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Eastern Partnership Media Freedom Landscape-2013

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Eastern Partnership Media Freedom Landscape-2013 This project is funded by the European Union Inspired by EASTERN PARTNERSHIP MEDIA FREEDOM LANDSCAPE-2013 Kyiv-2014 УДК 342.732(477+47+57) ББK 7.9(4укр)400.7+67.9(4Укр)400.7 ISBN 978-617-7157-07-5 М42 Project partners: Yerevan Press Club (Armenia) «Yeni Nesil» Union of Journalists (Azerbaijan) Association Green Wave (Georgia) Independent Journalism Center (Moldova) Partners from Belarus Internews Ukraine (Ukraine) This publication was prepared through the efforts of: Armen Nikoghosyan, Yerevan Press Club (Armenia) Mikayel Zolyan, Yerevan Press Club (Armenia) Boris Navasardian, Yerevan Press Club (Armenia) Elina Poghosbekian, Yerevan Press Club (Armenia) Arif Aliyev, «Yeni Nesil» Union of Journalists (Azerbaijan) Gulu Magerramli, «Yeni Nesil» Union of Journalists (Azerbaijan) Tamar Tsilosani, Independent media expert (Georgia) Petru Macovei, Independent Press Association (Moldova) Ion Bunduchi, Radio Moldova national public broadcaster (Moldova) Cristina Leva, Independent Journalism Center (Moldova) Lyudmyla Opryshko, Regional Press Development Institute (Ukraine) Valeriy Ivanov, Ukrainian Press Academy (Ukraine) Oksana Voloshenyuk, Ukrainian Press Academy (Ukraine) Diana Dutsyk, Telekrytyka (Ukraine) Vitaliy Moroz, Internews Ukraine (Ukraine) This publication has been produced with the assistance of the European Union. The content of this publication is the sole responsibility of its authors and can in no way be taken to reflect the views of the European Union. CONTENT Foreword ....................................... 4 Armenia ....................................... 7 Azerbaijan ...................................... 15 Belarus ........................................ 26 Georgia ........................................ 36 Moldova ........................................ 41 Ukraine ........................................ 52 Infographics .................................... 68 3 FOREWORD The present publication constitutes an issues, on the other. The web resource also aggregate result of the first year of the acts as a platform for sharing best practices Eastern Partnership Media Freedom Watch of journalists’ rights protection in Eastern project. The aim of the project is to support Partnership countries, which have a lot in media freedom in Eastern Partnership common in their history and development countries (Armenia, Azerbaijan, Belarus, paths, as well as in issues related to mass Georgia, Moldova and Ukraine) by informing media. That is why the project finds it vital both the citizens of the mentioned countries to inform journalists, public figures and and the international community on the public officials on practices of efficient media state of journalists’ rights and freedoms. The freedom protection. project was inspired by the activities of the Media sub-group of the Eastern Partnership The Media Freedom Index measures media Civil Society Forum, initiated in 2009 by freedom in the Eastern Partnership region. the European Commission. The Project was The Index reveals the degree to which media launched in March 2013 with the financial and journalists are allowed to exercise support of the European Union. their rights and freedoms without fear of reprisals and pressure from authorities, The main products of the project include media owners or other connected entities. website ENP East Media Freedom Watch The research methodology relies on expert (http://mediafreedomwatch.org) and the quarterly surveys incorporating all the best Media Freedom Index of the Eastern approaches of already available international http://mediafreedomwatch.org/ru/ Partnership countries. freedom of expression indexes. The study focuses on a specific region thus allowing The web resource is a concentrated source for a more detailed exploration of the of information on the events and processes, issue. An extended team of 60 specialists taking place in the field of media freedom (ten from each country) ranging from local in the above-mentioned countries. The journalists, to human rights defenders, to site serves as a connecting bridge between lawyers, to sociologists and public figures the journalistic community and non- with a five-year experience at least in their governmental media organizations of the field of expertise and maintaining close Eastern Partnership countries, on one side professional relationships with the media and official EU institutions, European sphere were invited as Index experts. In human rights and civil society organizations order to ensure a more accurate media directly engaged with freedom of expression landscape of the region the selection of 4 Foreword experts excluded representatives of political Vladimir Soloviov, Alina Turcanu (Moldova); organizations and state authorities. Oleksandr Chekmyshev, Andriy Kulykov, Kostyantyn Kvurt, Tetyana Lebedeva, The project team expresses gratitude Nataliya Ligachova, Anatoliy Martsynovskyi, to journalists, media experts and public Lyudmyla Opryshko, Natalya Pedchenko, figures, lending a helping hand in project Taras Petriv, Vitaliy Portnikov, Oksana implementation: Gulu Magerramli Romanyuk, Nataliya Sad, Viktoriya Syumar, (Azerbaijan); Irene Aloyan, Vardan Aloyan, Oksana Voloshenyuk (Ukraine). Levon Barseghyan, Shushan Doydoyan, Anna Israyelyan, Gegham Manukyan, The present review, as well as all the Media Freedom Index Armen Nikoghosyan, Arthur Papyan, Elina materials, forming its backbone, are Poghosbekian, Nouneh Sarkissian, Lusineh available in electronic format at the ENP Vasilyan, Mikayel Zolyan (Armenia); Oleg East Media Freedom Watch Project site at Ageev, Andrei Bastunets, Pavel Bykovskiy, www.mediafreedomwatch.org. Svetlana Kalinkina, Aleksandra Koktysh, Zhanna Litvina, Mikhail Yanchuk (Belarus); Mamuka Andguladze, Sopho Bukia, Luba Eliashvili, Maraim Gogosashvili, Nino Boris Navasardian (Armenia) Jangirashvili, Nino Jojua, Ninia Kakabadze, Tamar Khorbaladze, Natia Kuprashvili, Arif Aliyev (Azerbaijan) Nino Lomjaria, Ia Mamaladze, Giorgi Mshvenieradze, Ramaz Samkharadze, Irakli Manana Jakhua (Georgia) Tabliashvili, Tamar Tsilosani (Georgia); Ludmila Andronic, Lucia Bacalu, Ion Nadine Gogu (Moldova) Bunduchi, Doina Costin, Cristina Leva, Petru Macovei, Olivia Pirtac, Alina Radu, Andriy Kulakov (Ukraine) 5 ARMENIA Policy The media in Armenia is governed which substantially restricted commercial by the Laws of the Republic of Armenia advertising on public broadcaster. In «On Television and Radio», «On Mass particular, it is proposed to introduce Communication», «On Freedom of a ban on commercial advertising on Public Information», «On Copyright and Related Television of Armenia, however retaining Rights», «On Advertising» and by the social ads, as well as acknowledgements relevant provisions of the Electoral Code of the sponsors in cultural, educational, regulating media activities during elections scientific, and sports programs only once and referendums, as well as by other laws throughout the program. At that, the total and regulations. duration of the above-mentioned advertising should not exceed 90 seconds within an On September 30th, 2013 the National air hour. The Government substantiated Assembly of the Republic of Armenia adopted its legislative initiative by the fact that the final amendments to the Law «On the cancellation of commercials in public Copyright and Related Rights». The current broadcasting will free time for higher value Law has been supplemented by Article 22.1 programs. The package of amendments is which establishes the terms of copying now pending the approval of the National content from printed/online media, in full Assembly. or in part, by other printed/online media. For the first time ever, the draft law was In this context, «Asparez» Journalists’ released for public discussion on Facebook Club conducted monitoring of six national between its first and second reading in channels in August 2013 to reveal numerous parliament. The newly amended legislation violations of the legislation on advertising caused mixed feelings in the journalistic by the broadcasters. Thus, the provision of community. It set the terms for information the Law «On Advertising» prohibiting more use, especially in online media, but failed than one ad in less than 20-minutes of TV to shut down unprofessional journalism. program was infringed, to a greater or lesser extent, by all six TV channels, including On December 26th, the Armenian the public broadcaster. Another provision Government approved a package of setting a 14-minute limit on advertising in amendments to the Laws «On Television one hour of broadcasting was ignored by four and Radio» and «On Advertising» of the monitored TV channels, and in some 7 Armenia cases the limit was exceeded twice or several with the Main Law. The Article establishes times. It should also be noted that, according various kinds of losses, except moral damage. to Armenian legislation, the control over The ruling was issued following the television, including compliance with the petition of citizen Arthur Khachatrian. latest legal requirements, lies with the His lawsuit on material and moral damage regulatory body — the National Commission compensation was heard by all court on Television and Radio. instances with only partial satisfaction — the claim for indemnification of moral Some laws, in particular the Law «On damage was rejected. The Constitutional Television and Radio» and several legislative Court adjudicated Article 17 Clause 2 of the provisions continue to attract criticism from Civil Code at variance with the Armenian
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