya Gazeta Shag, and Pagonya, for example), example. Den can’t and not to print either new newspapers or any dormant get a printing house; authorities strongly papers that were reactivated. While the newspaper BDG Mestnya Gazeta Shag interfere in printing solved this problem by finding a printing press in Russia, couldn’t find a place other newspapers could not afford the higher shipping after it helped BDG.” and distribution. BDG cost. The government also requires presses to reserve Meanwhile, isn’t the only example. the use of four-color printing for state publications, and apparently under independent newspapers must pay print costs in advance orders of the central Den can’t get a printing while state papers can pay up to months afterward. government, the house; Mestnya Gazeta Distribution, too, is largely state-controlled. The Minsk city govern- only way in much of Belarus to provide home delivery is ment closed all inde- Shag couldn’t find through the state postal system, which charges indepen- pendent sales kiosks dent newspapers triple the fees it charges state papers. in central Minsk a place after it Independent papers must pass on the cost to readers, and during 2002 and helped BDG.” publishers say independent newspapers’ fees are used to 2003. The Minsk subsidize the cost of delivering state papers. suburbs and the oblast capitals began following suit in late Meanwhile, the state distribution system, which 2003. In 2003, the government also adopted several new delivers to state-owned kiosks and sales outlets, also laws that require the licensing of distribution and sales charges a huge price differential to independent newspa- points, giving the government a tool to block the creation pers. As with state printers, both the postal system and of alternative distribution schemes. distribution company refused in 2003 to carry various There are existing alternative distribution compa- newspapers that had been suspended or warned by the nies—Roszerk, which primarily distributes magazines, Ministry of Information—even after those suspensions and BelKP Press, which publishes the Belarusian edition ended. A panelist explained that “national and local of Moscow’s Komsomolskaya Pravda and distributes it authorities strongly interfere in printing and distribution. and several other papers to the regions. But both said they would not carry newspapers suspended or banned by the state. Meanwhile, many newspapers, including Independent media are well-managed Intex-Press, BDG, Brestsky Kurier, Brestskaya Gazeta, businesses, allowing editorial independence Kurier iz Borisova, and Mestnya Gazeta Smorgon, among others, developed extensive self-distribution systems ■ Media outlets and supporting firms operate as efficient, professional, and profit-generating through which they delivered at least half their circulation businesses. (with that figure reaching 80 percent for Intex-Press and, before its forced closure by the government, 100 percent ■ Media receive revenue from a multitude of for Mestnya Gazeta Smorgon). How much further this sources. admirable development can go, though, remains to be ■ Advertising agencies and related industries seen, since the Lukashenko government appeared to be INDICATORS support an advertising market. moving to regulate and restrict independent distribution. ■ Advertising revenue as a percentage of total The sources of media financing are varied, but revenue is in line with accepted standards at not entirely healthy. Due to the weak economy and commercial outlets. government policies that strangle small and mid-sized businesses, Belarus has a stunted advertising environ- ■ Independent media do not receive government subsidies. ment. The many businesses that operate in the shadow economy do not advertise, for obvious reasons. In addi- ■ Market research is used to formulate strategic tion, unlike in the West, advertising is not considered plans, enhance advertising revenue, and tailor a tax-deductible expense, and government regulations products to the needs and interests of audiences. limit the amount that can appear in a newspaper to no more than 30 percent of its space. By comparison, Euro- BUSINESS MANAGEMENT BUSINESS ■ Broadcast ratings and circulation figures are pean and US newspapers routinely carry 60 to 70 percent reliably and independently produced. advertising. Most business enterprises, meanwhile, can

BELARUS 139 spend no more than 2 percent of revenue on advertising. conduct surveys and ratings research, but independent In addition, state media enjoy an enormous advantage broadcasters cannot afford to access that information in competing for what advertising is available, using and instead rely on their own amateur surveys. As a their subsidized status to offer far lower rates than the result, ratings do not drive editorial or broadcast policies independent media. Also, the government forbids state to any significant degree. enterprises, which dominate the economy, from advertis- ing in independent media. This forces independent media to rely on subscrip- Objective 5: Supporting Institutions tion and sales. Here, too, the government intervenes, Belarus Objective Score: 1.02/4.00 using regulations to keep prices—and revenue—artifi- cially low. Regional broadcasters, facing an even leaner A sustained government attack on NGOs, professional advertising market, rely heavily on the sale of private associations, and other assistance organizations pro- messages (birthday greetings, for example). Although duced a significant decline in support for independent regional broadcasters have a rudimentary network, they media. have not been able to agree on a common broadcast- There are underdeveloped trade associations in ing schedule that would allow them to compete with Belarus, including the Foundation for the Development the state channels for national advertising. They, too, of the Regional Press, an organization of regional pub- face competition with artificially low advertising rates lishers and editors, and the Television Broadcast Network charged by the state channels (as low as $25 a minute). (TBN) for regional television managers. In practice, these As a result of all these constraints, independent organizations provide few benefits to members and rarely media tend to be very vulnerable to pressure. Political work collectively. TBN, for example, theoretically runs parties and businesses buy space and favorable cover- a central office to buy programming collectively and to age. When international donors provide assistance, they gain national advertisers for the regional stations. But must beware of a tendency on the part of media outlets due to poor management, it provides meager sales and to tailor coverage to please their sponsor. Many newspa- revenues. The foundation, meanwhile, primarily gains a pers depend on outside assistance to survive and develop, volume discount for its members on newsprint purchases even though those sources are not sustainable. This is less true among regional television stations, having received less donor assistance. Radio stations, with lower Supporting institutions function in the operating costs, are more easily able to operate profitably professional interests of independent media but have been less significant as a source of news. Market research firms do operate in Belarus, but ■ Trade associations represent the interests of mostly for the benefit of the government or the few interna- private media owners and provide member tional companies that advertise in Belarus. Their services services. are beyond the means of media outlets, except when inter- ■ Professional associations work to protect national donors subsidize such research. Surveys funded journalists’ rights.

by international assistance organizations provided outlets INDICATORS with some information, and many have developed in- ■ NGOs support free speech and independent media. house, albeit less sophisticated, research efforts to be able to provide advertisers with information about their readership ■ Quality journalism degree programs that provide or viewing audience. “It’s a dream to use annual marketing substantial practical experience exist. research,” said one panelist. Circulation figures in Belarus ■ Short-term training and in-service training remain suspect, as there are no independent outside audit- programs allow journalists to upgrade skills or ing firms. The Ministry of Information performs audits, acquire new skills. but independent newspapers do not trust the results, which ■ Sources of newsprint and printing facilities are focus on print runs rather than copies distributed. As a private, apolitical, and unrestricted. result, many state papers show circulations that appear to be much higher than their actual readership. ■ Channels of media distribution (kiosks, trans- There is no independent means through which mitters, Internet) are private, apolitical, and SUPPORTING INSTITUTIONS SUPPORTING unrestricted. broadcasters can assess their viewership. Some firms

140 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ and provides some training, but it has not been effective around, and many promising performers leave the field in at advocating for its members against state repression. search of better-paying professions. The Belarusian Association of Journalists (BAJ), For practicing journalists, substantial short-term which in 2003 won the World Press Association’s Golden training opportunities still exist, mostly run and funded Pen award for defending press freedoms, brings together by international agencies. Some have sought opportuni- independent journalists and attempts to protect their ties to provide more support in response to increased rights through lobbying, legal assistance, and train- repression, but obstacles have been raised by the govern- ing. But while BAJ works effectively, its resources are ment, including new restrictions barring news media in stretched to the breaking point by the challenges its Belarus from accepting foreign grants. members face. Internal differences sometimes hamper As discussed previously, printing facilities in the association’s effectiveness, and it, too, has been inves- Belarus are controlled by the state, favor state papers, tigated and harassed repeatedly by the government. Some and are used as weapons against independent papers. journalists will not join the association, considering it Similarly, the state predominantly controls distribution politicized. Human-rights groups such as Charter 97 and channels, manipulating them to limit the reach of inde- the Belarus Helsinki Committee monitor press freedom, pendent media—and in some cases to destroy them. publicize violations, and are accessible to journalists While some radio and television transmitters throughout the country. The government shut down remain in private hands, the government uses licensing several indigenous human rights organizations in 2003. and registration procedures to limit broadcasters’ indepen- The Ministry of Justice ordered all Belarusian NGOs dence. Internet access also is controlled by the government, to provide copies of their registrations and lists of all and while interference with access to information on the their grant sources, employees, and planned events in an Internet has been sporadic, all signs point to the likelihood apparent prelude to a “cleansing” of NGOs seen as linked of more systematic approaches soon. One panel member to the political opposition or the independent media. asked, “Will we face more severe controls? Both local One difficulty for groups supporting indepen- authorities and the Ministry of Information interfere, and I dent media is that the government is indifferent to its see more difficulties ahead with licensing and distribution.” international image. For example, when the government drafted a new press law, it refused to make copies avail- Panel Participants able publicly, even to the Organization for Security and Andrey Bastunets, attorney, Law Center for Media Pro- Cooperation in Europe, as required by its membership tection, Belarusian Association of Journalists (BAJ) in that organization. While BAJ obtained a leaked copy, it is unclear whether that draft reflected the version the Zhanna Litvina, president, Belarusian Association of government was preparing to pass. Article 19, an inter- Journalists national NGO that monitors freedom of expression, took Vadim Losev, board member, Foundation for Local Press an active role in analyzing the draft and bringing its Development shortcomings to international attention. During 2003, the government closed the only inde- Pyotr Martsev, publisher, Belaruskaya Delovaya Gazeta pendent journalism degree program in Belarus. While state universities offer journalism degrees, their programs Leonid Mindlin, television consultant, board member, largely follow the Soviet model and do not meaningfully Belarusian Association of Journalists prepare students to practice journalism in the Western Robert Ortega, resident advisor, IREX/ProMedia Belarus sense. In addition, the dwindling number of international assistance organizations has eliminated training programs Vladimir Yanukevich, director, Intex-Press Publishing offered to journalism students. The US-funded Muskie House, Baranovichi program has produced some practicing journalists, and some students study in Moscow. Overall, though, panelists Moderator said programs abroad offer only a trickle of trained young Andrei Vardomatski, director, Novak Market and journalists. There are enough media outlets to absorb Opinion Research graduating journalism students. In fact, the problem is that there are not enough well-trained journalists to go

BELARUS 141 The use of the state media as “a weapon of propaganda for the destruction of political opponents” is also a significant problem, a panelist said. Moldova

Introduction he media environment in Moldova deteriorated in 2003, with state and legal pressure on the independent press intensifying. The governing party continued to control the state-owned media, only pretending to transform radio and television into public institutions, panelists said. There was special concern about an article in the new criminal code punishing libel with five years in prison and cancellation in the new civil code of the ceiling on monetary compensation for moral damages. The media sector includes state, party, and commercial outlets. With few exceptions, they depend on funding sources beyond their T business revenues and allow editorial interference by these sponsors from government, political parties, and businesses. Panel members criticized the lack of editorial independence, especially in the state- funded outlets, which are rife with unrestrained censorship. The use of the state media as “a weapon of propaganda for the destruction of political opponents” is also a significant problem, a panelist said. The lack of media independence stems from many factors: insufficient revenues and difficulties in attracting capital, self-censor- ship, poor management, and no advertising market to deliver profits in an environment of fair competition. However, panel members noted that independent newspapers and broadcasters exist in Moldova, and some measures show increasing public trust in the media. There are professional broadcasts as well as quality print journalism, but panel members gave a low general rating to Moldovan journalism. Access to the mass media is not obstructed legally, but it is a financial burden for producers and consumers, especially in areas outside the capital. Newspapers are delivered after a significant delay. Although private distributors have appeared, their market share is insignificant and the state-owned network continues to function as a near monopoly. State-controlled television and radio are the most accessible media for consumers nationwide. A small number of radio stations cover about two-thirds of Moldova’s territory, and there are international stations accessible everywhere. The few television sta- tions with national coverage rebroadcast programs from Russia and

MOLDOVA 143 Objective Scoring Indicator Scoring The averages of all the indicators are averaged to obtain a single, Each indicator is scored using the following system: overall score for each objective. Objective scores are averaged to provide 0 = Country does not meet indicator; government or social forces may actively an overall score for the country. IREX interprets the overall scores as follows: oppose its implementation 3 and above: Sustainable and free independent media 1 = Country minimally meets aspects of the indicator; forces may not actively oppose its implementation, but business environment may not support it 2–3: Independent media approaching sustainability and government or profession do not fully and actively support change 1–2: Significant progress remains to be made; 2 = Country has begun to meet many aspects of the indicator, but progress may society or government is not fully supportive be too recent to judge or still dependent on current government or political forces 0–1: Country meets few indicators; government and society actively oppose change 3 = Country meets most aspects of the indicator; implementation of the indica- tor has occurred over several years and/or through changes in government, indicating likely sustainability 4 = Country meets the aspects of the indicator; implementation has remained intact over multiple changes in government, economic fluctuations, changes in public opinion, and/or changing social conventions

144 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ Romania, but no private television station with national ity of using public “There is pressure coverage exists, thanks to government controls. As telecommunication Moldova has been redivided into regions (raion), local networks for car- on businesspeople authorities have resumed publishing their own news- rying out extrem- not to advertise with papers, thus limiting the opportunities for independent ist activities” press in the provinces. Internet access in the countryside expose the media the press that the is free, but limited due to lack of infrastructure. Private to double-barreled authorities don’t like, printers are opening, but the state still owns the large restrictions. Article printing houses. 19 argued that “the and to advertise Panel members mentioned that media cover- media are sent a instead with the pro- age is distorted and biased, especially during election signal by which campaigns. During the most recent local elections, the they are shown that governmental press.” authorities used the media (especially the state out- they are under a lets) to promote their interests. Many media outlets are special regime of restrictions concerning the materials essentially mouthpieces of political parties. Panelists also they can publish or broadcast.” mentioned that journalists failed to associate profession- The Media Sustainability Index (MSI) panel par- ally and that cleavages within the journalistic commu- ticipants agreed that new laws on the media have been nity are encouraged by the authorities, who have reverted adopted practically overnight without debate in the press to the Soviet practice of creating “pocket NGOs.” or consultations by experts. There also is concern that the true motivations for the laws are obscured. As one Objective 1: Free Speech Legal and social norms protect and promote Moldova Objective Score: 1.59/4.00 free speech and access to public information

The Constitution of Moldova, passed in 1994, guarantees ■ Legal/social protections of free speech exist the freedom of expression and the right to information. and are enforced. Censorship is prohibited. However, state authorities have ■ Licensing of broadcast media is fair, competitive, passed a number of laws obstructing the liberties guar- and apolitical. anteed by the Constitution. On July 12, 2003, the new civil and criminal codes ■ Market entry and tax structure for media are fair came into force. Article 16 of the civil code, which refers and comparable to other industries. to “the protection of professional honor, dignity, and rep- ■ Crimes against journalists or media outlets are utation,” removed the ceiling on compensation for moral prosecuted vigorously, but occurrences of such damages. Media experts believe this article could consid- crimes are rare. erably affect the ability of the press to report objectively, ■ State or public media do not receive preferential because of the threat of lawsuits brought against the legal treatment, and law guarantees editorial media. They also are concerned about an article in the independence. criminal code that penalizes libel with prison terms of ■ Libel is a civil law issue; public officials are held up to five years, saying it may be used to intimidate the to higher standards, and the offended party media and seriously threaten freedom of expression. must prove falsity and malice. In February 2003, the Law on Fighting Extrem- ■ ist Activities was passed on the initiative of Moldovan Public information is easily accessible; right of access to information is equally enforced for all President Vladimir Voronin. Civil society representa- INDICATORS SPEECH FREE media and journalists. tives in Moldova, opposition political leaders, and a number of international human rights organizations ■ Media outlets have unrestricted access to infor- criticized this law. London-based Article 19 addressed mation; this is equally enforced for all media and journalists. a letter to the president requesting that he not sign the law. The article of the law that references “the liability ■ Entry into the journalism profession is free, and of media outlets for disseminating information with an government imposes no licensing, restrictions, extremist character” and another on “the inadmissibil- or special rights for journalists.

MOLDOVA 145 As one panelist panelist explained, Other means of creative censorship are used against “Ostensibly noble independent media, according to panel members, but explained, “Ostensibly intentions very often they are a form of intimidation that cannot be proven. noble intentions hide anti-demo- One participant mentioned sudden tax inspections. cratic, authoritar- Another said, “There is pressure on businesspeople not to very often hide ian interests of the advertise with the press that the authorities don’t like, and anti-democratic, governing party.” to advertise instead with the pro-governmental press.” For example, The Broadcasting Coordinating Council (BCC), authoritarian the Law on the a panel to which the president, government, and par- interests of the Local Public Broad- liament each appoint three members, is not impartial, casting Institution panelists said. They cited the July 2003 council decision governing party.” was adopted on to monitor the Moldovan office of the Russian television December 25, only station First Channel on the grounds that the council two weeks after being proposed in parliament. Accord- had received complaints from viewers that the station ing to one panelist, the stated declarations of com- “failed to present balanced news coverage.” munist deputies concerning the need “to close a gap in The state-run media do not officially enjoy pref- the national legislation” hid their “desire to subdue the erential legal status, but it is clear that private media are Chisinau municipality’s radio and television stations.” discriminated against. State media are exempt from VAT Experts mention that transforming the state (value-added tax), state newspapers pay below-market rent, Teleradio-Moldova into a public institution under a and state journalists enjoy the privileges of being public law adopted in July 2003 has been inexcusably delayed. servants. When Prime Minister Vasile Tarlev visited the Under pressure from the Council of Europe, the law government newspaper Moldova Suverana, he promised was amended in March 2003 to drop the requirement that “he would order businesses in which the state held that the parliament approve the members of the Coun- the majority of shares to advertise with the government cil of Observers, the new public company’s main board newspaper” (Moldpres, August 14, 2001). He has kept his of governors. Even so, there are many indications that word. Moreover, the government orders public institutions the government manipulates the Council, including a and state-run businesses to subscribe to governmental move in October 2003 to circumvent it by liquidating newspapers. A September 2003 BCC decree said “businesses Teleradio-Moldova and creating a new public institu- wishing to create new television stations, regardless of the tion. The parliament argued that this was the only way location, will receive licenses only on the condition that to transform the state company into a public institution, they rebroadcast the national channel Moldova 1.” but opponents said it was simply a way for the governing BCC allocates radio and television broadcast party to get rid of “disobedient” journalists. licenses and frequencies, and MSI panelists contended There are cases that demonstrate the government’s that resolutions favor the governing Communist Party hand in state television programming. For example, a since its members have been selected based on their November 2002 edition of the talk show “Buna seara” degree of loyalty. Some BCC members who are also radio (Good Evening) discussing the Transnistrian settlement and television station managers have been appointed in was suspended because the leader of the communist violation of the law against conflicts of interest. faction in parliament refused to participate. Also, in So far, the BCC has not developed a clear strategy December 2003, national radio news department direc- for the development of broadcasting in Moldova. Panel tor Valentina Ursu was forbidden to host her morning members criticized the BCC for its partisan distribution show of many years because she was older than 35 and of licenses and especially for failing to take issue with “ought to concentrate on management.” Supporters said broadcasters that do not meet license requirements. Pan- her interviews of opposition politicians were the real elists said the BCC does not have a monitoring system to problem. The Moldovan president recognized, albeit verify how license holders meet broadcast requirements. indirectly, the opposition’s blocked access to the state- Also, according to radio station Vocea Basarabiei, “by controlled broadcasts when he said the main television indulging stations loyal to the government and spread- channel should include one hour of weekly programming ing unfounded claims regarding the editorial policy of featuring opposition party members. The station com- stations critical of the state, the BCC has demonstrated plied with President Voronin’s demand. ‘political servitude.’”

146 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ The Center for Monitoring the Information Space bodies request “The general trend is (SIMON) report on media monitoring showed that “in fees or delay long the process of applying for broadcast licenses the major- enough to render that these legal ity of applicants declared their commitment to producing the material obso- provisions are used and broadcasting local programs. But by the end of 2001, lete. In 2003, press their actual fare (of the private radio and TV stations) was officers were sued by abusive public limited to rebroadcasting programs from other coun- for the first time for servants in order to tries”—primarily Russia, followed by Romania. refusing to provide Another negative trend in 2003 was a sharp public information, protect their false increase in the number of abuses against journalists and two suits were public dignity and take and cases in which access to information and freedom even successful. The of expression were limited. At the end of 2002, the BCC Court of Appeals revenge on journalists,” decided not to renew radio station Vocea Basarabiei’s ordered the Center license. Besides its own programs, this station rebroad- for Fighting Eco- a panelist said. casts Radio Free Europe and Voice of America. Vocea nomic Crimes and Basarabiei was able to resume only three months later Corruption and the General Prosecutor’s Office to supply due to the intervention of international organizations. In information requested by the Association of Independent January 2003, the director of Accente weekly was assaulted. Press, but neither institute immediately complied. In March, the spokesperson of the General Prosecutor’s Journalists sometimes are barred from government Office was dismissed for disclosing to the media a case of events. On December 3, 2002, the editor-in-chief of Mol- abuse of power by the parliament’s deputy speaker Vadim davskie vedomosti weekly, Dmitrii Ciubasenco, was not Misin. In April, the Information and Security Service allowed to attend a press conference given by the presi- and the Prosecutor’s Office interrogated the director of dent. The manager of the president’s office building said radio station Antena C, the producer of one of its call-in he had received clear orders not to admit Ciubasenco. programs, and several listeners and callers on the grounds Access to international sources of information and that the program “permitted indecent expressions.” Under news is not limited, but the finances of media outlets are pressure, Antena C suspended the program. In May 2003, a barrier. the Chisinau Prosecutor’s Office searched the offices of The Moldovan authorities have not imposed labor the Flux daily to find out who wrote an article about the restrictions on media professionals, except for accredita- alleged involvement of the former honorary consul of tion requirements. Foreign journalists are mandated to Lebanon in Chisinau in weapon sales to Islamic terrorist receive accreditation from a government ministry. groups. In July 2003, the director of the news department of the state-run news agency Moldpres, Cornelia Cozonac, was dismissed after she made public that she had been Objective 2: Professional Journalism ordered to publish news from the president’s press service Moldova Objective Score: 1.20/4.00 without any editing. Journalists continue to be prosecuted for libel Professionalism is gaining ground in Moldova, but it and defamation. “The general trend is that these legal competes with biased, unprofessional journalism. Some provisions are used by abusive public servants in order produce objective or analytical articles and programs, to protect their false public dignity and take revenge on but many others accept commissions to produce tenden- journalists,” a panelist said. Panel members noted that tious, distorted stories. Journalists from the state-run in the absence of an independent judicial system, judges media churn out shameless propaganda in favor of the obey the authorities and issue rulings against journalists. governing party. Tight control over information continues. At the same time, however, surveys have shown Although the Access to Information Law was adopted an increase in the population’s trust in the media. three years ago, public affairs officers continue to oppose According to a survey conducted in November 2002 by journalists’ requests. According to the law, any legal resi- the Center for Sociological Studies ILIGACIU, media dent of Moldova may request any information or docu- are second only to the church as the most credible ment from public bodies or institutions for any reason. social institution. There are no clear procedures, however, and some state

MOLDOVA 147 Journalism meets professional standards of During As one panelist quality election periods, most media outlets explained, “There ■ Reporting is fair, objective, and well sourced. support political are bad journalists camps. According to ■ Journalists follow recognized and accepted who are well paid, ethical standards. the IJC/ILIGACIU survey, 81.8 per- and there are good ■ Journalists and editors do not practice cent of respondents self-censorship.

INDICATORS believe that jour- journalists who are ■ Journalists cover key events and issues. nalists in Moldova paid extremely poorly.” engage “to a con- ■ Pay levels for journalists and other media siderable extent in professionals are sufficiently high to discourage corruption. political partisanship at the expense of the principles of free journalism.” Self-censorship is a common practice in ■ Entertainment programming does not eclipse both public and private media. As with state-run media, news and information programming. the owners of some private outlets institute certain taboo ■ Technical facilities and equipment for gathering, topics. producing, and distributing news are modern The precarious economic situation of journal- and efficient. ists contributes to a lack of professionalism. The Journalist’s ■ Quality niche reporting and programming Profile survey has shown that 50 percent of journalists have a exists (investigative, economics/business, local, monthly salary under 1,000 lei (about $76), while 37 per-

PROFESSIONAL JOURNALISM PROFESSIONAL political). cent earn between 1,000 and 2,000 lei per month (between $76 and $150). About 1,325 lei is considered the minimum A serious barrier to professional journalism is the “consumer budget,” according to the government. The same limited access to information. According to a survey con- survey shows that 52 percent of journalists have a second job ducted by the Independent Journalism Center (IJC)—a to supplement their income. Some media professionals resort media-support nongovernmental organization (NGO)— to political advertising and other services for political parties and ILIGACIU, 83.8 percent of journalists believe that during campaigns. Salaries do not always depend on perfor- the Access to Information Law is not implemented in mance. Instead, they may relate to media owners and their practice. Meanwhile, 81.8 percent say that Article 34(2) connections in business or political circles. As one panelist of the Constitution, which obligates public institutions to explained, “There are bad journalists who are well paid, and provide accurate information to citizens, is not observed. there are good journalists who are paid extremely poorly.” The code of ethics adopted by the Union of Jour- Most radio and television stations have their own nalists in May 2000 requires that a clear distinction be broadcasting equipment, including transmitters. Public made between information and opinion. The code also company Teleradio-Moldova and a number of private banned the acceptance of compensation from third par- radio stations, including several Russian stations, use the ties for the publication of stories. However, the code is services of the state company Radiocomunicatii. Telera- not fully observed. Moreover, the ILIGACIU survey has dio-Moldova has serious technical problems, with more shown that 27.8 percent of interviewed journalists are not than 80 percent of its equipment considered obsolete. very familiar with ethics codes, and 38.5 percent rec- Investigative journalism “never appears,” panel- ognize that they sometimes work in ways incompatible ists stated. However, there have been some successful with professional standards. One significant violation attempts in this area. The Association of Independent occurred during the recent local election campaign when Press, representing private media owners, created an the director of the national television station, Ion Gonta, investigative team, and its reporting was published in showed hidden-camera footage of two female investiga- member newspapers. But with the authorities so uncon- tive newspaper journalists in a sauna. The director later cerned about disclosures made by the media, journalists was barred from the Journalists’ Union of Moldova and wonder whether investigative journalism is worth the was accused of violating the ethics code, by “discrediting risks, the expense, and the threat of lawsuits. the profession of journalism and damaging the credibil- ity of the media as a whole.”

148 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ Objective 3: Plurality of News Sources Moldovan “The government citizens have access Moldova Objective Score: 1.74/4.00 to domestic and often imposes international media political subjects in According to the Moldpresa SA catalogue, 64 newspapers without political, and 44 magazines were distributed nationwide at the end legal, or technical order to distract the of 2003. About 20 percent of the national newspapers barriers, limited public’s attention from are published by state bodies, and only eight newspapers only by finances. (12.5 percent) were open about their political affiliations. In 2003, however, more real subjects.” Also, about 70 local and regional publications exist in the authorities Moldova (including the Gagauz Autonomous Region and halted the operation of TV Romania 1, Pervyi kanal v Transnistria), of which almost half are funded from local Moldove, Vocea Basarabiei, and Ekho Moskvy for periods public budgets. of one week to several months. Moldovans have access According to SIMON monitoring, the Moldovan to international radio stations such as BBC, VOA, Radio broadcasting market features 116 television outlets (four Free Europe, and Radio France Internationale. A variety public, 36 private, and 77 cable operators). There are 32 of international television channels are also available. For private local radio stations (three public, 26 private, and example, French TV5 is rebroadcast by a local station, and three broadcast by wire). Several radio stations cover CNN can be received via cable operators. TVR1, Antena 1, about 70 percent of the country (Antena C in Chisinau, Acasa, Prima TV, and PRO TV are accessible from Roma- and private stations HitFM and Russkoe Radio). Besides nia. Channel 1 is beamed from Ukraine. Moscow-based public TV Moldova 1, two other channels have nation- stations are rebroadcast fully or partially. wide coverage—Russian state television’s First Channel Western and Romanian newspapers are too and Romania’s state TVR1. Political parties do not own expensive to find through normal channels, and it does radio or television stations. Internet access is underdevel- not help that distribution networks in Moldova are not oped, and in rural areas it is not available. trying to bring them in. On the other hand, Russian newspapers, as with Russian radio and television, are sold at reasonable prices and dominate the media market in Moldova. Multiple news sources provide citizens with In the best-case scenario, a family can afford to sub- reliable and objective news scribe to or buy only one publication. According to a recent survey commissioned by the Institute for Public Policies, ■ A plurality of affordable public and private news sources (e.g., print, broadcast, Internet) exists. about 22 percent of people do not read newspapers at all, and 10 percent read them less than once per week. ■ Citizens’ access to domestic or international In contrast with Chisinau, rural areas do not have media is not restricted. many information options. Many villages have no news-

INDICATORS ■ State or public media reflect the views of the stands, radio programs are not received regularly, and

entire political spectrum, are nonpartisan, and only one or two television channels are available. Print serve the public interest. media reach villages after lengthy delays. ■ Independent news agencies gather and distrib- National state radio and television (Radio Moldova ute news for print and broadcast media. and TV Moldova 1) do not reflect the entire political spectrum and serve as the governing party’s propaganda ■ Independent broadcast media produce their own news programs. machine, panelists concluded. One explained, “As during Soviet rule, public television has taboo topics—names ■ Transparency of media ownership allows and lists of people who by no means can participate in consumers to judge objectivity of news; programs. The weekly program ‘Opposition Hour,’ intro- media ownership is not concentrated in a duced in early December, confirms the fact that the oppo- few conglomerates. sition is seen as a dispensable element of political life.” ■ A broad spectrum of social interests are There are many news agencies, and the monopoly reflected and represented in the media, includ- of the state-run agency Moldpres has been undermined

PLURALITY OF NEWS SOURCES NEWS OF PLURALITY ing minority-language information sources. in recent years by about 10 private agencies, of which

MOLDOVA 149 “As during Soviet rule, BASA-Press, Info- Of the 108 publications distributed nationwide, tag, Infoprim, Flux, 56 are in Romanian since approximately 65 percent of public television has Interlic, and Deca- Moldova’s population is ethnically Romanian. There taboo topics—names press have gained are 45 publications listed as appearing in Russian (41.7 strong footholds on percent), while six are in mixed Romanian and Russian and lists of people who the market. (5.6 percent) and one is in English. The national minor- by no means can partici- Independent ity press (produced by Ukrainians, Gagauz, Bulgarians, radio and televi- and Jews) faces serious financial difficulties. pate in programs. The sion stations in weekly program ‘Oppo- Moldova contrib- ute only partially Objective 4: Business Management sition Hour,’ introduced to the diversity of Moldova Objective Score: 1.47/4.00 information. A sig- in early December, con- nificant number of The media in Moldova are largely unprofitable. Advertis- firms the fact that the broadcasters (96.6 ing agencies and the advertising market in general are percent, according underdeveloped. Furthermore, there are few experienced opposition is seen as a to SIMON data) media managers, and public perception of the media as dispensable element of are concentrated a propaganda tool rather than a business remains strong. in cities. Original Media outlets rely partially on commercial revenues but political life.” programming is are constantly searching for subsidies. “Media profes- insignificant and sionals feel more comfortable under the wing of some- mainly in the form of entertainment. Newscasts are few, body who provides financial support, allowing them to and their editorial policy is incoherent. Better-qual- work without worrying about the newspaper’s funding. ity news is found at stations like ProTV Chisinau, ORT This mentality is changing, but not quickly enough,” one Moldova, NIT, BBC, Radio Free Europe, Radio Antena panelist said. C, Radio PRO FM, as well as some radio stations outside Chisinau. These stations usually feature news bulletins and analytical programs, produced by their own news departments. Independent media are well-managed Media in Moldova are not transparent concern- businesses, allowing editorial independence ing ownership and funding sources. The public is not ■ Media outlets and supporting firms operate as informed about who owns certain television and radio efficient, professional, and profit-generating stations, especially those that influence Moldovan politi- businesses. cal culture. Media ownership is often the subject of innuendo and gossip during elections. There has been a ■ Media receive revenue from a multitude of sources. recent trend toward media concentration, particularly regarding the broadcast media. ■ Advertising agencies and related industries INDICATORS The Moldovan media do not reflect the full range of support an advertising market. public interest. Most outlets primarily offer reporting on ■ Advertising revenue as a percentage of total politics, with very little on social, economic, and interna- revenue is in line with accepted standards at tional issues. A panel participant said, “The government commercial outlets. often imposes political subjects in order to distract the ■ Independent media do not receive government public’s attention from more real subjects.” Stories on subsidies. social assistance, the disabled, abandoned children, and similar topics are infrequent. Some independent newspa- ■ Market research is used to formulate strategic pers such as Jurnal de Chisinau, Timpul, Ekonomicheskoe plans, enhance advertising revenue, and tailor products to the needs and interests of obozrenie, and Novoie vremea have begun to shift the audiences. focus to topics related to civic journalism. BUSINESS MANAGEMENT BUSINESS ■ Broadcast ratings and circulation figures are reliably and independently produced.

150 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ The government controls printing and distribu- Subscriptions “Many companies tion of print media in Moldova. The state owns the Press are the most reliable House, a national press center where half of the newspa- revenue source for are unwilling to invest pers and magazines published in Moldova are based. The private newspapers. in advertising, because state controls distribution companies such as Moldpresa Some publications and Posta Moldovei and manages printers in Chisinau increase their print they don’t believe in and in district towns. State company Radiocomunicatii runs due to free its utility,” a panel manages the radio transmission network. Government subscriptions subsi- authorities set the fees and taxes for facility rent, print- dized by unknown member said. ing, distribution and sales, communication services, and sources. Newspa- radio signal transmission. Due to the state monopoly, pers that support political parties receive subsidies from fees for press distribution and transmission are consid- their owners. However, many sources of media funding ered quite high. remain unknown. It is clear that the government does The state press continues to gain strength. Pro- not offer financial assistance to independent media. government newspapers emerge from nowhere, funded Businesses afraid to advertise with opposition by obscure sources and managed by civil servants. newspapers receive “recommendations” to advertise with For example, Sens newspaper is edited unofficially state-run media, allowing the government to consoli- by the head of the president’s press service; Tineretul date its power through its network of loyal media. One and Moldovei are panelist explained, “In general, business depends to a “Media professionals edited by the large degree on whether or not you are loyal to the state. editor-in-chief of If you are not, then you are harassed until you accept the feel more comfortable the governmental government recommendations.” under the wing of newspaper Moldova While market surveys are rare, in recent years Suverana. After credible surveys have been conducted through the Inde- somebody who provides Moldova reverted pendent Journalism Center. Theoretically, circulation financial support, to the Soviet-style statistics can be obtained from printing houses or distri- administrative bution companies, but they usually refuse to make such allowing them to districts, the state data available. Overall, very little information is available work without worrying also began funding to the media on how to develop strategies, marketing district newspapers, plans, and business practices. about the newspaper’s undermining inde- The managers of four television companies—Tele- funding. This mentality pendent local and radio-Moldova, Analitic Media Group (broadcasting regional newspa- on the ORT-Moldova channel), TeleDixi (broadcast- is changing, but pers. “One can’t say ing on the RTR TV channel), and New Televised Ideas not quickly enough,” that normal busi- (NIT)—have agreed to collaborate on developing local ness relations and and international advertising. These stations agreed not one panelist said. market-economy to grant exclusive advertising rights to any agency and to rules have taken reduce agency fees to the lowest possible level: 15 percent. hold in the media,” a panelist concluded. “In order to ensure objectivity in their work with clients Market research, promotion, and sales services and advertising agencies, TV stations decided to choose, have developed very slowly. Although advertising rev- through a tender, a company to monitor TV programs enues increased in the past five years, this has not been and another one to conduct surveys and/or assess TV sufficient to spur significant growth of the media sector. audiences,” Infotag news agency reported in November It is difficult to assess the real scope of the advertising 2003. Panel participants mentioned that three of these market due to a lack of transparency. “Many companies four companies have national coverage and dominate the are unwilling to invest in advertising, because they don’t Moldovan media market. The only national broadcaster believe in its utility,” a panel member said. Some busi- left outside of this agreement is TV Romania 1, they said, nesses do not want to advertise with newspapers for fear and since it does not sell advertising in Moldova, there is of attracting the tax authorities. the threat of monopolization in television advertising.

MOLDOVA 151 Objective 5: Supporting Institutions the government, is practically nonfunctioning. Some critics considered its creation a one-off political act Moldova Objective Score: 2.26/4.00 so that a declaration could be submitted to the Coun- cil of Europe denying the allegations of censorship at The Association of Independent Press, representing the TVM and denouncing the Anti-Censorship Committee interests of private media owners, includes 17 local and created by the employees of the state broadcaster. The national newspapers and magazines published in Roma- Union of TV Companies was created in November 2003 nian and Russian; it also includes two news agencies. The to coordinate a strategy regarding the television and IJC is highly active, and the Association of Electronic advertising markets. Press (APEL) represents 22 radio and television stations, The Union of Journalists has evolved from a production studios, Soviet-style professional organization into an effective and profession- NGO. There are various other associations of journal- “The communist als. However, these ists specializing in areas such as agriculture or sports. authorities not only associations lack However, the cleavages in the journalistic profession solidarity among along political lines make it practically impossible for create ‘government the competing journalists to build solidarity. The Federation of Radio NGOs,’ but also mimic media owners. and TV Professionals, created last year at Teleradio- Many owners have Moldova, committed itself to protecting the rights of consultations with civil political affilia- journalists should the company be liquidated and turned society in order to gain tions or are funded into a public institution. The League of Professional from abroad. Such Journalists, founded last year by the editor-in-chief of credibility abroad.” political affiliations the government-run Moldova Suverana and former editor became obvious of the state news agency Moldpres, has so far only been during the elections in early 2003, when most broadcast- active in supporting the communist authorities, thus ers allied with the governing party. This made it even confirming the suspicion that it is a “pocket NGO.” As more difficult to protect common media interests. The one panelist noted, “The communist authorities not only Mass Media Association, created last year to support create ‘government NGOs,’ but also mimic consultations with civil society in order to gain credibility abroad.” At present there are about 30 media-support Supporting institutions function in the NGOs, but only about a third of those actively work with professional interests of independent media independent media. Most of the effective organizations ■ Trade associations represent the interests of focus on improving media legislation and the free flow of private media owners and provide member information, as well as professional training for journal- services. ists. Acces-Info works to reinforce the Access to Infor- ■ Professional associations work to protect mation Law. A group of NGOs such as APEL, the IJC, the journalists’ rights. Union of Journalists, and API monitor the transforma-

INDICATORS tion of state Teleradio-Moldova into a public institution.

■ NGOs support free speech and independent The quality of journalism courses at the univer- media. sity level is improving, both at the State University and ■ Quality journalism degree programs that provide at the private Free International University of Moldova. substantial practical experience exist. Young people can also study journalism at universities in ■ Short-term training and in-service training Comrat and Tiraspol. Moldovan universities tradition- programs allow journalists to upgrade skills or ally prefer to focus on theoretical training, and practical acquire new skills. experience continues to be a problem for many students that the schools lack equipment and money to solve. ■ Sources of newsprint and printing facilities are private, apolitical, and unrestricted. Journalists are offered opportunities to update their skills and knowledge during short-term courses ■ Channels of media distribution (kiosks, trans- organized by the IJC, the Union of Journalists, the mitters, Internet) are private, apolitical, and

SUPPORTING INSTITUTIONS SUPPORTING Association of Independent Press, and the Association unrestricted. of Electronic Press, among others. For example, IJC

152 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ has organized courses in photojournalism and agricul- Panel Participants tural journalism. Through the South-East European Network for the Professionalization of the Media, Vasile Botnaru, editor-in-chief, BASA-press news journalists may attend courses in radio management, agency investigative reporting, and computer-assisted research. Also, IJC has a journalism library containing Western Val Butnaru, director, independent weekly Jurnal de books. API has organized courses for the development Chisinau of financial management skills for newspapers and Ion Enache, president, National Ethics Commission training in newspaper management. Printing resources are controlled by both govern- Corina Fusu, editor, Moldova 1 TV company ment and private owners. There are no restrictions on their use. However, besides the state-owned Universul Dmitri Kalak, deputy editor-in-chief, independent printing company in Chisinau, there is only one private weekly Ekonomicheskoe obozrenie printer. A second printing service could not survive due to the low newspaper circulation numbers. Most local Constantin Marin, professor of journalism and commu- newspapers are printed by privatized services, which nications, State University of Moldova under the Soviet Union used to be part of the communist party’s printing network. The panel members agreed that Olivia Partac, media law unit coordinator, Independent there are no problems with the availability of newsprint. Journalism Center The state continues to monopolize the press dis- tribution system throughout Moldova. This monopoly Angela Sirbu, director, Independent Journalism Center hinders the development of an independent press. Private newspapers do not have the resources to create their own Vasile Spinei, director, Acces-Info center distribution networks. However, private distribution companies have been created, such as Omnia Press. Its reach is limited to Chisinau, which used to be controlled Moderator by the state company Moldpresa. Nicolae Negru, editor-in-chief, Mass Media in Moldova Internet access is sold only by private providers bulletin, Independent Journalism Center that must use the Moldtelecom network, currently up for privatization. There are no legal restrictions limit- ing the use of the Internet by journalists or the general Observer public. Moldova is among the countries with the lowest Iuri Datii, country director, IREX/Moldova Internet use, due to high access costs of an average $7 per month. Internet access is even less developed outside of Chisinau. According to Valeriu Sitnic, deputy director of the Information Technologies Department, more than 90 percent of Internet services are concentrated in Chisinau. Although the number of users continues to grow, prog- ress is slow. According to a recent survey, only 1.9 percent of the population uses the Internet. Panel members criticized the fact that Moldtelecom is the only Internet operator, and its high network access fees prevent private providers from having a flexible pricing policy.

MOLDOVA 153 “In Russia, there is a thin layer of truly independent media,’’ said one panel member. “They include some regional publishing houses and several broadcasting companies. Competing in difficult conditions with state-run and corrupt media, independent companies have managed their business using the best Western practices and adapting to a Russian context. This has been the only way to survive.” Russia 155 RUSSIA - - - - - in southern Russia was murdered.

Togliatti Review Togliatti

Nonetheless, independent publishers and journalists contin Informationcontinued thosebe closely to by held in who power Some observers Some suggested that Russia the simplyadjusted to Therewas reaction muted when the last quasi-independent Importantelections without conducted were assertive the of coverage incumbents recordsof candidates. or Conflict in Chechnya continued journalists. sight largelyof of out activists Some and foreign observers cautionedthat information was increasingly being manipulated the by stateas part an of overall there retreat few were from but democracy, signsany concern. of public sive editor of the editor of sive ued to struggle to establish themselves as viable media businesses providing credible information to their audiences. They sought training in new skills, fought harassment in the courts, struggledidentify to their readers, and searched for the content mix that would make them indispensable. possessedvirtually sense no accountability of and voters taxpayto Introduction Russian he media situation has enough stability, give to some not but advocatesstrong a independent of media comfort. much As measured the by panel members, little changed the during for worse 2003—but neitherdid the threats recede. limitsmixed a of state and media, non-state with obviously highly politicizedand professional pole media independent some one at mediastruggling the This at emerge to other. situation allows to some and pretend others believe to that, as the Russian saying goes, “both theare and wolves fed the sheep are safe.” nationaltelevision station down, was ostensibly its busi shut for ers.Expectations correspondingly were and there was little low, public concernevidenced limitations about free a on the press. of Some lack interest of was self-inflicted, with journalists willing sell to their cred nessfailings. There was virtually action no after the second succes

ibilitythrough giveaway simply it or reporting poor sensationalism. or T Objective Scoring Indicator Scoring The averages of all the indicators are averaged to obtain a single, Each indicator is scored using the following system: overall score for each objective. Objective scores are averaged to provide 0 = Country does not meet indicator; government or social forces may actively an overall score for the country. IREX interprets the overall scores as follows: oppose its implementation 3 and above: Sustainable and free independent media 1 = Country minimally meets aspects of the indicator; forces may not actively oppose its implementation, but business environment may not support it 2–3: Independent media approaching sustainability and government or profession do not fully and actively support change 1–2: Significant progress remains to be made; 2 = Country has begun to meet many aspects of the indicator, but progress may society or government is not fully supportive be too recent to judge or still dependent on current government or political forces 0–1: Country meets few indicators; government and society actively oppose change 3 = Country meets most aspects of the indicator; implementation of the indica- tor has occurred over several years and/or through changes in government, indicating likely sustainability 4 = Country meets the aspects of the indicator; implementation has remained intact over multiple changes in government, economic fluctuations, changes in public opinion, and/or changing social conventions

156 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ While professing support for independent media, Objective 1: Free Speech the government of President Vladmir Putin continued to take on a clear role. Press Minister Mikhail Lesin has Russia Objective Score: 1.99/4.00 been appointed a member of the board of state-con- trolled Channel One Television, along with the culture All panelists agreed that in Russia there is a formal law minister and a deputy prime minister. A succession of that guarantees freedom of speech. For the most part, actions has closed the national independent stations in this law meets international standards. There are no recent years—NTV in 2001, TV-6 in 2002, and TVS in limitations for creating print media outlets. Regulations June 2003. for starting broadcasting businesses also are similar Outside Moscow, local and regional administra- generally to those accepted internationally. However, as tions continue to exercise their power through media one panelist said, “Although the Constitution declares they subsidize, with some moving aggressively against freedom of speech, it does not guarantee it.” private outlets and others cloaking their actions in the Russian political support and judicial enforcement “rule of law” through inspections and suits. Still others regarding freedom of speech is weak. Journalists, like simply distort the fledgling media industry by offering many other Russians, are not sure they can rely on the below-market-rate advertising and inflated audiences. courts to review cases fairly, reject partisan attempts to Coverage of the conflict in Chechnya remained influence the outcome, and protect their rights. There minimal. In fact, the region was deemed virtually off is little judicial precedent for defending freedom of the limits to the press. The Organization for Security and press, and few lawyers have experience in media law. Cooperation in Europe (OSCE) concluded that the state media “failed to meet its obligation to provide objec- tive information to the electorate’’ during the late 2003 Legal and social norms protect and promote parliamentary elections, according to an official quoted free speech and access to public information by The Moscow Times. Advocates of independent press looked warily ■ Legal/social protections of free speech exist ahead to possible changes in the media law, enacted in and are enforced. 1991 and legitimately in need of updating to reflect the ■ Licensing of broadcast media is fair, competitive, requirements of a modern media industry. And in the and apolitical. courts was the case against Mikhail Khodokovsky, the hugely wealthy head of the Yukos oil company who had ■ Market entry and tax structure for media are fair begun to give money to opposition political parties, buy and comparable to other industries. media holdings, and engage in philanthropy until he was ■ Crimes against journalists or media outlets are arrested and jailed in late 2003. prosecuted vigorously, but occurrences of such Even as democracy activists criticized a chilling crimes are rare. atmosphere, the economy and the advertising market ■ State or public media do not receive preferential continued to strengthen. Such advertising growth could legal treatment, and law guarantees editorial support independent media outlets run as businesses independence. rather than PR machines. At the same time, publishers ■ Libel is a civil law issue; public officials are held and managers refined their skills and learned new ones, to higher standards, and the offended party as did their editors and journalists. must prove falsity and malice. “In Russia, there is a thin layer of truly indepen- ■ dent media,’’ said one panel member. “They include Public information is easily accessible; right of access to information is equally enforced for all some regional publishing houses and several broadcast- INDICATORS SPEECH FREE media and journalists. ing companies. Competing in difficult conditions with state-run and corrupt media, independent companies ■ Media outlets have unrestricted access to infor- have managed their business using the best Western mation; this is equally enforced for all media and journalists. practices and adapting to a Russian context. This has been the only way to survive.” ■ Entry into the journalism profession is free, and government imposes no licensing, restrictions, or special rights for journalists.

RUSSIA 157 “Although the The vocal this crime is a matter of honor for us.” Similar comments public demand for a were made after the Ivanov slaying, but by early 2004 Constitution declares free press is largely there was no resolution of either case—or of other kill- freedom of speech, it absent. The phrase ings and dozens of nonfatal attacks. “freedom of speech” It was a measure of the distrust of political inten- does not guarantee it.” often generates tions toward the media that many advocates of press a negative reac- independence hoped no action would be taken to reshape tion, much as do words such as perestroika and glasnost. the existing media law, even though it had become in Mainly, this reflects the cynicism of a disappointed soci- some ways outdated since its 1991 enactment. New ver- ety more focused on immediate economic problems— sions of the media law were circulated during 2003 for and lacking clarity about how economic, political, and debate by the Duma after the 2004 presidential election. judicial development are linked to the independent flow The leading version was seen as creating a more busi- of information. A recent study by the ROMIR polling ness-like approach to the mass media as an industry, but organization suggested that 76 percent of those surveyed at the same time giving additional powers to the press feel censorship is needed for control of the mass media, ministry and the government. while 19 percent are opposed and 5 percent undecided. Also scheduled for debate in the Duma during Only 9 percent of those polled listed the mass media as 2004 was the reduced rate for the value-added tax (VAT) the public institution they most trusted, tied with the provided to print military and lagging well behind the presidency at 50 media companies. “Fair competition in percent, churches at 14 percent, and “none of the above” The tax break was at 28 percent. abolished for broad- issuing licenses only Crimes against journalists cause no serious outrage casters in 2003, exists in a limited among the public, politicians, or law enforcement. The but extended until authorities may ascribe such acts to some domestic dis- January 1, 2005, for number of cases, pute or random hooliganism, rather than relate them to newspapers. journalists’ work. However, several media advocacy orga- Some pan- when the state is nizations suggest that Russia is a dangerous place to be elists believe the not interested in the a journalist and that physical intimidation is a method existing system of used to limit freedom of the press. broadcast station outcome of a particular In July, Yury Schekochilhin, a well-known investi- licensing fol- bidding. The law does gative journalist for the independent newspaper Novaya lows international Gazeta in Moscow, died of what was officially called a models and is not guarantee fairness severe allergic reaction. Colleagues expressed skepti- administrated fairly of licensing,” said cism about the finding. Schekochilhin, who had been for the most part. investigating corruption in the public prosecutor’s office, Although the Fed- one panelist. was also a deputy in the state Duma for the opposition eral Licensing Com- Yabloko Party, a blurring of the political and journalistic mittee is linked closely with the press ministry, these functions that is not uncommon in Russia. supporters say oversight is provided by those members In October, Alexei Sidorov became the second who represent nongovernmental organizations (NGOs). editor-in-chief of the Togliatti Review to be murdered Detractors suggest there is political bias. “Fair competi- in two years. Sidorov, 31, had vowed, “They can’t kill tion in issuing licenses only exists in a limited number of us all” when he took over the newspaper following the cases, when the state is not interested in the outcome of a shooting death of the previous editor, Valery Ivanov, 32, particular bidding. The law does not guarantee fairness in April 2002. The newspaper had built its reputation on of licensing,” said one panelist. The competitive bidding investigations of the circle of gangs, corrupt officials, and process is tainted, critics say, by consideration for the business owners who hold sway in the southern Russian preferences of local authorities in the area where a station industrial city. According to the Washington Post, four will broadcast. However, it is the national broadcasters other journalists also have been murdered in Togliatti who are considered most important to the government, since 1995. After Sidorov’s murder, the Post quoted Inte- and they remain firmly under state control. rior Minister Boris Gryzlov as promising that “solving

158 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ For print media, state-run outlets have clear As a result, there is “The existence of advantages over their private counterparts, though not little impetus to sup- as a result of the media law. Instead, the official media port the principles of a quite acceptable receive financial subsidies, breaks on rent and printing, free access to infor- law is in no way a and revenues from preferential—often compulsory— mation or to mature subscription schemes. In many regional cases, a symbi- its mechanisms. guarantee against the otic relationship exists between governors and mayors A particu- imbalance that exists who formally own newspapers and the businesses that larly difficult area subsidize them. This kind of deal allows political figures is coverage of the between state-run to have friendly media outlets, and business owners to political process. An and private media, have “friends” in high places. October 30 decision In addition, various government organs may inter- by the Constitu- with government vene in the media industry by influencing advertising by tional Court over- businesses, steering revenues to certain favored outlets. turned elements of having the advantage Private media owners also complain that inspections, a law on allowable while freedom threatened or executed, by tax, health, safety, and other coverage of election authorities are used to exert pressure. “The existence of campaigns by the of speech suffers,” a quite acceptable law is in no way a guarantee against media. Although said one panelist. the imbalance that exists between state-run and private the law was pre- media, with government having the advantage while sented as a mechanism for controlling the manipulation freedom of speech suffers,” said one panelist. of the media by political forces, critics argued that its There are no true public media outlets that can be limits were so broad that it made it almost impossible for viewed as above the political or commercial battle. More- news outlets to report on the 2003 parliamentary cam- over, state-run media often try to pass for public media paign and 2004 presidential election. The law, enacted in even though there is no wall between public officials and mid-2003, gave the government the right to go to court editorial content. to close news organizations that were viewed as having The criminal code controls libel, but plaintiffs violated the rules. Such acts opened the possibility of seldom resort to this because it is relatively difficult to selective enforcement against media outlets that crossed prove in court compared with a more favored route—the a local power base. The court ruled that parts of the law suit for “violation of non-property rights.” These are were too broad but did not strike it entirely, leaving a damages to moral standing, business reputation, and the confusing situation for editors and what critics viewed as like governed by the civil code. Thousands of such suits a general damper on informed news coverage. are filed every year, and virtually every newspaper has Under the guise of smoothing the path for contacts some experience with the daunting prospect of defending with journalists, there has been a mushrooming of gov- itself against the accusations of a powerful local political ernment press services that often appear instead to insu- or business figure in a potentially biased court. The cost late public officials. To obtain information, one needs a and time of the process alone may do much to encourage stack of letters and faxes and the patience for many days self-censorship or replace aggressive news coverage with of waiting. This is primarily a burden for reporters from more “acceptable” subjects such as entertainment. private media, as those for state media generally do not In theory, access to information is protected by inconvenience the authorities by pressing for release of law, but other statutes create obstacles for journalists, sensitive material. including those on state and commercial secrets and Although there are no legal restrictions on who on the “ownership” of information by the government, can become a journalist or requirements for membership rather than the public. More generally, there is little or in professional associations, the growing use of compul- no sense that public officials are in any way obligated to sory accreditations for reporters covering government be accountable to the public through the media or that activities at all levels serves to limit access and provide an elected political leaders want to build their constituencies. element of control over the media.

RUSSIA 159 Objective 2: Professional Journalism form of increased circulation and advertising is viewed with skepticism by all but a few owners. Russia Objective Score: 1.35/4.00 Suits against journalists for damage to reputa- tions are a favorite recourse by public and business Although even the most professional and dedicated figures who do not wish to be examined in the inde- reporter or editor might likely have trouble working pendent media. These court actions—or the threat effectively in the Russian independent media environ- of them—plague news organizations. However, the ment, panelists said it was undeniable that the lack of failure of many media outlets to establish ethical codes skills and failure to adhere to accepted standards add and encourage journalists to follow them leaves both to journalists’ woes. This is true both in the editorial vulnerable to adverse rulings in these suits. Addition- and business sides of independent media operations. ally, it was the widespread practice of “black PR,” where Although some professional training is available to jour- journalists sell their coverage, that generated support nalists, editors, and media managers, it is still limited to for the severe strictures included in the law govern- a minority and intermittent at best. University journal- ing media coverage of campaigns, a statute that had a ism faculties are numerous but are not viewed as having chilling effect well beyond that specific issue. Similarly, moved forward significantly from Soviet-era theory to the failure of media modern methodologies for independent media. managers to follow “In many cases, For the Russian media supported by various gov- codes on issues reporters know how ernment organs, it generally is not a requirement that such as copyright fair, objective, and well-sourced coverage be produced. It and taxation leave to get information, is well understood that the fundamental principle of vir- their organizations tually all state-owned media is the exchange of subsidy open to intimi- but rather than using for conveying state-ordered information disguised in the dation through legitimate methods, form of “news.” In the private media, the suggestion that “inspection.” providing credible information trusted by readers is a Although they utilize their business model that will provide financial returns in the there is some dis- contacts and bribe cussion of ethical officials…because the codes in the media Journalism meets professional standards of industry, the under- law doesn’t work,” quality lying principles and purpose are not said one panelist. ■ Reporting is fair, objective, and well sourced. well understood or ■ Journalists follow recognized and accepted widely accepted. Some media managers will acknowledge ethical standards. openly that they cannot imagine how their organizations ■ Journalists and editors do not practice would survive were it not for the financial opportunities self-censorship. presented by election campaigns. INDICATORS The same goes for individual journalists whose rela- ■ Journalists cover key events and issues. tively meager salaries—perhaps $100 a month in a regional ■ Pay levels for journalists and other media city—are supplemented by coverage paid for by its subjects. professionals are sufficiently high to discourage In the regions, it is common to print paid-for promotional corruption. materials as news reporting. In many places journalists do ■ Entertainment programming does not eclipse not know that it is considered an ethical violation to run news and information programming. advertising materials not marked as such, and think it is illogical to print a story about a local business without col- ■ Technical facilities and equipment for gathering, lecting a fee. Reporters are often authorized to broker their producing, and distributing news are modern and efficient. own such agreements, or they may share a percentage of the proceeds going to the news organization. ■ Quality niche reporting and programming While salaries in the media sector are not high, exists (investigative, economics/business, local, they often are still better than the local average. In

PROFESSIONAL JOURNALISM PROFESSIONAL political). addition, the profession still has a measure of prestige.

160 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ Self-censorship to protect one’s job therefore becomes a television, radio, “Newspapers don’t natural reaction—especially because neither the “rules and the Internet. of the game” nor the lines that should not be crossed are They have lost a produce news, they particularly subtle in most Russian cities. Self-censorship sense of the news process news. Their also is prevalent among editors who stand in for their story.” outlets’ owners, be they state organs or businesses that Broadcasters, main information see the outlet as a vehicle to further their interests. in turn, are reduc- Some professional organizations have formally ing the informa- sources are television, endorsed ethics codes based on European media models, tion component of radio, and the Internet. but they have not been widely accepted, at least in their programming, part because the organizations themselves are not well according to panel They have lost a sense respected in the professional community. members. As one of the news story.” The difficulty of obtaining information through noted, “You can legitimate channels also leads journalists to abandon eth- provide information ical coverage. “In many cases, reporters know how to get with a little entertainment, or provide entertainment with information, but rather than using legitimate methods, a little information. Today, we are seeing the latter.” Some they utilize their contacts and bribe officials…because panelists saw this trend as not only reflecting a business the law doesn’t work,” said one panelist. decision but also a more subtle effort to control informa- The limited resources available to many media tion in Russia. As one panelist pointed out, substituting organizations contribute further to the lack of depth, news for entertainment is in the interest of a government breadth, and balance in their coverage. It simply is too if it wants to control excessive glasnost in a country. expensive or too time-consuming to seek out multiple, The media companies’ technical capacity—espe- verifiable sources or provide a range of viewpoints. It cially among broadcasters—is viewed by panelists as costs money to make calls, go to meetings, and wait for outstripping their professional capacity. Television sta- answers, all for a few lines of copy. “Quoting two opin- tions in Moscow and the regions are fairly well equipped, ions in an article is more of an exception than a rule thanks in part to past Western donor assistance. This is in professional less true at regional newspapers, where panelists noticed “Quoting two opinions practice,” said a that in addition to the use of pirated software—a prac- panel member. tice that could prove disastrous should there be a crack- in an article is more Another down in the future—many outlets have never invested in of an exception than factor is that computer networks, e-mail, or the Internet. This is true, independent one noted, although even a modest supermarket com- a rule in professional media journal- pany in the same region might have substantial computer practice,” said a panel ists sometimes equipment for inventory and sales. confuse indepen- Despite all the hurdles, however, there are publish- member. dence with oppo- ers, editors, and journalists who are aware of the value of sition. Reporters maintaining professional media standards and providing and editors also may favor the exclusive exposé too often their audiences with credible and useful information. They based on too little reporting and editing—or other forms are moving their organizations toward better practices, and of “got you” journalism over well-researched investiga- some of them are serving as business success stories that tions as part of broad coverage provided to readers on a may provide encouraging models to others. At the same range of subjects such as health, culture, and community time, the market is beginning to dictate that publications news. This kind of “niche” reporting is not well developed using dubious information and failing to present alternative outside of Moscow-based newspapers, some of which offer viewpoints—even state-subsidized regional newspapers fairly sophisticated business coverage. that have many competitive advantages—are falling out of Experts from both print and broadcast also favor and beginning to lose circulation. report a declining interest in generating original news coverage. A panelist who works with a range of regional publications said, “Newspapers don’t produce news, they process news. Their main information sources are

RUSSIA 161 Objective 3: Plurality of News Sources uniformly across the country and also may have limited transmission capacity. Russia Objective Score: 1.61/4.00 There are many newspapers in every city—a mix of state and private and of those that represent special Russians undoubtedly have available an ever-increasing interests and those that attempt a degree of independence. number of voices and views in the media, despite all the The press ministry shows registration of 23,000 newspaper limitations imposed by government policy and practice. titles in Russia, a country with a population of about 140 Other barriers include weak judicial enforcement of access million. A study by the ministry suggests that 70 percent to information guarantees, lack of professional skills and of Russians at least read a weekly newspaper, and that experience, and scant financial resources. newspapers had a total average daily circulation of 22 mil- Several national television channels reach the lion in 2003. The study predicted a growth in newspaper entire country. They are considered the key informa- circulation of just over 6 percent during 2004. The multi- tion source for most Russians and are all controlled by tude of publications may well be weakening the indepen- the state. Channel One, for example, has the minister of dent media market, press and several other ranking federal government offi- and some observers cials on its board of directors. In Russia’s many regional hope for a consoli- “In Russia, there is cities, there are a number of television news programs dation that will leave a distorted and reflecting mostly local stories, including some private the remaining edi- stations generally offering coverage with more sources tions stronger. unbalanced system of and a higher degree of independence. However, rural The circula- capital flow to one city areas may receive only state broadcasts because of the tion of non-state limited transmission range of the private stations. newspapers is (Moscow). This is why News radio is expensive for Russian regions. Even limited by a number some media become in Moscow there is essentially only one news radio sta- of factors. For tion. Nonstate radio stations providing local news cover- example, the price “major,” while other— age in their programming exist, but they are not spread of such papers may regional—media remain be out of reach for a significant portion minor, even though they Multiple news sources provide citizens with of the population. are more real outlets, reliable and objective news In addition, dis- tribution systems ■ A plurality of affordable public and private news as they care more sources (e.g., print, broadcast, Internet) exists. mainly are divorced from the newspaper about their readers.” ■ Citizens’ access to domestic or international companies, leaving media is not restricted. publishers at the mercy of the Russian post office and

INDICATORS ■ State or public media reflect the views of the other near-monopoly mechanisms that tend to be closely

entire political spectrum, are nonpartisan, and linked with the authorities. Another issue is the compul- serve the public interest. sory subscription scheme, where rural people and those ■ Independent news agencies gather and distrib- working for government institutions are pressured by ute news for print and broadcast media. local authorities to subscribe to official publications. The Internet is increasingly available across Russia, ■ Independent broadcast media produce their own news programs. although not yet broadly and practically not at all in rural areas. Many newspapers in major and mid-sized ■ Transparency of media ownership allows cities have electronic versions, and there are numerous consumers to judge objectivity of news; information sites in Russian. There are no overt restric- media ownership is not concentrated in a tions on access, but it is limited significantly by the cost few conglomerates. and the underdeveloped information technology infra- ■ A broad spectrum of social interests are structure. Approximately 10 percent of Russians are reflected and represented in the media, includ- considered to be making use of the Internet.

PLURALITY OF NEWS SOURCES NEWS OF PLURALITY ing minority-language information sources.

162 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ While access to Western and other international In many cases, “State-run media do media for ordinary citizens is not formally limited, it still regional media cannot be characterized as free. Western press is only concentrate on local not reflect the whole available in Moscow and large cities. It is not feasible to issues and either political spectrum. transport Western periodicals to remote areas. Satellite do not find such television is too expensive for ordinary people. Addition- coverage from news They serve narrow ally, most Russians lack the foreign-language skills to agencies or do not political interests make use of available foreign media. have the editorial The influence of media in Russia is heavily capacity to use less of different groups. weighted toward Moscow. Many ambitious journalists narrow information State-run media don’t migrate to the capital, and state support for its news out- to enhance their lets and private investment in non-state media businesses regional coverage. present alternative are highest in Moscow. However, observers note that There are regional there is not inconsiderable effort against substantial odds information agen- points of view, and by newspaper and broadcast companies and their staffs cies, some of which if they do, only to in many regional centers. The energy of the regional are reasonably media should not be ignored, one panelist said, adding: independent, but ridicule it.” “In Russia, there is a distorted and unbalanced system others depend on of capital flow to one city (Moscow). This is why some local governments and report accordingly. media become ‘major’, while other—regional—media Ownership of news organizations is not transparent remain minor, even though they are more real outlets, as for audiences, especially in the regions. A knowledgeable they care more about their readers.” consumer might be able to analyze the style, content, and State-run media outlets claim to reflect a wide bias and compare this with the power distribution in a range of views and to act in the public interest. But pan- region to understand a particular outlet’s backers. But this elists reject that assertion. As one panelist put it: “State- safeguard against unwitting consumption of slanted or run media do not reflect the whole political spectrum. incomplete information does not exist for most Russians. They serve narrow political interests of different groups. Media licensing and registration regulations State-run media don’t present alternative points of view, require that ownership information be disclosed, but and if they do, only to ridicule it.” this is easy to avoid by omitting the names of backers In addition to the national media owned by the who provide funding. Reporters know the hand that government, especially the television networks, many feeds them and whose interests they should not cross, regional news outlets depend on direct subsidies or other but such information is unofficial and not available to “breaks” from local authorities. Each interest group readers. Private media owners see their outlets not as in an area—the mayor, the governor, and the regional media businesses but as tools to further their political council, for example—may have its own pet outlet. Most and/or business ambitions. Owners freely intervene in Russians do not focus clearly on the result: Tax revenues the newsroom, hiring and firing editors and journal- going to fund news media do not foster accountability on ists and requiring that their interests be reflected in the the part of elected officials but rather the vested interests content. The late 2003 and early 2004 elections spurred of these officials. some renewed interest, but generally the media have Numerous international, national, and regional become somewhat less interesting to such self-interested news agencies are available in Russia. The largest, ITAR- investors recently because media’s ability to influence the TASS and RIA Novosti, are run by the state. Interfax, the political situation is ebbing and it is a complicated busi- largest private news agency, concentrates on economic ness that does not provide easy profit. and business information. Subscriptions to news agencies News coverage often focuses on political struggles are expensive, however, and most regional print media and, for diversion, entertainment and celebrities. Social do not use them. Nor can regional television companies issues are covered, but not extensively nor necessarily afford to buy footage from international agencies or responsibly. Cultural and ethnic diversity is not well national channels. Both newspapers and broadcasters represented in general-interest publications. As a result, can skirt this problem to some degree by ignoring copy- there has been some growth of limited-circulation news- right and accessing the Internet or broadcast sources. papers, funded by individuals and aimed at and circu-

RUSSIA 163 lated among narrow groups. There are also newspapers do see their business objective as being a well-managed run in the national languages of some minority groups, media outlet as opposed to a mechanism for promoting but most are state run and do not reflect their interests or the owner’s interests go up against media that do not have concerns in any profound way. to work in the marketplace for advertising or audience. State-subsidized outlets trade their editorial independence for consistent funding and then distort the industry by Objective 4: Business Management offering lower rates for advertising that comes with the Russia Objective Score: 1.75/4.00 added bonus of pleasing the authorities. State print media can have lower cover prices and get better treatment with Late in 2003, Russian President Vladimir Putin, in a the printing and distribution service. rare comment on the mass media, proclaimed that Most independent media owners regard state media “should not depend on rich people and busi- involvement in the industry as the primary impediment nesses,” and that some outlets had become “self-suffi- to business success. Another major factor is the advertis- cient, economically ing market, which is relatively underdeveloped, especially “The local press effective,” and the regionally. It does grow every year, however, and the “first examples of Russian Association of Advertising Agencies predicts looks cleaner, the future inde- continued rapid increases. As an example, print media, more honest, and, pendent press of lagging well behind television as a preferred medium for Russia.” advertising with about a 15 percent share, nonetheless as a result, attractive.” However, it were expected to record an annual growth rate of 27 to is the dependence 29 percent in 2003, and another 22 to 23 percent in 2004. of much of the media industry directly or indirectly on Advertising is heavily weighted toward Moscow national, regional, or local authorities—with the Putin media, but the share going to media in regional centers administration’s tacit endorsement of state-controlled is increasing steadily due in part to the expansion of television setting the tone—that hinders the success of business outside of Moscow. Even the press ministry independent news organizations. Those companies that noted this recently, saying in a study that businesses and political forces have not fully realized the potential of the regional media. The ministry report said it based this Independent media are well-managed conclusion on world trends as well as the extent to which businesses, allowing editorial independence advertisers had exhausted the potential of the national media, including television—and the degree to which ■ Media outlets and supporting firms operate as efficient, professional, and profit-generating trust in it had waned. Although it did not distinguish businesses. between government-subsidized and independent media, the report said: “The local press looks cleaner, more ■ Media receive revenue from a multitude of honest, and, as a result, attractive.” sources. For now, however, independent newspapers are ■ Advertising agencies and related industries unable to get enough advertising and depend more heav- INDICATORS support an advertising market. ily on circulation than is generally accepted as a modern ■ Advertising revenue as a percentage of total business model for print media. A Press Media survey revenue is in line with accepted standards at said that approximately 75 percent of print media com- commercial outlets. pany revenues come from circulation. This is a particular problem because most newspaper managers see their ■ Independent media do not receive government subsidies. involvement with the product ending when it is printed. Managers believe their company is divorced from the dis- ■ Market research is used to formulate strategic tribution process, and are unable or uninterested in man- plans, enhance advertising revenue, and tailor aging the allocation of the press run to different markets, products to the needs and interests of audiences. the placement at a kiosk, or even the selling price. For the most part, media organizations are forced BUSINESS MANAGEMENT BUSINESS ■ Broadcast ratings and circulation figures are to deal with the remnants of the Soviet distribution reliably and independently produced. monopoly, including subscription services often linked

164 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ “Although you can formally or infor- Broadcast ratings are used by the bigger stations, mally to govern- but newspaper circulation audits are uncommon. No sue them if you like, ment structures. industry standards have been established for either, and you waste your time Postal workers sell generally the whole media market research field is not and deliver newspa- well regarded, especially in the regions. Media managers and resources.” pers on their routes. assume that the results are tainted and can be bought. As One company, a result, advertising is placed without hard data. Rospechat, claiming 50 percent of subscription sales, was recently bought by a company that dominates television advertising and is closely linked by many to the powers Objective 5: Supporting Institutions that be. It is alleged that Rospechat has refused to distrib- Russia Objective Score: 1.82/4.00 ute certain publications. One panelist said, “Although you can sue them if you like, you waste your time and Although a range of media industry organizations exist resources.” Overall, this situation does not allow media in Russia, particularly for print media, as yet none can companies to mature as competitive businesses, and it be said to have significant weight in supporting the also subjects them to potential pressures. interests of independent media on a wide scale. Some Kiosks making single-copy sales also are a busi- are seen merely as fronts for state media, while others do ness separate from newspapers, and may be monopolistic not represent broad-enough constituencies with enough in a town. The profit margin is small on newspapers, strength to influence national or regional authorities. and kiosk owners may think it more profitable to display For broadcasters, the National Association of Tele- prominently and sell mobile phone cards or candy. Pub- broadcasters represents 413 companies and has a stated lishers do not even establish the final price for their prod- mission to lobby for the electronic mass media. uct; that right goes to the sellers who add their markup. Progress can be seen in the newspaper industry. Some more advanced independent media are con- In July 2003, some of the largest non-state regional sidering how to develop their own distribution systems as publishing houses became the charter members of the part of their overall business development. However, there Association of Independent Regional Publishers. These is little available experience, the initial costs are high, dis- 19 publishing companies put out 79 newspapers and tances are far, and transport infrastructure is poor. Few non-state newspapers can afford the capital Supporting institutions function in the investment required to have their own printing presses professional interests of independent media and therefore do not have the unfettered access or quality they would like. They also lack the ability to supplement ■ Trade associations represent the interests of their revenues through commerical printing. private media owners and provide member Independent media industry mangers also face the services. same problem of corruption that makes entering and ■ Professional associations work to protect surviving in the market a complicated process for all journalists’ rights.

Russian companies. Since the idea of running a newspa- INDICATORS per as a business is new, there are very few trained media ■ NGOs support free speech and independent media. managers or sources of education. Media management is not taught in business schools or journalism faculties. ■ Quality journalism degree programs that provide Media market research is more advanced for substantial practical experience exist. television, but newspapers have a growing understanding ■ Short-term training and in-service training of the need. Formal research is expensive, and so some programs allow journalists to upgrade skills or media use their own “soft” techniques, such as meeting acquire new skills. readers, publishing questionnaires, and assessing readers’ ■ Sources of newsprint and printing facilities are letters. There are some examples of strategic planning private, apolitical, and unrestricted. based on research—a newspaper in Rostov-on-Don launched a youth edition based on extensive interviews ■ Channels of media distribution (kiosks, trans- of young people—and these are studied avidly by others. mitters, Internet) are private, apolitical, and SUPPORTING INSTITUTIONS SUPPORTING unrestricted.

RUSSIA 165 A multitude of 18 magazines, of journalists, establishing ethical or professional norms, journalism departments and operate in or conducting other activities that would attract enthusi- 26 regions across astic membership. exist throughout the Russia. The goal The Glasnost Defense Fund is seen as being a state university system. of the associa- resource for those seeking assistance in defending tion is to allow for freedom of the press. A small number of media law However, these the exchange of specialists also practice, mainly through various NGOs. programs are widely expertise and best However, there is a clear need for additional resources to practices among the protect the public’s right to know. seen as mired in the publishing houses, A multitude of journalism departments exist to chart media throughout the state university system. However, these Soviet past, when market trends, to programs are widely seen as mired in the Soviet past, the media was seen develop industry when the media was seen as a propaganda tool and corporate stan- “journalists” were taught to use it as such. Mostly well as a propaganda tool dards, and to lobby advanced in age, the faculty members generally are not and “journalists” were for laws promoting capable of providing their students with any practical the development skills for modern journalism. Many editors report that taught to use it as such. of the independent the graduates arriving for jobs at their news organiza- press. tions would have been better off had they never attended Another newspaper industry group, the Guild any journalism “courses.” of Periodical Publishers, also is gaining strength in a The training gap, therefore, is wide, and news similar mission to strengthen independent newspaper managers increasingly are realizing the need for employ- publishing as a business and raise the professionalism ees from all departments in the news organization. This of media management. The guild lists as members 126 demand can only be filled partially by the limited funds companies drawn from a somewhat different constitu- provided by international development donors to media- ency than the regional publishers association, with which assistance NGOs. Several such organizations provide it has done some joint activities. support to independent media, including the IREX In July 2002, representatives of major broadcast- media program, Internews, the Eurasia Foundation, ers and publishers, as well as information agencies, trade the Media Viability Loan Fund, and the Foundation for unions, advertising agencies, and others formed the Independent Radio. These organizations offer seminars Industrial Committee. Although the structure is billed and consultations on journalism practice, media man- as an effort to bring self-regulation to the industry, it has agement, and business development, but they find that been greeted with considerable skepticism by many from demand for their services far outstrips their resources. the independent sector. It has been criticized for not rep- Another organization, the Interregional Institute of resenting the interests of those outside Moscow, and con- Media Consulting, represents the fledgling industry of cerns have been raised about the degree of independence commercial newspaper business consultancy. possible when government-linked members are included. Although printing presses may have been priva- The Industrial Committee drafted one version of the new tized technically, most operations remain close to the law on the media for consideration by the national Duma regional authorities. However, the main issue for inde- in 2004, and it is viewed by some as giving substantial pendent publishers is not preferential treatment for gov- powers to the Press Ministry while at the same time cre- ernment publications, but rather the poor technical state ating a more modern media business environment. of the antiquated equipment for which there is little pros- The Union of Journalists is not considered to pect of the massive technical upgrade required. News- be very proactive in support of independent media, paper distribution systems also tend to be monopolistic although there are regional branches that play more and outdated. Transmitters and towers can be owned significant roles locally. These and other existing associa- privately, but the government tightly controls broadcast- tions are criticized for not protecting the labor interests ing rights.

166 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ Panel Participants Yevgeny Abov, deputy general director for development, ProfMedia publishing house; vice president, Guild of Periodical Press Publishers, Moscow

Andrey Allachverdov, editor-in-chief, Foundation for Independent Radio Broadcasting

Manana Aslamazian, executive director, Internews- Russia

Vladimir Bendersky, director general, Tomsky Vestnik, Tomsk

Veronika Dmitrieva, regional director, Media Develop- ment Loan Fund

Mikhail Kaluzhsky, director of operations, IREX Media

Anna Koshman, director, Interregional Institute of Media Consulting, Moscow

Mila Kuzina, media correspondent, Izvestiya, Moscow

Anna Lubavina, media consultant, Media Business Con- sulting, Moscow

Yekaterina Lysova, lawyer, IREX Media

Dmitry Merezhko, executive director, Association of Independent Regional Publishers

Sara Nunaeva, director general, Paritet Publishing House, Omsk

Andrei Richter, director, Media Law & Policy Institute, Moscow Moderator Victoria Kozlova, consultant

RUSSIA 167 On the threshold of the [October 2004] presidential election the screws are put on, the loyal people appear on the scene and take up key posts, and in spite of strengthening mass media in the market, it remains politically dependent,” said one participant. Ukraine

Introduction he media situation in Ukraine is a contradictory one. The advertis- ing market is developing rapidly, with revenues doubling during 2003 and the outlook optimistic. In most regions of the country, there are stable, profitable newspapers that operate as media businesses, making their money through advertising and circulation. But at the same time, most newspapers continue to be subsidized by politicians, governmen- tal bodies, or both. In the broadcast sector, government and political forces keep all national channels and many regional channels under tight rein. T Journalistic and ethical standards remain relatively low at most mass-media outlets, and the outlook for freedom of expression protec- tions is dire. It is in editorial practices, more so than in their business performance, that most media outlets fall short. But panelists noted that the strong—and, some said, increasing—control of the media by business and political interests has created problems on the business side as well for some outlets. And even when media outlets are pri- vately owned, the government and political powers are able to exercise significant influence over their operations. Panelists cited this as a lim- iting factor in the development of mass media as business enterprises. “On the threshold of the [October 2004] presidential election the screws are put on, the loyal people appear on the scene and take up key posts, and in spite of strengthening mass media in the market, it remains politically dependent,” said one participant in the 2003 Media Sustainability Index (MSI) panel. Thus, even the general strengthening of the market for mass media has not meant that the number of independent news outlets has grown or that the independent media have become much stronger. Still, there are positive developments, such as the maturing of professional associations and media-support nongovernmental orga- nizations (NGOs), and the improvement that comes as a byproduct of a general upswing in Ukraine’s economic performance, particularly in urban areas.

UKRAINE 169 Objective Scoring Indicator Scoring The averages of all the indicators are averaged to obtain a single, Each indicator is scored using the following system: overall score for each objective. Objective scores are averaged to provide 0 = Country does not meet indicator; government or social forces may actively an overall score for the country. IREX interprets the overall scores as follows: oppose its implementation 3 and above: Sustainable and free independent media 1 = Country minimally meets aspects of the indicator; forces may not actively oppose its implementation, but business environment may not support it 2–3: Independent media approaching sustainability and government or profession do not fully and actively support change 1–2: Significant progress remains to be made; 2 = Country has begun to meet many aspects of the indicator, but progress may society or government is not fully supportive be too recent to judge or still dependent on current government or political forces 0–1: Country meets few indicators; government and society actively oppose change 3 = Country meets most aspects of the indicator; implementation of the indica- tor has occurred over several years and/or through changes in government, indicating likely sustainability 4 = Country meets the aspects of the indicator; implementation has remained intact over multiple changes in government, economic fluctuations, changes in public opinion, and/or changing social conventions

170 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ Panelists noted that “Freedom of speech Objective 1: Free Speech journalists may only Ukraine Objective Score: 1.70/4.00 be able to protect is not valued in our their rights by filing society, and it doesn’t On paper, Ukraine’s Constitution, laws, and interna- lawsuits, but that tional agreements adequately guarantee freedom of they have little cause public outrage” speech and access to information. A law passed in 2003 expertise or ambi- when it is threatened, that outlaws government censorship was cited by panel- tion in this area. ists as a positive step. Public apathy about one panelist said. Enforcement of those laws and actual protection of the plight of jour- those rights, however, depend on political will, and that nalists also is widespread, and numerous violations of is too often lacking in Ukraine. The public and journal- journalists’ rights, though widely publicized, have drawn ists have encountered many obstacles fighting for rights little public reaction. “Freedom of speech is not valued in that are, by law, guaranteed to them. In particular, there our society, and it doesn’t cause public outrage” when it is no access to the information that, according to the law, is threatened, one panelist said. should be readily available, and the government does Licensing of broadcasters continues not to be trans- not take seriously violations of journalists’ rights or hold parent. Panelists agreed that the procedures are competi- anybody accountable. tive but unfair, and that political factors are almost always At the same time, journalists and media outlets the most important in determining whether licenses are too often lackadaisical in asserting their own rights. are issued. The process also is tainted by hidden agree- ments between companies and authorities. For example, broadcasting company TRK Ukraina received a license Legal and social norms protect and promote in an astonishingly short time. But there was little doubt free speech and access to public information that this was due to the fact that the Cabinet of Ministers, ■ Legal/social protections of free speech exist which should have no influence in licensing decisions, had and are enforced. passed resolutions urging that the license be granted. The competition was a mere formality. ■ Licensing of broadcast media is fair, competitive, and apolitical. One panelist noted that the regional broadcast media outlets often are granted licenses after lobbying ■ Market entry and tax structure for media are fair the National Council for TV and Radio (NCTVR)—the and comparable to other industries. licensing body—and through the help of corrupt offi- ■ Crimes against journalists or media outlets are cials. The NCTVR’s members are appointed in equal prosecuted vigorously, but occurrences of such shares by the parliament and the president. While this crimes are rare. might seem to be a method for preventing either branch ■ State or public media do not receive preferential from gaining an upper hand, the reality has been that the legal treatment, and law guarantees editorial council has suffered constant internal turmoil and has independence. not been an effective, or objective, body. “Good market conditions are actually the only ■ Libel is a civil law issue; public officials are held to higher standards, and the offended party factor that allow mass media to develop,” said one panel- must prove falsity and malice. ist. But many media outlets do not, in fact, depend on the market for their survival: their journalists and managers ■ Public information is easily accessible; right of are much more interested in finding political or business access to information is equally enforced for all SPEECH INDICATORS SPEECH FREE media and journalists. sponsors, instead of developing sound business plans and practices, panelists said. This causes very uneven levels of ■ Media outlets have unrestricted access to infor- professionalism, on the editorial as well as business sides mation; this is equally enforced for all media of newspapers and broadcasters alike. and journalists. Media businesses are under the same taxation ■ Entry into the journalism profession is free, and structure as other businesses in Ukraine. There are no government imposes no licensing, restrictions, additional taxes, and, in fact, media businesses receive or special rights for journalists. some tax benefits, such as exemption from value-added

UKRAINE 171 “Good market tax (VAT) for them. Virtually no case involving an attack on a journal- conditions are imported equip- ist or media office has been resolved fully. Ukrainian law ment. However, says that crimes against journalists should be investi- actually the only most of those tax gated just as those against the police would be. While factor that allow benefits will lapse that should afford some protection to journalists, it also in 2004. could cause public mistrust of the profession. “Journal- mass media to In response ism cannot be associated with the police in a democratic develop,” said to complaints about society,” said one panelist. politically moti- There are no reliable statistics on the number of one panelist. vated tax inspec- journalists killed because of their professional activi- tions in years past, ties. There have been a number of cases where the media the government of Ukraine agreed that mass-media believed that this had occurred and asked for thorough businesses would not be subject to surprise inspections. investigations. Invariably, the president announced that Instead, media companies learn at the beginning of each the case would be under his personal supervision, as a year whether they are scheduled to be inspected during sign of the cases’ importance. But that has made some the year. But one panelist questioned the value of this journalists, and several panelists, uneasy. concession from the tax authorities, which only the media “It’s not comfortable to live in a country where the industry receives: “If you carry on a business, you should investigation of a man’s death depends on his profession. be prepared for tax inspection. In this situation, the state If something happened to a yard keeper, then it’s not nec- is saying to media companies, ‘We know that not every- essary to investigate it, but if he was a journalist, then it is thing is correct in your business and before the elections necessary? All of us have the right to life and to defend our we are not going to inspect you, but you have to be loyal lives, but journalists seem to be privileged, and such privi- and remember that.’” lege destroys the journalists’ reputation,” said one panelist. Having only scheduled tax inspections also By law, government-owned media do not receive makes it possible for politically loyal mass media to any preference in access to information, but in reality the cheat on tax payments. Thus, while the government can opposite is often true. In getting documents, interviews, point to its inspection policy as a sign that it supports and answers to questions at press conferences, state- freedom of the press, some independent media advo- owned or other “loyal” media often get preferential treat- cates consider it no more than a method for protect- ment. “When a journalist gets access to an official source ing favored media outlets and giving them free rein to of information, he has to be loyal, or otherwise the access practice unethical business policies. will be denied,” said one participant. And there often is The inspection policy notwithstanding, Ukrainian little effort to hide the favoritism—or punishment. For mass media tend not to criticize or investigate the tax example, one journalist, representing STB-TV news as authorities for fear of retaliation. Similarly, once even well as Agence France-Presse, was denied access to the a scheduled tax inspection does begin, more than one summit of the European Council in Yalta after she disre- media outlet suddenly has filled its pages or airtime with garded the “advice” of the president’s press secretary not positive articles and favorable comments about the tax to ask President Leonid Kuchma a question regarding the bodies and their leaders. Russian-Ukrainian conflict over Tuzla Island. Crimes against journalists are rare in Ukraine, but Panelists also noted that journalists willing to certainly not unheard of. Those that have occurred— dig for information, or to file freedom-of-information particularly the beheading of Georgi Gongadze several requests, can get access to government information with- years ago—created fear among journalists and made out currying favor. Unfortunately, far too few journalists them more cautious. “After the Gongadze case, journal- are willing to make those efforts. ists keep their heads up,” a panelist said. Some journal- There is no such thing as “public” media in ists and media organizations are quick to label any crime Ukraine. There are many government-owned stations in which a journalist is victimized as a consequence of and newspapers, but they do not operate as public media professional activity although, as panelists pointed out, and have no independence. Rather, they are used as tools the true explanation may be much more mundane. by the government to maintain control and to dissemi- When crimes against journalists do occur, officials nate propaganda, and their editorial policies are tightly often voice concern but make little progress in solving controlled by the government.

172 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ Moreover, government officials or political powers information is not “When a journalist gets control the editorial policies of many private media. regularly published Because so many media outlets are used primarily to fur- or made available access to an official ther the business or political interests of owners, patrons, to the public. In source of information, or the government, editors or journalists seen as disloyal general, participants are fired and replaced. For example, at the privately estimated, only he has to be loyal, or owned newspaper Segodnya, editor Oleg Nepadymka about 30 percent otherwise the access was replaced because the paper was not as strongly pro- of the decisions of presidential as its patrons would have liked. Editors and local government will be denied,” said journalists understand and accept this system, and there bodies are recorded one participant. is no outcry that such firings are unethical. publicly. Libel is a civil matter in Ukraine, but there have There is no been legislative proposals, most notably by the Commu- legal restriction on access to foreign media sources, and nist Party, to resurrect laws concerning criminal libel. foreign newspapers and magazines are available—though Panelists positively appraised changes in legisla- expensive—in larger cities. Local cable television usually tion to require politicians or public figures suing the includes some foreign channels, particularly from Russia, media to prove actual malice. “If in the past filing a Germany, and Poland. Russian-language versions of suit was an effective way to get even with disagreeable Western channels, such as EuroNews and the Discovery mass media, the mass media have now learned to work Channel, also are available via cable or satellite television. within the court system and effectively protect them- Internet access to foreign sites is not blocked; however, selves,” said one panelist. only a small percentage of Ukraine’s population has However, libel remains a huge problem in access to these sources because of their cost and because Ukraine—not in the courts, but in the form of libelous residents do not know languages other than Ukrainian material in the media. There have been cases in which and Russian. media were well paid to spread false information deliber- There has been sporadic government opposition ately. In such cases, once the political damage was done to local transmission of foreign broadcasters such as or another intended effect achieved, the statements were Deutsche Welle, BBC, and Radio Free Liberty/Radio retracted or else damages were paid by the deep-pocket Europe. Early in 2004, after the MSI panel met, there owners or patrons of the media outlet. In 2003, for were several disturbing occurrences regarding this. The example, a court ruled that national television channel local FM station in Kyiv that had carried RFE/RL sud- 1+1 had knowingly spread false information about oppo- denly dropped the broadcasts after new managers took sition parties and leaders before the 2002 parliamentary over. Another FM station, long seen as an opposition elections. The television channel acknowledged its fault, stronghold, then agreed to pick up RFE/RL and within but only long after the elections. days had its transmission equipment confiscated, alleg- Access to government information remains prob- edly because of a licensing problem. That station, Radio lematic. This is partly because of the mindset of local Continent, also broadcast Deutsche Welle, VOA, and the officials, who find it preferable to deny information to BBC, all of which then went off the air. the public rather than face any possible consequences for Panelists noted another problem with foreign releasing information that may put their superiors or the media—the illegal use of copyrighted material by Ukrai- government in a bad light. But panelists also emphasized nian media. Many journalists believe that as long as they that journalists often are unwilling to look for informa- credit a report to its original source, there is no problem tion themselves, instead demanding that government in reprinting an entire article or photograph without officials and agencies do the research and compile data for obtaining permission from the copyright owner. them. “The possibility to have access to the information There are no special restrictions on who can be doesn’t mean that the officials have to provide the copies a journalist. In fact, there are even certain privileges in of all the materials to everybody who wants them and do some cases, particularly for journalists working for state- the journalist’s work,” emphasized one participant. owned media. Workers for state-owned media, for exam- Ukraine does have a law governing state secrets, ple, have the same status as other government employees and journalists, like everyone else, are subject to it. More for the purposes of social benefits and pensions, which problematic, though, is that most routine government are often better than the benefits available to non-state

UKRAINE 173 employees. Panelists agreed that such privileges are a way daughter of U.S. “The more flexible the for the government to keep journalists quiescent and Vice President Dick journalist is, the more dependent on the authorities. Cheney had gone to In general, participants agreed that there is no Iraq to join human- possibilities he has to essential difference in legal support of the freedom of the shield protesters cover topics according press on national and regional levels. But there is a prob- and that the U.S. lem—at all levels—of journalists having poor knowledge government was to the editor’s policy,” of the legislation, their rights, and how to deal with legal covering this up. a participant said. issues pertaining to the media. Rather than check- ing the accuracy of the report before publication, the media outlets had to Objective 2: Professional Journalism run corrections later. Ukraine Objective Score: 1.25/4.00 According to one panelist, the editors of smaller, regional newspapers also now understand the need for The low level of professional and ethical standards—or, balance and for including multiple points of view in their in some cases, the complete absence of such stan- stories, but that understanding does not always make the dards—remains one of the main problems of Ukrainian leap from the theoretical to the practical. The partici- journalism. According to the panelists, this problem is pants also noted the difference in approach between the most prevalent among broadcast journalists. It is also private regional outlets working as media businesses typical for journalists to express their own opinions in and striving for balance and those newspapers that exist their reporting, rather than provide the range of views of primarily to serve political ends. “The aim of such news- the various participants in an issue or conflict. Journal- papers is to support the political order, and so they don’t ists also too often do not take the trouble to check the need to check the information and keep the balance,” accuracy of information they have received, even when said one participant. it appears dubious. For example, in the prelude to the The panel noted that respect for ethical standards war in Iraq, Ukrainian media widely reported that the at any media outlet depends on the publisher or manager and whether this person insists that rules be established and followed. “Kyiv-based journalists not only don’t Journalism meets professional standards of obey rules of ethics,” one panelist said, “they don’t even quality obey the laws.” According to the panel, journalists justify their lack of professionalism and ethics by referring to ■ Reporting is fair, objective, and well sourced. the “realities” of life in Ukraine, saying that in the cur- ■ Journalists follow recognized and accepted rent situation they cannot afford such niceties. “They just ethical standards. are not ready to take the responsibility for their actions,” ■ Journalists and editors do not practice said one participant. self-censorship. Self-censorship is ubiquitous, most often because INDICATORS journalists and editors fear prosecution or being cut off ■ Journalists cover key events and issues. from official information sources by vengeful govern- ■ Pay levels for journalists and other media ment officials. Virtually every newspaper, radio, and professionals are sufficiently high to discourage television station has its own list of topics to avoid. Most corruption. often, the list centers on investigations of or comments ■ Entertainment programming does not eclipse upon the work of the legal and judicial systems. It is news and information programming. common for reporters and editors to discuss openly just how far they can go in covering an issue. At some ■ Technical facilities and equipment for gathering, media outlets, a panelist said, journalists’ performance producing, and distributing news are modern and efficient. evaluations note their ability to identify touchy issues and willingness to steer clear of controversy and trouble. ■ Quality niche reporting and programming “The more flexible the journalist is, the more possibilities exists (investigative, economics/business, local, he has to cover topics according to the editor’s policy,” a

PROFESSIONAL JOURNALISM PROFESSIONAL political). participant said.

174 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ The salaries of journalists in privately owned be said on the air to “The aim of such media outlets are generally higher than those in state- potentially offend newspapers is to owned media. Salaries for broadcast journalists are powerful figures. higher than those for print journalists, and salaries in Rarely do stations support the Kyiv are much higher than those in the regions. Televi- get pressured for political order, and sion reporters make about three times as much as news- running entertain- paper reporters. According to one panelist, the average ment programming, so they don’t need to Kyiv newspaper reporter is paid $300 to $400 a month, which also is more check the information and a section editor receives $500 to $700. At a Kyiv profitable—one television station, junior reporters earn $500 or more reason why it is and keep the balance,” per month, and established, senior television journalists almost impossible make $1,000 or more. to find any news said one participant. Compared with the average Ukrainian worker, programming on journalists are well paid, but part of that income almost FM radio stations. always comes “under the table.” That means that Many media outlets are equipped with modern, although the additional money is tax free, it also pro- often state-of-the-art technical equipment. According to vides a publisher or station manager with an additional a survey of more than 1,000 journalists in 12 cities con- hold over staff members. If they quit or are fired, their ducted by the NGO Journalism Initiative, 91 percent of unemployment settlement is based only on the official, journalists use computers in their work. Internet and e- lower salary. mail are available to 70 percent of journalists, and mobile Relatively high salaries do not prevent corruption. communications to more than 50 percent. State-owned At many media outlets, journalists write and shoot sto- media tend to lag behind, with less-modern equipment. ries “ordered” by paying sources. Sometimes the orders And in some cases, panelists said, media outlets run as are placed through the newspaper or station, in which political tools or even money-laundering operations, case the reporter gets only a share of the income; in rather than businesses, and have no incentive to provide other cases, the reporter makes a deal directly and keeps technical improvements. the full fee. Such paid stories are commonplace, usually Niche journalism is not well developed in most easily recognized by readers, and have contributed to a areas, though there are papers that specialize in busi- sharp drop in the level of trust the public has in media. ness and sports news, as well as a plethora of magazines Some media outlets create strict rules aimed at devoted to specific topics of reader interest. But high- preventing corruption. These rules prohibit accepting quality beat coverage in most newspapers and broadcast gifts or writing articles for outside pay. One panelist stations remains the exception, rather than the norm. noted that it is not the level of salary that is the prime factor in considering whether corruption among journal- ists can be prevented, but the likelihood of punishment. Objective 3: Plurality of News Sources Thus, even among media outlets with low pay scales, Ukraine Objective Score: 1.60/4.00 strict rules against accepting outside money and punish- ments such as dismissal have been effective. According to data from Ukraine’s State Committee on The balance between informational and entertain- Radio and Television, more than 18,000 periodicals were ment programs differs greatly between Kyiv and outlying registered at the beginning of November 2003. Of those, areas, panel participants said. In the capital, television about 56 percent were distributed only in their local area, stations have been cutting news programs during 2003, while the rest have regional, national, or international removing them from prime time, or shortening their circulation. The local publications are overwhelmingly duration, a trend that has not begun at regional outlets. newspapers, while those with wider distribution are According to one panelist, managers of most channels evenly split between newspapers and magazines. There justify such policy by stating that the news programs were 255 periodicals registered as state-owned, and cause more trouble than benefit due to the high politi- another 1,185 owned by municipal or other local govern- cal risk. Panelists also pointed out that there has been a ments. sharp drop in the number of news or talk shows pre- Both Ukrainian- and Russian-language publica- sented live because of the unpredictability of what might tions exist in profusion, though Ukrainian has a slight

UKRAINE 175 Multiple news sources provide citizens with Ukraine has: reliable and objective news ■ Three national television networks that are used for broadcasting by the National TV Company of Ukraine ■ A plurality of affordable public and private news (channel UT-1, which covers 96 percent of the terri- sources (e.g., print, broadcast, Internet) exists. tory of Ukraine), Studio 1+1 (channel UT-2, which ■ Citizens’ access to domestic or international covers 86 percent of Ukraine), and independent televi- media is not restricted. sion corporation Inter (channel UT-3, which covers 64 percent of the territory of Ukraine);

INDICATORS ■ State or public media reflect the views of the ■ Three national radio networks (UR-1, covering 90 entire political spectrum, are nonpartisan, and serve the public interest. percent of the territory of Ukraine; UR-2, covering 76 percent of Ukraine; and UR-3, covering 62 percent); ■ Independent news agencies gather and distrib- ■ Regional television networks that broadcast television ute news for print and broadcast media. programs to more than two regions of Ukraine (ICTV, ■ Independent broadcast media produce their own Novi Kanal, STB, NBM, TV 1 (OTV), Tonis Center, news programs. Ukraina, TET, Tonis South, M-1) and 10 regional radio networks (NBM, NART, Klas, Leader, Nashe Radio, ■ Transparency of media ownership allows consumers to judge objectivity of news; Dovira, Gala-Radio, Radio Rox, Utar, Radio Lux); media ownership is not concentrated in a ■ Regional television networks (25 state-owned and few conglomerates. four private); ■ Regional radio networks (25 state-owned and two ■ A broad spectrum of social interests are reflected and represented in the media, includ- private; 328 television channels and 193 radio fre-

PLURALITY OF NEWS SOURCES NEWS OF PLURALITY ing minority-language information sources. quencies that provide local broadcasting and represent 21 percent of all the channels and radio frequencies in edge in terms of the number of titles published in that operation, but only 6 percent of the total amount of language. Hundreds of publications have both Ukrai- broadcasting). nian and Russian editions, or, more commonly, mix the Panelists noted that virtually all national televi- two languages in one edition. A handful of publications sion channels are under control of government officials exist in other languages, such as Hungarian, Romanian, or oligarchs aligned with the presidential administration. Polish, German, According to the newspaper Stolichniye Novosti, the tele- “None of the state- Tatar, and English. vision channels Inter and 1+1 are controlled by the Social According Democratic Party of Ukraine (United) (SDPU(U)), owned mass media to the Chamber whose leader is Viktor Medvedchuk, head of the presi- serve the interests of of Publications of dential administration. The newspaper said ICTV, Ukraine, newspa- STB, and Novi Kanal are controlled by Viktor Pinchuk, the society,” said one per circulation in President Kuchma’s son-in-law. As a result, panelists panelist. “The only Ukraine is 1,807 said, the diversity of informational sources on television copies per 1,000 is significantly limited. good thing about it people, a number The situation with radio stations is similar. is that the reading that has been According to Stolichniye Novosti, nine of the 25 largest climbing steadily in FM stations in Kyiv are controlled by Pinchuk, and six of audience for these recent years. these nine are networks that also cover other parts of the papers is so small.” According country. Various presidential allies also control most of to the NCTVR, the national newspapers, according to the panelists. Ukraine has 791 broadcasting outlets, with 931 licenses Readers in the regions place more trust in local issued. Among them are 28 state-owned outlets, 250 and regional newspapers than in the national editions, municipal outlets, and 513 commercial outlets. They and the circulations reflect that. In regional cities, one transmit an aggregate of 8,366 hours of programming a panelist said, most people can afford to buy and read day. Most of the stations are broadcasters, but there also a privately owned newspaper. In rural areas, however, are 380 cable operators. Of those, only 85 have licenses the widest circulation is for newspapers owned by local and operate legally. governments and sold at very low prices.

176 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ There is no access restriction to foreign news, but leader’s appear- “There is a mistaken most people use no foreign news sources other than ance was marred by Russian ones because of the language barrier. In western attacks on his sup- belief that there are Ukraine, there is a significant use of media from Poland. porters and logisti- many informational Estimates say that about 8 percent of Ukraine’s cal roadblocks by population uses the Internet regularly, but the number is local authorities), agencies in the media growing rapidly throughout the country. Most users— it shows that all the market and the market and Internet infrastructure—are in cities, with rural agencies did their areas lagging badly. work poorly and is full,” said one Internet access to information has exacerbated one the way the events panelist. “But if you problem: Mass media, almost without exception, illegally were covered was reprint articles and other materials from foreign news very much oriented consider the coverage agencies and outlets. Most Ukrainian papers and broad- in favor of the casters do not have their own correspondents abroad, so government.” of what happened to they simply lift material from websites or foreign broad- It would be Viktor Yushchenko in casts, often presenting it as their own material without impossible for a acknowledging the source. Newspapers are more likely mass-media outlet Donetsk (when the to acknowledge the source, but still think nothing of to be able to get an popular opposition reprinting without permission. objective picture The state-owned mass media work as party out- of such politically leader’s appearance lets, receiving tasks from the government and serving charged events was marred by attacks the interests of those in power. “None of the state-owned by relying only mass media serve the interests of the society,” said one on information on his supporters and panelist. “The only good thing about it is that the read- from one news logistical roadblocks ing audience for these papers is so small.” It has become agency. At the same routine for broadcasters to bar coverage of opposition time, Ukraine has by local authorities), political powers completely. The news about them is not numerous websites it shows that all the slanted; it simply does not exist. that serve as de State-owned channels continue to broadcast facto news agencies. agencies did their many hours of programming devoted to cultural and They fill informa- work poorly and the educational issues, though the quality of these programs tion gaps created remains low, as does their viewership. by the agencies way the events were Regional television and radio stations generally and are much freer produce their own news programs, but these programs from government covered was very are usually heavily focused on government actions and influence. However, much oriented in favor personalities. The tone of the news on television depends their political spon- on the owner’s attitude toward the power structures. sors and supporters of the government.” Today there are several large-scale informational are rarely made agencies in Ukraine, all of them under the influence of clear, and users of these sites have no guarantee that the authorities. One, DINAU, is state-owned; its news is the information is accurate or fair. Nonetheless, these distributed to state-owned outlets, creating unfair com- sites are regularly used, and cited, by regional media— petition on the media market. The DINAU reports usu- sometimes not because they are better than the paid ally contain official information about the work of the agencies, but because the information on them is free. authorities. The other two agencies—privately owned It is virtually impossible to tell who owns a media Interfax and UNIAN—also are not always unbiased in outlet. The staff of Telekritika, a website supported by presenting information. “There is a mistaken belief that international donors that covers media developments in there are many informational agencies in the media Ukraine, sought information about the owners of televi- market and the market is full,” said one panelist. “But if sion channels from the NCTVR. The request was denied, you consider the coverage of what happened to Viktor with the council saying that by law such information can Yushchenko in Donetsk (when the popular opposition be given only when ordered by a court.

UKRAINE 177 Ukrainian law requires that information about even under their “Ukraine appears to the founders of a media outlet be public, but the found- own ownership. be at the stage where ers and the owners are not always the same. In addi- “Ukraine appears tion, many owners are simply placeholders for powerful to be at the stage newspapers create interests working behind the scenes. Panelists describe where newspapers their own structures the national mass media in Ukraine as essentially a create their own monopoly, although not through direct ownership. This structures of print- of printing and is less true in the regional mass media, where the owners ing and distribu- distribution. That of most papers and stations are known. tion. That often Mass media in minority languages (except Rus- happens when pub- often happens when sian) concentrate mostly on issues relevant primarily to lishers buy presses their particular ethnic audience. Most such media are and all of them publishers buy presses owned or supported financially by the government, and become profitable,” and all of them the quality tends to be very low. said one panelist. Russian-language media is the exception. Two large- become profitable,” Although it is not an official language—only Ukrainian scale operators con- said one panelist. has that status—panelists pointed out that for Ukraine as trol most newspaper a whole, the circulation of newspapers in Russian exceeds distribution in Ukraine: Ukrposhta, the post office, that of newspapers published in Ukrainian. delivers subscriptions to home mailboxes, and Ukrdruk In late 2003, the parliament passed a law saying controls kiosks that handle retail sales of newspapers. that all advertising must be published in Ukrainian. Ukrposhta has 15,000 post offices and 50,000 mail carri- After an international outcry, the law was repealed in ers, and delivers 15.4 million copies of newspapers—but early 2004, never having been enforced. often not well. Daily newspapers may be delivered a day or two late, and sometimes subscribers receive an entire week’s worth of papers at the same time the follow- Objective 4: Business Management ing week. Newspapers also are unhappy with the prices Ukraine Objective Score: 1.99/4.00

Printing newspapers in Ukraine is a complex business Independent media are well-managed involving hundreds of companies, both private and gov- businesses, allowing editorial independence ernment-owned. Most papers continue to be printed on ■ Media outlets and supporting firms operate as state-owned presses. The state is loath to give up control efficient, professional, and profit-generating over printing, and during a recent privatization, control businesses. over 19 printing plants was given to the state-owned company Ukrizdatpoligrafiya. ■ Media receive revenue from a multitude of sources. According to the State Committee for TV and Radio, Ukrainian printing presses are being used at 42 ■ Advertising agencies and related industries INDICATORS percent of capacity, mostly to publish papers receiving support an advertising market. subsidies from the budgets of different levels of govern- ■ Advertising revenue as a percentage of total ment. This creates a difference in the cost of printing for revenue is in line with accepted standards at private and state-owned media. Government officials commercial outlets. who control the budgets for the state-owned presses can ■ Independent media do not receive government pressure those printing plants not to work with opposi- subsidies. tion media. In recent years, however, the number of high- ■ Market research is used to formulate strategic quality, privately owned presses has climbed dramati- plans, enhance advertising revenue, and tailor products to the needs and interests of cally, and they now can be found in Kyiv and in most audiences. regions of the country. Newspaper staffs that once had to travel hundreds of kilometers to find a private MANAGEMENT BUSINESS ■ Broadcast ratings and circulation figures are printer now often have one in their own city—or reliably and independently produced.

178 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ charged by the monopoly Ukrposhta, and with the pers are using research to help them identify audiences post office’s unwillingness to share subscriber informa- and target content appropriately. tion with the newspapers. All this has spurred regional Circulation numbers are unreliable. Newspapers newspapers to create their own distribution systems. self-report their circulations, but virtually all overstate Many already have developed or are finishing creating the numbers. There is no audit bureau of circulation or such systems, but none has a nationwide reach. “This is other organization to verify circulation figures. Some one of the reasons why there is no national large-scale media outlets publish weekly or monthly circulation and high-quality daily newspaper in Ukraine,” said one figures, instead of the numbers for each issue, which panelist. Indeed, one of the newspapers with the largest deceives both readers and advertisers. nationwide circulation, Fakti, uses several printing plants across the country and relies primarily on street sales. Privately owned newspapers for the most part get Objective 5: Supporting Institutions revenue from advertising, subscriptions, and retail sales. Ukraine Objective Score: 1.90/4.00 Although these private newspapers do not receive sub- sidies from state budgets, some do receive money when Associations of independent media companies have been local governments pay them for placement of official operating in Ukraine for several years and are continuing information as advertising. State-owned papers generally to expand their activities. Among them are the Ukrainian have relied largely on disbursements from government Newspaper Publishers Association (UNPA), which unites budgets. Now, however, many local governments have nearly 50 publishers of more than 100 newspapers and left their newspapers to survive on the market, retaining magazines with a weekly circulation of more than 5 mil- ownership so that they can exert control in critical peri- lion copies; the Ukrainian Association of TV Broadcasters, ods, such as during election campaigns. A third category which includes about 120 regional broadcast outlets; and of newspapers rely on political or business sponsors and the Union of Cable Broadcasters, which brings together generally are not run primarily as media businesses. more than 100 cable-television companies. Those media outlets that are run as businesses have The panelists noted that the associations effec- much to look forward to. “The outlook for the advertis- tively serve the interests of their members. But despite ing market is enormous,” one panelist said. “According the rapid growth of the associations, they represent only to the experts, there are 2,100 businesses in Kyiv that are advertising in the print media. But there are about Supporting institutions function in the 100,000 businesses. That means that only 2.1 percent of professional interests of independent media businesses are currently advertising in print media.” From 2002 to 2003, the print-media advertising ■ Trade associations represent the interests of market in Ukraine doubled, from $28 million to $60 private media owners and provide member million. According to the Ukrainian Advertising Asso- services. ciation, it is expected to climb to $80 million in 2004. ■ Professional associations work to protect Advertising revenue on television increased from journalists’ rights.

$85 million to $130 million from 2002 to 2003. National INDICATORS channels and other large-scale players account for about ■ NGOs support free speech and independent media. 75 percent of the advertising revenue on television, while regional outlets receive rather paltry revenues from ads. ■ Quality journalism degree programs that provide Market research and mass media research are substantial practical experience exist. developed industries in Ukraine, especially in the larg- ■ Short-term training and in-service training est cities. “It’s become standard that all TV advertising programs allow journalists to upgrade skills or is sold on the basis of ratings,” one panelist said. How- acquire new skills. ever, media managers do not always heed the results of ■ Sources of newsprint and printing facilities are market research when they make editorial and pro- private, apolitical, and unrestricted. gramming decisions. Regional electronic media are less likely to have a ■ Channels of media distribution (kiosks, trans- good idea of who their audience is because of the lack of mitters, Internet) are private, apolitical, and SUPPORTING INSTITUTIONS SUPPORTING unrestricted. good research. At the same time, more regional newspa-

UKRAINE 179 “The publishers are not a small fraction of NGOs supporting media exist in the form of media interested in the idea of the nation’s mass clubs and monitoring committees, but the panelists dis- media outlets. There missed them as largely inconsequential. “They exist as an trade unions, because if also are some local element of the civil society, but in truth, they exist only the journalists unite it or regional associa- because of donors’ generosity. It is impossible to buy free- tions of publishers dom with other people’s money,” said one participant. will raise the questions or broadcasters, but “Besides, these organizations mainly practice petition of signing the collective their development is drives, which means their assistance is limited to protests in the early stages. rather than effective legal or professional help.” agreement, developing One panel There also are several international media-assis- member pointed tance organizations that are active in Ukraine, including model agreements, and out that political IREX, Internews, Reporters Sans Frontières, and BBC ending under-the-table powers also have World Training Service. started to create Several resource centers for journalists have salary payments, which associations of pub- developed in Ukraine and mainly provide training, would create a financial lishers and broad- information resources, and legal assistance. They include casters from media the European Commission-funded TOP-Media Center burden for employers,” outlets under their in Odessa; the Crimean Press Center, which receives a panelist said. control. Whether grants from several donors, including IREX; Internews- that is because they Ukraine, which seek to counter the is supported by independent association or because they understand the “The mass-media various donors; and importance and effectiveness of professional associations outlets find it others. One of the is an open question. panelists said that The relatively new trade union of journalists also disadvantageous to while journalists has chapters in several areas of Ukraine, as well as a hire and retrain these have not been very national organization in Kyiv. But it has received little supportive of the recognition from owners of media outlets, and is not unqualified graduates,” trade union, the strong enough to effectively represent the interests of all one panelist said. “It’s work of these orga- journalists, or even of members. Still, it is an alternative nizations could be to the Soviet-era Union of Journalists, which tends to often easier to teach very effective. For best represent journalists at state-owned media outlets the ones who are not example, lawyers and retirees who are much more concerned about their from Internews- pension rights than about modernizing the mass media. spoiled with a classic Ukraine helped Panelists said that there had been resistance to the journalism education.” journalists block an trade union from political powers, as has been the case attempt to impose a in recent years for unions in other industries in Ukraine. labor contract that According to one panelist, the journalists working for would have seriously infringed upon their rights. successful publications also do not throw their sup- All of the panelists deplored the low level of port behind the trade union because they do not see it journalism instruction in the universities. They also as necessary to protect them. And publishers are not noted the continuing growth in the number of journal- welcoming the trade union with open arms, either. “The ism departments in regional universities and institutes, publishers are not interested in the idea of trade unions, without any control over quality. Two main problems are because if the journalists unite it will raise the ques- a lack of good instructors and a lack of good textbooks. tions of signing the collective agreement, developing The curriculum in the universities remains largely model agreements, and ending under-the-table salary unchanged since Soviet times, and the university admin- payments, which would create a financial burden for istration objects to any substantive updates. New jour- employers,” a panelist said. “They (publishers) will have nalism departments have to accept the existing national to set aside money for pension and social-security funds curriculum in order to be accredited. There has been from their own money.” a change in the elective courses offered, with those in

180 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ public relations and advertising now being very popular. to acquire new skills. There also is a new and growing But newspapers and broadcasters are in no hurry to hire cadre of Ukrainians who are, on a commercial basis, graduates of these journalism programs. “The mass- offering their skills as trainers and consultants. More media outlets find it disadvantageous to hire and retrain and more media outlets are finding that it is worth the these unqualified graduates,” one panelist said. “It’s often expense to hire such people to improve the skills of their easier to teach the ones who are not spoiled with a classic staff. Media outlets are more interested in training in journalism education.” business and management fields because of the potential Both local and international NGOs, as well as pro- to improve their bottom line. But panelists said jour- fessional associations, conduct short-term courses that nalism education workshops also are essential and that allow both new and seasoned journalists and managers having more of them would benefit Ukraine.

UKRAINE 181 Panel Participants Alexander , president, RIA Corporation, and newspaper publisher, Vinnitsa

Oleksandr Klishch, Public Affairs Section, US Embassy, Kyiv

Oksana Lysenko, reporter, Telekritika, Kyiv

Natalia Petrova, senior media law expert, TOP-Media Center, Odessa

Mykhaylo Veysberg, president, Ukrainian Newspaper Publishers Association, Kyiv

Vasyl Zorya, foreign news editor, Novy Channel, Kyiv

Moderator Oleg Khomenok, IREX U-Media Observers Tim O’Connor, resident advisor, IREX U-Media

Victoria Marchenko, Office of Democracy and Social Transition, USAID/Kyiv

Sue Folger, chief of party, U-Media, Internews Network

182 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ Central Asia

Central Asia: Average Objective Scores

1.60 Kyrgyzstan 1.62 1.29

1.32 Kazakhstan 1.54 1.42

1.22 Tajikistan 0.99 1.11 COUNTRY

0.65 Uzbekistan 1.00 0.87

Unsustainable Unsustainable Near 2003 Sustainable 0 Anti-Free Press 1 Mixed System 2 Sustainability 3 4 2002

2001 SUSTAINABILITY

CENTRAL ASIA 183 Declining audiences for state newspapers and broadcasters have led government officials to look at what they can gain from the private media, and what needs to be done to make that possible, a panel member noted. “Government officials themselves are interested in the development of a media market and the liberal- ization of media laws. Otherwise there will be no income.” Kazakhstan 185 KAZAKHSTAN - - - - - DelovoyeObozreniye and Vesti Pavlodara Vesti

— and — television stations down had been as shut result a of It is well established that the Nazarbayev regime has always con always has regime Nazarbayev the that established well is It sidered the media to be extremely important. Throughout his terms as terms his Throughout important. extremely be to media the sidered to steps unprecedented taken familyhis have and Nazarbayev president, pri targeting simultaneously while holdings media substantial acquire Introduction strengthening he the of Kazakhstan media during years, recent markedbetter by professionalism and an increasingly forceful in role civilsociety, came near a to halt in Themedia 2003. non-state sector, assuffered well as its inextricable press broadly, for freedom more linkswith the political Nursultan agenda President of Nazarbayev and hisaccording government, the to Media Sustainability Index (MSI) panel.The contradictions implicit in media a industry operating to extent some market by rules under rather a but totalitarian govern age of the ageof scandal blocked, and were increasing numbers editors of andjournalists perceivedbe affiliated to with camps opposition were arrested,attacked, otherwise or pressured. high-profile In one case, journalist a SergeiDuvanov, and human-rights activist, was arrested whatmany on believe be trumped-up to rape charges in 2002, late the his daybefore scheduled departure the States deliverfor United to a reporthuman on rights in Kazakhstan. According the to Commit ment became ment significant ever more during the 2003, panel concluded. Attemptsindependent media by outlets report to an on investigation financial of irregularities relating an to estimated $20 billion in oil legal, met by were financial, revenues and physical retaliation from theNazarbayev regime, panelists providing said. cover Websites tee to Protecttee to Journalists Duvanov was (CPJ), sentenced in January 2003three to and one-half years in prison, protests despite that his trialprocess. due number follow a thedid By of 2003, not of end privatenewspapers—such as Respublika politicizedinvestigations disguised as administrative procedures. And inthe legislative arena, draft a media was law released in 2003 that internationallegal experts predicted wouldonly serve gag to the media further.

vate media organizations considered unfriendly to the administration. administration. the unfriendly to considered organizations media vate T Objective Scoring Indicator Scoring The averages of all the indicators are averaged to obtain a single, Each indicator is scored using the following system: overall score for each objective. Objective scores are averaged to provide 0 = Country does not meet indicator; government or social forces may actively an overall score for the country. IREX interprets the overall scores as follows: oppose its implementation 3 and above: Sustainable and free independent media 1 = Country minimally meets aspects of the indicator; forces may not actively oppose its implementation, but business environment may not support it 2–3: Independent media approaching sustainability and government or profession do not fully and actively support change 1–2: Significant progress remains to be made; 2 = Country has begun to meet many aspects of the indicator, but progress may society or government is not fully supportive be too recent to judge or still dependent on current government or political forces 0–1: Country meets few indicators; government and society actively oppose change 3 = Country meets most aspects of the indicator; implementation of the indica- tor has occurred over several years and/or through changes in government, indicating likely sustainability 4 = Country meets the aspects of the indicator; implementation has remained intact over multiple changes in government, economic fluctuations, changes in public opinion, and/or changing social conventions

186 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ Indeed, in an April 2003 speech at the Eurasian Media copies printed, “Media laws do exist, Forum, the president made his views clear on the limits to the names of the freedom of speech: “In a poor society, torn by social antag- media company’s but they are mainly for onisms, it is impossible to attain the model of a liberal directors, and regulation and are of and pluralistic press.” The president continued: “A weak other details in civil society confronted by social and political pressures is each edition of the a restrictive nature— turning the media into an instrument of social disintegra- newspaper. “Media and only the parts tion. It is also necessary to clearly define the responsibility laws do exist, but of the media in violating the law. Society needs freedom of they are mainly concerning 1 speech, and not freedom of libel and disinformation.” for regulation and restrictions are The president’s political advisor Ermukhamet are of a restrictive Ertysbayev, in an interview with the independent Assandi nature—and only complied with fully.” Times, published on April 27, 2003, indicated he consid- the parts concern- ered closing independent newspapers a possibility for the ing restrictions are government. “The field of newspapers can be narrowed complied with fully,” said a panel member. The panelist if opposition newspapers continue to adhere to their also noted that the general public is not particularly con- position that media should not be the means of informa- cerned about free-speech issues, attacks on journalists, or tion, but rather the means for a political struggle,” he establishing a viable independent press. said. “When I read an issue of Assandi Times or SolDat, The government drafted a new media law in there is no information there, but there are lots of nega- 2003 and pushed it through the lower house of parlia- tive materials about Kazakhstan. These articles have the sole purpose of shaping public opinion in their image in Legal and social norms protect and promote order to rearrange the political system of the country, free speech and access to public information remove the president from power, and cause a number of other political cataclysms.” In the view of the MSI ■ Legal/social protections of free speech exist participants, such statements foretold a renewed attack and are enforced. on press freedoms in Kazakhstan and a general lowering ■ Licensing of broadcast media is fair, competitive, of the panel’s evaluation of the country’s progress toward and apolitical. a sustainable independent media. ■ Market entry and tax structure for media are fair and comparable to other industries. Objective 1: Free Speech ■ Crimes against journalists or media outlets are Kazakhstan Objective Score: 1.20/4.00 prosecuted vigorously, but occurrences of such crimes are rare.

The Constitution of the Republic of Kazakhstan and the ■ State or public media do not receive preferential current mass media law guarantee freedom of speech and legal treatment, and law guarantees editorial prohibit censorship. Unfortunately, other legislation and independence. law-enforcement practices are not adequate to ensure ■ Libel is a civil law issue; public officials are held these principles are upheld. The current criminal code to higher standards, and the offended party contains six articles that define the liability of journalists must prove falsity and malice. for infringement of personal nonproperty rights, includ- ■ ing libel. The civil code requires journalists to prove Public information is easily accessible; right of access to information is equally enforced for all their innocence in the event of libel charges, and there INDICATORS SPEECH FREE media and journalists. is no limit on potential fines. Moreover, media outlets that employ these journalists are held liable for so-called ■ Media outlets have unrestricted access to infor- moral damages. The administrative code, meanwhile, mation; this is equally enforced for all media and journalists. stipulates that entire press runs can be confiscated for violating the rules regarding declaring the number of ■ Entry into the journalism profession is free, and government imposes no licensing, restrictions,

1 or special rights for journalists. http://www.eamedia.org/kns/kns1.php

KAZAKHSTAN 187 “Now tenders are ment despite deep Tema-TJ (Ural’sk) waited for a response to its first concerns voiced application for 84 days before being rejected. By early conducted all the by human-rights 2004, the company was still waiting for a response to its time. Even if they have organizations, second application for registration filed on September 29, whose evaluations 2003. Ministry of Information officials neither refuse nor been secretly awarded show the legislation authorize registrations, and feel no obligation to explain beforehand, out of four does not comply their delay or inaction. with international Broadcast licenses are issued by the Ministry of to five frequencies, you standards for free- Information, but also must be signed by the Ministry of can definitely win one speech guarantees. Transport and Communications. The licensing pro- At the time of the cess is controlled by a specially created commission of to two.” MSI panel discus- state officials and representatives from public organiza- sion, this draft tions. While the law provides for the fair distribution legislation had not yet become law. The draft extends of licenses, in practice the process is unclear. Panelists considerably the regulatory powers of the Ministry of agreed that licenses are often issued selectively, based Information, giving it control over nearly every facet of largely on applicants’ political influence and that of the media sector and the authority to suspend or revoke any opponents to the issuance of the license. However, media operating licenses. In addition, the procedures for one panelist offered another view, saying that although registration, licensing, and accreditation fall within the the licensing process is not 100 percent fair, “there are purview of state authorities rather than independent com- broadcasters that have obtained licenses without any missions, giving the government additional levers with political support.” The panel member said the situation which to control the media. International observers also had improved from two to three years ago, when few if have raised concern about the use of vague terms such as any frequencies were being distributed. “Now tenders are “propaganda,” “agitation,” and “state secrets” that could conducted all the time. Even if they have been secretly open journalists to arbitrary prosecutions. awarded beforehand, out of four to five frequencies, you Currently there are no legal provisions ensuring a can definitely win one to two,” the panelist said. level playing field for state-owned and independent media, The government has used its power to pressure the panel noted. The selective enforcement of existing and even close media outlets. When several television media laws generally means that government outlets can and radio stations began supporting opposition political do as they please while non-state media are potentially forces, they were shut down. In some cases, the owners subject to the consequences of being accused of violations. were forced to sell the outlets or simply hand them over While there are no official privileges for state media, there to someone else. When the government closed the weekly are advantages in practice that suggest the media market Delovoye Obozreniye Respublika in 2002 for printing appears liberalized but does not in fact function freely. For opinions critical of the authorities—its offices had earlier example, according to a panel member, the state exercises been set on fire—the editor-in-chief, Irina Petrushova, tight control on licensing to control entry to the media created the Assandi Times, according to the Committee industry and uses contacts within state companies and to Protect Journalists (CPJ), an international advocacy businesses to pressure independent-minded outlets. group. Petrushova, who fled the country in 2002 after she The government has introduced preferred taxa- was targeted with death threats and lawsuits, now edits tion policies for media. Taxation benefits for the media her newspaper from Russia. CPJ noted that in July, an have been in existence since 2000. For example, all Almaty district court decided a libel case against Assandi television stations and print media are exempt from the Times and awarded Nazarbayev’s son-in-law Rakhat value-added tax (VAT). While this exemption officially Aliev $2,000 after he protested an April article alleging runs out in January 2005, it could be extended beyond he had used his political connections against business that date. competitors. Registration of media organizations is very dif- The state at times impedes journalists’ access to ficult. The Ministry of Information delays action on information, and government officials track journalists’ registration applications for periods longer than the activities, permitting only loyal ones access to official mandated 15 business days, without any consequences. material. Journalists who question these arrangements or In one case, the limited-liability newspaper company criticize the government in other ways can be imprisoned,

188 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ beaten, or forced into exile. In April, Maksim Erokhin, (OSCE), nearly 85 More than half of the editor of the independent Rabat newspaper who wrote percent of journal- about illegal villas allegedly built by government officials, ists responding said those surveyed was beaten unconscious by attackers, according to CPJ. In “yes” to the question: answered affirmatively October, several men beat Andrei Doronin, a correspon- “Are there any topics dent for the independent Almaty daily Ekspress-K. He was that you consider to when asked, warned to leave the media industry after writing articles be dangerous?” More “Did you ever about illegal vodka production, the organization said. As than half of those a rule, these crimes against journalists do not engender surveyed answered experience pressure public outrage—and no perpetrators are ever found. affirmatively when while reporting?” As the government realizes that information is asked, “Did you ever becoming increasingly accessible—in Almaty alone, for experience pressure example, more than 100,000 families can afford cable while reporting?” television—it seeks additional ways of controlling its “Opposing points of view are not always rep- sources. This appeared especially true as the 2004 parlia- resented in media articles,” one panel member said. mentary elections approached. The state administration “Practically all media have ‘restricted’ topics.” Many founded its own media outlets—media nongovernmen- journalists lack the sources, time, and experience to tal organizations (NGOs) and trade organizations such expend much effort on verifying information. Political as the Congress of Journalists, the Association of TV and news reflects the affiliations of the media outlet owners, Radio Broadcasters, and a media training center. Presi- and objectivity is relegated to relatively neutral subjects. dent Nazarbayev’s daughter, Dariga, head of the powerful At both state-run and private newspapers, journalists say Khabar Media Holding Co., chaired the pro-government that they are not only allowed but even encouraged to Congress of Journalists. produce made-to-order articles. Declining audiences for state newspapers and However, pockets of professionalism and skilled broadcasters have led government officials to look at specialized reporting do exist at some media outlets. what they can gain from the private media, and what Panelists pointed out that a growing number of private needs to be done to make that possible, a panel member noted. “Government officials themselves are interested in the development of a media market and the liberalization Journalism meets professional standards of of media laws. Otherwise there will be no income.” quality Access to international news is not limited, but ■ Reporting is fair, objective, and well sourced. financial constraints mean that not every company or media manager could provide Internet access for their ■ Journalists follow recognized and accepted employees. In addition, there were repeated reports of ethical standards. blocked access to websites through the main, state-run ■ Journalists and editors do not practice Internet service provider. The journalism profession is self-censorship. open and is not restricted by licensing requirements or INDICATORS qualification exams. ■ Journalists cover key events and issues. ■ Pay levels for journalists and other media professionals are sufficiently high to discourage Objective 2: Professional Journalism corruption. Kazakhstan Objective Score: 1.36/4.00 ■ Entertainment programming does not eclipse news and information programming. The panelists agreed that there are no broadly accepted ■ journalistic standards in Kazakhstan, either because jour- Technical facilities and equipment for gathering, producing, and distributing news are modern nalists have not adopted an ethics code or because the pres- and efficient. sures at their media outlets do not allow them to implement one. In a study conducted by the International Foundation ■ Quality niche reporting and programming for the Protection of Freedom of Speech “Adil Soz” and the exists (investigative, economics/business, local,

PROFESSIONAL JOURNALISM PROFESSIONAL political). Organization for the Security and Cooperation in Europe

KAZAKHSTAN 189 “Opposing points of media are focus- The lack of specialized niche reporting is espe- ing on producing cially evident at provincial publications and broadcasters view are not always their own news with small staffs. Regional independent media are also represented in media and information particularly vulnerable to pressures from various local, programming. regional, and federal government authorities. These articles,” one panel One panel member provincial outlets also are less likely to have advanced member said. spoke of her experi- technical capacity. However, at least a few editors from ence: “At my televi- urban areas far from the administrative and commercial “Practically all media sion channel, I can capitals report that this distance appears to allow them have ‘restricted’ topics.” say that information to operate in a business-like manner within a relatively is frequently verified unrestrictive environment, although they are always and objective, and is aware that they may come under pressure. based on trustworthy sources. Errors do occur in mate- rials, like surnames, first names, and positions. (But) violations of ethical standards are extremely rare.” Objective 3: Plurality of News Sources Journalists say they frequently are forced to resort Kazakhstan Objective Score: 1.33/4.00 to self-censorship, produce coverage tailored to the demands of interest groups, or otherwise act against Access to information is limited by poverty and by gov- their consciences in order to keep their jobs. Journal- ernment restrictions. State-run media generally cover ists may not be allowed to cover vital events for fear of only government-sanctioned issues, while private outlets the backlash from the government or their own edi- answer to the interests of owners—many of whom may tors. Newspaper owners issue strict directives to their be government-connected—or face risks when they editors and journalists as to what they cannot write or broaden their coverage. talk about. For example, the monitoring of free-speech The business interests that control the leading issues in Kazakhstan done by the International Foun- media outlets have little transparency. These factors dation for the Protection of Freedom of Speech “Adil result in declining public trust in the media. Soz” showed that the owner of the newspaper Talap expressly forbade his journalists from writing about the activities of the opposition political party Democratic Multiple news sources provide citizens with Choice of Kazakhstan (DVK). News related to promi- reliable and objective news nent opposition figures such as former Prime Minister ■ A plurality of affordable public and private news Akezhan Kazhegeldin, DVK leader Mukhtar Abliazov, sources (e.g., print, broadcast, Internet) exists. or journalist and human-rights activist Sergei Duvanov was also taboo. ■ Citizens’ access to domestic or international Some panelists felt that the absence of freedom of media is not restricted.

speech had a greater affect on a journalist’s decision to INDICATORS ■ State or public media reflect the views of the

remain in media than did the low wages. Others, how- entire political spectrum, are nonpartisan, and ever, mentioned that low pay led journalists to take more serve the public interest. profitable offers from public relations agencies and press ■ Independent news agencies gather and distrib- services. Some provincial media outlets pay less than the ute news for print and broadcast media. average wage level, but wages are reasonable at selected ■ Independent broadcast media produce their own national mass media, where they may reach $400 to $500 news programs. monthly. A panelist noted other differences at the better- resourced national media: “The relative development of ■ Transparency of media ownership allows the market lets the media introduce new information consumers to judge objectivity of news; media ownership is not concentrated in a technologies. The media are starting to pay fairly high few conglomerates. salaries to their leading journalists and specialists. The competition in the market among the media themselves ■ A broad spectrum of social interests are promotes the development of professionalism.” reflected and represented in the media, includ-

PLURALITY OF NEWS SOURCES NEWS OF PLURALITY ing minority-language information sources.

190 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ “In Kazakhstan, private The major- in the languages of national minorities as permitted by media are developing ity of Kazakhstanis law, but the scope of their coverage is limited. who are media con- rapidly,” said one panel sumers live in major Objective 4: Business Management member. “There are a cities. There, most can afford to buy Kazakhstan Objective Score: 1.42/4.00 lot more of them private media pub- now, and they are lications, and some Panelists agreed that independent media outlets in can pay for Internet Kazakhstan cannot be fully financially independent, more energetic and service and cable no matter how well the business is managed. Since such television available media outlets are generally critical of government poli- professional than the on more than 30 cies, and often report on human-rights violations, they state-run media.” networks. Accord- are in a difficult financial position. Private companies ing to Kazakhtele- are simply afraid to use them as venues for advertising. com, the state Internet service provider, approximately Printing plants, both private and state, and distribu- 10 percent of the population uses the Internet. However, tors may be afraid to handle publications considered to in small towns and villages, very few can afford to buy be “opposition,” or they are sometimes ordered not to newspapers and therefore get most of their information print or disseminate certain publications. For example, from the reports carried by the state television and radio the state-owned distribution enterprise Kazbaspasoz stations. Access to Western publications is very limited was required to cancel its 2004 contract with the private due to the language barrier, and this precludes the gov- Assandi Times by order of the secret service, according to ernment from needing to restrict these foreign informa- an editor there. tion sources. “Independent media are quoted higher prices State-run media give clear preference to govern- for printed products, or are denied printing altogether, ment opinions and policies, without reflecting the entire as was the case with Assandi Times,” said one panel political spectrum. “Access to opposition websites has member. “The situation is the same with distributors, been restricted,” said one panelist. “The news agency ser- vices of Interfax and www.kazaag.kz do not always pres- ent information about events in Kazakhstan. They ‘hush Independent media are well-managed it up.’ For the most part, that applies to topics related to businesses, allowing editorial independence dissidence or the opposition.” ■ Media outlets and supporting firms operate as Some independent media, however, do produce efficient, professional, and profit-generating their own news programs with a relatively broad scope. businesses. They also use news agencies even though such services are expensive. “In Kazakhstan, private media are devel- ■ Media receive revenue from a multitude of sources. oping rapidly,” said one panel member. “There are a lot more of them now, and they are more energetic and ■ Advertising agencies and related industries INDICATORS professional than the state-run media.” support an advertising market. In fact, one panel member noted, the general ■ Advertising revenue as a percentage of total disinterest in “official” media on the part of readers and revenue is in line with accepted standards at viewers has led those in power to consider the potential commercial outlets. in “private” outlets. “The ratings of state-run television ■ Independent media do not receive government and radio stations are very low, as are state newspaper subsidies. circulation numbers. The situation is becoming inter- esting, as the authorities themselves are turning to the ■ Market research is used to formulate strategic private media,” the panelist said. plans, enhance advertising revenue, and tailor products to the needs and interests of Media organizations that may receive government audiences. contract work can only develop their programs in the official language of the state, Kazakh. Media are available MANAGEMENT BUSINESS ■ Broadcast ratings and circulation figures are reliably and independently produced.

KAZAKHSTAN 191 “Independent media who can be intimi- panelists. In the cities, advertising amounts on average dated and forced of 20 to 30 percent of revenues for a media outlet, panel are quoted higher to deny service to members estimated. prices for printed media. For example, Advertising is almost the only source of income for in the last three many regional television and radio stations. The adver- products, or are weeks our news- tising market in Kazakhstan is developing rapidly and is denied printing paper has been fairly sizeable by Central Asian standards—$120 million withdrawn from a year, according to the panel members. The regional altogether, as was the distributors, or advertising market supports about 50 television stations the case with bought up in bulk and 30 radio stations in Kazakhstan. Advertising rev- by policemen and enues may provide enough for a media outlet’s operating Assandi Times,” said people in civilian costs, but not enough for any expansion or new business clothes.” development. The percentage of advertising revenues in one panel member. Although overall budgets is 10 to 12 percent for television, and 5 “The situation is media outlets are percent for newspapers. Much of the rest of independent not officially subsi- media outlets’ budgets comes from “donor” support. the same with dized, the govern- In Kazakhstan, market research is conducted on a distributors, who can be ment maintains regular basis, but is limited to a narrow circle of custom- control through a ers. The cost of the research is rather high, so only cer- intimidated and forced favorable tender tain stations can afford the data. Primarily, the television to deny service to system in which stations that use the market research are from the media state-run media group that includes ORT of Kazakhstan, Khabar, Kazakh media. For example, or pro-govern- Telekompany, and National Telekompany, which are in the last three weeks ment private media owned by the president’s daughter, Dariga Nazarbayeva, usually win the as well as a few independent stations such as Channel 31. our newspaper has bids for coverage of Circulation and ratings services are only begin- been withdrawn from official news. When ning to emerge in Kazakhstan, and their results are so far independent media not complete or fully reliable. Some firms offering these the distributors, or do win tenders, services as well as public opinion polling are considered bought up in bulk by they are subject to be affiliated with political or business interests and to to the influence be producing potentially subjective results, according to policemen and people of the authorities. panel members. If the outlets are in civilian clothes.” “disagreeable,” the authorities may not Objective 5: Supporting Institutions allow them to compete for the next tender. Kazakhstan Objective Score: 1.31/4.00 Smaller media outlets may be subsidized by private entrepreneurs who do not see the companies as media busi- Trade unions, associations, and other supporting institu- nesses, but rather as their own platform for wielding power. tions for media in Kazakhstan are rather weak. Such Advertising agencies work mainly with large-scale organizations exist, but their influence on the govern- clients such as media conglomerates. Regional media ment is insignificant—or they may even be government create their own advertising services, and both types supported. For example, the Congress of Journalists was of advertising mechanisms can be quite effective in founded by Dariga Nazarbayeva, the president’s daughter some cities. However, businesses loyal to the authorities and head of a major media holding. control the leading advertising agencies, resulting in a NGOs that advocate for press interests are active greater flow of advertising revenue to government-affili- and carry a certain amount of weight within the media ated media and outlets run by loyal business interests. community—but not with the authorities. The attempts Even advertisements from Western media sources such of these NGOs to assess the draft media law and generate as the BBC or Voice of America appear first in the state- debate were largely ignored by the government. How- run media, and not in the private media, according to ever, some panelists noted that the increasing number of

192 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ NGOs is nonetheless pushing the government to retaliate keting departments of banks and other companies or by creating its own official organizations. government institutions. There are no trade unions protecting the interests of Despite the fact that most of the printing plants media workers. Journalists often appear in court on their and distributors in Kazakhstan have been privatized, the own, representing their publications without an attorney. state has managed to maintain its influence on this sector Of the three associations that supposedly support through the government organizations that hold shares journalists, one of them, the Association of Television- in the enterprises. This leads to the denial of printing Radio Producers of Kazakhstan (ATPK) represents the services or access to the distribution network for certain interests of the authorities, while another, the National publications. The largest distributor of print media in Association of Television Producers (NAT), is driven Kazakhstan is the national company Kazpochta. It is by private business interests. The third association, the completely controlled by the government, as is the distri- Association of Publishers, is idle. bution company Kazakhstan Temir Joly. The educational opportunities for would-be jour- Panel members noted, however, that no mater how nalists in Kazakhstan are poor. Graduates of university zealous government attempts to control the media sector journalism faculties are not ready to work at media out- might be, it is no longer possible to manage all the print- lets. One panel member noted that there are few teachers ing plants, newsstands, and Internet providers. There are with hands-on experience offering courses at the univer- “loopholes.” For example, one can easily buy opposition sities, there is little modern equipment on which to learn, newspapers such as Assandi Times and Epoch at news- and efforts to offer internships at editorial offices have stands. The number of private printing plants is growing, largely failed. even at the oblast and district centers, and Internet clubs There are various trainings and seminars for exist in virtually every populated area. developing professional journalism skills conducted by local and international NGOs, but they can only reach a fraction of the practicing media workers. Niche Panel Participants reporting skills are particularly in short supply, a panel Telegen Askarov, Epoch weekly member noted, and those journalists who do receive specialized training tend to be snatched away by mar- Baldjan Beysembekova, executive director, National Association of TV and Radio Broadcasting of Supporting institutions function in the Kazakhstan professional interests of independent media Galina Dyrdina, deputy editor-in-chief, Assandi Times ■ Trade associations represent the interests of private media owners and provide member Tamara Kaleyeva, president, Adil Soz, Almaty services. Valentina Kulikova ■ Professional associations work to protect journalists’ rights. Sofia Mustafayeva, Channel 31 INDICATORS ■ NGOs support free speech and independent media. Moderator ■ Quality journalism degree programs that provide substantial practical experience exist. Marfua Tokhtakhodjaeva, chairperson, Women’s Resource Center ■ Short-term training and in-service training programs allow journalists to upgrade skills or acquire new skills. Observers

■ Sources of newsprint and printing facilities are Maria Stefurak, media development specialist, Depart- private, apolitical, and unrestricted. ment for Development of Democracy and Media, Almaty ■ Channels of media distribution (kiosks, trans- mitters, Internet) are private, apolitical, and Stanley Currier, program manager, IREX/Kazakhstan SUPPORTING INSTITUTIONS SUPPORTING unrestricted.

KAZAKHSTAN 193 “The risk is great that the authorities could resort to tougher control of the media, as they did with the Law on Official State Language. To date, there have been few instances of journalists using the laws for their professional benefit.” Kyrgyzstan 195 KYRGYZSTAN - - with record a Moya Stolitsa, Moya

Asthe media being were silenced through court actions, threats, Introduction democratic of model nce a considered transition Central for Asia, Kyrgyzstancontinued backslide to in The 2003. media sector was no exception,according the to Media Sustainability panel, Index (MSI) asthe administration Askar President of Akayev perfected the use of financialand administrative contain tools to the independent media. Theseincluded politicized criminal prosecutions and civil litigation. Thecivilnumber of court actions officials launched government by from 2002 while doubled 2003, to the criminalnumber of prosecu of investigating of corruption in circles government and reporting the on was opposition, fined almost $100,000; journalists the paper’s were personallyfined $2,600. The suitsnumber of and fines of level against thebe part newspaper to considered were politicized a of attack on thepublication, although the denied government this and claimed be pursuing to merely violations In other the cases of law. in the 2003, editorialoffices several of independent newspapers burglarized were ransacked or perpetrators, never-identified by and there several were otherincidents harassment of suspected or attacks journalists. on andviolence, the trulynumber of independent outlets decreased in 2003after period a relatively the of of constant sector. development Manymedia professionals constrainedfeel too physically too or or financiallythreatened effectively work to Kyrgyzstan even before heads newinto electiona cycle in 2005, time a that traditionally has seen furthercrackdowns the on independent media. cialsagainst the independent media tried were in court during 2003. Asthe ruling result one of and “honor that the invoked republic’s dignity”the independent newspaper law,

tionsnearly reported A doubled. lawsuits 28 pitting offi government O Objective Scoring Indicator Scoring The averages of all the indicators are averaged to obtain a single, Each indicator is scored using the following system: overall score for each objective. Objective scores are averaged to provide 0 = Country does not meet indicator; government or social forces may actively an overall score for the country. IREX interprets the overall scores as follows: oppose its implementation 3 and above: Sustainable and free independent media 1 = Country minimally meets aspects of the indicator; forces may not actively oppose its implementation, but business environment may not support it 2–3: Independent media approaching sustainability and government or profession do not fully and actively support change 1–2: Significant progress remains to be made; 2 = Country has begun to meet many aspects of the indicator, but progress may society or government is not fully supportive be too recent to judge or still dependent on current government or political forces 0–1: Country meets few indicators; government and society actively oppose change 3 = Country meets most aspects of the indicator; implementation of the indica- tor has occurred over several years and/or through changes in government, indicating likely sustainability 4 = Country meets the aspects of the indicator; implementation has remained intact over multiple changes in government, economic fluctuations, changes in public opinion, and/or changing social conventions

196 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ Objective 1: Free Speech mitter is granted “Licenses are issued by the state radio Kyrgyzstan Objective Score: 1.95/4.00 frequency com- without hindrance, mission. In 1999, but there are The Constitution of the Kyrgyz Republic and the mass Osh TV was issued media law contain provisions protecting the media. a five-year license restrictions on the However, these laws are not always enforced, and the and the rights to a frequency range. various articles that were designed to protect non-state one-year transmis- media contain loopholes that are used to circumvent sion license. This Having obtained a their intent. One member of the MSI panel said that procedure violates broadcasting license, since the legal foundation for media activity was shaped the law which in the early 1990s, implementation has exposed many mandates that the the outlets must also weak spots, and it might be time for a fundamental license and the review. However, the panelist said, “The risk is great that transmitter rights receive a frequency the authorities could resort to tougher control of the should be issued for range. This applies to media, as they did with the Law on Official State Lan- the same period of guage. To date, there have been few instances of journal- time. At present, a independent media ists using the laws for their professional benefit.” regulation regarding only…Therefore, most Broadcasting licenses are issued by the state radio frequencies is communications agency, and the right to use a trans- being written, but of the private and some believe this independent TV and will result in serious Legal and social norms protect and promote conflicts between radio companies are free speech and access to public information the authorities and restricted.” ■ Legal/social protections of free speech exist the independent and are enforced. electronic media. According a panel participant, “Licenses are issued ■ Licensing of broadcast media is fair, competitive, and apolitical. without hindrance, but there are restrictions on the frequency range. Having obtained a broadcasting license, ■ Market entry and tax structure for media are fair the outlets must also receive a frequency range. This and comparable to other industries. applies to independent media only.…Therefore, most of ■ Crimes against journalists or media outlets are the private and independent TV and radio companies are prosecuted vigorously, but occurrences of such restricted.” crimes are rare. The law guarantees equal tax status to media ■ State or public media do not receive preferential and other types of business. However, the tax burden legal treatment, and law guarantees editorial for media is very high—20 percent value-added tax independence. (VAT)—compared with neighboring countries like Kazakhstan and Russia, where some media are partially ■ Libel is a civil law issue; public officials are held to higher standards, and the offended party exempted from VAT. This hinders the efforts of the press must prove falsity and malice. to offer more affordable products to the public. Media outlets also are subject to the advertising tax. ■ Public information is easily accessible; right of The state-run media receive guaranteed support access to information is equally enforced for all SPEECH INDICATORS SPEECH FREE media and journalists. from state officials through forced subscriptions. In November 2003, the mayor of Bishkek and the governors ■ Media outlets have unrestricted access to infor- of seven oblasts repeated the order that made subscrip- mation; this is equally enforced for all media tions to certain media obligatory for all state institu- and journalists. tions and employees. In addition, government officials ■ Entry into the journalism profession is free, and influence the management of the outlets. “The state-run government imposes no licensing, restrictions, media are in a position of serfdom with respect to the or special rights for journalists. authorities,” said one panel member. “The editors of

KYRGYZSTAN 197 “The state-run media state-run national Access to international news is practically unlim- media are appointed ited. Unrestricted access to the Internet is also possible are in a position of and dismissed by throughout the republic. There are media resource cen- serfdom with respect the president him- ters in the districts, and there is also a network of Inter- self. At the oblast net cafés in all regions. However, poverty significantly to the authorities,” level, the governor limits access to information for people in rural areas. said one panel member. hires and fires.” Entrance to the media profession is unrestricted. The impact “The editors of state- of the increase in Objective 2: Professional Journalism run national media legal prosecutions of journalists is Kyrgyzstan Objective Score: 1.66/4.00 are appointed and compounded by the rampant cor- Some print media have developed to the point that they dismissed by the ruption perceived offer objective, sourced information. Even in cases when president himself. throughout the controversy arises, an attempt is made to present bal- judicial system. anced coverage. But there are no uniformly recognized At the oblast level, Judges and prosecu- professional practices, and some journalists do not try the governor hires tors appointed by to adhere to international standards. There are also the president are examples of well-sourced and balanced television pro- and fires.” particularly sus- gramming. Alexander Kulinskiy of the private television pect, and they both station Piramida, producer of the show “Nashe Vremya,” threaten critical journalists with fines and influence the was mentioned as an example of how objective and final rulings of the court. According to one panel partici- multifaceted coverage is developing slowly but steadily. pant, “Legal actions against journalists and outlets are However, one panelist noted, in general “not all the avail- filed by government officials. They are paying miniscule able sources are being used. Reports are often prepared (legal) fees and claiming fines.” in a hurry, and subjectivity and bias are the rule rather Defamation cases can be prosecuted under both the civil and criminal codes. In December 2003, President Akayev sent a bill to parliament that would Journalism meets professional standards of decriminalize defamation and direct all such cases to quality civil courts. However, the proposal set no upper limit ■ Reporting is fair, objective, and well sourced. on potential civil court fines upon conviction in these cases, and, as that is the main technique being used to ■ Journalists follow recognized and accepted bring pressure on media outlets, many journalists did ethical standards. not find much comfort in the proposed decriminaliza- ■ Journalists and editors do not practice tion. In addition, “There are articles on defamation in self-censorship. the criminal code, but at present they are applied very INDICATORS infrequently,” a panelist said. “The most frequently pros- ■ Journalists cover key events and issues. ecuted article of the civil code is the protection of honor, ■ Pay levels for journalists and other media dignity, and business reputation.” Furthermore, these professionals are sufficiently high to discourage prosecutions also are viewed as focusing almost entirely corruption. on journalists representing non-state media. ■ Entertainment programming does not eclipse Government-sponsored media have greater access news and information programming. to information concerning the activities of the president ■ and the government offices. A panelist explained that “in Technical facilities and equipment for gathering, producing, and distributing news are modern regards to the privileges, the state-run media have them, and efficient. but in the long run they can hardly be called privileges. These privileges are most likely ‘compensation’ for cer- ■ Quality niche reporting and programming tain restrictions.” exists (investigative, economics/business, local,

PROFESSIONAL JOURNALISM PROFESSIONAL political).

198 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ than the exception. The points of view of both parties are said. “In the press, “As for ethical not always given.” salaries are higher The trade association Journalists developed a pro- than for TV and standards, they exist fessional ethics code based on European examples, but radio professionals. in every outlet,” said a like several others in force in Kyrgyzstan, it exists mainly Many journalists on paper and usually is not invoked in any meaningful are willing to sell panelist. “It is another way. Cases of made-to-order journalism are easily found their publications to matter how effectively in the print media, and bribes and other gifts often are the highest bidder, accepted. “As for ethical standards, they exist in every but there is little they are applied.” outlet,” said a panelist. “It is another matter how effec- demand for them.” tively they are applied.” Entertainment programming dominates television, Self-censorship is also widespread, as journal- and the news is often the only in-house product made by ists and editors at some outlets can lose their jobs by the local media outlets. openly expressing viewpoints or venturing into territory Newspapers are poorly equipped to publish their not approved for their reporting. Moreover, journalists products. At times, independent journalists do not even receive little remu- have such basic equipment as tape recorders. In recent “Not all the available neration, and do years, the technical capacities of television stations have not feel compelled improved due to the decreasing costs of digital technolo- sources are being to risk even their gies. However, there are still difficulties in collecting, used. Reports are meager wages on producing, and distributing information. Communi- controversial cover- cations infrastructure is lacking, only old equipment often prepared in a age. According to is available, and circulation or transmission remains hurry, and subjectivity one panel member, difficult. International donors provide some technical “In the provinces it equipment to resource centers for regional media. and bias are the is very difficult to During the past 10 years, niche reporting has rule rather than the write on the burn- emerged. However, the quality of such coverage is not ing issues of the day. always highly professional. Specialized reporting is exception. The points Self-censorship, in practiced by the large-scale media outlets in metropoli- of view of both parties particular, prevents tan centers, but the vast majority of provincial media that.” There are no have editorial offices and staff that are too small to allow are not always given.” officially forbidden specialization. topics for media, but in reality journalists are limited by fear. In particu- lar, journalists are afraid to cover topics relating to the Objective 3: Plurality of News Sources head of the state or his “family.” In addition, there are Kyrgyzstan Objective Score: 1.17/4.00 certain unofficially taboo topics, such as drug abuse, smuggling, and corruption that most journalists simply Although a range of information sources are available, will not cover. Fearing lawsuits and fines, few journalists many people cannot afford to buy print media. While would have the courage to exercise their legal protec- citizens in rural areas have shown increasing interest in tions. Compounding the problem, panelists said, is that media, they often have limited or no choice in newspa- the leaders of the state-run media outlets do not consider pers and only access to state-run television and radio serving their communities to be their duty. Rather, their stations. priority is to promote the policies of the president and The status of media ownership is murky at best. the government. In most cases, it is almost impossible to uncover the Many journalists opt to leave the profession for true ownership structure of a media organization. Many other industries, particularly international organizations, owners are camouflaged by the creation of a network of due to the low wages. Other journalists are forced to seek dummy holding companies. “The transparency of media second jobs, produce made-to-order news, or work for funding is not clear; ownership is limited to a small circle foreign agencies on the side. “State-run media salaries of people connected with the media,” a panelist said. are lower than established non-state media,” a panelist “The general public is hardly aware of who owns what.

KYRGYZSTAN 199 “The transparency But many media radio stations as independent media businesses, particu- outlets now belong larly in the southern part of the country. The panelists of media funding is to oligarchs.” The mentioned that this private media ownership allows for not clear; ownership non-state media more social, cultural, and ethnic interests to be repre- can be divided into sented, and that these independent electronic outlets try is limited to a small two groups—those to produce their own news programming. However, they circle of people allied with the can expect harassment from state officials and business nation’s power- interests, and this appears to be a trend on the increase, connected with the brokers and others according to MSI panelists. media,” a panelist said. that are relatively At least three news agencies—the state-run independent media Khabar and the private AKIpress and Kyrgyz Info— “The general public is businesses. Certain provide news to the media and the general population, media outlets may but the financial ability of outlets to subscribe to these hardly aware of who be owned by a col- services may be limited. owns what. But many lective of cowork- Western ers officially, but newspapers are “In the Republic, media outlets now in reality, most available, but only belong to oligarchs.” outlets belong to a small number are access to local and a business owner brought to Bishkek, or a high-ranking official. For example, the newspaper where there are a international media is Vecherniy Bishkek, the television/radio station KOORT, few English-speak- not restricted. However, and the cable television station Ala-TV are prominent ing readers. For media outlets known to belong to the president’s family, the most part, only it should be noted that panelists said. Russian newspa- most of the population On the other hand, some private individuals have pers are imported. launched their own publications and/or television or According to a subscribes only to panel participant, Russian newspapers.” “In the Republic, Multiple news sources provide citizens with access to local and international media is not restricted. reliable and objective news However, it should be noted that most of the population subscribes only to Russian newspapers.” It is possible to ■ A plurality of affordable public and private news sources (e.g., print, broadcast, Internet) exists. use the Internet even in the most remote corners of Kyr- gyzstan, but access prices are high and connection speeds ■ Citizens’ access to domestic or international leave much to be desired. media is not restricted. The law allows media to report in the languages

INDICATORS ■ State or public media reflect the views of the of national minorities. There have been no known cases

entire political spectrum, are nonpartisan, and of harassment of journalists doing so, or of significant serve the public interest. problems for those reporting on subjects of concern to ■ Independent news agencies gather and distrib- these groups. However, the resources devoted to minority ute news for print and broadcast media. issues are very limited.

■ Independent broadcast media produce their own news programs. Objective 4: Business Management ■ Transparency of media ownership allows Kyrgyzstan Objective Score: 1.19/4.00 consumers to judge objectivity of news; media ownership is not concentrated in a In Kyrgyzstan, the media generally do not operate as few conglomerates. commercially viable businesses. The prohibitive tax ■ A broad spectrum of social interests are system and the risk involved in investing in media, as reflected and represented in the media, includ- well as the poor overall economic situation in the coun-

PLURALITY OF NEWS SOURCES NEWS OF PLURALITY ing minority-language information sources. try, prevent media from developing sound business prac-

200 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ Independent media are well-managed constraints. For example, the Antimonopoly Committee businesses, allowing editorial independence has restricted ads in the print media to no more than 20 percent of the newspaper’s content. ■ Media outlets and supporting firms operate as The existing printing presses and distribution efficient, professional, and profit-generating network are insufficient and frequently fail to fulfill their businesses. commitments. Until late 2003, the state had a virtual ■ Media receive revenue from a multitude of monopoly on printing, and the state printing press sources. Uchkun at times refused orders for publications deemed to be critical of the government. However, in Octo- ■ Advertising agencies and related industries INDICATORS support an advertising market. ber 2003, a US government-backed printing press was opened by Freedom House on the outskirts of Bishkek, ■ Advertising revenue as a percentage of total breaking the monopoly for the capital. The printing revenue is in line with accepted standards at house is open to state media, but its key role is seen as commercial outlets. offering an alternative mechanism for printing non-state ■ Independent media do not receive government newspapers. The facilities that control radio frequencies subsidies. and television transmissions all belong to the state. ■ Market research is used to formulate strategic Two institutions distribute print media nation- plans, enhance advertising revenue, and tailor wide. State-run Kyrgyzpochtasi operates rather effi- products to the needs and interests of ciently, but the joint-stock company Kyrgyzbasmasoz audiences. performs poorly and is indebted to almost all the

BUSINESS MANAGEMENT BUSINESS ■ Broadcast ratings and circulation figures are newspapers in the country, according to panel mem- reliably and independently produced. bers. The revenues owed are a constant complaint from newspaper producers, both state and private. A few inde- tices. Large subsidies, tax breaks, and printing rates set pendent publications have begun to develop their own at lower-than-market prices, especially for state media local distribution systems, from which they have gained outlets, distort the media market. Private media outlets significant independence. Overall, media representatives have made efforts to diversify their income and currently indicate an ongoing need for a well-managed, reliable generate revenue from varying sources such as advertis- distribution system. ing and sponsors. In addition, grants from international Market ratings and circulation research are donors remain a major source of income. conducted infrequently and without the use of accepted Since there are no special advertising agencies in methodologies. Therefore, it is very difficult to assess the country, some more proactive media have developed media ratings in Kyrgyzstan. The research that is their own advertising services. With virtually no media conducted is generally of a relatively low professional advertising professionals available, training has been standard. It does not contribute greatly to the improve- on-the-job. But overall, this independent strategy has ment of the media environment, and leads neither to proven effective, allowing some publications to draw better-quality information nor to a higher degree of revenues from their advertising. service to audiences. Yet, most media underutilize advertising, and the percentage of income from this source supporting Kyr- gyzstani media is inconsistent with international stan- Objective 5: Supporting Institutions dards. Those who try to sell advertising are not equipped Kyrgyzstan Objective Score: 2.03/4.00 with basic research to describe the audience potential customers would reach. Some advertisers do not want In 2003, a new Trade Union of Journalists was founded. to place ads with media out of fear that they are inviting This independent union provides comprehensive assis- an audit by the taxation agency. Or, they avoid placing tance to rank-and-file journalists and attempts to build advertising where it would not please the authorities. public trust in the media. Nevertheless, one panelist It is also unclear how effective advertising is in various explained, “Attempts to create trade unions and other outlets since there is no reliable data. To the degree that professional associations take place every year. However, there are any estimates, advertising profits appear to so far the media community has not achieved any signifi- be decreasing each year due to political and economic cant results.” Another “Soviet-style” trade union rep-

KYRGYZSTAN 201 “Attempts to resenting cultural and advocating for journalists’ labor rights. Overall, workers can claim however, professional associations are small and inef- create trade unions some successful fective. Recently, associations protecting the interests of and other professional cases of protecting private media owners have emerged. They have assisted journalists’ rights. journalists in legal protection and copyright protection associations take Otherwise, most of issues. One panel participant stated, “We have associa- place every year. the nongovernmen- tions of journalists, but no associations of publishers or tal organizations radio broadcasters. Noncommercial organizations like However, so far the (NGOs) specializing the associations Journalists and Journalists in Trouble media community in the protection Foundation, and the Kyrgyz Committee for Human of media rights are Rights all provide major assistance to journalists.” has not achieved any foreign organiza- A wide range of international organizations tions. support media in Kyrgyzstan, or provide resources for significant results.” In addition regional training centers. The groups include IREX, to the new trade Internews, the International Federation of Journalists (of union, the public association Journalists was founded in which Kyrgyzstan is the only CIS member), the Eurasia 1998, and another trade union for journalists was created Foundation, and the Soros Foundation. in 2002. These organizations serve journalists’ profes- There are approximately 10 educational institu- sional interests and lobby at the national level. They tions that train journalists in Kyrgyzstan. However, have been called on to assist in protecting the frequency most journalism departments do not fully prepare rights of Osh TV, securing the release of journalists from their students to operate professionally. Many gradu- prison, defending the Portret Nedeli newspaper in court, ates leave journalism programs without practical skills or a detailed understanding of the ethical responsibili- Supporting institutions function in the ties of the media sector. Only the Kyrgyz-Russian Slavic professional interests of independent media University and the American University of Kyrgyzstan have produced a cadre of qualified journalists. “We must ■ Trade associations represent the interests of admit that the education of journalists is not adequate,” private media owners and provide member a panel member said. “In this respect, international services. organizations are more successful. People have a chance ■ Professional associations work to protect to continue their education abroad, but many of them do journalists’ rights. not come back. This problem is caused by the inability of

INDICATORS media outlets to assist in job placement for students.” ■ NGOs support free speech and independent With the establishment of the Freedom House media. printing press, there is now an alternative to the politi- ■ Quality journalism degree programs that provide cally influenced state press. However, many other print- substantial practical experience exist. ing presses still prefer state-run media clientele for ■ Short-term training and in-service training political reasons. There are a sufficient number of print- programs allow journalists to upgrade skills or ing plants and publishing firms in Kyrgyzstan; but there acquire new skills. remain questions about their level of independence, since ■ Sources of newsprint and printing facilities are they, like broadcast channels, depend on state funding. private, apolitical, and unrestricted. Non-state publications are not always available at newsstands, as every clerk is obliged to sell government- ■ Channels of media distribution (kiosks, trans- supported media first. If any state-funded publications mitters, Internet) are private, apolitical, and SUPPORTING INSTITUTIONS SUPPORTING unrestricted. are unsold, deductions are made from the salary of the newsstand clerk or the seller.

202 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ Panel Participants Alexander Kulinsky, Piramida TV

Adelya Laisheva, Internews

Kuban Mambetaliev, Public Association of Journalists

Ernis Mamyrkanov, Osh Media Resource Center

Yrysbek Omurzakov, Tribuna newspaper

Sergei Rahmatulin, Almaz-yug Radio

Bektash Shamshiev, Azattyk Radio

Bolokbay Sherimbekov, Kyrgyz State TV

Victor Shloyev, Moya Stolitsa newspaper

Marat Tazabekov, Aki Press

Moderator Marfua Tokhtakhodjaeva, chairperson, Women’s Resource Center

Observers Chinara Orozbaeva, country director, IREX/Kyrgyzstan

Maria Stefurak, USAID

KYRGYZSTAN 203 “Tajikistan does not have legal norms for the protection of journalists, as we do not have any independent system of judicial power,” a panel member said. Tajikistan

Introduction ajikistan, now six years removed from its devastating civil war, is con- tinuing the struggle to overcome the legacy of that turbulent period in its history. The destruction caused by the war, compounded by extreme poverty and a string of natural disasters that further hampered recon- struction, often relegates journalists and editors to working in dilapi- dated offices with obsolete equipment. The community of Tajikistani media practitioners has not rebounded fully since the war, when the authorities blamed the press for unleashing the conflict, and many journalists were either killed or fled the country. Journalists and editors T have poignant memories of the brutal wartime deaths of their col- leagues that continue to scare many into self-censorship. In late 2002, the government convened a task force to investigate political killings during the war, but as of 2003, only a few serious investigations had been completed. In 2003, the Supreme Court did convict and sentence two people as accomplices in the murders of two journalists working for international news organizations during the mid-1990s. However, media workers say they do not feel convinced that the government is committed to fully investigating all the slayings, and the fact that most have gone unprosecuted only serves to increase their anxieties. Journalists in Tajikistan are facing another major prob- lem—access to information. Overall, the administration of President Imomali Rahmonov has been largely inaccessible to the media. The unwillingness of the authorities to share information, a process that has been effectively regulated by legislation, leads journalists to pub- lish unofficial data and then be summoned to court. Most government ministries and offices have no established mechanism for imparting information to the media, making it extremely difficult to improve media coverage for the Tajikistani public. However, there is some reason for optimism in Tajikistan. In 2003, following the trend of previous years, the government continued slowly but steadily to return independence to the press. The number of non-state print publications is growing rapidly, and the competi- tion among Dushanbe-based newspapers is tan-

TAJIKISTAN 205 Objective Scoring Indicator Scoring The averages of all the indicators are averaged to obtain a single, Each indicator is scored using the following system: overall score for each objective. Objective scores are averaged to provide 0 = Country does not meet indicator; government or social forces may actively an overall score for the country. IREX interprets the overall scores as follows: oppose its implementation 3 and above: Sustainable and free independent media 1 = Country minimally meets aspects of the indicator; forces may not actively oppose its implementation, but business environment may not support it 2–3: Independent media approaching sustainability and government or profession do not fully and actively support change 1–2: Significant progress remains to be made; 2 = Country has begun to meet many aspects of the indicator, but progress may society or government is not fully supportive be too recent to judge or still dependent on current government or political forces 0–1: Country meets few indicators; government and society actively oppose change 3 = Country meets most aspects of the indicator; implementation of the indica- tor has occurred over several years and/or through changes in government, indicating likely sustainability 4 = Country meets the aspects of the indicator; implementation has remained intact over multiple changes in government, economic fluctuations, changes in public opinion, and/or changing social conventions

206 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ gible. Several media conglomerates now exist. Asia Plus, information to “There are numerous for example, includes a news agency, a newspaper, and media, often giving an FM radio station. Charkhi Gardun publishes seven the excuse that they instruments in which newspapers throughout Tajikistan. A third group, Tiroz, are too busy. Access pressure can be applied an association of several television stations and the first to information is independent FM radio station in the country, is being generally easier for to the journalist. There formed. Dushanbe is the only CIS capital where one can state journalists is no doubt whatsoever see advertisements for the broadcast of local-language than for indepen- versions of Radio Liberty. In addition, some journalists dent media. Access that he could be beaten have started to publish newspapers that contain pieces is also restricted up or killed.” evaluating the performance of the authorities. Nerui by bureaucratic Sukhan and Ruzi Nav are examples of this trend. For delays and the these reasons, the Media Sustainability Index (MSI) unwillingness of officials to assume responsibility for reflects the growth of pluralism and freedom of speech in the information provided. Information is often obtained Tajikistan during 2003. through unorthodox methods that too frequently verge on violating the law. It is also very difficult to get infor- mation from the “power ministries”—the military and Objective 1: Free Speech police. People who work in those structures are often Tajikistan Objective Score: 1.19/4.00 incompetent, and when they do give information, it has to be double-checked. As in all CIS countries, the Constitution of Tajikistan guarantees the freedom of speech. But in practice, the Legal and social norms protect and promote constitutional protection and the approximately 10 laws free speech and access to public information adopted since independence concerning the media are not implemented fairly or completely. Most Tajik media ■ Legal/social protections of free speech exist work for those in power in the government, and journal- and are enforced. ists do not feel fully empowered by the law. “Tajikistan ■ Licensing of broadcast media is fair, competitive, does not have legal norms for the protection of journal- and apolitical. ists, as we do not have any independent system of judicial power,” a panel member said. “The Constitution of ■ Market entry and tax structure for media are fair Tajikistan guarantees freedom of speech, but it does not and comparable to other industries. guarantee the journalist’s security. In most cases the law ■ Crimes against journalists or media outlets are is not observed, and state officials have ways to pres- prosecuted vigorously, but occurrences of such sure the media. So far there have not been any cases of crimes are rare. journalists asserting their rights in court, but freedom ■ State or public media do not receive preferential of speech is highly rated by society as a whole. There is legal treatment, and law guarantees editorial a tendency towards improvement, but it is possible that independence. this process is still under pressure.” ■ Libel is a civil law issue; public officials are held Another panel member explained, “In this coun- to higher standards, and the offended party try, there is the real possibility to freely express one’s must prove falsity and malice. thoughts, but it is another question whether a journalist ■ who has challenged the authorities through investigative Public information is easily accessible; right of access to information is equally enforced for all reporting, such as the issue of corruption, has to fear for INDICATORS SPEECH FREE media and journalists. his life. There are numerous instruments in which pres- sure can be applied to the journalist. There is no doubt ■ Media outlets have unrestricted access to infor- whatsoever that he could be beaten up or killed.” mation; this is equally enforced for all media and journalists. There are no laws that restrict access to informa- tion, but there are no laws that guarantee it. In practice, ■ Entry into the journalism profession is free, and access to information is limited at best. Government government imposes no licensing, restrictions, officials and business executives are reluctant to provide or special rights for journalists.

TAJIKISTAN 207 “In this country, Broadcasting responsible for these murders,” the organization said in a licenses are issued letter to the government. there is the real by the Committee At present, physical repression of journalists seems possibility to freely for State TV and to have declined, and no specific charges for crimes Radio Broadcast- against journalists are pending. But the authorities have express one’s thoughts, ing. This regula- other methods of pressure at their disposal, and jour- but it is another tory body has been nalists feel unease about the potential for retribution reluctant to develop for stories they might write. One panelist offered as an question whether independent media example of how “journalists can be made accountable for a journalist who outlets in Tajikistan. their articles” the case of a television correspondent who The committee is a reported on the hardships of military service and the has challenged the monopoly, and the hazing of soldiers and was summoned to the prosecutor’s licensing process, office. “The journalists are not protected as in the rest of authorities through based fully on the the world,” the panelist said. In another case cited by the investigative reporting, decision of members Committee to Protect Journalists, tax inspectors visited of the committee’s the independent weekly Nerui Sukhan after it published such as the issue of special commis- articles containing criticism of government policies. corruption, has to sion, is viewed by Tajikistan still has a criminal defamation law many as corrupt. under which journalists can be prosecuted for criticism fear for his life.” Obtaining a license of the president and administration officials. In cases is one of the most involving criticism or insult of the president, penalties difficult hurdles facing private media businesses. As one can include prison terms of up to five years. Although example, Asia Plus did not receive the license it applied there were no prosecutions under this law during 2003, for in 1998 until 2002. Even after receiving the license, simply having the law active is enough to prompt most editors run the risk of losing it if the outlet criticizes the journalists and editors to practice self-censorship. There government. Another critical problem facing the media are other types of lawsuits pending against correspon- is taxation. Taxes, especially the value-added tax (VAT), dents, and the inadequacies of the judicial branch also are viewed as greatly hindering independent media as lead media workers to question whether such cases will well as other businesses in Tajikistan. In April, the media be handled fairly. community filed an appeal to the government protest- Media managers are not appointed by politi- ing the high taxation and asking for an exemption from cal forces. In some cases, however, the government has the VAT, but it never received a response. Customs duties blocked the printing of newspaper articles. In 2003, are also viewed as excessively high, especially since most issues of two independent newspapers, Ruzi Nav and specialized equipment, paper, and other supplies used by Nerui Suhai, were not produced because managers of a media are imported from Russia. In addition, according state-run printing press refused to print them. to the panel, taxation agencies have a tendency to raid Access to international news and information is independent media outlets after they publish material limited. The Internet has improved the situation, but it is critical of the government. Such raids usually result in only available in urban areas and remains quite expen- the journalists being fired and the media organization sive. Media access to the Internet is limited by the finan- being shut down. cial resources of outlets. Some donor organizations are Journalists are often victims of attacks and threats, subsidizing media use of Internet resources in Khorog and memories linger of the numerous unsolved murders and other towns. The main source of foreign news for both during and in the aftermath of the civil war. A dele- most of the population is from Russian government-run gation from the Committee to Protect Journalists visited channels that are rebroadcast by state and private chan- Tajikistan during 2003 to renew calls for investigation of nels in Tajikistan. the deaths of 29 journalists during and after Tajikistan’s civil war. “We believe very strongly that the only way the government of Tajikistan can combat the pervasive cul- ture of fear and self-censorship lingering from the civil war is by aggressively investigating and prosecuting those

208 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ these outlets offer “Journalists do not Objective 2: Professional Journalism workers a certain Tajikistan Objective Score: 1.26/4.00 stability as well as always double-check some benefits not their information. Their There are individual journalists whose articles and matched by private broadcasts meet professional standards, but this cannot outlets such as work is not always be said about journalism as a whole in Tajikistan. “Jour- access to holiday objective. In fact, much nalists do not always double-check their information. camps, sick leave, Their work is not always objective. In fact, much of it and the general- of it is subjective,” a is subjective,” a panel member said. “Journalists try to ized support of state panel member said. verify their data, but so few have access to other sources organs. of information, and the authorities do not provide them Self-censor- “Journalists try to verify with correct information.” ship is widespread. Ethical norms have not yet been established in the Topics that still are their data, but so few media sector. Bribing journalists or paying them for cov- taboo include criti- have access to other erage is not uncommon. Salaries for media workers are cism of high-rank- very low, so some resort to selling programs or articles to ing officials and sources of information, supplement their incomes. Journalism organizations do coverage of issues and the authorities do have ethics codes, but they are not widely observed. More such as corrup- likely to be followed are standards established by indi- tion, the security not provide them with vidual journalists and editors. services, or drug correct information.” Journalists’ salaries at state newspapers run at $15 trafficking. Jour- to $20 per month—and perhaps 50 percent more at state nalists do not want to be in a position to have to defend broadcast outlets—whereas pay at non-state media is themselves, while editors and media owners do not want approximately three times higher. The low rates at state- to risk losing their outlets’ licenses or their livelihood. run media result in a high level of job turnover; however, At least one panelist felt local private television com- panies were capable of reasonably objective coverage: “Self-censorship at independent stations is a rare thing. Journalism meets professional standards of Corruption exists in the state-run media, but it is not quality encountered in the independent media.” Entertainment programs get more television ■ Reporting is fair, objective, and well sourced. airtime than news shows, and, panelists said, it appears ■ Journalists follow recognized and accepted that the more complicated the political and economic ethical standards. situation in Tajikistan, the more the broadcast schedule ■ Journalists and editors do not practice fills with entertainment offerings. Panel participants self-censorship. estimated that at times only 10 percent of broadcast- INDICATORS ing on television and radio is comprised of news or ■ Journalists cover key events and issues. informational programs. Other material appears to be ■ Pay levels for journalists and other media “news” but actually is coverage of the success of busi- professionals are sufficiently high to discourage nesses or profiles of personalities paid for by the sources. corruption. According to a panelist, “The balance between com- ■ Entertainment programming does not eclipse mercial topics and the news is different in various media news and information programming. markets. In recent years, the number of news programs on TV has grown by 20–25 percent. Purchased pro- ■ Technical facilities and equipment for gathering, gramming amounts to 15 percent of the airtime, while producing, and distributing news are modern and efficient. in-house programming results in a 10 percent share. Yet, most of the media material is one-sided. The number of ■ Quality niche reporting and programming media outlets that work in compliance with international exists (investigative, economics/business, local, standards is very low.”

PROFESSIONAL JOURNALISM PROFESSIONAL political).

TAJIKISTAN 209 The technical capacity of media in Tajikistan is areas. This is even “The lack of daily generally poor. For example, state television and radio truer for Russian stations do not have digital equipment. “Tajik journalists newspapers, the newspapers means are in great need of new equipment. Journalists do not only international we can’t really talk even have cassette recorders,” a panelist said. “In the last publications avail- 10 years, the state has not done anything to update print- able. Television and about the effectiveness ing and other information technologies. The means of radio reach most of truthful and collecting, producing, and disseminating news meet only rural communi- with the most minimal of standards. As well as being ties, but reception objective information,” outdated, equipment is only available in Dushanbe and is limited by power said one panelist. in northern parts of the country, in the Sogd region.” outages as well as There is no specialization in the journalism field, poverty. A veri- “Information but initial attempts are being made to develop niche table information reporting. IREX, for example, conducted trainings on vacuum plagues the bulletins and news reporting about human trafficking. many mountainous flashes in print or areas of the country. electronic media are Objective 3: Plurality of News Sources “The lack of daily newspapers means practically beyond Tajikistan Objective Score: 1.33/4.00 we can’t really talk about the effective- the reach of the There is some range of information sources available ness of truthful and population.” in Tajikistan, although many obstacles face people who objective informa- want to be fully informed. tion,” said one No daily newspapers are produced in Tajiki- panelist. “Information bulletins and news flashes in print stan, and those that appear weekly are both costly and or electronic media are practically beyond the reach of very limited in circulation, especially outside of urban the population.” There is no law against obtaining information from the Internet, but many websites nonetheless are Multiple news sources provide citizens with blocked by the state telecommunications provider. The reliable and objective news issue is of somewhat limited practical importance at this point, however, because the cost of Internet access puts it ■ A plurality of affordable public and private news sources (e.g., print, broadcast, Internet) exists. out of reach for virtually all journalists. State-run media do not accurately or fully reflect ■ Citizens’ access to domestic or international the country’s political spectrum. Parties other than the media is not restricted. pro-government People’s Democratic Party do not have

INDICATORS ■ State or public media reflect the views of the sufficient access to media outlets. Although government

entire political spectrum, are nonpartisan, and authorities cannot restrict citizen access to information, serve the public interest. state media do not assist their audience in obtaining a ■ Independent news agencies gather and distrib- full understanding of public affairs. Programming at ute news for print and broadcast media. state-run media outlets reflects the policies of the gov- ernment, and journalists are barred from probing topics ■ Independent broadcast media produce their own news programs. such as the economic situation, government spending, international assistance, or foreign investment. ■ Transparency of media ownership allows Private media outlets have a somewhat freer hand consumers to judge objectivity of news; to create independent news coverage. However, this media ownership is not concentrated in a material often tends to focus on local issues that are few conglomerates. not particularly controversial, such as problems with ■ A broad spectrum of social interests are community services. Media organizations also struggle reflected and represented in the media, includ- against a relatively low demand for news programming

PLURALITY OF NEWS SOURCES NEWS OF PLURALITY ing minority-language information sources.

210 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ among citizens more concerned with survival than with For example, One panel participant public affairs. printing presses Media consumers are aware that the government are all state-run, noted that “media controls most outlets. It is generally known that the and the generally owners can profit names of the media “owners” appearing on the front outdated equipment pages of newspapers are not those who actually control generates a poor only by concealing the outlets. Media community insiders may know the product. So far, it the real circulation and true owners, but the broader audience has no way of has been too expen- finding that out. sive for substantial advertising numbers,” The many limitations on media in Tajikistan private printing lowering these figures mean that coverage of social issues is relatively limited. press operations to This includes subjects relating to minority populations, enter the market. to avoid paying taxes. although a national newspaper is printed in the Uzbek The state’s control language. over printing therefore gives it a powerful instrument for pressuring independent media. According to one panel- ist, the state printing monopoly Sharki Ozod “follows Objective 4: Business Management the orders of the executive office of the president.” The Tajikistan Objective Score: 1.07/4.00 panelist said there had been “many cases in which the management of a printing press refuses to print the next Professional media management is nascent in Tajikistan. issue of a newspaper.” In a case noted by the Commit- Some media-support organizations such as Internews tee to Protect Journalists, Sharki Ozod refused to print offer seminars on business and financial management for the independent weekly Ruzi Nav after coverage that media outlets. However, state-run media have no obliga- included reports on “perks” for government officials. tion to perform in the market, and private outlets find Similarly, print media counterparts and private radio many aspects of their business outside of their control. and television companies are dependent on the govern- ment because their signals are transmitted by the state- owned communication facilities. Distribution remains a major problem for Tajikistani Independent media are well-managed newspapers as well. There is no formal distribution net- businesses, allowing editorial independence work, and newspapers rely primarily on newsstands and private vendors. Even in Dushanbe, there are few news- ■ Media outlets and supporting firms operate as efficient, professional, and profit-generating stands, and papers are mainly hawked on the streets by businesses. private vendors. Outside of the metropolitan areas, media organizations must rely on the postal service for distribu- ■ Media receive revenue from a multitude of tion, meaning they are subject to government directives. sources. Some media outlets recently have started drawing ■ Advertising agencies and related industries revenues from more varied sources, including subscrip- INDICATORS support an advertising market. tions, advertising, retail sales, and grants. However, ■ Advertising revenue as a percentage of total the stagnant economy means that advertising is under- revenue is in line with accepted standards at developed. In addition, some advertisers are afraid to commercial outlets. place ads with independent media given the government attitude toward non-state outlets and the possibility that ■ Independent media do not receive government subsidies. advertising might draw the attention of the tax authori- ties. There are several advertising agencies in operation, ■ Market research is used to formulate strategic but they are used mainly by international organizations plans, enhance advertising revenue, and tailor and companies. The small amount of available advertis- products to the needs and interests of audiences. ing is insufficient to ensure an economic base for most print media, which must look to circulation for revenues, BUSINESS MANAGEMENT BUSINESS ■ Broadcast ratings and circulation figures are but there are a few outlets surviving on the gradually reliably and independently produced. developing advertising market. One panel participant

TAJIKISTAN 211

“There are NGOs noted that “media Supporting institutions function in the owners can profit professional interests of independent media that assisted in the only by concealing protection of rights the real circulation ■ Trade associations represent the interests of and advertising private media owners and provide member and freedoms of the numbers,” lower- services. journalists, but there ing these figures to ■ Professional associations work to protect avoid paying taxes. journalists’ rights. INDICATORS are no NGOs that Therefore, it is dif- ■ NGOs support free speech and independent have been founded ficult to gauge the media. true figures specifically for the for advertising ■ Quality journalism degree programs that provide substantial practical experience exist. revenues. legal protection Some market ■ Short-term training and in-service training of journalists.” research is con- programs allow journalists to upgrade skills or ducted, primarily acquire new skills. by the nongovernmental organization (NGO) Zerkalo, ■ Sources of newsprint and printing facilities are although its usefulness is not fully established. Research private, apolitical, and unrestricted. is also conducted to some degree by individual media ■ Channels of media distribution (kiosks, trans- outlets, but this research is not always objective and only mitters, Internet) are private, apolitical, and sporadic. There are no certified organizations doing INSTITUTIONS SUPPORTING unrestricted. audience measurements or ratings for broadcasters or auditing circulation for print meeting. The Union of Journalists was founded during the Soviet era, but it fails to provide any real assis- Objective 5: Supporting Institutions tance to journalists. One of the union’s few activities Tajikistan Objective Score: 1.23/4.00 is giving journalism awards. “All existing trade unions are subordinate to the government,” a panelist said. NGOs have not fully established themselves in Tajikistan, The creation of a new, more modern trade union was and civil society is weak. Professional media associa- initiated in late 2003 by the Organization for Security tions do exist, but so far they have not proven capable and Cooperation in Europe (OSCE) and the National of protecting the rights of media and the interests of Association of Independent Mass Media in Tajikistan journalists. They conduct trainings and seminars for the (NANSMIT). professional advancement of journalists, as well as par- Journalism educational programs are generally ticipate in developing legislative drafts. “There are NGOs of poor quality. Would-be journalists can study at two that assisted in the protection of rights and freedoms of universities, but the curriculum is outdated. There is the journalists, but there are no NGOs that have been little opportunity for hands-on professional training founded specifically for the legal protection of journal- to prepare students for work in the media field. After ists,” one panelist said. The ability of media-support receiving their diplomas, many graduates work in other NGOs such as the National Association of Independent sectors, and the lack of journalists is palpable, especially Mass Media of Tajikistan and Internews to support free those skilled in the Russian language. Several organiza- press and independent media is limited, according to tions such as the Pamir Mass Media Center attempt to panel members. provide support services for professional journalists.

212 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ Panel Participants Masrur Abdulloev, program director, Internews Tajikistan

Qurbon Alamshoev, independent journalist and editor, Chatri Simin

Rustam Buriev, journalist and chairman, Mavji Ozod television station, Vose

Turko Dikaev, independent journalist, Kulyob

Marat Mamadshoev, deputy editor, Dushanbe Capital newspaper

Gulos Mamdloiqov, Pamir Mass Media Center, Khorog

Mematullo Mirsaidov, Vororud newspaper

Mirzo Rajabi, publisher and editor, Nuri Nav newspaper

Khurshed Safarov, director, Independent TV and Radio

Saidumron Saidov, journalist, CMI, Khujand

Lalita Tyraeva, deputy editor-in-chief, Tajikistan newspaper

Moderator Marfua Tokhtakhodjaeva, chairperson, Women’s Resource Center

Observer Abdusalom Mamatnazarov, country director, IREX/ Tajikistan

TAJIKISTAN 213 “There is no rule of law in society, and certain traditions are entrenched; there is no place to turn to enforce the laws since the judiciary is not independent; and the power of the executive branch is very strong.” Uzbekistan

Introduction n 2003, the Uzbekistani media remained one of the most underde- veloped and centrally controlled in the former Soviet Union. The Karimov regime has continued a campaign against the independent media that is virtually unparalleled among countries reviewed in the Media Sustainability Index (MSI). While 2002 saw the official aboli- tion of mandatory prepublication review and censorship by the State Press Agency, it became clear in 2003 that the repeal only shifted the emphasis to self-censorship among journalists and postsubmis- sion censorship by nervous editors. The 2003 arrest, imprisonment, Iand suspected torture of writer Ruslan Sharipov, former head of the Union of Independent Journalists of Uzbekistan, served as a poignant reminder of the fate journalists may suffer for generating pieces criti- cal of the government. As a result, not only has Soviet-style self-cen- sorship become the norm, which in itself all but precludes meaningful social or political reporting, but it has also produced a “brain drain” of Uzbekistani media practitioners who opt to practice in exile. The vast majority of media in Uzbekistan fully serve the ideo- logical goals of the government. Current developments are presented from the government’s point of view, and such coverage consists only of official events. Analysis and commentary regarding events and their effect on the public are almost absent. Other information supplied by the media is largely downloaded from the Internet or taken from Rus- sian outlets, and generally does not contain news concerning Uzbeki- stan. Overall, the quality of print and broadcast media in Uzbekistan differs significantly even from that of the neighboring Central Asian countries. Uzbekistani outlets exhibit less professionalism and a weaker influence on the public. The vast majority of state and non- state media outlets provide almost exclusively entertainment mate- rial, with very little coverage of social and economic issues. The panel concluded that the entertainment media provided little intellectual stimulation for the population, especially Uzbek speakers, although the relative commercial success of these outlets may one day provide a

UZBEKISTAN 215 Objective Scoring Indicator Scoring The averages of all the indicators are averaged to obtain a single, Each indicator is scored using the following system: overall score for each objective. Objective scores are averaged to provide 0 = Country does not meet indicator; government or social forces may actively an overall score for the country. IREX interprets the overall scores as follows: oppose its implementation 3 and above: Sustainable and free independent media 1 = Country minimally meets aspects of the indicator; forces may not actively oppose its implementation, but business environment may not support it 2–3: Independent media approaching sustainability and government or profession do not fully and actively support change 1–2: Significant progress remains to be made; 2 = Country has begun to meet many aspects of the indicator, but progress may society or government is not fully supportive be too recent to judge or still dependent on current government or political forces 0–1: Country meets few indicators; government and society actively oppose change 3 = Country meets most aspects of the indicator; implementation of the indica- tor has occurred over several years and/or through changes in government, indicating likely sustainability 4 = Country meets the aspects of the indicator; implementation has remained intact over multiple changes in government, economic fluctuations, changes in public opinion, and/or changing social conventions

216 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ basis for development of a more informative independent freedom of speech.” “Licenses are given to and financially viable press. Another panelist The Constitution of Uzbekistan guarantees open listed three reasons those who bribe the access to information, but in practice admission to any for violations of the officials or those who official entity’s activities is highly restricted for non-state freedom of speech journalists. The authorities use many methods to control protections: “There have good personal significant information, including direct and indirect is no rule of law in connections,” a panel refusals, unfounded rejections of accreditation, and society, and cer- preferential access for the state-run media. Meanwhile, tain traditions are member charged. “One journalists have become accustomed to the widespread entrenched; there can say that licensing in practice of government and other sources providing is no place to turn the media with useless or even fabricated information. to enforce the laws this country is corrupt.” Simultaneously, the government controls almost all since the judiciary is forms of production and distribution, including printing not independent; and the power of the executive branch presses and broadcast transmissions. Licensing proce- is very strong.” dures are highly bureaucratic and often unsuccessful for No law covers electronic media, which are instead independent media. regulated by one-off acts adopted by government offi- Uzbekistan’s media work mainly in Uzbek and cials without any input from the public. Licensing is Russian, the later technically a minority language. Many controlled by the Agency for Communications and cities have state-owned newspapers in Uzbek and Rus- Telecommunications. Its interdepartmental council sian, though both face dwindling interest among readers largely because of their “official” content. Although it Legal and social norms protect and promote still has a role among the intellectual elites, the Russian- free speech and access to public information language media has been in decline since the breakup of the Soviet Union and subsequent exodus of ethnic Rus- ■ Legal/social protections of free speech exist sians. Uzbek officials have worked actively to decrease and are enforced. the role of Russian-language print and broadcast media. ■ Licensing of broadcast media is fair, competitive, For example, one Uzbek television channel was trans- and apolitical. formed to a sport channel, and broadcasting in Russian was cut dramatically. ■ Market entry and tax structure for media are fair and comparable to other industries.

■ Crimes against journalists or media outlets are Objective 1: Free Speech prosecuted vigorously, but occurrences of such Uzbekistan Objective Score: 0.70/4.00 crimes are rare. ■ State or public media do not receive preferential The Constitution of the Republic of Uzbekistan guar- legal treatment, and law guarantees editorial antees the freedom of speech. There also are numerous independence. media-related laws, including the broad law on mass ■ Libel is a civil law issue; public officials are held media adopted in June 1991 and amended in December to higher standards, and the offended party 1997. Other legislation deals with protection of state must prove falsity and malice. secrets (1993), copyright (1996), journalist protections ■ (1997), access to information (1997), and advertising. Public information is easily accessible; right of access to information is equally enforced for all In addition, President Karimov has given some general INDICATORS SPEECH FREE media and journalists. official support to press freedom, perhaps in part because of increased international attention during the “war ■ Media outlets have unrestricted access to infor- on terror.” “A sufficient legislative base regulating the mation; this is equally enforced for all media and journalists. activities of the media has been developed,” a panelist concluded. “However,” he said, “many provisions need to ■ Entry into the journalism profession is free, and be adjusted. [There are] contradictions between the vari- government imposes no licensing, restrictions, ous provisions which then result in the restriction of the or special rights for journalists.

UZBEKISTAN 217 “The so-called issues licenses only tracted process of reviewing requests for information to independent press if it is convinced their advantage. The federal government’s preference for of a media outlet’s giving state media outlets what information is released is is independent of total loyalty to clear. At a multilateral forum in Tashkent, for example, the state only the government. President Karimov gave a press conference exclusively for “Licenses are given journalists from state-run media. economically,” one to those who bribe Persecution of controversial journalists is a participant said. the officials or those widespread phenomenon in Uzbekistan, particularly for who have good per- those who are critical or try to maintain a semblance of “In other words, it has sonal connections,” independence. “Courageous journalists and chief editors a panel member often get fired,” a panelist said. “In some cases pressure is to support itself on its charged. “One can exerted on the ownership. In other cases, newspapers are own, despite high taxes. say that licensing in closed down, and the entire staff, headed by its editor-in- this country is chief, is forced to resign. In some cases a person is simply For example, the corrupt.” offered a different job, or journalists leave ‘on their own advertising tax According to accord.’” One state television editor was barred from pro- the taxation policies ducing programs after participating in protests against amounts to 15 percent.” of Uzbekistan, the censorship. During the first six months of 2003, six jour- media is considered nalists, including correspondents for foreign agencies, to be like any other business. Taxes are generally high, were arrested. At year’s end, according to international but no value-added tax (VAT) is levied. “The so-called observers, five were serving multiyear prison sentences, independent press is independent of the state only eco- one of them in connection with writing on the Islamic nomically,” one participant said. “In other words, it has to opposition movement. There is little public outcry when support itself on its own, despite high taxes. For example, crimes against journalists are committed, and journalists the advertising tax amounts to 15 percent.” The state-run lack any legal protection in Uzbekistan, panelists agreed. media receive subsidies, including office space and sup- It is impossible to cover corruption, since a legal plies, from the government. provision bars journalists from “interfering” in the The freedom of information law adopted in Decem- private lives of politicians and government officials. With ber 2002 can be interpreted in many ways. Article 14 allows corruption widespread in the judicial system, govern- for banning any information critical of societal values or ment authorities have free reign to prosecute each other advocating social change, and protects many phenomena and media professionals for libel, which remains a crimi- under the umbrella of the “national consciousness” or the nal offense. Uzbekistani “mentality.” In one case, a journalist from On a more encouraging note, there have been some Pravda Vostoka was fired “at her own request” for criticism examples of journalists successfully defending them- of national customs and traditions that she believed con- selves against prosecutions. In late 2003, the editor of tributed to discrimination against women. By contrast, in Mokhiyat won a case in which he had been charged with the spirit of the Soviet era, largely unknown journalists get libel. In December, a journalist from TV Yoshlar won decorated with orders and medals to ensure their loyalty to her case against the management of the state broadcaster, the national ideal. The number of recipients of such awards which she said had unlawfully fired her in April 2002, exceeded 300 during 2003. purportedly for accepting a bribe. Several days before her In practice, the state does not guarantee equal dismissal, the journalist had broadcast critical coverage access to information for the independent press. The about the poor educational standards at a high school. founding of an institute for press secretaries has proven However, the end of prepublication review by the State to be a barrier to obtaining information from gov- Press Agency in 2002 has placed an additional burden ernment offices. The institute serves only to increase of responsibility on editors, who now generally decide bureaucratic red tape and to disseminate press releases against publishing or broadcasting any story that could that contain few facts. Indeed, authorities are able to potentially be construed as libel. issue information at their discretion due to the lack of Access to international news is limited. News a clear-cut legal explanation of what constitutes state broadcasts originating outside of Uzbekistan from secrets. These authorities also are able to use the pro- sources such as the BBC or RFE/RL are blocked at

218 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ times, though entertainment programming is generally Regional media, “The ethos of serving allowed. Uzbekistani correspondents for foreign media operating farther are among those who find themselves intimidated by the from the gaze of the interests of society government, according to free-speech advocates. Some federal authorities, has not yet taken hold Internet sites are blocked, and overall the Internet is may have somewhat largely under government control. Internet access also more room for with editors, publishers, remains relatively expensive in Uzbekistan, resulting in maneuvering but and other employees of limited means for many media organizations to connect still stick close to to the Internet, particularly in the regions. the official line pre- various publications,” sented by the local a panel member said. Objective 2: Professional Journalism apparatus. The Uzbek- “They direct their Uzbekistan Objective Score: 0.53/4.00 language media use the so-called attention to the With the national state media under such strict control, national conscious- instructions of the there is little opportunity to develop journalists’ profes- ness and patriarchal sionalism. “The ethos of serving the interests of society stereotypes as pro- local authorities.” has not yet taken hold with editors, publishers, and other paganda to justify employees of various publications,” a panel member said. authoritarianism as a national policy. Most of the articles “They direct their attention to the instructions of the on social and political topics are didactic, lacking facts local authorities.” and statistics. The views of such opposition movements Subjective coverage of most issues is the norm, and as exist in Uzbekistan are largely absent from coverage. few articles and news reports contain multiple view- Internet journalism is even more directly controlled. If points. “The state press and television are known for the unacceptable content is published by websites, it is often absence of critical analyses and the lack of balance,” said blocked by the government. a panelist. “The threat of censorship is very apparent.” The criteria of objectivity, accuracy, and impar- tiality are not applied in any meaningful way to cover- age because of pressure from government authorities, Journalism meets professional standards of editors, and owners. Self-censorship is becoming an quality everyday practice for most journalists, who are afraid to analyze significant political and economic events lest ■ Reporting is fair, objective, and well sourced. they be prosecuted. The same is true for editors, who ■ Journalists follow recognized and accepted fear being replaced. Journalists report that the official ethical standards. “line” about what can and cannot be covered is some- ■ Journalists and editors do not practice times conveyed by government officials at meetings with self-censorship. editors, or can come in the form of a pointed telephone INDICATORS call. Among the off-limits topics are corruption, prob- ■ Journalists cover key events and issues. lems with economic reforms, domestic violence, and the ■ Pay levels for journalists and other media effects of poverty. professionals are sufficiently high to discourage Poor wages are the norm for journalists, with sala- corruption. ries and honoraria only slightly higher at private outlets ■ Entertainment programming does not eclipse compared with state media. Journalists may sell their news and information programming. coverage to politicians and businesses, produce made- to-order articles, or work for several publications at the ■ Technical facilities and equipment for gathering, same time to earn a living. producing, and distributing news are modern and efficient. There is no generally accepted ethical code to guide journalists and editors. In addition, the editors ■ Quality niche reporting and programming and staffs of official media generally are consider- exists (investigative, economics/business, local, ably older than the populations they serve and are still

PROFESSIONAL JOURNALISM PROFESSIONAL political). inclined to follow the Soviet principles of “journalism”

UZBEKISTAN 219 that they were taught. There are few sources of new “The media lacks the resources to reflect the public inter- techniques, and they certainly are not provided through est in their coverage,” a panel member said. “Presentation those university journalism faculties that continue to of the news is dictated by the interests of a small circle of exist. Younger journalists, with little or no professional people who determine the entire internal policy of the training, are more attracted by the private media outlets, government. The content of the news is determined ‘from even if they operate within strict boundaries or focus on above’ or, to be more exact, by official policy.” “light” content. In recent years, more than 200 privately owned Entertainment programming is a lot less risky and newspapers have been registered. Their circulation num- as a result now dominates many broadcast and print bers are rather high—much, much higher than the offi- outlets. The bulk of the content for most non-state pub- cial Russian- and Uzbek-language newspapers. But most lications is dedicated to reiterating “national values” and of the publications provide little if any news coverage, providing show-business gossip, astrological forecasts, sticking instead to less-risky information about popular and foreign crime news. People receive little reliable culture, personalities, and advice. These publications information about domestic issues or social concerns, do, however, reflect a nascent understanding of market- although there are some exceptions among commercial ing and catering to audience demands, as their growing radio stations such as Grand and Ekho Doleeny—where distribution indicates. controls on radio are somewhat less strict—and televi- Outside of urban centers, however, Uzbekistanis sion stations such as Angren and Orbita, which have sev- have limited access to newspapers and to printed material eral programs on social issues. In the case of Orbita TV, in general. By the estimates of the panelists, only a scant the station works in a primarily Russian-speaking area percentage of the non-urban population can afford to and finds it possible to respond to the many petitions it buy private newspapers. There have been some reports of receives from community activists in its audience. The Uzbek-language newspapers smuggled in to the Fergana technical means for the collection, production, and dis- Valley regions of Uzbekistan from Kyrgyzstan, but in very semination of information in the capital city are good, small quantities. In villages, the main sources of informa- but regional outlets use outdated equipment left from the tion are the state-run radio and television, while the rural Soviet era. Private broadcasters generally rent air time population relies mainly on the radio for news. According from state television, making them highly susceptible to government editorial control. So far, niche reporting is in its nascent stages. Multiple news sources provide citizens with There are newspapers specializing in topics such as busi- reliable and objective news ness, economy, and advertising, though journalists have ■ A plurality of affordable public and private news no professional training in these areas. There is a severe sources (e.g., print, broadcast, Internet) exists. shortage of modern textbooks or new teaching method- ologies. Educational materials published in Uzbekistan ■ Citizens’ access to domestic or international are of poor quality, while better materials published media is not restricted.

in Russia are too expensive. Most journalists lack the INDICATORS ■ State or public media reflect the views of the

foreign-language skills to read documents from other entire political spectrum, are nonpartisan, and countries, even those in Russian. serve the public interest. ■ Independent news agencies gather and distrib- Objective 3: Plurality of News Sources ute news for print and broadcast media. ■ Independent broadcast media produce their own Uzbekistan Objective Score: 0.53/4.00 news programs.

In Uzbekistan, there is little or no diversity of state and ■ Transparency of media ownership allows independent sources of information due to government consumers to judge objectivity of news; media ownership is not concentrated in a controls. Most media sources offer only official gov- few conglomerates. ernment information. Outlets in the capital city cover national topics, and local media cover local subjects; but ■ A broad spectrum of social interests are both present the official points of view. The same is true reflected and represented in the media, includ-

PLURALITY OF NEWS SOURCES NEWS OF PLURALITY ing minority-language information sources. whether the medium uses the Uzbek or Russian language.

220 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ to one panelist, “There are not enough sources of informa- and Kazakh languages, but media attention to issues of tion so that people could compare them. Western publica- critical importance to Uzbekistan’s nearly 100 distinct tions are inaccessible. The state-run and public media do ethnic communities is discouraged under the guise of not reflect the whole political spectrum.” the law against fomenting ethic conflicts. For example, Cable television and Internet service are available the Samarkand newspaper Oyna was shut down after in the big cities. Lately, access to the Internet has become publishing an article about Tajik-language secondary considerably easier for those who can afford it, with schools in 2002—although the official reason given for Internet “cafés” opening in many urban areas. According the closure was the limited number of subscribers. to a World Bank–funded study, Uzbekistan had 50,000 Information regarding media ownership is not Internet users in 2001, a figure that is expected to grow to available to the general public. 1 million by 2005. Of those already online, about 90 per- cent are believed to be from the Tashkent area and using the Internet on average once a week. Internet access is Objective 4: Business Management limited in rural areas by poor telecommunications infra- Uzbekistan Objective Score: 0.82/4.00 structure and high costs. A Russian monitoring service logged 125 registered The media in Uzbekistan have little opportunity or Uzbekistan-based websites in 2002. However, various reason to develop as effective businesses. Operating in Internet sites are often blocked. This is accomplished accordance with the decrees, the resolutions, and the through generally verbal orders given to service provid- will of the Karimov regime, the state media have but one ers, which are afraid of losing the required license form audience to serve. For the privately owned media, there Uztelcom, the government telecommunications agency. is the constant need to protect the business, either by The Law on Information Security allows the national toeing the official line or withdrawing from coverage of security service to work with Uztelcom to block sites. news and social issues. Foreign investment in the media In 2002, limitations were placed on licenses for is not permitted. traders who import and sell Russian publications. Vari- Almost all the facilities that provide technical sup- ous government television channels broadcast sugges- port for media—such as printing presses and transmis- tions that Russian media were amoral and contradicted “national values,” even mentioning that parents should not let their children read such publications. MSI panel- Independent media are well-managed ists suggested that some of the banned newspapers, such businesses, allowing editorial independence as Kommersant and Isvestia, had analyzed the economic ■ Media outlets and supporting firms operate as situation in Uzbekistan or commented on the country’s efficient, professional, and profit-generating foreign policy. Two Russian newspapers, Trud and AiF, businesses. were viewed as neutral enough to remain on sale. Many television stations, both state and private, rebroadcast ■ Media receive revenue from a multitude of sources. several hours of Russian entertainment programming every week. Other foreign publications are not allowed ■ Advertising agencies and related industries INDICATORS into Uzbekistan if it is decided that they violate what is support an advertising market. loosely described as the “national consciousness.” There ■ Advertising revenue as a percentage of total also are cases of European entertainment programs revenue is in line with accepted standards at being re-broadcast, although they are often pirated. commercial outlets. There are three news agencies in Uzbekistan, ■ Independent media do not receive government the state agencies Jahon and UZA and the commercial subsidies. Turkistan agency. The information does not differ much whether they are government or independent. Regional ■ Market research is used to formulate strategic media outlets generally do not amplify their news cover- plans, enhance advertising revenue, and tailor products to the needs and interests of age much with reports from these agencies. audiences. The law permits minority media outlets, but they direct their efforts mainly toward the diasporas. MANAGEMENT BUSINESS ■ Broadcast ratings and circulation figures are There are newspapers and television programs in Tajik reliably and independently produced.

UZBEKISTAN 221 “Private broadcast sion towers—are Market research on media is very sporadic, which either owned or means that outlets have few tools to gauge consumer media operate controlled by the interest or to use that information in advertising and under harsh financial state. There are a promotion. Media generally do not conduct marketing few private print- research, unless it has been ordered by the government, conditions,” one ing plants, but it is although some newspapers have tried placing question- panelist said. “Most of very difficult for naires for readers to return. Circulation rates of print them to operate at a publications are not always available, and there are no these outlets work with profit since gov- rating agencies. Media research is conducted mainly at rented transmitters and ernment interfer- the request of foreign foundations and organizations, but ence impedes their such information is usually not made public. pay fees established by competitiveness and growth—and there- the government.” fore their ability Objective 5: Supporting Institutions to provide better- Uzbekistan Objective Score: 0.65/4.00 quality, more modern services. Furthermore, there are restrictions on the distribution of newspapers, as the There are almost no professional media associations, government limits the delivery of “undesirable” papers. except for the state-run Foundation for the Democra- For example, the main distribution network, Matbuot, tization and Support of the Mass Media. Professional limits circulation of non-state publications, often claim- unions or associations to protect journalists’ rights are ing they are “not profitable” to carry. The independent nonexistent, and attempts to create one were unsuc- newspaper Mokhiyat has had its distribution restricted cessful. There are no associations of publishers or radio and at times is almost impossible to buy at newsstands, broadcasters in Uzbekistan. Another attempt was made especially in the provinces. to create a National Association of Electronic Media, but Media receive very little revenue from advertising. this organization has not started its activities and has not Due to the extremely poor economic situation in Uzbeki- been registered. A proposed committee to defend press stan, the small advertising market that existed continued freedom did not receive approval for registration. In to shrink in 2003. It remains difficult for any publica- tion to draw in enough advertising to comprise a major Supporting institutions function in the revenue stream. Advertising agencies are open, but they professional interests of independent media work mainly with the print media. Television stations usually have their own advertising services, but they do ■ Trade associations represent the interests of not operate with any efficacy. private media owners and provide member Newspapers earn their money mostly from sales services. and subscriptions. Individual sponsors provide financial ■ Professional associations work to protect support to some media, as well as tending to influence the journalists’ rights.

editorial policies of the outlet. “Private broadcast media INDICATORS operate under harsh financial conditions,” one panelist ■ NGOs support free speech and independent media. said. “Most of these outlets work with rented transmitters and pay fees established by the government.” ■ Quality journalism degree programs that provide State newspapers exist mainly due to compulsory substantial practical experience exist. subscriptions. Local authorities make their constituencies ■ Short-term training and in-service training subscribe to certain state-owned editions. A list of these programs allow journalists to upgrade skills or has been drawn up by the government and sent to orga- acquire new skills. nizations, enterprises, and educational institutions with ■ Sources of newsprint and printing facilities are instructions to subscribe to the mandated papers. Even so, private, apolitical, and unrestricted. circulation of the official Russian and Uzbek newspaper in cities tends to be quite low, with state outlets in Fergana ■ Channels of media distribution (kiosks, trans- Valley cities reporting weekly distributions under 10,000 mitters, Internet) are private, apolitical, and SUPPORTING INSTITUTIONS SUPPORTING unrestricted. copies, often in the 2,000 to 3,000 range.

222 MEDIA SUSTAINABILITY INDEX 2003 www.irex.org/msi/ sum, hardly anyone is engaged in defending the interests Private television stations usually do not have their own of the media. transmitters and therefore rent air time from state televi- Such non-governmental organizations (NGOs) as sion. All local Internet providers are obliged to operate exist cannot properly support the media. These NGOs through the security node of the Agency for Information, experience almost constant pressure from the authori- allowing government control of Internet content. ties. In Tashkent, the state founded the National Press Center as a quasi-NGO. The club “Reporter” operates in Bukhara, and a branch of the National Press Center of Panel Participants Uzbekistan is based in Samarkand. But in general, NGOs Aleksandr Hamagaev, Tashkent International Radio are not involved in affecting legislative change. Educational opportunities for journalists are Alo Khodjaeva, Cgand Radio insufficient. The level of basic education provided in the provinces is low, especially because many second- Aysulu Kurbanova, Zamon Info ary-school students are required to work in agriculture for two months instead of attending school. Universities Bakhodir Musaev, Independent Veseavchev still practice outdated Soviet-style instruction methods. The teachers have not received additional professional Norali Ochilov, National Uzbek Information Agency development or new methodologies, and the instruc- tion is still rooted in ideology. Some journalism facul- Tamara Prokopyeva, Orbita TV ties have closed, and at those that continue to function, students do not choose their subjects or professors, and Tashpulat Rahmatullayev, Press Center, Samarkand do not have access to new materials on modern journal- ism. There is a general lack of textbooks, especially in the Irena Safargaliyeva . The University of World Languages and the Moderator National University offer journalism training. This Marfua Tokhtakhodjaeva, chairperson, Women’s training is relatively professional, but graduates do not Resource Center have many venues to apply their skills in practice because job placement for these journalists is problematic. The main obstacle to improving media professionalism is Observers the lack of prospects in a media sector where freedom of Mumtoz Abdurazzakova, country director, IREX/ expression is so limited. Uzbekistan Journalism students can study abroad, but few have sufficient foreign-language skills. At the journalism depart- Zarina Izmaylova, IREX/Uzbekistan ment of the National University, there is only one journal- ist who has received an education abroad. Most of those Jean MacKenzie, IREX/Central Asia who have studied abroad do not come back; and if they do return, they do not return to work in the media industry. International organizations such as IREX, Internews, the Open Society Institute, UNESCO, and the Konrad Adenauer Foundation conduct media trainings. However, the approach to journalism that underpins the training at times reflects a degree of media freedom that does not exist in Uzbekistan. Media distribution channels are controlled by the government, and cannot determine policies indepen- dently. Newspapers depend on the post office system for a substantial part of their circulation. Television and radio frequencies are also controlled by the state, and almost all the transmitters are operated by the state.

UZBEKISTAN 223 INDEX

2003 Eurasia and Europe in Media Independent Sustainable of Development SUSTAINABILITY MEDIA

Media Sustainability Index 2003 IREX www.irex.org www.irex.org/msi/ Fax: (202) 628-8189 E-mail: [email protected] Phone: (202) 628-8188 Washington, DC 20037 Copyright © 2004 IREX by 2121 K Street, Suite 700 NW, 2121 Media Sustainability Index 2003