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EXPO-AFET NT(2010)433672 EN.Pdf DIRECTORATE-GENERAL FOR EXTERNAL POLICIES OF THE UNION DIRECTORATE B POLICY DEPARTMENT STANDARD BRIEFING THE SITUATION OF THE MEDIA SECTOR IN THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA Abstract Establishing an independent, professional media is one of the major problems faced by the former Yugoslav Republic of Macedonia in its transition towards a fully democratic state Since its independence in 1991, progress has been made, but challenges remain. This briefing note assesses the current state of affairs in the Macedonian media. In particular, the paper will examine: the legal framework , ownership and the financial situation, the freedom of the media, "Hate speech", the role of the media in the fight against corruption and organised crime. The briefing concludes with recommendations for further reforms to enhance media independence in the context of the country's European integration. EXPO/B/AFET/FWC/2009-01/Lot1/12 February 2010 PE 433.672 EN Policy Department DG External Policies This study was requested by the European Parliament's Committee on Foreign Affairs AUTHORS: Olena Prystayko, Research Fellow, EU-Russia Centre Research Assistant: Cvete Koneska, PhD student, Oxford University ADMINISTRATOR RESPONSIBLE: Georgios GHIATIS Directorate-General for External Policies of the Union Policy Department WIB 06 M 045 rue Wiertz 60 B-1047 Brussels LINGUISTIC VERSIONS Original: EN ABOUT THE EDITOR Manuscript completed on 09 February 2010. © European Parliament, 2010 Printed in Belgium The study is available on the Internet at http://www.europarl.europa.eu/activities/committees/studies.do?language=EN If you are unable to download the information you require, please request a paper copy by e-mail: [email protected] DISCLAIMER Any opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. Reproduction and translation, except for commercial purposes, are authorised, provided the source is acknowledged and provided the publisher is given prior notice and supplied with a copy of the publication. ii The situation of the media sector in fYROMacedonia EXECUTIVE SUMMARY Establishing an independent professional media is one of the major challenges faced by the former Yugoslav Republic of Macedonia as it becomes a fully democratic state and is integrated into European Union. Since its independence in 1991 progress has been made, but challenges remain, in particular in such areas as: 1) legal framework, 2) ownership and finances situation, 3) freedom of the media, 4) "hate speech" and 5) the role of the media in the fight against corruption and organised crime. The paper analyses the country's legislation on the media with a view to assessing the compliance of its norms and implementation with international and EU standards. Overall, the law regarding the media meets most European and international standards. However, there are major problems with an ineffective implementation. Special attention is paid to media companies' ownership structure and finances with a view to assessing their credibility and sustainability. The analysis shows that the current structure of media ownership does not comply with domestic norms and is not in line with the EU audiovisual media legislation. This paper provides recommendations to address the existing problems. Although the overall situation of the media is satisfactory, it is not yet fully free. The current restrictions faced by the media are connected with the transition process of the former Yugoslav Republic of Macedonia. Therefore, they have to be tackled alongside the political and economic transformation of the state. Hate speech is present in the Macedonian media and this paper provides recommendations to tackle this problem. The country's media generally plays a positive role in the fight against corruption and organised crime. At the same time, further efforts should be made to improve the professional ability of the media with a view to strengthening its role in this respect. The briefing concludes with main recommendations for further reforms to enhance media independence in the context of the country's European integration as follows: The media legislation should be further amended to fulfil European and international norms. Implementation of the law must be strengthened. A number of amendments should be made to eliminate criminal sanctions for libel. The current structure of media ownership contradicts the norms of domestic legislation and is not in line with the EU audiovisual media legislation. Ownership of the media by politicians or members of their families should be eliminated. The government should concentrate its efforts on separating the media business from politics. Anti-monopoly governmental structures should reinforce their efforts to avoid a small elite from holding dominant positions in the media market. Necessary steps should be taken to eliminate the use of the media for ‘hatred’ political practices. Attempts by journalists’ organisations to prevent such practices and to downplay “hate speech” should be welcomed and supported by the EU. The activities of the media in the fight against corruption and organised crime should be encouraged. Media institutions should take necessary steps to improve their professional skills and knowledge, in order to use all available media instruments to curb corruption in the country. The government should increase the level of transparency and accessibility to the media for the wider public. iii Policy Department DG External Policies EXECUTIVE SUMMARY III 1 INTRODUCTION 2 2 LEGAL FRAMEWORK OF THE MEDIA 2 2.1 LAW ON BROADCASTING ACTIVITY (2005) 2 2.2 REGULATION OF LIBEL 3 2.3 LAW ON FREE ACCESS TO INFORMATION (2006) 3 2.4 OTHER LEGISLATION AND MEDIA ASSOCIATIONS 4 SUMMARY AND CONCLUSIONS: 4 3 OWNERSHIP AND THE FINANCIAL SITUATION OF THE MEDIA 4 SUMMARY AND CONCLUSIONS: 6 4 FREEDOM OF THE MEDIA 6 SUMMARY AND CONCLUSIONS: 7 5 “HATE SPEECH” 7 SUMMARY AND CONCLUSIONS: 8 6 MEDIA AND THE FIGHT AGAINST CRIME AND CORRUPTION 9 SUMMARY AND CONCLUSIONS: 10 7 CONCLUSIONS AND RECOMMENDATIONS 10 1 The situation of the media sector in fYROMacedonia 1 INTRODUCTION This briefing analyses the current situation of the media sector in the former Yugoslav Republic of Macedonia. It analyses media legislation with a view to assessing the compliance of its norms and implementation with international and EU standards. Special attention is paid to media companies' ownership structures and finances with a view to assessing their credibility and sustainability. Media freedom is then assessed on the basis of reports from international media watchdogs. Analysis of the media's role in the fight against corruption and organised crime is also vital for identifying the current role of the media in the Macedonian society. 2 LEGAL FRAMEWORK OF THE MEDIA Media in the former Yugoslav Republic of Macedonia is governed through a number of legislative acts. The Constitution, the Law on Broadcasting Activity of 2005 and the Law on Free Access to Information of 2006 are the main regulatory acts. Art.16 of the Constitution guarantees the freedom of expression, freedom of speech, public speaking and meetings, and the freedom to establish broadcasting institutions in order to keep the public informed. It also guarantees the protection of personal information, the right to respond to information broadcast by the media and the right of correction to material published or broadcast by the media. Censorship is prohibited. The Law on Broadcasting Activity (2005) is the main legislative act regulating the work of the broadcast media. Print media are bound by the general provisions laid down in Art. 16 of the Constitution. Therefore, issues related to editorial independence of the media (i.e. independence from media owners), are, to some extent, only addressed by the Law on Broadcasting Activity, while print media is generally covered by self-regulation (i.e. in the Code of the Journalists of the former Yugoslav Republic of Macedonia). The Broadcasting Council is the main broadcasting regulating body in the country. 2.1 Law on Broadcasting Activity (2005) The Law on Broadcasting was adopted in 2005, amended twice in 2007 and in 2008, each time in response to recommendations from the European Commission on audiovisual media policy formulated in its country Progress Reports. The recent government amendment proposal of November 2009 concerns the revision of the provisions for the liquidation and closure of the national television service following EC criticism. It proposes eliminating these provisions and therefore the opportunity to shut down the national television service. Art. 8 of the Law on Broadcasting Activity lays down the main principles of broadcasting activity, which among others include: truthful and timely information, independence and autonomy of broadcasting institutions and no state interference in the work of broadcasting institutions, no monopoly of any group of broadcasting institutions giving public information, respect for the dignity of the individual, respect for market principles and the prohibition of hate-speech. Art. 11 forbids any political organisation and political party, as well as high ranking public officials, or religious organisations, from establishing broadcasting institutions. Although these provisions are stipulated in legislation, they are not fully implemented in practice, as shown below. Art.13 and 14 further regulate media ownership.
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