KAS DEMOCRACY REPORT 2008 MEDIA AND DEMOCRACY VOL II. DRAFT VERSION, APRIL 2008 www.kas.de Konrad-Adenauer-Stiftung e.V. D-10907 Berlin Phone: 0049-30-26996-0 www.kas.de © 2008, Konrad-Adenauer-Stiftung e.V. All rights reserved. Contents CONTENTS Introduction…………………………………………………………….... 2 Questionnaire………………………………………………………..….. 4 Bolivia………………………………………………………….……….... 17 Bulgaria……..………………………………………………………….... 38 China….……………………………………………………….……….... 63 Egypt……………………………………………………………..…….... 89 Georgia……..………………………………………………….………... 107 Malaysia…………………………………………………….………….... 133 Nigeria………..………………………………………………..……….... 157 Philippines……….…………………………………………………….... 189 Poland………………………………………………………………….... 210 Russia…………………………………………………………….…….... 230 Senegal…………….……………………………………….………….... 249 Thailand…..………………………………………………………...….... 267 Turkey…………………………………………………………………..... 284 Ukraine……………………………………………………………...….... 302 1 Introduction INTRODUCTION The Democracy Report of the Konrad-Adenauer-Stiftung (KAS) informs about the state of democracy in the partner countries of KAS. With volume 1, Media and Democracy (2005), volume 2, Rule of Law (2006), and volume 3, Parties and Democracy (2007), the first cycle of investigation on democracy and its prerequisites has been completed. In 2008 the Democracy Report goes into its second cycle and resumes with Media and Democracy, Vol. II, primarily based on a different sample of countries under study. Independent media are crucial for the development of democracy. Media inform citizens about politics, contribute to preference building and control – if politically unrestricted – political decision makers. Without a free press, other human rights are hard to attain und harder to safeguard. The Universal Declaration of Human Rights grants the right to freedom of opinion and expression to everyone. This right, as stated in Article 19, does not only seek to protect any individual from interference but also includes the right to seek and receive information through media. Restrictions or limitations to this right breach basic human rights; and, consequently oppose a core value of democracy. According to recent studies, e.g. by “Reporters without Frontiers” or Freedom House, the overall situation of media and media independence is still appalling, despite slight improvements in single countries. Legal harassment, intimidation, political pressure, and violence all contributed to the dire conditions under which journalists work throughout the world. To be recognized as a genuine democracy, a country must remove the barriers to freedom of the news media. At the same time, the press is expected to fulfill its journalistic responsibilities dutifully and respectfully. 2 Introduction Based on a sample of 15 countries the KAS Democracy Report informs about the situation of the media and their contribution to democratic development. The studies were conducted between November 2007 and February 2008. Some countries, as for example Bolivia, Nigeria, Egypt, and Russia were already studied in the first Democracy Report on the situation of the media. We surveyed these countries again because there was reason to expect significant changes since 2005. The other countries have been investigated for the first time for a Democracy Report on media. The second volume of the “Media and Democracy” report in the KAS Democracy Report series is, therefore, to be understood as a repetition in subject, not as a mere update of the 2005 report. Contact: Dr. Karsten Grabow, Project Coordinator KAS Democracy Report Tel.: 0049-30-26996-3246 Fax: 0049-30-26996-3563 Email: [email protected] 3 Questionnaire QUESTIONNAIRE 1. General Conditions Question 1: What is the percentage of literacy? Give reasons, explanations, interpretations. Question 2: How many local radio and TV stations (including regional community based stations) and newspapers exist in total? Question 3: Are there political parties which run (de jure or de facto or indirectly) their own radio, TV stations and/or newspapers? Question 4: Do independent local internet newspapers exist? - If yes, do state authorities try to censor these internet newspapers? - Has the internet improved their working conditions for free coverage? - If no, what are the reasons? Question 5: How many people (in total, as a percentage) have access to radio, TV, newspapers and the internet (including international satellite programming)? Question 6: How frequently do citizens use the media (TV, radio, press, internet, verbal exchange of information, miscellaneous) as a source of information in your country? Give your estimate on a scale from 1 to 4. 1: almost never 2: occasionally 3: often 4: very often Question 7: How significant is the influence of the media on the formation of political opinion in your country? Give your estimate on a scale from 1 to 4. 4 Questionnaire 1: no influence at all 2: rather little influence 3: significant influence 4: highly significant influence - Referring to answers 1 and 2, what do you think are the reasons for the media exerting only little influence on the formation of political opinion? - Does the social background of the media consumers determine the level of influence? Question 8: Do state-owned (or de facto/quasi state-run) newspapers, radio and/or television channels exist? - If yes, is the editorial departments’ coverage protected by law from being influenced by government authorities? - Who appoints the leading positions of state-owned newspapers or television and radio channels (general directors, editors-in-chief, etc.)? - only the government - independent committees (including members of opposition parties and/or civil society) - miscellaneous Question 9: To what extent is the published and broadcast opinion determined by state-owned media (reach and shares in comparison to private media)? - dominance of state-owned media (private media hold almost no shares of the published opinion) - hegemony of state-owned media (clear majority of shares are held by state-owned media) - hegemony of private media (clear majority of shares are held by private media) - dominance of private media (state-owned media hold almost no shares of the published opinion) 5 Questionnaire - Evaluate the coverage of state-owned media on a scale from –3 to +3. -3: anti-government -2: very critical towards government -1: critical towards government 0: neutral +1: close to government +2: very friendly towards government +3: propaganda for government - Are there any differences between press, radio and television coverage? - If yes, what are the differences? Question 10: Does the government regularly hold press conferences informing the public about its programs? - If yes, do all journalists have equal access to press conferences? - Are press conferences allowed to be broadcast? - If yes, are particular channels refused their broadcasting rights? 2. Legal Environment Question 11: Is the freedom of expression established in the constitution and defined as a fundamental individual right? - If yes, is the freedom of expression in any way restricted, e.g. by an amendment? - If yes, to what and to whom does the amendment refer and with what consequences? Question 12: Is the freedom of the press, or more precisely, free media coverage established in the constitution? 6 Questionnaire - If yes, is the free media coverage in any way restricted, e.g. by an amendment? - If yes, to what and to whom does the amendment refer and with what consequences? Question 13: Are there any defamation laws or laws which determine the access to information and the protection of privacy for office bearers? Question 14: Is the media coverage regulated by law (or decree)? - If yes, is censorship by state authorities permitted under the law? - If yes, in what cases does the law permit censorship by state authorities? - Is free coverage of certain people, groups, institutions or issues restricted under the law? - If yes, what kind of people, groups, institutions or issues are concerned? - Are certain people, groups or organizations excluded under the law from working as journalists or from expressing their opinions? - If yes, what kind of people, groups or organizations are concerned? What are their fields of work? - Do media reports have to be examined by state authorities before publication? - Are there any bodies or commissions that “regulate” media coverage on behalf of the government? Question 15: Has the legal framework for media coverage been modified during the past five years? - If yes, in what way has it been modified? - Evaluate the effect of these modifications on the freedom of the media. Give your estimate on a scale from –3 to +3. 7 Questionnaire -3: extreme aggravation (free media coverage impossible) -2: strong aggravation (free media coverage possible with major restrictions) -1: slight aggravation 0: no change in quality +1: slight improvement +2: strong improvement (free media coverage possible with minor restrictions) +3: extreme improvement (unrestricted media coverage) - Comment on whether 9/11 and possible anti-terror laws or regulations have impacted on and/or restricted the freedom of media coverage. Question 16: Have there been any changes in the quality of the free media coverage during the past five years? - If yes, in which ways has it changed? - Evaluate the effect of these modifications on the freedom of the media. Give your estimate on a scale from –3 to +3. -3: from extreme aggravation to abolishment -2: strong aggravation -1: slight aggravation 0: no change in quality +1: slight improvement