Broadcasting and Citizens

BULGARIA by Anja Herzog

1. TV VIEWERS’ PARTICIPATION IN BULGARIA

After the breakdown of the communist system Bulgaria has developed a dual broadcasting system with the quasi state-ruled broadcasters Bulgarian National Television (BNT) and Bulgarian National Radio (BNR) and a multitude of private, commercial broadcasters. The media market is fragmented, with over 130 radio stations, 129 TV operators, and over 180 newspapers and magazines at present.1 Two TV channels have an almost nationwide reach: The public “Channel 1” of BNT has a technical penetration of 98.1 % and the private channel BTV of 86.4 %. These two channels have the biggest reach, in April 2003 the first national public channel, Kanal 1 (BNT), reached 77.6 % of the audience while the private channel BTV had a reach of 91.5 %.2

Due to rather unstable political and economic circumstances, the Bulgarian media landscape has been subject to a number of fluctuations during the transformation process from the Soviet kind of state monopoly to the dual broadcasting system as known in the Western world. Today, the dominating aim in Bulgaria is digitalisation of the media and the preparation for the acceptance into the European Union. Therefore, there currently is a vivid discussion about new media legislation because of the evident insufficiency of the existing legislation. This general insufficiency also holds for the specific aspect which is of interest in this report: Although there are some features of an accountability system, its actual accomplishments are questionable as there is rarely any direct consumer participation. For an overview on the relevant institutions dealing with viewers’ interests see the table at the end of the chapter.

1.1 National Institution and Government bodies

The only way for television viewers in Bulgaria to participate directly is to file a complaint to the Council for Electronic Media (CEM – Savet za elektronni Medii). The CEM has been established by law to control the programmes of radio and television broadcasters, e.g. the requirements for broadcasts aimed at children, the compliance with the requirements relating to advertising etc. Among other activities it commissions audience surveys and publishes findings in a newsletter (see chapter 2.1). Beyond the functions of the CEM there is no representation of TV viewers in the boards of the broadcasters or in other committees or councils established by law.

1.2 Self-Regulation

As a self-regulatory counterpart the Code of Ethics, set up in 1994 by the Union of Journalists in Bulgaria (together with e.g. the Free Speech Civic Forum and the Centre for Independent Journalism) needs to be mentioned. It reflects this intention by committing journalists in their work not to violate principles like human dignity or equality.3 However, the effects of this declaration of a Code of Ethics do not seem to be very high as the Council for Electronic Media focuses on the increase of professional standards of journalism in Bulgaria on different levels (see chapter 2.3). Another approach to support, amongst others, the interests of viewers, is the Bulgarian Media Coalition (BMC). It is an independent association of different organisations. Its task is to “work together for the development of independent media, for a pluralistic and independent media sphere”.4

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1.3 Other organisations

An interesting small organisation which is worth being mentioned in the context of securing the interests of specific groups of viewers, is the association Media with Human Face. This association follows the aim as generally stated in its title in producing TV programmes for ethnic minorities, handicapped people etc. as well as programmes that provide citizens with a forum for discussion (see chapter 3).

Beyond that, there are no specific viewer organisations in Bulgaria. As a reason for this experts5 refer to the special relationship between Bulgarians and their media and journalists. Actually, people very often complain directly to the journalists they think did something wrong. Another means are call-in programmes (e.g. Nova TV) that are used to complain about the media. Concerning the press, letters to the editor are still a widely used way of complaining. Typical subjects of these “direct” complaints are the contamination of language due to tabloidisation (e.g. new word creations) and the general style of coverage (the decline of political culture). The public calls for more and better feature films. In the past, the politicisation of the press was often criticised, this is no longer the case though. Overall, a discrepancy between city and country can be observed. This means that people in the cities are better informed, whereas in the country cultural values are still regarded as very important. But, partly as a consequence of the still ongoing process of transformation, there is no developed scene of civil society organisations which try to institutionalise the interests of particular groups. For example, as far as we found out up to now, there are no organisations which represent the interests of the Turkish minority in Bulgaria, although experts see an undersupply of media for this group in Bulgarian media.

2. TV VIEWERS’ RIGHTS: THE REGULATORY FRAMEWORK

2.1 Sector specific regulation

In Bulgaria the only sector specific regulation is the Law on Radio and Television6 which tries to cover all relevant areas in media legislation7. It contains provisions regarding public and private broadcasting, establishes the Council for Electronic Media (for details see 2.3.), guarantees independence of radio and television operators from political and economic interference, includes the legal basis for Bulgarian national television and radio and rules for financing of broadcasting activities, content regulation regarding commercials, sponsorship and everything dealing with children/minors, licensing and registration of radio and television operators (see Annex 1.).

Currently, there is a discussion about the necessity to establish a new law that would provide the CEM with better means to impose its sanctions and a different organising system regarding Bulgarian National Television and Bulgarian National Radio.8 There are drafts for a new legislation respectively amendments to the Law on Radio and Television.

A Law on Electronic Media is under construction, but up to now the draft versions have been criticised by international media organisations and the European Council consistently.9 It is said that at the moment there is a “unique public consensus […] that a new media law is absolutely essential”10 and thus there is a chance of realising new legislation. Apart from this, there is a strategy paper on development of electronic media submitted by the Communications Regulation Commission (CRC), which still has not been discussed though.11 Next to other questions (e.g. frequency management) the strategy paper deals with questions of viewers’ interests, for example, it aims to implement the regulatory principles, upon which the policy of the EU in the field of audiovisual sector is based, like developing public television, which guarantees pluralism and protection of the public interest by forming public opinion; increased supervision over programmes viewed by minors, and implementing self- regulation, jointly performed by operators and audiences.

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2.2 Regulatory practices for positive and negative content regulation

In Chapter I, Art. 10 of the Law on Radio and Television12, radio and television operators are obliged not to broadcast programmes suggesting intolerance, contradicting the good manners, offering pornography, or praising violence or promoting discrimination with regard to race, gender, religion or nationality. In addition, article 10 includes the rules according to the EU directive “Television without Frontiers” concerning quota for European productions and independent producers.

In Art. 16 it is codified that broadcasters may not use information concerning the life of individuals without their consent unless it concerns citizens carrying out legal capacities of state bodies or citizens whose decisions have an effect on society or persons, a sentence has been enacted for premeditated crime of general nature. If broadcasters violate these rules, they have to publicly apologise to the person affected. Art. 17 includes the general obligation that “radio and television broadcasters shall be accountable for the content of the program services provided by them”. In detail the article prescribes that broadcasters may not create or provide programmes directed at damaging the physical, mental and moral development of children and minors; but this does not apply to encrypted channels and/or programmes broadcast between 11 p.m. and 6 a.m. and clearly marked by a warning signal.

2.3 Instruments established by law

The Law on Radio and Television in Chapter II establishes the Council for Electronic Media13 (CEM) which is responsible for monitoring media activities and enforcing the interests of society by “defending the freedom and pluralism of the speech and the information, as well as the independence of the radio and television operators.”14 The council consists of nine members, five of them elected by the National Assembly and the other four appointed by the President of the Republic. Every person of “Bulgarian citizenship, who has as permanent address on the territory of the country, with higher education and professional experience in the sphere of the electronic media and/or the telecommunications” can be member of the council. He or she shall not have been sentenced to prison for premeditated crime of general nature, sole entrepreneurs, owners of the capital of trade companies or in any way be connected to managing and controlling bodies of trade companies and co-operations or have in any way worked for the former State Security.15

The CEM, among other duties, elects and releases the general directors of Bulgarian National Television and Bulgarian National Radio. Moreover, it organises studies about public assessment of the activity of radio and television operators and their programmes, takes decisions on licensing questions for radio and television activity and ensures public access to “events of important public significance”16. In addition, it monitors radio and television activities e.g. observing the requirements regarding children and minors, protecting the rights and interests of viewers and listeners. The CEM is also obliged to publish its decisions in a newsletter. Moreover, it has to issue an annual report on its activities. Action can be taken against the CEM’s decisions by appealing to the Supreme Court.

2.4 Complaints procedures

The Law on Radio and Television in Chapter I, Art. 18 gives a short description of the complaints procedure regarding the right to response. If a person, state or municipal body is affected by radio or television broadcasting, he/she/it can realise their right to response. For this purpose, a written request addressed to the respective radio or television operator needs to be sent in within seven days asking for response. This request has to give the disputed assertions, date and time of broadcasting. After receiving this request the radio and television operators are obliged to publish the response in the next issue of the same broadcasting or in equal time within 24 hours without changes or shortenings. The response shall not require more time than the disputed part of broadcasting though. This

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procedure must be free of charge for the affected party.17 Any complaint can also be sent to the CEM, which presents it to the respective broadcaster asking for a statement; afterwards the CEM makes its own decision which is published and, and as a rule, gets a lot of public attention.

3. VIEWERS’ ORGANISATIONS SOCIAL IMPACT

3.1 Case study 1: Council for Electronic Media (CEM)

3.1.1 Complaint procedures

The complaint function does not make up an important part of the CEM’s work. And up to now, it is not promoted very much. Via Internet there are no guidelines or online forms available, which would explain how to complain adequately or which would allow the viewers to directly file the complaint online. On its website the CEM has just a message board, where everybody can leave a message (see Annex 2.1). Contact information comprises just phone numbers and one general address as well as one e-mail address. Thus, viewers are not really encouraged to file a specific complaint or to learn about possible complaint procedures.

According to a member of the CEM the Council has not received many complaints until now. There are single citizens, NGO’s and other organisations (e.g. political parties) who file complaints in written form (letters) or via telephone. After receiving the complaint the CEM presents it to the channel that has broadcast the programme in question and discusses the complaint in the regular meeting of the CEM. Sometimes it asks the monitoring department of the CEM to deal with the programme. Decisions of the CEM are broadly discussed in the public and published in newspapers. A recent example was the complaint of a parents’ NGO, that pointed at a TV broadcaster, which showed wrestling shows during the day, which attracted many children. The CEM has no legal power to actually stop the broadcasting of these shows, but it issued a statement and initiated a broad public debate and finally the programme was transferred into the late evening.

In general the protection of minors is the most important issue which leads to public debates. One proposal for self-regulation which is discussed in the public today is the labelling of programmes with an icon that are not appropriate for minors. There is a general public agreement on this question, but up to now it is just the public broadcaster which is willing to follow the agreement, while the private channels still refuse to label their programmes.

Another important topic for the complainants is the purity of language. In the public a broader discussion takes place on indecent language as well as on “good manners” in news coverage and on professional standards of journalism. The CEM tries to deal with this topic by observing professional standards, initiating discussions, proposing self-regulatory measures and arranging conferences. According to the experts asked within the framework of this report, a general problem of the CEM is that it has got too many indistinct competencies. The very long list of powers as stated in articles 32-34 of the Law on Radio and Television demonstrates that this organisation is responsible for almost everything related to radio and television. However this plenty of tasks is seen as a disadvantage, because specific tasks, as the protection of viewers’ interests, cannot be a visible part of its activities. As a consequence there is a general lack of attention for these issues, and the CEM is not very influential in this field. In comparison with other instruments, the initiatives for self-regulatory measures generally seem to be the most promising way to act for the CEM – especially because the Council does not have sufficient means to apply sanctions, particularly on private broadcasters. Furthermore, the legal framework in general does not provide much ground for more efficient regulatory measures. Due to these circumstances, the experts emphasize the importance of the current public discussion on media legislation. Another step towards a refined regulatory and accountability system is done within a PHARE project described below.

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3.1.2 Innovative steps to the future – the PHARE project

The CEM recently started a project within the framework of the PHARE initiative of the European Union18 that focuses on the establishment of complaints procedures via Internet. As a result of this project the website of the CEM shall be improved, e.g. a complaints form and information on the complaints procedure shall be included in the website. In addition the project sets out to develop instruments which will allow the CEM to expand the monitoring of compliance by the licensed and registered radio and TV operators. This shall be obtained by the establishment of seven new regional centres for monitoring in Bulgaria. Today the monitoring of the CEM takes place either through complaints initiated by the public or by randomly selecting a certain programme.

Another part of the project aims to establish a complaints council for professional standards. The background for this initiative is that over the last 10 years a proliferation of new media and the lack of self-regulation has led to a decline in standards of professional journalism. “This is most visible by the continuing incidence of media reports that promote prejudice, especially towards various ethnic groups; the number of libel cases against journalists and also the high number of turnover in media. […] Efforts in 1995-96 to create a Media Law that would regulate the sector, failed, due to strong public opinion that such an Act would be an infringement on constitutionally guaranteed freedoms. A consensus emerged that apart from the need to regulate electronic media, print media should be left to self-regulatory mechanisms. […] Outside the realm of the RTA (Radio and Television Act, 1998) various efforts were undertaken by NGOs to codify an ethical charter for print media. A review of these past efforts suggests that they failed because they were drafted outside of the media sector, were not necessarily based on the real concerns journalists and the public interest, and failed to create an enforcement mechanism. [...] The project envisages that four major goals will be achieved after its completion. The first main output of this component will be the development of a Code of Practice, which is to be adopted by media professional associations. The second output will be the agreement on the establishment of a Complaints Commission, as the enforcement mechanism of the Code addressing disputes and grievances arising from infringements on the Code. The Commission should be entirely voluntary and include media professionals that are of unquestionable moral standing and reputation in the media community. They should be elected in a transparent and accountable process. A clear and transparent complaints process should be incorporated for addressing complaints and resolving disputes. The members of media professional associations that have adopted the Code shall be required, by virtue of their membership, to comply with its principles. This will include agreement to observe the rulings of the Complaints Commission. To facilitate enforcement, all members of media associations should integrate the values of the Code in the media’s internal rules and regulations. By virtue of their programming licenses electronic media are required to have internal rules and regulations and they should be made compliant with the values of the Code. The Code shall perform a dual function: it shall provide media with a set of principles to guide it; and furthermore provide the Complaints Commission with a clear and consistent framework within which complaints can be addressed and disputes resolved. The existence of a Code of Practice and Complaints Commission will create public pressure on media to uphold the values of the Code.” 19

The other tasks of the project aim at advancing journalism training at different levels in Bulgaria. Further information on the projects can be found at the CEM-website under “international activity”. The PHARE project is still running, thus it is too early to assess, whether the ambitious aims can be reached. At least the pure existence of this project has risen the attention for media related issues like the viewers’ interests and professional standards.

3.2 Case study 2: Bulgarian Media Coalition

Regarding self-regulation activities there is the Bulgarian Media Coalition (BMC)20, an association of NGO’s, professional and industry organisations with the objectives of “improving the Bulgarian media legislation and bringing it in line with European standards, independence of the media regulating bodies, transparency of the

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process of electronic media licensing, the right to access to information, improving the legislation on libel and insult and the protection of journalists against prosecution; self-regulation and ethical standards in journalism, media research, professional training, and supporting non-profit organisations to establish professional relations with the media.”21 There are strong efforts towards self-regulation on the part of the BMC, especially regarding the establishment of a self-regulation body, but “a considerable part of the media community fears that such structures might exercise censorship”.22 The BMC has a very capacious website, including a consultation form, which allows visitors to consult BMC about questions related to media and legislation issues (see Annex 2.2). Bulmedia.com is also a part of the BMC site, offering services like chat rooms, mailing list administration and discussion forums to organisations and individuals related to or interested in the media (see Annex 2.3).23

Several arguments underline though, that the Media Coalition might be instrumentalised as well, but these are hard to prove – one should be aware that any kind of conspiracy theory is quite popular in the Bulgarian public. According to some arguments the Media Coalition is an amorphic association which has got the problem that it is a coalition of very different interest groups, including journalists organisations as well as publishers and cable operators as well as NGO’s. This is why BMC is regarded as pretty active, but not very powerful.

3.3 Case study 3: Media with Human Face Association

The association Media with Human Face was established in 1996 in Plovdiv with the general task of “contributing to the humanizing of the media landscape and the civic relationships in Bulgaria, in order to find solutions to concrete social problems and to establish a dialogue between authorities and citizens“.24 In practice, TV and radio programmes are produced for viewers, who’s interests are not met in the commercial programmes, e.g. handicapped people, ethnical minorities etc. The organisation was set up similar to the model of the PBS in USA. This public broadcasting service model was established in 1969 in the USA and is a private, nonprofit corporation whose members are America’s public TV stations. It provides quality TV programming and related services to 349 noncommercial stations (for more information see http://www.pbs.org/aboutpbs/aboutpbs_corp.html).

The programmes are transmitted in the Plovdiv regions and in some other regions in a few channels. The Media with a Human Face is the only organisation with this task in Bulgaria except from another producer of programmes for the roman minority. The organization gets feedback to their programmes by letters and phone calls of viewers and through occasional call-in programmes.

According to the organisations own view, the situation for viewers’ rights is rather difficult in Bulgaria as the market has a great impact on what is being offered by broadcasters. Through the interview, it could be established that the organisation Media with a Human Face would be interested in participating in a EACTV initiative.

4. BEST AND INNOVATIVE PRACTICES

In general, the media landscape in Bulgaria is dominated by the profit orientation of the broadcasters and the still very high influence of the state in this sphere. More than ten years after the starting point for the transformation of the society there are many fluctuations in the development of the media. For the Council for Electronic Media the task to monitor the licensed broadcasters is hard to fulfil as the market is quite fragmented. In general, the CEM does not seem to be very powerful, but tries to bring forward the establishment of self-regulatory procedures in the media landscape. Although it is too early to assess the success of the ambitious PHARE project which aims at developping new kinds of media regulation and furthering public discourse on media, this EU programme should be registered as one option to support initiatives in Central and Eastern European countries which try to fill the gap of civil society organisations after the soviet regime.

42 Broadcasting and Citizens

Finally, an interesting initiative, which might be taken into account while thinking about a European association for viewers’ interests is the production of TV programmes for minorities by the organisation Media with a Human Face. This seems to be a very direct way to take care of viewers’ interests.

ANNEXES

1. Legal Framework

A: Law on Radio and Television25 (Extract)

Article 6

(1) Public-service radio and television operators shall be sole-trader natural persons or juristic persons holding a radio and television broadcasting license whose main object is to contribute to the realization of the constitutional right to information. (2) Public-service radio and television operators shall be subjects of public law or of private law. (3) Public-service radio and television operators shall: 1. provide for broadcasting political, business, cultural, scientific, educational and other socially relevant information; 2. afford access to national and global cultural values and popularize the advances of science and technology by broadcasting Bulgarian and foreign educational and cultural programs addressed to all age groups; 3. ensure, through their programming policy, the protection of national interests, universal human cultural values, national science, education and culture of all Bulgarian citizens, regardless of their ethnic identity; 4. encourage the creation of works by Bulgarian authors; 5. encourage Bulgarian performing arts.

Article 7

The Bulgarian National Radio (BNR) and the Bulgarian National Television (BNT) shall be the national public- service radio operator and, respectively, the national public-service television operator, which: 1. ensure program services for all citizens of the Republic of Bulgaria; 2. assist the development and popularization of Bulgarian culture and the Bulgarian language, as well as of the culture and language of citizens in accordance with their ethnic identity; 3. afford access to the national and European cultural heritage through their program services; 4. insert informational, educational and entertainment broadcasts in their program services; 5. apply the new information technologies; 6. reflect the diversity of ideas and convictions in society by means of a pluralism of viewpoints in each one of the news and current affairs broadcasts on political and business subjects; 7. foster mutual understanding and tolerance in relations between people; 8. afford citizens the opportunity to get familiar with the official position of the State on important issues in public life.

Article 8

(1) This Act shall guarantee the freedom of radio and television operators and of their broadcasting activities from political and economic interference. (2) (Amended, SG No. 96/2001) The Electronic Media Council, as a specialized independent body, shall exercise supervision in the cases provided for in this Act.

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Article 10

(1) In pursuit of their broadcasting activities, radio and television operators shall be guided by the following principles: 1. guaranteed right to freedom of expression of opinion; 2. guaranteed right to information; 3. protection of confidential sources of information; 4. protection of citizens’ personal inviolability; 5. inadmissibility of broadcasts inciting to intolerance among citizens; 6. inadmissibility of broadcasts which are contrary to good morals, especially if they contain pornography, extol or condone brutality or violence, or incite to hatred on grounds of race, sex, religion or nationality; 7. guaranteed right of reply; 8. guaranteed copyrights and neighboring rights in broadcasts and programs; 9. safeguarding the purity of the Bulgarian language. (2) At least 50 percent of the total annual transmission time, excluding the time appointed to news and sports broadcasts, radio and television games, advertising, teletext services and radio and tele-shopping, shall be reserved for European works whenever this is practically possible. (3) At least 10 percent of the total annual transmission time, excluding the time appointed to news and sports broadcasts, radio and television games, advertising, teletext services and radio and tele-shopping, shall be reserved for European works created by external producers. This proportion should be achieved progressively through allocation of sufficient resources for new works, i.e. works broadcast not later than 5 years after their creation. (4) The requirements under paragraphs 2 and 3 shall not apply to programs intended for local audiences and broadcast by a single operator which does not form part of the national network.

Article 14

(1) Radio and television operators shall be obliged to record the programs and broadcasts provided by them for broadcasting and to preserve the recordings for a period of three months reckoned from the date of transmission. (2) Should a request for a reply be received or an action be brought against a radio or television operator in connection with the content of a broadcast or a program within the period referred to in paragraph 1, the recordings shall be preserved until the close of proceedings. (3) Any person, who claims that his or her reputation has been damaged in a broadcast, shall have the right to access to the relevant archives and to a copy of the recording made at his or her expense. (4) The Electronic Media Council may request material from the radio and television operators, as well as conduct on-site examinations in connection with the exercise of supervision as to compliance with this Act.

Article 15

(1) Radio and television operators shall not be obliged to disclose their sources of information to the Electronic Media Council, save in the case of pending legal proceedings or pending proceedings initiated on the complaint of a person affected. (2) Journalists shall not be obliged to disclose their sources of information either to the audience or to the management of an operator, save in the cases under paragraph 1. (3) Radio and television operators shall have the right to include information from an unidentified source in their broadcasts, expressly stating this fact. (4) Journalists shall be obliged to protect the confidentiality of the source of information should this have been expressly requested by the person who has provided the said information.

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ELECTRONIC MEDIA COUNCIL

Section I General Provisions

Article 20

(1) The Electronic Media Council shall be an independent specialized body which shall regulate radio and television broadcasting activities by means of registration or issuance of licenses for pursuit of radio and television broadcasting activities and through exercise of supervision over the activities of radio and television operators as to compliance with this Act. (2) In the performance of its functions, the Electronic Media Council shall be guided by the public interest, protecting the freedom and pluralism of speech and information and the independence of radio and television operators.

Article 33

The Electronic Media Council shall exercise supervision over the broadcasting activities of radio and television operators solely with regard to: 1. compliance with the principles under Article 10, paragraph 1 and the proportion under Article 10, paragraphs 2 and 3; 2. compliance with the requirements under Article 6, paragraph 3, and Article 7; 3. coverage of the elections of state bodies and bodies of local self-government; 4. compliance with the requirements regarding advertising and radio and tele-shopping in the broadcasts of radio and television operators; 5. conformity to the standards regarding charitable activities and sponsorship; 6. safeguarding of the secrets in radio and television broadcasting activities as provided for by the law; 7. compliance with the requirements as to broadcasts addressed to infants and minors; 8. information about decisions of the institutions administering justice and other state bodies in the cases provided for by the law; 9. protection of consumer rights; 10. technical quality of broadcasts and programs; 11. compliance with any restrictions as may be provided for in the law, in the licenses and in the effective international treaties to which the Republic of Bulgaria is a party; 12. compliance with the terms and conditions of the radio and television broadcasting licenses.

B. Rules of Journalistic Ethic26

(Adopted by the 10th Congress of the Union of Bulgarian Journalists on 6 March 1994)

The indestructible right for information, freedom of expression and criticism, the indestructible right of man to be informed about facts and opinions constitute the bases of the rights and duties of journalists. As the journalist takes on the great civic responsibility of his/ her profession, he/ she defends freedom of expression, maintains true independence of his/ her political views, beliefs and biases. The journalist bears the entire responsibility for his/ her works - signed or not, published or broadcast. In his/ her work the journalist observes the norms of journalistic ethics, limited by the following rules: The journalist does not let his/ her works to contribute to conflicts due to racial, ethnic, religious, or class differences; does not use words violating the human dignity; does not oppose to, but helps, people who feel they have been treated unfairly by his/ her work and news organisation to answer and show their side of the story on the same page or in the same news program; does not allow his/ her work to appear distorted; does not permit

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comments to slant the truth; does not present only part of the facts, which are known to achieve one-sided coverage of an event or a process. The journalist does not abuse freedom of expression and the opportunities provided by the profession for his/ her own profit, for maintaining personal relationships and satisfying personal ambitions, for profiting in any way of him/ herself or other people and organisations; does not use his/ her name and the profession for advertising and commercial purposes. The journalist does not use dishonest means for gathering information; does not violate the right of privacy; except in cases when this would benefit society in an extraordinary way; does not plagiarize, always cites the author of used or mimeographed work; does not act to harm his/ her sources; does not take advantage of the honesty and suffering of people covered by his/ her stories; does not reveal the identity of criminals under age or victims of crime. The journalist does not accept tasks incompatible with his/ her professional dignity, does not hamper his/ her colleagues from gathering of information; does not offer his/ her service to news sources for unsatisfacory conditions in order to prevent a colleague from gathering information. The journalist does not put him/ herself in service of intelligence services.

Annex 2: List of bodies / people contacted

- Veselina Bojilova, member of the organisation Media with a Human Face - Dr. Lilia Rajcheva, member of the Council for Electronic Media - Dr. Michaela Tzankoff, Universität Hamburg

NOTES

1 See http://www.cem.bg/r.php?sitemap_id=154, according to the recent monitory survey of Market Test Ltd. 2 Source: Market Test. See Milev, Rossen (2004): Die aktuelle Medienentwicklung in Bulgarien. In: Hans- Bredow-Institut (ed.): Internationales Handbuch Medien 2004/2005, pp. 227-233. 3 http://www.ijnet.org/FE_Article/codeethics.asp?UILang=1&CId=8283&CIdLang=1. 4 http://bmc.bulmedia.com/EN/English.htm. 5 See the list of experts who have been interviewed for this report in Annex 3. 6 http://bmc.bulmedia.com/EN/English.htm. Bulgaria has implemented the EU „Television without frontier directive“ and the “European Convention on Transfrontier Television”. 7 Different legislation - like the Penal Code - may be applied. 8 This discussion inflamed on the occasion of the discharge of the General Manager of BNT, who was accused of having “signed a contract with Russian PR company Video International at disadvantageous terms for the Bulgarian side”, s. http://www.novinite.com/view_news.php?id=32269. 9 Milev, Rossen (2004): Die aktuelle Medienentwicklung in Bulgarien. In: Hans-Bredow-Institut (ed.): Internationales Handbuch Medien 2004/2005, pp. 227-233. 10 http://www.abbro-bg.org/en/news.php?item_id=470&start_at=0&cat_id=44&cat_name= Media+Regulation&. 11 See Milev, Rossen (2004). Strategy paper available under http://www.cem.bg/r.php?sitemap_id=131 12 The text of the Law is available in Bulgarian under http://www.abbro-bg.org/docs/ZRT%20November%202003.doc and in English on the website of the Council for Electronic Media (http://www.cem.bg/r.php?sitemap_id=142). 13 It is separated in five Departments: Licensing and Registration, Monitoring, Legal Department, Financial and Economic Activity and Human Resources, Administrative and Information Services. (www.cem.bg)

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14 Law on Radio and Television, Chapter II Art. 20- (2). 15 Law on Radio and Television, Chapter II, Art. 24, 25 and 26. 16 Law on Radio and Television, Chapter II, Sec. III, 18. (3). 17 Law on Radio and Television, Chapter I, Art. 18 (1) – (5). 18 The PHARE programme (for more information see http://europa.eu.int/comm/enlargement/pas/phare/) is one of the three pre-accession instruments financed by the European Union to assist the applicant countries of Central and Eastern Europe in their preparations for joining the European Union. Originally created in 1989 to assist Poland and Hungary, the PHARE programme currently covers 10 countries: 8 new Member States – the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia – as well as Bulgaria and Romania, assisting them in a period of massive economic restructuring and political change. PHARE’s objectives are: a) Strengthening public administrations and institutions to function effectively inside the European Union; b) Promoting convergence with the European Union’s extensive legislation (the acquis communautaire) and reduce the need for transition periods; c) Promoting Economic and Social Cohesion. 19 See http://www.cem.bg/r.php?sitemap_id=154 20 Members are: Journalists for European Union Association, Association of Bulgarian Broadcasters, Bulgarian Association of Licensed Cable Operators, Bulgarian Helsinki Committee, National Organisation of Cable Operators, Free Speech Civic Forum, Union of Bulgarian Journalists, Centre for Independent Journalism, Access to Information Programme, Podkrepa Union of Journalists in Bulgaria, Media with Human Face Association, Association of Bulgarian Cable Operators, ACCESS Foundation, Investigating Journalists Association. 21 http://www.ejc.nl/jr/emland/bulgaria.html#5. 22 http://www.ejc.nl/jr/emland/bulgaria.html#5. 23 http://portal.bulmedia.com/nav_en.asp?n=mediaCHAT&m=2. 24 http://bmc.bulmedia.com/EN/English.htm 25 Available at: http://www.ifj.org/docs/psb-bu-law1.doc. 26 Available at: http://www.uta.fi/ethicnet/bulgaria.html.

47 BULGARIA - Overview of institutions dealing with viewers' interests