June 2004 Observer

Questions, questions… Is it possible for us to have good media?

If we have good media, then why are journalists and readers not happy with them? If we don’t, what prevents us from making them so? Why in the West this is the “fourth estate” while here it isn’t?

A TV channel such as 1 (M1), in the cur- writing, bad stories or good stories is almost the same rent circumstances of Moldova, is probably more than thing in Moldova. the fourth estate. Given its impact on a certain type of Don’t you get the feeling sometimes, the editor people, who are also the most active voters, our tel- went on, that publishing newspapers is something evision is rather—due to the disproportional financial having to do with us, publishers and editors, rather support it receives from the communist government than the people we are addressing ? So, we are happy as compared to other media—a sort of state super- to publish a newspaper that earns us a more or less power. modest living, which, grants us some fame too. Does this mean that in the circumstances of unfair The thing about this fame is that it looks like a beg- competition, any other media outlet, regardless of its gar, since it has no coverage; it adds neither moral efforts and quality, is doomed to a limited impact? prestige nor material benefits. The majority of the so- Does this mean that regardless of the quality and pro- called VIPs and characters who fill newspaper pages fessionalism of journalists’ writing no further devel- and TV screens every day are people living just above opment is possible? “Exactly!” a newspaper editor subsistence. Well, there are some well-off characters told me as we were discussing the weaknesses of our too, but they are in the minority. In Moldova, just like media and the degree of professionalism of the jour- during the , the worker is the one who is nalists making them. “Even if the journalists were su- celebrated, which shows utter hypocrisy, because it per-professional, one couldn’t do more than the modi- is others who rule life today. cum we have managed to achieve in the conditions of Our media, however, are filled with paupers. Poor Moldova. Let’s imagine an impossible situation when journalists, poor heroes. On TV you can see research- we could hire, for a month, for six months or even an ers wearing suits they have had since their youth, jour- entire year Western journalists, say from the BBC, The nalists wearing pullovers from their studentship, art- Times, or Le Figaro. Let’s also suppose that they would ists in threadbare jeans, female teachers whose hair produce a newspaper or television as good as their own. Such outlets would immediately reach the situa- shows traces of curlers their mothers used in their tion of our independent media, i.e. they would be un- youth. derstood and accepted by a very small number of read- Or perhaps a yellow newspaper could make it ers”. here? Could we produce something like The Sun from Besides, my fellow journalist went on, we have to the UK, Express Gazeta from , or Academia take into account another side of our reality. We have Catavencu from ? Especially given the fact bad rightist newspapers, which are able to publish that we are the country in which, they say, the most just because they have a funder backing them, we have popular animal is the scapegoat. Do we have charac- bad leftist newspapers which are able to publish for ters and VIPs for something like this? It seems so. Do the same reason, and we also have bad governmental we have a reader who could savor scandals? It seems newspapers, which are in the same situation. The few we do. Journalists able to write scandalous things, independent newspapers, some of which are good, do because it is easier anyway than making investiga- not have a stable funder, have a certain faithful audi- tions? They seem to be there too. But it just wouldn’t ence and have reached the ceiling of their development. work. In order to evolve, they would have to make conces- Because everything here is “seems”. We are the sions either to a funder or to the reader, but they don’t land of SEEMS! seem to be prepared to do either. And then there is also the national peculiarity of And so we are gradually approaching the mon- shy affectation. We are only at the level of discussing strous conclusion that producing bad writing or good rumors among two or three people rather than publicly.

analytical bulletin 1 June 2004 Observer

You should see how the female neighbors in my come those in the West have money? Or do they also village spit and curse at each other and how the males not have enough? Or do they make money from ads? are gossiping! Every village has its own virtual scan- Somebody told me the other day that he was planning dals newspaper, in which eroticism sits well next to to make a new newspaper, and who do you think he pornography, police stories next to the most imagina- was looking for? A team of good journalists? Good tive curses. The same couldn’t happen in Chisinau, stories? No, he was looking for big shots who would because this city is made of four million villages and want to pay for advertising. they all know that it’s not a good idea to quarrel in Questions, questions, questions… Maybe some- public. body can offer some answers, maybe we should do Maybe the prices are to blame? Is it true what they something else besides opinion polls . Maybe we say about them, i.e. that they are inaccessible? I will should take care of ourselves too, not only of the make an unjustified parallel with theater. Theater wretched government. managers also say that they can hardly set a ticket Now I would like to go back to an incident I wrote price of 10-20 lei, and that’s difficult to sell too. And about before. I was at a party, and there was a doctor how about, I say to them , the National Theater which who had been in the team helping the victims of the sometimes manages to gather full houses 25 shows in accident that killed actor Grigore Grigoriu. As that a row with tickets at 25-30 lei and recoups the ex- was not the best occasion to speak about accidents, I penses threefold? So, something somewhere does wasn’t able to find out, as I had wanted to, more de- work, doesn’t it? tails about the accident. But several things that the There are two categories of people in Moldova: the doctor told me and which put the accident in a differ- rich ones (about 15-20%) and the poor ones (about ent light than what the media had written about it, 80%), true? False! (It is true that foreigners have man- made me think once again about how bad journalism aged to persuade us that we are not as poor as we like can be in Moldova. to think, even though sometimes we are much poorer The reader’s interest for such an event was natu- than we let on.) This is extremely approximate. But ral, given the actor involved. I saw him, like many oth- the devil is in the details. Just like God is. Between the ers, the evening before, at the Satiricus Theater, and truly rich (who are about 5% of the country’s popula- the dramatic event that followed caught me completely tion) and the extremely poor (about 25%) there is a by surprise. million kinds of non-poor and non-rich. And what a bitter taste was left in me by the stingy Our non-rich people can afford an expensive thing information broadcast and published by the media. once in a while, while our non-poor people fight for a ProTV Bucharest has more news about accidents every discount of several lei when buying second-hand. day (even if they sometimes use too much negative in- Discounts were very en vogue this winter, like formation), and we can see their reporters at the spot, never before. This was very obvious even for some- interviewing witnesses, the police, relatives of victims. body like me who never goes shopping. So, the shops Not to speak about the cases when the victims of acci- saw that even when they make business plans and dents are known personalities, when the stories are think very carefully about their customers, they still even more detailed. So, it is about elementary proce- fail to come and buy. Then they introduced the mecha- dures, which are in the journalists’ blood and which nism from the primitive era of natural exchange, i.e. the audience expects. pushing for discounts. And behold, they started to buy. Our journalists too, including the print ones (or Some liked the thing with discounts so much that the perhaps especially the print ones as they have more first thing they did when they opened their brand-new time to collect data), ought to go to the spot, make pic- stores was to paint large figures of discounts on their tures, collect information, talk to witnesses, doctors, windows. police, relatives. Nobody has ever done it. And so we But there is a limit to discounts. My colleagues from have to make do with either dry information and obitu- Jurnal de Chisinau told me that when their daily was aries, or all sorts of lachrymose speeches richly illus- for free, nobody bought it. However, people would buy trated with pictures from the actor’s films. This shows it from the hustlers who appeared immediately. So, a lack of professionalism, but also a sort of fatalism there is some economic leverage which works. And characteristic of the patriarchal man, which probably there are customers who can appreciate a few discount makes our journalists tell themselves, “If the man is lei. gone, why write about it, it can’t be fixed anyway?” Now, to the economic condition of the media. All From a philosophical point of view this emo- editors complain that they don’t have money. How

Mass Media in Moldova 2 June 2004 Observer

tiveness can be understood but it has no connection an hour. My reporter friend, you should have dwelt with professional journalism. on this scene, finding a picture of the beautiful woman, Besides, as this accident was reported by hearsay, finding out some details, being a little of a psycholo- inaccuracies were plenty. gist and a writer, for you can’t be a good journalist We still don’t know what exactly happened, be- without being a little bit of a writer. This is what read- cause events like this one inevitably produce myths ers are interested in, and this is what you should have begotten by the fact that every link in the chain of ver- been interested in as a reader too. How come no jour- bal recounting adds his or her part of the story. Maybe nalist had a hunch about a good story that could come what the doctor, whom I met, said wasn’t very accu- out of this event? And how many more events of this rate, especially given the fact that he dealt with the kind are there? How many major events and cases are victims from the other vehicle, not the one in which crammed into small news stories in a corner of the Grigoriu was. But he was still closer to the source than page and how many worthless political shows take the journalists, who either researched by phone or used up entire pages! Why are we surprised then that our information from news agencies. newspapers are not read? In this respect, how can we According to the doctor, the actor was not in the not “get emotional” at this weakness of our publica- back seat, as our newspapers wrote later; he was ac- tions for running entire pages of praise written by read- tually driving the vehicle. The Volga whose driver he ers. Can you imagine Financial Times running some- was and which was not moving, was hit straight on thing like, “Dear FT, our entire family and our entire by the other vehicle. The accident happened because village reads you. You are the best!” of the high speed of the vehicle and the ice covering The papers didn’t write anything about the fact that the road; newspapers didn’t say almost anything Grigoriu died instantly and was trapped in the metal about this. Besides, in Grigoriu’s Volga there was an- either, and also that it took special equipment to re- other person who died and about whom journalists lease his body. Only a few words were published said that he was the driver. They should have ex- about his surviving family. Who did the man leave plained who the person was, his relation to Grigoriu, behind? but this information was never published. I couldn’t I know, you will say that our papers are poor, they find even the name of the man. A picture of the car don’t have money to send someone to the place of the would also help, as would some information about accident, that journalists receive very little pay and Grigoriu’s Volga—for how long he had had it, etc. have no incentive to be good. One other “excuse” could One should not have ignored also the information be the fact that the accident took place on Saturday on the passengers in the other car, who had been four morning, and that’s a day off for our journalists. Even as far as I know, two of whom died immediately. The in these circumstances I am sure one could have writ- doctor told me about a disturbing scene in this respect. ten better and more professionally about this accident. A man, the relative of one of the victims who was a I have to disagree with what the editor told me at beautiful young woman of 24, implored the doctor to the beginning of this article, i.e. no matter how good save the girl’s life trying to give to him a 100-dollar the story about Grigoriu’s death had been, it would note, even though the woman had been dead for half have passed unnoticed anyway. I cannot agree with this.

Constantin CHEIANU

analytical bulletin 3 June 2004 The Media and the Power

The Public Television in Chisinau: A “Watchdog” In the Service of the Power

In a world of media spectacle, in which our broad- society’s watchdog, thus making it bite the one whom casting certainly has a part, the censorship at the na- it is supposed to protect. It is not by accident that more tional TV of Moldova represents a major destabilizing than a decade after the collapse of the USSR, the factor. It is not by accident that the way this TV chan- Teleradio Moldova Company has turned into an in- nel operates has become the object of special interna- strument of misinformation and intoxication never tional monitoring. The , as well as before seen in Europe. After the declaration of inde- other pan-European bodies are watching closely the pendence, the broadcast media in Moldova saw a rela- situation at the Moldovan public radio and TV. And tively rapid but chaotic growth. However, the trend this is not because here are the only attempts at ma- of overdevelopment and alignment to European stand- nipulating and misinforming on the continent. Unfor- ards has lost momentum, and was replaced shortly tunately, in some advanced European democracies, by inhibition, especially of the TV journalism. Al- too, the authorities exercise pressure on journalists try- though private radio and TV stations appeared, they ing to make them adopt a position favorable to the either did not have the financial power to expand, or power. In the West, they even speak of a were finally suppressed by the authorities. Thus, there “berlusconization” of the media. In other words, they has been no healthy competition that could spur the speak of attempts by some politicians, in imitation of transformation of the state radio and television into a the Italian prime-minister Silvio Berlusconi, to take modern medium. Since 1991, it is true, the state broad- over some media. This negative phenomenon, for ex- caster has in fact tried to unshackle itself. Several ample, was criticized during the last session of the months after independence had been proclaimed, it Parliamentary Assembly of the Council of Europe. actually seemed free. Back then I was deputy editor- However, in countries with truly free media censor- in-chief at TVM and I can say that although the au- ship is punctual and accidental. In other words, it pops thorities were trying sometimes to stop the broadcast- up, intermittently, only in some outlets and does not ing of some stories, the management of the News De- affect the freedom of expression and the access of citi- partment was not conforming. In early 1993 the na- zens to information. In Moldova, on the contrary, cen- tional television broadcast the documentary Per sorship is sustained and quasitotal. In other words, it aspera, and I was among its authors, along with Alexe is the result of the partisan editorial policy of some Barat and Valeriu Saharneanu. Although the film criti- outlets affiliated to the political powers, which are able cized the weakness shown by Mircea Snegur in front to completely dominate the media market. This is ex- of Russia, the director of the television, Constantin actly why the situation with the broadcast media in Partac, insisted that the film be broadcast. Gradually, Moldova is a special one. however, the national radio and television turned into a field of useless battles between parties and other Censorship, a social threat interest groups. Various so-called democratic politi- cal factions fought fiercely in order to take control over the main radio and TV channel of the country. In these In the absence of a robust system of competition, circumstances, the obedience of a considerable part which in developed European countries stops the of radio and TV journalists to the authorities, inocu- negative effects of political interference into public lated back in the Evil Empire’s time, erased all demo- broadcasting, the censorship at Moldova’s national cratic reforms. Moreover, the blind submission to the broadcaster, controlled by the Voronin regime, has de- masters of the moment has become stronger. It is this generated into a true social threat. In the circumstances fact that paved the way for political partisanship at when the majority of radio listeners and TV viewers the national radio and TV stations. have no alternative sources of information, the public Things became even more complicated after the broadcaster has become a tool for an abusive distor- Communist party came to power. The Voronin regime tion of reality and manipulation of the public opinion, obstructed, blackmailed or even repressed the foreign which creates frustration and uncertainty in society. and local investors who tried to start independent ra- The political power, speaking metaphorically, cas- dio and TV stations. Thus, three years ago the trates the

Mass Media in Moldova 4 June 2004 The Media and the Power

communist authorities forced the authors of the project corrupt; the civil society for “binging up” on foreign Stil TV to give up their idea of creating a strong pri- grants; intellectuals for being Romanophile and vate TV company. At the same time, for three years Russophobe; independent trade unions for being de- now Radio Vocea Basarabiei, which has the techni- structive; anticommunist protests for being illegal, etc. cal, financial and editorial capacity to grow from a Besides, when the Communist Party took over politi- regional to a national channel has been prevented by cal power, investigative journalism was banned at the communists from expanding. Teleradio-Moldova Company. Almost all live shows By subordinating to itself the Broadcasting Coor- were taken out of the programming. An issue of the dinating Council too, the governing party checks all interactive show “Good evening” hosted by Mircea radio and TV stations that managed to start operat- Surdu was not broadcast, although it was supposed ing before Voronin and his supporters won the par- to feature representatives from the Council of Europe liamentary elections in 2001. Today they are pres- and OSCE mission in Moldova. It is no surprise that sured, openly or covertly, to obey. This is why, per- given this editorial policy, TV Moldova 1 failed to haps, ORT Moldova or ProTV Chisinau try to avoid cover even the strike of its own journalists who pro- heated political debates or stories that could criticize tested against censorship at TV. Not to speak about the government. At the same time, the municipal ra- the anticommunist protests of 2002, organized by the dio and TV stations, after being for years threatened Christian Democratic Popular Party (PPCD). Although and terrorized with closure, are now obliged by the the protests went on for almost five months, they were authorities to shrink their broadcast area considerably. ignored by TV Moldova 1. Only towards the end of The owners of cable operations, for example, are the protests a brief, inaccurate and biased news item forced not to include in their packages the municipal was broadcast. In February 2002, the management of Euro TV. In these circumstances, the private broad- Teleradio-Moldova Company forbade the broadcast- casting fails to become a real competitor to the state ing of any news about the fire at the House of the Ro- radio and television, which claims to have become manian Language. In April 2002, a news item about public. Therefore, and TV Moldova, the opening of a museum to the victims of bolshevism in spite of their poor quality, are able to dominate the was censored. The parts in TV reports referring to the broadcasting market. This happens because they have Romanian Ambassador in Chisinau were censored. the privilege of being practically monopolies set by The opposition did not have access to television for the government against everyone who does not agree three years. Even the names of some parties, such as with the official policies. Our Moldova and PPCD, could be mentioned only in negative contexts. When the program “The Opposi- A channel of mass manipulation tion Hour” did appear, it was conceived in such a manner as to denigrate the adversaries of the commu- The manipulation and misinformation techniques nists. The hosts behaved pitifully. They were forced the officials use at the national broadcaster are most to become advocates of the power and attack violently often not very sophisticated. On the contrary. They are the participants in the program each time they criti- as simple as a baseball bat strike on the head of an cized official policies. undesirable journalist. First, the Voronin regime has The phenomenon of manipulation of the public managed to make taboo some terms, events and top- opinion is not something new. This is a diversion that ics. Here are just some of them: the words “Romanian” has become extremely dangerous in this era of infor- and “Romanian language”. The Metropolitan Church mation. No surprise there. Due to radio, television, and of Bessarabia. Stalinist deportations and, generally, online technologies the globe has become a sort of elec- any criticism of the Soviet period. Criticism of the cur- tronic village. Rumors and lies broadcast by modern rent government and communism in general. Criticism communication channels have an immediate impact of federalization. Criticism of the official policies of on the audience. The only antidote against this Russia. Criticism of primitive . Inde- dumbing of information consumers is the freedom of pendence of justice. Liquidation of counties and of lo- expression and the media. Although, formally, cal autonomy, etc. Also, some main targets were set Moldova too is a democratic state, we don’t have a for TV and radio propaganda: the democratic oppo- vaccine against censorship and misinformation. It has sition for being allegedly extremist; unionism for be- been annihilated by the allegedly public television. It ing allegedly antipatriotic and “fascist”; previous has managed in recent years to raise the manipula- governments for allegedly being tion of public opinion to unprecedented heights in a coun-

analytical bulletin 5 June 2004 The Media and the Power

try that is planning to join the European structures. By used intoxication either to prepare the public opinion creating of fake stars and events, through censorship, for major blows, or to compromise initiatives pro- misinformation, intoxication and persuasion a dis- posed by the opposition. It was used mainly by the tortion of information has obtained, which creates in “Evening News” in order to advocate for the intro- viewers and listeners feelings of unconditional sub- duction of the compulsory course of Russian language mission to political power. in the second grade at school, to accuse a Romanian diplomat of espionage, to blackmail the leaders of anticommunist protests, to threaten the participants Persuasion, misinformation, in antigovernmental protests, etc. Finally, manipula- intoxication tion is the fourth form of truncating information and distorting reality. In this case, we have to do with a Let’s try and classify now the main forms of dis- special form of persuasion which is based on nega- tortion of truth practiced by TV Moldova 1. The first tive intentionality. It was used frequently by one is, certainly, persuasion. This is not the most popu- Constantin Staris to show, for example, that federali- lar, but it is the subtlest method of distorting reality. zation is the only acceptable solution of the This is why not everyone could use it. As it does not Transnistrian conflict. contain negative intentionality and speaks only of The TV screen possesses manipulative powers, good things, it is used to sing hymns to president which become stronger when they abuse the credibil- Voronin. The advantage of persuasion is that, being ity of the image. What people see with their eyes cre- based on the journalist’s power of argumentation, it ates the impression that it is true. The audio message creates an illusion of verity. This method was used by should not be neglected either. People say, it is true Constantin Staris in his show “Rezonans” in order to because I’ve heard it. From this point of view, the situ- polish the image of the communist president. As a re- ation in the so-called public broadcaster of Moldova sult, a self-willed, hysterical and blunt leader started is not only a problem of the journalists working there to be seen by some as a wise and balanced one. The and of radio listeners and TV viewers. The censorship second form is misinformation by a direct and brutal of information and distortion of reality deprives citi- suppression of reality. This form, unlike the first one, zens of their right to know and, thus, make informed needs not subtlety but rather guts and a violent lan- choices. And, hence, to have a good government and a guage, as well as the capacity to lie with a straight decent life. Therefore, a non-free press is a dangerous face. Ion Gonta used it extensively in order to throw vice. And vice-versa. A free press is an indispensable mud at the opposition. The third one is intoxication democratic value. This is why the release of the na- by filling the communication channel with insinuations tional radio and TV from the chains of censorship must and provocations of all sorts. The aim of this is to mis- become a major preoccupation of the opposition and lead opinion leaders in order to make them take im- the civil society. For it is the first duty of all demo- pulsive and inaccurate decisions. TV Moldova 1 cratic elements of a society that wants to be open to protect democratic values, isn’t it?

Petru BOGATU

Mass Media in Moldova 6 June 2004 Media and Culture

Culture and Kitsch on the Radio

In order to start our argument properly, let’s agree Audience research also shows problems with the on the antinomic notions from the heading. Still, de- availability of certain stations. For example, if some- fining culture here (in a concise way) would mean slip- one living in a reinforced-concrete apartment block ping down the kitsch slope from the very start. I didn’t would like to listen to Radio Bucharest or Radio Iasi, refer to dictionaries, as they suggest generic terms cast they couldn’t do it because these stations are almost in stone; I will rather cite Professor Marius Jucan, who impossible to receive in apartment blocks. It is the wrote in his “Introduction Into the Theory of Cultural better transmitters rather than the political or cultural Models: “Culture is born out of the human praxis … it preferences of a station that make our listener bend ought to be understood as a living entity, as a funda- their ear to Ekho Moskvy, for instance, which can be mental feature, which makes the society in which peo- heard quite well. ple live consciously human”. The language of broadcasting (its quality—pronun- There are enough definitions for the second part of ciation, color, word choice) is an essential cultural (and the antinomy too, which compete with the source culturalizing) factor, which is paramount for any ra- model: kitsch (Germ.): art ersatz (ersatz = “substitute” dio format, even for the most simplified one. A trained in German). In his book The Psychology of Kitsch ear (what the hearing misses the subconscious catches) (Meridiane, 1980), Abraham Moles writes: “The word can identify immediately the station heard when the ‘kitsch’ appeared in Munich in 1860; ‘kitschen’ means dial moves up and down. But we should not dwell for doing something superficially, while ‘verkitschen’ too long in the area of reflexes, which can be manipu- means to degrade, to distort, to trick, i.e. sell to some- lated—sometimes skillfully, sometimes grossly—by one something else than he/she asks”. The fronts of radio makers. Let’s visit what’s in everyone’s sight— the buildings in Moldovan towns were, during their sorry, what’s in everyone’s hearing—following the time of construction, kitsch elements; today they re- scale from simple to more complex. mind, emblematically, of the claim to ennoblement Except for two stations—Radio Moldova and shown by the newly embourgeoisied. Here is an ex- Antena C—no other station has culture shows (nor any ample applicable to our case. The recordings by Maria other programs, on any topic, limiting their choice to Iliut, a singer of authentic Romanian folklore, are ex- music and news only), if we are to count out interac- amples of unaltered traditional culture. The attempt tive programs and music dedications. This is their to perpetuate tradition when dozens of amateur and format: news, music, advertising (the raison d’etre of children’s folk bands try to sing the same songs should FM!). Let’s see what exactly they broadcast, looking be essentially welcomed, although this uncontrolled at short segments (indeed short, for you can lose all multiplication is kitsch. The songs were gathered in a patience before you can find a Romanian-language very particular folk area (Crasna Bucovinei), and when station in the ocean of Russian voices, and finally you they are multiplied from the north to the south of give up looking settling for what’s heard best). Moldova, with a reproduction of the slightest inflec- Russkoe Radio told me they broadcast four night hours tions and regionalisms, these pearls of the of local music. Maybe, I didn’t check. Also, Saturdays Carpathians become a banalized serialization of folk- lore, flat copies. Radio and TV become in this case a and Sundays they broadcast one hour of local music. source, while for Maria Iliut the source was her native Besides, every hour, five minutes are set apart for “Top village. In a foreseeable future, it might happen that Moldova”. the recordings of these epigones could become sources KISS FM broadcasts on the frequency of the former themselves. Radio Contact. KISS FM is part of an international Having now readied the tools, let’s cut into the network; it is an entertainment station preferred by the topic, but not before clarifying that we will refer to the above-average Romanian-speaking listener. Out of 24 stations I could receive with the equipment I have. So, hours of broadcasting six are hosted in Chisinau, the what do radio menus have to offer to a seeker of mu- rest in Bucharest. Save for the newscasts, KISS FM has sic? Depending on the quality of the receiving device, only interactive shows targeting youth. Half of the the location of the building (valley, hill), and even on Chisinau broadcasts are dedications hosted by Nicu the materials of which it is built (concrete, stone, clay), Timofte. Every week KISS FM Bucharest revises its the offer can range from Radio China to Radio Israel. choice of music and broadcasts only hits.

analytical bulletin 7 June 2004 Media and Culture

Evropa Plius, a station from St. Petersburg, does Western and Russian rock and pop (quality music, the the same in terms of editorial policy, save for the fact producers say, not “the pop” which they define as the that it also broadcasts news, including\in Romanian. lowest of the low commercial music); they also play Just like KISS FM it has a good reputation as a serious Romanian music of the Holograf, Taxi, Stefan Banica station, playing new and quality Western music. Per- type. A slot produced in Moscow, Classical Moments, haps we should dwell here on what we understand has an educational aim: a brief piece of information by “quality music”, as commercial music, too, can be from the biography of a classical composer is pre- of good quality although it is part of mass culture. It sented, and the listeners have to guess who the com- could, at the same time, be quite flimsy, of a doubtful poser is having heard also a fragment from his work. taste but strongly promoted and therefore intoned by Radio 7 (Na 7 Kholmakh) broadcasts from Chisinau many listeners. Here we have to do with the value 8 hours out of 24, the rest being relayed from Russia. standard controlled by artists, producers, media, and This station has a project called “Made in Moldova”, listeners on the other end. Here we see the difference where they make live concerts of Moldovan bands between high (elite) culture and popular culture. Cul- broadcast right from the station’s studio. The produc- tural scientists find an increasingly stronger speciali- ers are trying to promote live local music. zation of high culture and a trend towards homogeni- The Little Samaritan—the name says it all—gives zation of popular culture dominated by accessibility to music about 60% of its airtime. The genres break and entertainment. down as follows: classical music—25%, instrumen- Kitsch is a cultural form predigested for the “peo- tal music—15%, contemporary Christian music— ple”; it is a kind of mass culture whose global success 50%. Concerning the language of the programs, all of essay writer Boris Paramonov (from Radio Free Eu- them being on religious topics, the break-down is as rope-Russian, which for me is a station offering model follows: 70% in Romanian, 10% in English, 15% in cultural programs) explains by its focus on eternal, Russian, 5% in other languages. There are also com- archetypal values. And since everybody loves, suffers ments on classical music, made by Ovidiu Hritcu. from love, feels getting older and losing control, quar- Perhaps it is due to the station’s clear editorial policy rels with the loved ones, etc., etc., isn’t it the same thing that it managed to convert to religion many people in if we listen to Britney Spears lamenting over unre- a short period of time. quited love or if we sympathize with Violeta from In stark contrast to the oasis of celestial detach- Traviata? ment cultivated by The Little Samaritan, there is an- Avtoradio broadcasts 35% of local programming, other, marginal zone built with patience and, para- exclusively in Russian, and the rest is relayed from doxically, credibility (we should remember here Moscow; the audience (ages 25-50) is mainly com- Paramonov’s idea) by those from Shanson Vzrosloe posed of drivers, according to the producers. The only Radio. Everything, from the title of a program of mu- program playing local music is on Fridays, between sic dedications—KPZ (Russian for ‘preventive deten- 1 and 2 p.m.. This program has featured Ion Suruceanu, tion room”)—to the flood of words from the Russian Maria Biesu, Mihai Munteanu, Margareta Ivanus, prison vocabulary, closes you in a suffocating circle Georgeta Voinovan, Vitalie Dani, Angela Socolov, etc. of barbed wire. The urban language of the “composi- A veteran of Romanian-language FM in Chisinau tions” (this is how the host Svetlana Sergheevna, is Radio Nova, which is the choice radio for the more owner of a chronically hoarse voice, calls the songs or less balanced listener (but not very knowledgeable from criminal folklore), the fates of their military he- one), who is somewhere in the middle of the audience roes, and themes from the world of crime outline a spectrum. This listener allows himself to be led by the bleak paradigm of the immortal GULAG. The produc- confident hand and trained taste of a good radio pro- ers of the station Shanson claim that the origin of their ducer, Andrei Corbu, who knows how to combine the idea is in the French chançonette, although they base well compartmentalized Western music with Roma- their choice on names of Russian music—Bulat nian “listening” music. The morning waves are raised Okudjava, Vladimir Vysotsky, Alexandr Rozenbaum, by host Victor Nichitus, who always has a large audi- etc. ence and who feels on the radio like fish in water. A With the largest national coverage (reaching even one-man radio station. beyond Moldova’s borders), Radio Moldova gives to Serebryannyi dozhd is rebroadcast from Moscow culture about 5.5 hours out of 18 hours of air time (6.00- to Chisinau between 10 a.m. and 10 p.m. in the form 24.00) from Monday to Friday, plus one hour on Sun- of news and music dedications. The bent is for ‘50s- day. This includes music programs, entertainment, a ‘70s daily literary program, a weekly program on socio-

Mass Media in Moldova 8 June 2004 Media and Culture

cultural issues. On the whole, one can notice a balance posite. Since the communists won the elections, a to- in the dosage of various genres of music played on tal overhaul has started at Radio Moldova under one the national radio. There is a review of the music life single buzzword: the legitimation of Moldovenism as five times per week. Before 1991, additions to the stock a new foundation for Moldova’s statehood. While the of music used to be made in a centralized way by Mos- Western intellectual society is older than the state, and cow, with the aim of promoting Soviet and universal the state in the West serves society, Radio Moldova values. This is why to the present day famous non- encourages and promotes a different type of intellec- Russian operas are played in Russian. Before the sec- tual, through whom the official culture openly pro- ond national channel (Luceafarul) was closed down motes its narrow political-cultural policy. Thus, the in June 2003, this music was played quite frequently. grudgy and exclusivist literary criticism and the re- The last acquisitions to the stock of music were made turn to Stalinist historiography are linked at Radio in 1992-1996, mostly through the European Radio Moldova mainly to two names—Mazilu and Union. In 1992, the national radio acquired 12 operas Matievschi. The local literature is reflected sporadi- recorded at the Metropolitan Opera. Outside of this, cally and in fragments. Programs about world litera- the stock is completed only with recordings of the na- ture are constantly accompanied by warnings such as tional radio orchestra and donations from local sing- this one: “The land of the intellect. The producers are ers. warning you: this program requires an intellectual ef- The current situation, when there is only one na- fort”. Radio drama unearths old plays, recorded some tional channel, restricts these opportunities consider- 20-40 years ago (or even more), promoting the lisping ably. The playing time of such music was reduced to speeches of “masters” bred in Tiraspol. 15-20 minutes, which no longer has the educational Antena C airs the largest amount of new local mu- influence of Luceafarul. The music is accompanied by sic; this can be explained by the generous night air- texts read out by the two regular presenters of the sta- time. Concerning its quality—especially the quality of tion, with their voices tired of agricultural news, while the texts—one should speak separately about it. in the case of the female voice, it imitates with coquet- Antena C also plays quality folk music, from the ‘30s tishness a commentator inspired by her own clever- and ‘40s (Maria Tanase, Zavaidoc, Grigoras Dinicu, ness, speaking with affectation but understanding lit- etc.). The station has a specialized program, “Etnos”, tle of what she reads. Radio Moldova has no program hosted knowledgeably by the singer Maria Mocanu. for the education of a taste for classical music. A su- Conceived concisely and elegantly, the section “A perb program used to be produced until recently by Poem a Day” recites classical and contemporary Ro- composer Ghenadie Ciobanu. In 2003 he hosted 23 manian poetry (recordings from the Golden Fund of programs of “practical musicology”. He did this with- the Romanian Radio and TV). There we can hear the out descending down to the level of the street but also voices of Blaga, Arghezi, Sadoveanu, Voiculescu, without falling into academism; Mr. Ciobanu proved Bogza, Sorescu, Toparceanu, Cazimir. Antena C has once again that it is possible to find the right voice for the privilege of having Emilia Ghetu, a known name a professional but at the same time accessible discus- in Moldova’s cultural radio and TV. She hosts, with- sion of good music. An interesting program—a sort out ideological interference, two weekly programs— of cultural esotericism—is hosted by Rodica “The Life of Books” and “Pro Arte”. Matcovschi. “Culture as Necessity” is a program produced by Concerning the presence of other arts on Radio high-school student Alexandru Cozmescu, who is Moldova—history, literature, theater, plastic arts— winner of the National Philosophy Contest, and who, perhaps only the latter managed to escape the inter- indeed, feels culture as a necessity and who acknowl- ference of politics. But this area has nonprofessional edges that he can’t live a day without reading 200 commentators. This observation is confirmed—be- pages. When I asked him what audience he makes his sides the negative reactions coming from outside Ra- program for, he said: “If you don’t meet the expecta- dio Moldova regarding its cultural policy—by a re- tions of at least one part of the audience, then the pro- cent monitoring conducted by the German section of gram has no point; however, if you cover all the needs Reporters Sans Frontieres, whose spokesperson, of all the listeners, then the show is no longer yours as Dietrich Schlegel said during his visit to Chisinau that an author, and so why make it?” “one can’t conceive of this situation when the authori- ties occupy this radio station, while it is supposed to reflect a clear image of the population and all its so- Rodica MAHU cial groups”. The situation is in fact exactly the op-

analytical bulletin 9 June 2004 Media and Culture

The Troubles of Culture Journalism

Culture journalism has gone through considerable The transition and democratization period in our changes in recent decades. The media too have gone society has been fatal for culture. With no money from through unbelievable mutations since the Soviet times. the state, many media reduced their activity or On the one hand, the state has lost control over the dropped out of the cultural circuit, and stopped pro- media, except for the governmental ones. On the other ducing cultural-artistic values. I mean here libraries, hand, a spectacular event can be observed, which is especially village libraries, cinemas, etc. In villages linked to the state’s distancing from the media. It hap- and in some small towns the younger generation no pened when the Parliament of Moldova passed a de- longer watches movies, or theater plays, doesn’t par- cision on the introduction of self-funding for a number ticipate in book launches, meetings with the authors of publications, mainly culture ones, and the Minis- of those books. Local films are almost not produced try of Finances stopped funding them. A number of at all. The Telefilm-Chisinau studio stopped all activ- publications, such as Literatura si arta, Basarabia, ity, while Moldova-Film hardly produces anything. Lanterna magica, Sud-Est, Femeia Moldovei, Moldova, A few independent studios appeared, one of which, etc. found themselves without subsidies and without OWH TV Studio, became known through Cronograf, a future. Only some of them managed to survive the the international festival of documentary films it or- economic disaster, which was well-planned by the ganizes. besides, the theaters, headed by a new gen- government to hamper the democratic process in our eration of directors, actors and playwrights, have transition society and in the field of culture too. “You shown a benefic renewal of expression and orienta- wanted freedom of expression, there you go, but now tion to the European culture. Not to speak about paint- you will have to pay for it, not the state”, this is what ers, the reanimation of the museum of Fine Arts, nu- basically happened in 1995. In essence, the intention merous exhibitions at the Brancusi Center, the new of this action was to mutilate the culture press and generation of singers and composers. Is this a natural reduce the production and circulation of culture in- process or just some chaotic explosion? What was the formation in the country. role of the media in the production and circulation of The culture press was largely replaced by cheap culture information? This is a complex topic to be in- products, the majority of which were brought in from vestigated by a chorus of disciplines, from art history Russia: Chastnyi detektiv, SpeedInfo, Semya, Karavan, and theory, social psychology, communications and etc. Trud and Komsomolskaia pravda were revived, and all the way to the mass media. In the absence of seri- now they publish supplements in Moldova. Today ous research that could be referred to by journalists kiosks are flooded by luxury magazines brought from writing about culture, what we have is legends, sup- Russia but whose titles are in the Roman alphabet, such as Elle, Cosmopolitan, Premiere, etc. and the con- positions, suspicions, allegations addressed to crit- tent is in Russian. To be fair, magazines published in ics. This is what I read in an article, “Theaterscape”, Romania also appeared on our market: Story, Ioana, by Cristina Porcesco: “I could never understand why Acasa, etc. However, there are no arts and culture pub- theaters are so forlorn. Reviewers pay to them only lications, whether from Russia or Romania or any little attention, local authorities give them practically other country. Those that do reach us (Teatrul azi, no support, while the actors who work there feel small Iskusstvo kino, Teatr, etc.) are of a high standing, both and insignificant” (Moldova suverana, 27 April 2004). graphically and contentwise, as well as in terms of The cultural life is reflected somewhat chaotically the diversity of analytical, theoretical articles and re- and in relation to shocking events that would be of views, interviews with known personalities, etc. special interest. Timpul (28 May 2004) published in In Moldova the culture media are represented by the section “Cultural reviews” several pieces, of which Literatura si arta, Contrafort, Viata Basarabiei, Sud-Est I would like to mention two, referring to local art: cultural, Basarabia, Lanterna magica (Web version). “Sandu Vasilache discloses to us ‘The Mystery of the Except for Literatura si arta and Contrafort, which come Young Ladies School’” (about the cinema debut of the out regularly and have a stable readership, others known theater director and actor) and “Moldovan appear sporadically in small print runs and do not Painters Exhibiting in Cricova”. Although the inter- have a body of permanent readers, are not spread as national biennial theater festival “Eugen Ionesco”, widely as they used to be. A natural process dedicated this year to Chekhov, had just finished, stopped—the interaction author-medium-reader. Timpul paid no attention to this artistic event, giving

Mass Media in Moldova 10 June 2004 Media and Culture

preference to Alexandru Grecu at the expense of Petru radio asked me to help her find information about the Vutcarau, the director of the festival. Which doesn’t actress Maria Sagaidac, who was once very well mean that the Cronos Club session with the artistic known but today is forgotten. Director Titus Jucov once director of the Satiricus Theater, which discussed the said: The students who come today to the Arts Acad- current situation in Moldovan theater, was not wel- emy to study acting don’t know the history of theater, come. But readers learned nothing about the events of have no idea about our actors, directors, painters and the day or about other artistic personalities present at composers. However strange it may seem, but even the festival. Such stories containing a note of challenge names such as Eugen Doga are today unknown among and criticism balance between communication and young people, not to speak of such names as Maria information and are in fact media provocations, giv- Codreanu and Sofia Rotaru. Britney Spears, yes! ing preference to personal relations and being clearly Thalia, yes! oriented to the consumer rather than culture. To be sure, there is an explanation for this phenom- If our readers wanted to be up to date with cul- enon, which all transition cultures are experiencing. tural life, with its top as well as current events, they Our society is going through an extremely difficult should subscribe to all the publications of Moldova, period, linked to a change of mentality, the weaning and they would still not manage to figure out what’s from an authoritarian social system. The cultural prod- happening in the culture space of our country. Why? I ucts on the market interact with the living space, with will try to answer this question below, making refer- the universe that is being built by all “actors”, includ- ence to national periodicals, especially to daily and ing the media. The culture information, sold through weekly ones. newspapers, magazines must be interesting, must The recent emergence of high-circulation publica- draw one’s attention, produce shock. The conse- tions, such as Saptamana, Flux, Tineretul Moldovei, quences are there. They produce huge changes both in Democratia, Timpul, Jurnal de Chisinau, Accente, etc. has the life of human communities as well as in the lives created new opportunities for a reflection of cultural of individuals. The massive cultural information that life. We expect an expansion of the information space, comes from the West sometimes pushes aside the lo- a diversification of culture writing. The first issues of cal stars, not to speak about the ones from the past! Saptamana, for instance, or Flux, were truly shocking. This is why stories about an actor who was famous in The format and layout were somewhat different, the the ‘60s or ‘70s are very rare. thematic sections and pages were about stars, reci- In the May 21 issue of Timpul I read an essay, called pes, clothing, cosmetics, love mail, children’s parlia- “The Juliet of Our Times”, by Nicolae Roibu, which ment, crosswords, information, comments, political contained fragments from the biography of the theater and economic life, not to speak about the geographi- actress Dina Cocea. The essay was published on the cal coverage, styles of the authors, which were much occasion of the 60th anniversary from the birth of this more relaxed and free than in the “experienced” pub- remarkable actress. Although the author did not lications. Finally, we could read about American, analyze her roles, and probably had not read other French, British actors, about foreign singers, about stories and reviews from the period of glory of this films, awards, we could learn about their lives, read actress, and certainly had not seen the plays Ciocarlia about various funny situations, we could see their or Pippi Longstocking, which were the peak if Cocea’s faces. We didn’t even realize how all of a sudden the work, it is remarkable that Timpul did not overlook media were invaded by stories wanted by the readers this event. If I were to refer to the general feel of news- and which sold well. This came as a counterweight to papers, then I could say that 25.1% of the readers aged the party press with its stiff, heavy, narrow stories. 45 and more (Mass Media, February 2004, p.35) who On closer analysis one could see that in the logic had the opportunity to see Dina Cocea playing in the of easily digestible information about culture there is ‘70s and ‘80s read that essay with great interest. a confusion of genres and, which is even sadder, the Such articles are rare in our press and are pub- national culture is easily forgotten, especially if it has lished only on special occasions. The same is true its roots in the Soviet past. But it was in this period about a story in the weekly Literatura si arta (27 May that theaters, the cinema and the film distribution sys- 2004) titled “Valeriu Cupcea, for ever in our hearts” tem, as well as libraries, museums were established. by Steliana Grama, who is a young poetess and theater Very little was written about Soviet-time actors and reviewer. She was impressed by the flood of memo- directors, not even about Emil Loteanu or Grigore ries about the “famous Romanian actor and director”, Grigoriu. The other day a young journalist from the which she heard from several generations of actors

analytical bulletin 11 June 2004 Media and Culture

gathered in the Valeriu Cupcea Room at the National have the National Gagauz Theater Mihail Ceakir? Theater in Chisinau in late March on the occasion of What is happening in Orhei, Ialoveni, Calarasi, the seventy-fifth anniversary from his birth. She wrote Floresti, Rezina, Comrat? We do learn, but from with a lot of feeling, basing her story on the words of sources other than the press, that they have premieres Viorica Chirca, Ninela Caranfil, Petru Baracci, Vitalie there too, they have exhibitions, folk dance festivals. Rusu, , Argentina Cupcea Josu, etc. This year, for example, the festival of French films took Where do journalists draw inspiration from when place in Balti too, not only in Chisinau. But there was they write about culture events? In most cases, from nothing in the press about it, except for Contrafort press conferences, symposia, round tables. The organ- (April 2004). A major problem of the socio-political izers usually produce press releases, agendas, fliers. press is a lack of authors trained in culture journal- Especially when the theater season opens, some news- ism. Publications having authors specializing in this papers “compete” in reproducing the information they genre have a richer cultural life, and a wider range of hear at press conferences. Some of it is really bizarre genres: interviews, reviews, analyses (e.g. Jurnal de and inaccurate. In such cases, which are quite frequent, Chisinau). Jurnal de Chisinau also had the idea to pub- what happens is a “generalized intertextualization” lish an art inset edited by critic Constantin Cheianu. (Daniela Roventa Frumusani, Jurnalism&Comunicare, This inset stopped appearing some time ago, which no. 1, 2003, p.3), when the media send a message pre- is regrettable. When it did appear its problem was that pared beforehand and popular with readers, which it relied on a single author (with rare exceptions). emphasizes communication per se rather than infor- The new group of young journalists has somehow mation. eliminated the more experienced journalists, who had The latest cultural event was the International Bi- a certain specialization and deeper knowledge in cer- ennial Theater Festival Eugen Ionesco, “Planet tain areas. Their opinion is asked only on the occa- Chekhov”, in its 6th edition (21-28 May 2004). Of all sion of special events, such as festivals and sympo- the publications only Flux covered the festival. Jurnal sia, but otherwise they are marginalized and forgot- de Chisinau published a review of the festival only in ten by the periodic press. June. The weekly Tineretul Moldovei didn’t write any- Where can one find connoisseurs of arts and cul- thing that week about the festival nor about any other ture? Press conferences and discussions organized by cultural event. The daily Moldova Suverana didn’t pub- the Eugen Ionesco Festival showed that they usually lish anything at all that week; only in early June it ran turned into public lectures on theater, the subtleties of a short note on the event. The weekly Literatura si arta directing or playwrighting. We could all see that such didn’t publish anything either. conferences acquired new meanings, became a school As we can see the culture press is not as interested of theater and of verbal essays about theater. This is in such events as the socio-political publications are. where theater critics can speak up. The socio-politi- The culture press focuses on memory. The media dis- cal press unfortunately is not offering them space. Edi- course discusses issues, thematic hierarchies, speaks tors often say that the texts written by theater and film today of events from the past. The current information critics are complex, very specialized and are not liked seems to be selected out. The socio-cultural publica- by the readers who prefer a more liberal style of writ- tions do devote some space to current cultural events, ing. although not always in a timely manner. On the other hand, specialists in this field are seen What the culture and socio-political media lack, as a sort of “closed cast”, people of the elite. Never- with rare exceptions, are materials from other cities theless, the press needs the presence of authors writ- and cultural centers of the country. What is happen- ing culture criticism. The cultural dialogue between ing for example in Cahul and Balti, where we have author and reader ought to have credibility and conti- two theaters? What happens in Ceadir-Lunga, where nuity. As it does in other countries. we

Larisa UNGUREANU

Mass Media in Moldova 12 June 2004 Journalism ethics

Corruption In the Media of Moldova

While the media in Moldova say every day that accompanied by scandals. The NIT TV channel, which corruption has penetrated into all the nooks and cran- is controlled by a business group close to the ruling nies of society and the state, it would be very arrogant communist party, is a “semi-official” channel. Chan- and dishonest on the part of journalists to say that this nels TVR1, ORT and PRO TV are rebroadcast from vice has not touched them. other countries and have only short local news inserts. Some journalists like being corrupt, others are The few newspapers which can be called conven- deeply disgusted by this. Some believe there is noth- tionally non-state and non-party, can hardly survive ing wrong with making money any way one can, oth- and sometimes are also forced to cross the line sepa- ers have to play by the rules set not by themselves and rating true journalism from its surrogates. which they wish they could do away with as soon as The journalists of all media in Moldova are under possible. constant pressure from all sides, especially from the This background against which Moldovan media economic one. This phenomenon is known to many operate is corrupting by itself. Just like Moldovan civil countries of the region; however, in Moldova, where servants and policemen, business people and work- there are no real foreign investments in the media busi- ers, the Moldovan journalists are also very poor. They ness, it has acquired exaggerated proportions. work under circumstances of an untransparent corpo- Many media in Moldova are controlled by busi- rate system and flawed legislation. All this is fertile ness people who are closely linked to politics, or by soil for corruption. politicians-businessmen. Such TV channels and news- In Moldova there isn’t a single major media busi- papers are often used to promote the commercial and ness, including the foreign ones, that could establish political goals of their bosses or to spread negative more or less normal principles of journalism. The PR on their competitors in politics and business. Many country is dominated by the power of state and party of these media are able to survive only due to subsi- media and, besides, many non-party publications are dies from other types of business. also subject to pressures from the authorities and po- Moldova is familiar also with a phenomenon litical parties. called “independent sponsored media”. Although State media and their journalists are corrupt from sponsorship can represent more than half the budget the very start. They are absolutely dependent on the of such media, the names of the sponsors are not made government, which sees them only as a tool for blunt public, which can be regarded as “covert ownership” propaganda. The government gives to these media of such media. money, newsprint, printers. It forces all state bodies A different category of media specializes in seek- and governmental institutions to subscribe to govern- ing foreign grants, so that the journalists of such me- mental publications and advertise with them too. Pri- dia are nicknamed “Captain Grant’s children”. When vate structures close to the government are insistently the grants run out, the outlet disappears as this has “recommended” to support these media. Such a kind been its only source of life. of journalism cannot be free and objective. The power corrupts some journalists individually, The party media are not very different from the and they become “extremely close” to the authorities. state ones. Each party considers it its duty to have its Recent years have seen in Moldova the formation of a own publications and “friendly” TV and radio sta- so-called “presidential pool” of state and semi-offi- tions, which are seen first of all as tools of propaganda, cial media—TV stations, newspapers, agencies, Web promotion of the party’s image and struggle against sites—whose reporters serve exclusively the head of opponents. Such media, as the state ones, are economi- the state, having special access arrangements and ac- cally not viable. They are fully dependent on party companying him on all his trips abroad. One can’t ex- leaders and their sponsors. They also cannot repre- pect an objective distance to the power from such privi- sent a foundation of free and objective journalism. leged journalists. In Moldova there isn’t a single independent nation- Another source of media corruption is the personal wide TV channel. The process of transformation of the relations between publishers and journalists, and ad- state company Teleradio-Moldova into a public one vertisers and journalists. has been delayed without justification and is Journalists, just like professionals in other areas, seldom have contracts with their employers and some

analytical bulletin 13 June 2004 Journalism ethics

sort of social guarantees. Journalists don’t have their will in the circumstances when all the other walks of trade union, and the journalist community is divided life are deeply corrupt. However, something can be into several professional organizations. This permits done even today. publishers and those behind them to easily manipu- If at least one major European investor stepped into late journalists. the Moldovan media market, this would have a co- Advertisers are also trying to put pressure on the lossal positive effect on the situation. But such inves- media. The advertising market in Moldova is ex- tors are not coming, so Moldovan journalists have to tremely small. There are only a handful of big adver- strive for independence on their own. Improving the tisers. Their choice of media is often motivated politi- laws, closing down the state media and reducing the cally. There have been cases when orders came from number of the party media, transparency of owner- governmental offices to companies telling them to stop “supporting” a certain paper or, on the contrary, to ship, appearance of active trade organizations, intro- “support” a certain publication. duction of collective labor contracts, adoption of eth- Hidden advertising or negative PR are widely ics codes, fighting corruption among journalists, moni- spread among Moldovan media. One can’t really ex- toring—all these efforts would make Moldovan me- pect that media corruption will go away of its own dia more independent, viable, and less corrupt.

Dmitri CIUBAªENCO

Mass Media in Moldova 14 June 2004 The Letter of the Law

Bribe Taking and Journalism

A definition of “bribe” can be found in the diction- servant to any person managing a commercial, pub- ary: “Moneys or things given or promised to a person lic or other non-state organization. in order to make that person violate his/her profes- In recent years in Moldova three cases of bribe tak- sional commitments or carry them out more thor- ing, involving journalists, were uncovered. One of the oughly.” cases involved Tudor Rusu, editor-in-chief of the Faclia Although journalists have an important role to play newspaper and Grigore Teslaru, who headed the pub- in fighting corruption, as the mass media have a key lic relations section of the Tighina county directorate; part in exposing corrupt practices, there are cases L. Reabkov, freelance contributor to the Argumenty i when journalists themselves are accused of taking fakty newspaper; S. Afanasiu, the former director of bribes. the Accente newspaper and a reporter from the same This paper analyzes the extent to which journal- publication, V. Manea. The latter case was also the ism can be linked to bribe taking. Can a journalist be most publicized one. held liable for taking bribes? In the case of journal- On 9 October 2002 S. Afanasiu and V. Manea were ists, bribes are usually offered to influence the publi- arrested on a charge of taking a bribe of 1500 US dol- cation or omission of stories containing information lars from a business person in exchange for omitting damaging to certain people. Concerning the coverage an investigative story ready for publication. Manea of trials, the profession of journalism is subject to spe- was not involved in the case; he was simply there cial restrictions involving the anonymity of the defend- when Afanasiu was arrested. The two journalists ant and other information, except for cases when such maintained that they had been trapped by the police disclosures “are necessary for an objective trial of the for their investigative reporting. According to their case”.1 However, unlike the cases presented above lawyer, this case should not be regarded as a case of when the information published concerns an existing bribery, but rather as remuneration taken from a busi- court case, a person’s rights are violated to a larger ness person in exchange for information identifying a extent when there is no case started against such a person who wanted to publish information damag- person. Any publication alleging that the given per- ing to the said business person rather than for not pub- son is guilty of committing certain offences may be in lishing the information. The non-disclosure of the violation of the presumption of innocence. source is a right rather than an obligation, the more so The provisions sanctioning bribe taking are stipu- since the disclosure of such information is not crimi- lated in Chapter XVI of the Criminal Code of Moldova. nally liable but is just a violation of ethical principles According to Moldovan legislation, bribe taking en- in journalism. Given all this, the Afanasiu case may tails “a person, who is the manager of a commercial, be suspected of being an instance of abuse. Moreover, public or other non-state organization, taking a bribe procedural irregularities were committed during the in the form of money, valuables, other goods or prop- case, as was for example the seizure of the newspa- erty, accepting services or benefits to which he/she is per’s assets. The police confiscated Accente’s comput- not entitled, in order to carry out or not, delay or ac- ers and data bases, returning them only several weeks celerate the fulfillment of an action to the benefit of the later.2 Can the property of an institution be seized for person giving the bribe or the person representing the deeds of an individual? According to the criminal him/her, if such action is part of the job obligations of procedural legislation, a search can be performed only the person bribed” (art.333 CC RM no. 985-XV of 18 in order to discover the tools used to commit a crime, April 2002). By the notion of a person managing a com- goods and valuables collected as a result of a crime, mercial, public or other non-state organization one as well as other things or documents that may be rel- means a person given, permanently or temporarily, evant for a criminal case. In the Accente case the sei- in the named organization or in a subdivision thereof, zure could be justified only in the case of the alleged by appointment, election or by virtue of a task, certain materials containing the information prepared for rights and obligations with the purpose of carrying publication, but not of the equipment —this froze the out administrative functions or actions. work of the newspaper and prevented several issues According to the old criminal law the subject of the from appearing. Afanasiu was released after 15 days bribe could be only a high-ranking person, while in the of detention; he was investigated on parole. Afanasiu’s new criminal code (effective 12 June 2003) the position colleagues believe that he has been the victim of a set- occupied by the corrupt person may vary from a public up aiming at weakening Accente, famous for its

analytical bulletin 15 June 2004 The Letter of the Law

investigative stories involving high officials from the the public opinion to be informed on issues of public current administration.3 interest. This right is matched by an “obligation” on The court of Chisinau’s Center District sentenced the part of journalists to disseminate information and Afanasiu on 16 February 2004 based on art. 333 of the ideas, thus fulfilling their role “of the watchdog of Criminal Code to a fine of 20,000 lei. Besides the fine, democracy”. the journalist was prohibited from holding any pub- Obviously, the rights of a journalist cannot be un- lic position for two years. Manea, who was charged limited; however, the right to expression of a journal- with bribery along with Afanasiu, was acquitted. Ac- ist is seen by European jurisprudence lato sensu. This cording to their lawyer, Afanasiu denies the charge is because, according to the European Court for Hu- and is going to challenge the ruling in the Court of man Rights (hereinafter the Court)., “the freedom of Appeals.4 the press provides to the public opinion one of the best In a different case, Tudor Rusu, editor-in-chief of means to learn about and judge the ideas and abilities Faclia, and Grigore Teslaru were charged with extort- of political leaders. In more general terms, the free- ing 1000 US dollars from the chief of the Tax Inspec- dom of political debate represents the foundation of a tion of the Tighina county in exchange for the promise democratic society”. Hence, “the limits of admissible not to publish compromising materials concerning criticism are wider in relation to a political figure than him.5 Grigore Teslaru’s lawyer believes that the an ordinary individual; unlike the latter, the political charges brought against him were “a provocation by figure is exposed inevitably and in full awareness to some people interested in keeping from publication a strict control of his/her actions and statements both certain materials that could lead to the discovery of by journalists and the mass of the citizens. He/she 9 some crimes.”6 must, therefore, show a higher degree of tolerance”. The cases are currently under examination; the Given all of the above, one ought to recognize the fact court has not yet given a final sentence. These cases that once in government, a person should also become have been commented in various ways, some com- aware of the possibility to be criticized by opponents, ments saying that this was nothing but “a means to the public, and especially by journalists. When bribery is involved, there has to exist an in- reign in the press, which can range from political and terest of the bribed and of the bribing. The action per- economic pressure to banal bullying”.7 formed by the person taking the bribe must fall within Most of the cases may be suspected of violating his/her area of responsibility and authority. When the art. 10 of the ECHR, and therefore the Belgian senator bribe is given for actions falling outside the authority Vincent van Quickenborne, who was impressed by of the person involved, then such an offence is defined how things developed with Accente, declared that no as misconduct or deceit. journalist from European countries can be charged Bribe taking should be set apart from passive cor- with taking bribes if he/she is selling his/her intel- ruption, whose subject is a person in an official posi- 8 lectual property, because journalists are not officials. tion. Passive corruption represents an action by an But in most of the cases when journalists are involved, official of receiving or requesting money, valuables, such journalists work under certain rights and obli- other goods and property, or accepting services, privi- gations. What are these rights and obligations? Why leges or advantages to which he/she is not entitled, in is this happening to newspapers writing about high order to perform or not, or in order to delay or accel- officials? erate an action falling into his/her authority, or in or- der to undertake an action against such authority, as Uncomfortable journalists become well as to receive from authorities distinctions, posi- tions, markets or some favorable decision.10 victims of set-ups By “official” we mean a person who is given by law, appointment, election or by virtue of a task per- The difficulty of studying this area is due to the manently or temporarily in a state enterprise, institu- peculiarity of this activity. First of all, it involves the tion, organization, or one under the local public ad- right to free expression, and the public’s right to ac- ministration, or in a subdivision thereof, certain rights cess information. “The public should have the oppor- and obligations to the end of exercising the functions tunity to have balanced and impartial access to basic of a public authority or administrative actions. information regarding the mass media in order to be When offences are committed by public servants able to develop their own opinion on the value that wielding public authority the threat is much higher, can be attributed to such information, ideas and opin- since this can affect the work and the reputation of the ions disseminated by such media”; this is contained entire public service. When corruption is perpetrated in the CoE Recommendation (94)13. It is the right of

Mass Media in Moldova 16 June 2004 The Letter of the Law

by people managing certain organizations, only the the subject, e.g. the journalist, who is not a person man- authority and the work of the respective institution are aging a non-state institution, asks for money in order affected, and hence the threat is much lower.11 not to publish a certain information about another per- Bribe taking is performed only with clear intention, son, then the journalist will be liable for blackmail since the perpetrator realizes that he/she accepts il- rather than for extortion of a bribe, by virtue of the ab- licitly benefits to which he/she is not entitled, and nev- sence of the subject of the offence. The blackmail in ertheless does accept these benefits for performing acts this case will take on the form of dissemination of in- (or not performing certain acts) falling under his/her formation defamatory of the victim, which represents authority, and understands the threat that his/her ac- a threat to disseminate information that hurts (humili- tions represent for the work and authority of the pub- ates) the dignity of a person. The nature of the infor- lic service and desires the occurrence of the threaten- mation has no importance—whether it is true or false. ing consequences. When the person, by virtue of his/her authority, could In order to establish the fact of bribe taking it is have published certain information, this would not be necessary to define the actions that represent job obli- blackmail but rather bribe extortion. gations of the bribed person. According to art. 8 The term “to receive” may indicate a fact of re- para.(8) of the Press Law, “the editor (editor-in-chief) ceiving by the subject of a certain advantage to his/ of a periodic publication and the director of a news her own benefit or the benefit of a different person. In agency manage the newsroom and the editorial board this case intermediaries may be involved. of the periodic publication and the staff of the news The receipt of a fee as gratitude for a certain pro- agency, representing them in relations with the fessional behavior in somebody’s interest, when the founder (directors), publisher, authors and other indi- person in question did not expect any fees, is not an viduals and organizations, as well as in a court of offence of bribe taking since in this situation the fee law”. Hence, a problem arises concerning the classi- did not determine the professional actions of the per- fication of the action when the editor-in-chief has no son in question and hence could not be an encourage- obligation to publish a story, and the publication of a ment to the actions undertaken.12 story is decided by personal conviction and depends The term of “taking” involves the preservation, for on the agency’s policy. According to art. 16 of the Press at least a period of time, of the gift or benefit in ques- Law, “Every issue of a periodic publication and every tion; the subject who immediately returns the gift or item of a news agency can be disseminated only after benefit he/she has not solicited is not an offender. the editor (editor-in-chief), manager of the news agency The criminal sanction for bribe taking varies de- or the person having this authority endorses the print- pending on how the crime was committed—a fine from ing of the issue or dissemination of the information, in respect of the legitimate rights and interests of the au- 500 to 3000 conventional units (one conventional unit thors and founder (co-founders)”. If bribe taking did = 20 lei) or imprisonment of up to 15 years, and in not take place independently of the perpetrator’s will, both cases the offender is banned from occupying cer- the offence can be seen as having reached the phase of tain positions or engaging in certain activities for up intentionality, which will be sanctioned accordingly. to 5 years. Bribe taking is a formal offence, i.e. it occurs when When the offence is committed repeatedly, by two the subject receives remuneration, should it be even or more people, involves extortion of a bribe, in large only a part of it, and regardless of the fact whether the or extremely large amounts, or in the interest of an or- subject had the intention of fulfilling the request posed ganized criminal group the punishment will be more to him/her. If the proposed bribe was not taken, then severe since these are aggravating circumstances. the actions of the bribe giver can be qualified as at- The implicit conclusion of all this is that it is the tempt at bribery. Bribe taking can take the form of journalist who can be criminally liable—the person extortion, i.e. taking bribes before certain action is un- managing the publication, i.e. the editor-in-chief and dertaken/not undertaken; in such cases literature the manager of the agency (the latter does not have to speaks of “purchase” bribe, and taking the bribe after be a journalist). Hence if a regular journalist (e.g. a re- the action is performed—“remuneration” bribe. porter) accepts illegal proceeds together with the per- Taking bribes in the form of accepting one and giv- son managing the agency, the journalist will be liable ing bribes in the form of proposing one occurs when for complicity. The bribe includes not only moneys but the subject has given to understand that he/she wants also valuables, services, property advantages (trans- to receive a bribe. If the subject, in fact, in his/her ca- mission of material values, free use of an apartment pacity will not be able to carry out the promised ac- or other material values, illegal bonuses, delivery of tion, then he/she will be liable for defrauding. When some free services, etc.).

analytical bulletin 17 June 2004 The Letter of the Law

A benefit not related to property is not seen as a 70% of the respondents said that journalists do noth- bribe (e.g. publishing a laudatory article in the media). ing but express the interests of society. Which means Courts of law must respect strictly the requirements that the information published by the media is liked of the law on individualizing the punishment in order by its addressees and not so liked by some who find to exclude cases when too light or too heavy punish- it inconvenient. In order to show that the writers are ments are applied to bribe-related offenders.13 corrupt bribe takings are being staged in the attempt More training is needed in this area, since law en- to get rid of inconvenient journalists. forcement bodies have few specialists who know thor- In 1998 the Trade Union of Journalists from oughly this area in its criminal aspect. Slovakia was involved in six cases in which journal- ists allegedly took bribes, and more recently the Ro- manian media too have signaled an increasing number International activities on bribery of such cases. Many Romanian journalists were charged with criminal offences. Awkward stagings Corruption occurs regularly and with impunity were made against inconvenient journalists, who among journalists in the entire world. touched the image of certain personalities. In Iasi and According to a study by the Institute for Public Baia Mare three journalists were sentenced. Two em- Relations and the International Public Relations As- ployees of the Ora daily, who has the largest number sociation of the Media Transparency Program, the of libel suits, were arrested for bribe taking. One of countries which have the highest potential for corrupt them was the editor-in-chief, who was in preventive media are Bangladesh, China, Turkey, Pakistan, Saudi detention for 30 days. The Craiova prosecution main- Arabia, Vietnam. According to the study, bribe tak- tains that the journalist asked for 1000 USD not to run ing affects journalists, news sources, advertising agen- a defamatory story about a business person; this pa- cies, governments and society. While there is bribery per had announced several weeks earlier exposures on TV and radio too, most of the cases are concentrated of well known business people.14 in newspapers. Bribes are usually offered for the pub- It is worrying that we have to face such cases, when lication of stories in daily newspapers. The study journalists are arrested only for disclosing informa- shows that Finland, Denmark, New Zealand, Switzer- tion involving certain known personalities. land, Norway, Germany, Ireland and UK are spared Journalism presupposes the existence of a high such practices. Hence, the higher the level of democ- degree of trust by the public. If a journalist takes bribes racy the lower the level of corruption. this destroys the public trust in the news published. Corruption in South Africa has become “the can- In order to maintain this trust it is paramount for cer of the media”, which affects radio stations, TV, and each journalist to reach the highest standards of pro- the printed press. fessionalism. The editor-in-chief of a weekly paper in Zimbabwe There are certain specific characteristics of jour- says that “some journalists have become so corrupt nalism which contribute to the spread of corruption that it is impossible for them to be objective in their in this profession. One of the most important factors work. Some criminals easily get away by associating is the low pay that journalists receive. In order to be themselves with journalists. This is unacceptable for effective in fighting corruption, journalists must be a profession which is supposed to be ‘the eyes of the well-paid and provided with good working condi- people and the ears of society’.” Corruption in the tions so as to prevent them from turning to other media in Zimbabwe takes place in circumstances of sources of income. social chaos, poverty and political repression. Moldova is one of the countries most affected by It is already well known that the staunchest oppo- corruption. People giving bribes are also to be blamed nents of journalists are the authorities. According to for this, not only the ones taking them. the study “The media and the judiciary in Russia”, Poverty, a difficult economic situation have a nega- every fourth conflict between journalists and repre- tive effect on the efforts made to fight this phenom- sentatives of power is started by the latter. Just above enon. Progress will become more visible when the eco- nomic situation in the country improves. 1 The ethics code of the journalists of Moldova, adopted on 4 May 1999. 2 www.accente.com.md Angela MITROFAN 3 www.basa.md Basa-press 17 February 2004. 4 www.azi.md Basa-press 17 February 2004. Maria MUTU 5 APFlux, Ana Mutu, 7 June 2002. 6 Curier Media, no. 1, January 2002. 7 Curier Media, 19 October 2002. 8 Curier Media, 19 October 2002. 9 Castells v. Spain (1992) 10 Law of the Republic of Moldova 985/18.04.2002 Criminal Code, Monitorul Oficial 128-129/1012, 13.09.2002, art.324. 11 V.Gurin, V.Pascaru, S.Ilie, M.Jalencu, L.Carasciuc, A. Rusu, I.Gumenai, V.Paslariuc, L.Negura “Corruption” 2000. 12 I. Turcanu, “Interpreting signs of the objective side of the offence of bribe taking” // Scientific annals 13 Ibid. 14 “timpolis serving the law” no.556 (August 15-18, 1999).

Mass Media in Moldova 18 June 2004 The Letter of the Law

Law Suits Against Mass Media in 1998-2003

The situation concerning freedom of expression 15 days from the date when the court decision becomes in Moldova continues to trigger many discussions. In- effective. creasingly more law suits are started against the me- When a document issued by an organization con- dia. Most often they concern freedom of expression, tains information harmful to the honor, dignity or pro- and plaintiffs claim compensations that are too large. fessional reputation, the court mandates a replacement Art.16 of the Civil Code provides for the “protec- of the document.1 In other cases, the court defines how tion of honor, dignity and professional reputation”; the information damaging the honor, dignity and pro- this is the article used to start law suits against jour- fessional reputation is to be retracted. Also, a new nalists and media outlets. Thus, “damage to honor and provision was included in art.16, paragraph (7), “the dignity” is ascertained when false and damaging in- right of the person whose rights and personal inter- ests, protected by law, have been damaged by the pub- formation is disseminated about a person. The per- lications of a mass medium, to publish a reply in the son complaining in court (the plaintiff—alleged vic- same mass medium at its expense”.2 tim) has to prove the fact of dissemination, while the When it is impossible to identify the person who person who has disseminated the information (the de- has disseminated the information damaging the honor, fendant—alleged offender) has to prove the verity of dignity and professional reputation of another person, the information. the latter has the right to go to court with a request to The liability in such a case may take the form of a the court to declare such information not truthful. retraction, publication of a reply, compensation for In order to estimate the number of law suits involv- moral and material damages. If the information dam- ing freedom of expression examined by courts between aging the honor, dignity and professional reputation 1998-2003, the Independent Journalism Center carried is disseminated via a mass medium, the court can out research on this issue. A total of 235 cases have mandate it to publish a retraction in the same section, been identified, involving law suits regarding dam- page, in the same program or series of programs ages to honor, dignity and professional reputation. within Law suits examined in Moldova between 1998 and 2003, which involved freedom of expression and damages to honor and dignity

1998 1999 2000 2001 2002 2003 Center 18 19 11 13 26 2 District Court, mun. of Chisinau Buiucani 33 14 10 8 9 4 District Court, mun. of Chisinau Riscani 5 3 12 12 12 4 District Court, mun. Chisinau Botanica 1 - - - 1 - District Court, mun. Chisinau Soroca - - - 4 - - city of Balti 1 3 2 1 1 2 Orhei - 1 - - 2 - Nisporeni 1 - - - - -

analytical bulletin 19 June 2004 The Letter of the Law

This approximate estimate includes only cases of the case in his/her absence, and the defendant does with a final court ruling; running cases have not been not request the judging of the case. This is a very fre- included. quent situation in judiciary practice; The study has shown that out of 235 cases, in 115 f. the court delayed or divided into installments the plaintiffs won, and the rest 120 suits were stopped. the payment of the state fee, and the plaintiff failed to Of these, 56 were suspended, 3 finished in settlement pay it within the time period set by the court.1 agreements, 9 were withdrawn by the plaintiffs, and The court decision to suspend the case may be ap- 52 were rejected by the court as unfounded. pealed. If a case is suspended, then a new case may A law suit can be closed if the court admits the be started after the circumstances that have led to this withdrawal of the plaintiff or endorses the settlement situation have been eliminated. If the court decides to agreement between the parties. reject the request to cancel the suspension, this deci- The court can be suspended if: sion may also be appealed.2 a. the suit was started by an incompetent per- It is important to mention the fact that suits involv- son; ing damages to honor and dignity appear both be- b. the law suit request was signed or submitted tween public figures and journalists as well as be- to the court by an unauthorized person; tween media professionals. c. a litigation between the same parties and re- An analysis of the different cases started against garding the same subject and on the same grounds is the media between 1998 and 2003 has shown that in being judged in the same court or in a different court; 1998-1999 the number of suits against the media in- d. the parties legally summoned failed to ap- creased, while in 1999-2000 this number decreased, pear in court after the second summons and did not only to increase again in 2001-2002. request the examination of the case in their absence; However, we have been able to identify the lowest e. the plaintiff legally summoned failed to ap- and the highest compensations awarded for damaged pear in court, to inform the court of the reasons for not honor and dignity. The moral damages means com- appearing. or the reasons presented are considered by pensation for psychological suffering expressed in the court as unfounded, or to request the examination pecuniary terms.

Data on the amount of moral damages requested and awarded in 1998-2003 in cases involving dam- aged honor and dignity

The lowest moral damage requested The highest moral damage requested

1800 lei 1,770,000 lei

The lowest moral damage awarded The highest moral damage awarded

180 lei 5400 lei

Moral damage is compensated, as per the court However, there have been cases of claims to ex- ruling, by the mass medium as well as by officials and tremely large damages, which could bankrupt the citizens when they are found guilty, in cash and in the newspaper in question. Such an example was the case amount set by the court. in which the DAAC-Hermes Company claimed from When the court recognizes that the information is the Timpul weekly damages in amount approaching true and is not damaging, then the request that it be 2 million USD after the paper published a story about retracted and moral damages be paid is rejected.1 a transaction in which a number of Skoda cars had The findings of the study show that the amount of been bought for the chairpersons of districts and di- compensations for moral damages caused by harm- rectors of local offices of the State Chancellery. As a ing the honor and dignity of a person can vary on a result, Timpul was mandated by the Buiucani District case by case basis. Most often the situation changes Court of Chisinau to pay to DAAC-Hermes a compen- when the case is in its final stages of examination, and sation of 1 million 350 thousand lei (about 112 thou- the initial amounts requested by plaintiffs are dimin- sand USD). Timpul said it would appeal the ruling of ished. the Buiucani Court in the Court of Appeals.2

Mass Media in Moldova 20 June 2004 The Letter of the Law

While art. 7/1 of the Civil Code of 1964 had a ceil- the judge who received the file, the date when the suit ing on the amount of money that could be awarded as was started, information on appeals (if the ruling was compensation, the new Civil Code no longer has such appealed). This information is written in manually, a ceiling; damages will be set depending on the par- which takes a lot of time. The courts should be ticularities of every case, i.e. depending on the char- equipped with computers, printers and photocopiers, acter and severity of the suffering caused to the vic- then some promptness will be introduced in the work tim, on the degree of guilt of the offender, on the de- of the judiciary and in the free access to information. gree in which such compensation can bring satisfac- Courts don’t have the storage space they need for files; tion to the victim (see art.1423). they use the chancellery’s space as an archive. Under According to art. 7/1 of the Civil Code of 1964, the such circumstances it is very difficult to find a certain amount of compensation was set by the court between file when you need information from it. 75 and 200 minimal salaries when the information The Constitution and legislation guarantee both the was disseminated by a legal entity, and between 10 right to information as well as the right to the protec- and 100 minimal salaries when the information was tion of one’s honor and dignity.3 The Code of Civil disseminated by an individual. The prompt publica- Procedures guarantees access to court decisions by art. tion, before the court makes a decision, of a retraction 56: “The Parties in a suit have the right to access the and apologies for the false information damaging the materials in the file, to make excerpts and copies honor and dignity of the victim was a reason for the thereof”. The Access to Information Law stipulates diminution of the amount of the compensation or for that the information held by courts of law is open to exoneration from it. In practice, in most of the cases only the parties the public. are permitted access to files containing court rulings, However, this right continues to be severely re- while the people who are not parties may have access stricted. Violations take the form of refusals to grant to the court ruling only upon permission of the chair- access to the materials of a journalist’s file even if they person of the court. are part of the suit. According to the Access to Infor- Courts have a very complicated and cumbersome mation Law, the person who believes that any of his/ system of managing and tracking the circuit of cases. her rights or legitimate interests have been restricted Many times researchers have come across a lack of by an information supplier may challenge the suppli- adequate assistance in their research. This is due to er’s actions both outside of and in court; this includes the following factors: the unfounded refusal to receive and record the request, Every court has a chancellery in charge of entering to provide free and unconditional access to public information in case registers. Every case has a record records, as well as the unfounded classification of in- form containing basic information: names of the par- formation as state or trade secret or as personal infor- ties, object of the litigation, number of the file, name of mation.

The study was conducted by Angela Mitrofan, Marcela Cataraga, Sergiu Rotaru, Veaceslav Dascal. Materials on files were collected in court archives between September 2003 and March 2004.

1 Laws of the Republic of Moldova 225/30.05.2003 Code of Civil Procedure of Moldova, Monitorul Oficial 111-115/451, 12.06.2003. art.267. 2 Laws of the Republic of Moldova 225/30.05.2003 Code of Civil Procedure of Moldova, Monitorul Oficial 111-115/451, 12.06.2003. art.268 3 Explanatory Decisions of the SCJ Plenum. SCJ Plenum decision of 27.03.1997, no.11, On the enforcement of legislation concerning the protection of honor, dignity, professional reputation of citizens and organizations. Collection of explanatory decisions /105, 2002 4 Curier Media, no.10, May 2004. 5 Explanatory Decisions of the SCJ Plenary. SCJ Plenary decision of 19.06.2000, no.18, On the amendment of the Decision of the Supreme Court of Justice Plenary of 27.03.1997, no.11, “On the enforcement of legislation concerning the protection of honor, dignity, professional reputation of citizens and organizations” with amendments introduced by the Plenary Decision of 20 December 1999, no.38. 6 Art. 16 Civil Code of RM. 7 Civil Code of RM.

analytical bulletin 21 June 2004 Survey

Journalist Profile: Socio-Demographic Features

The Center for Urban and Rural Sociology (CURS), was commissioned by the Independent Journalism Center to conduct a survey on the Profile of the Journalist in order to describe some of the challenges facing this socio- professional category, as well as to collect other data such as journalists’ socio-demographic characteristics or the number of staff at printed and broadcast media. Verifications have been performed by the Marketing and Polling Institute IMAS Inc. Financial support for the project has been provided by Soros Foundation-Moldova. A. Socio-Demographic Features

There were 1034 journalists working in the 123 outlets of Chisinau who answered the questionnaire. To- gether with the media outlets that refused to fill out the questionnaire there is a total of 1480 journalists in Chisinau. In reality there could be fewer journalists since some of them work simultaneously for several outlets.

The age of journalists

60+ 50-59 4% 14%

Under 30 37%

40-49 21%

30-39 24%

The sex of journalists

Females Males 50% 50%

Mass Media in Moldova 22 June 2004 Survey

Currently you are …

Widow ed 3% Single 20%

Separated 1% Legally married Divorc ed 64% 7%

Living in 5%

Nationality

Bulgarian Other Ukrainian 1% 1% 7%

Rus sian 24%

Moldovan/ Romanian 66%

Length of service in the field

21+ years Under 5 years 16% 30%

11-20 years 21%

5-10 years 34%

analytical bulletin 23 June 2004 Survey

Education

Other Faculty of 32% Journalism 44%

Faculty of Moder n Faculty of Languages Letters 9% 15%

Medium of the outlet (here we included estimated data on the organizations which had refused to participate in the survey)

Press service New s agency 1% 11%

TV 20% Pr inted pr es s 50%

Radio 18%

Type of the outlet (here we included estimated data on the organizations which had refused to participate in the survey)

Par t y - ow ned 2%

State-ow ned 43% Independent 55%

Mass Media in Moldova 24 June 2004 Survey

Position

Other Editor-in-chief 16% 12% Deputy editor-in- chief 9% Editor 7% Managing editor 8%

Correspondent/ Section/ reporter department editor 37% 11%

Foreign languages

None 1%

Other 3%

Spanish 5%

German 4%

Romanian 79%

French 28%

English 32%

Rus sian 92%

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

analytical bulletin 25 June 2004 Survey

B. Professional profiles and working conditions of journalists

The data below resulted from interviews with 565 journalists. The data were collected in November and December 2003.

B1. How often do you face the following challenges:

Differences of up to 100% are non-answers

B2. How often is your editorial independence under threat?

Mass Media in Moldova 26 June 2004 Survey

B3. Do you think your outlet runs ordered stories?

B4. To what extent do you think ordered stories can be justified when they are run at the ex- pense of professional principles?

B5. To what extent are you familiar with the laws governing the media in Moldova?

analytical bulletin 27 June 2004 Survey

B6. To what extent are you familiar with the code of professional ethics adopted in 1999?

B7. What are your preferred sources of information?

B8. Which type of information is most important for your work: local or international?

Mass Media in Moldova 28 June 2004 Survey

B9. In what area?

C1. To what extent are you familiar with the new Labor Code?

C2. Do you have a work contract with your employer?

Yes

66%

analytical bulletin 29 June 2004 Survey

C3. To what extent are you satisfied with the provisions in your labor contract?

C4. What is your monthly wage?

C5. Do you work other jobs in order to enhance your income?

Mass Media in Moldova 30 June 2004 Survey

C6. What is your main source of income?

C7. Can you afford with your wage...

Differences of up to 100% represent non-answers C8. What do you think about your working conditions?

analytical bulletin 31 June 2004 Survey

C9. Do you have your own desk?

C10. Do you have a computer?

C11. What do you use the Internet mostly for?

Mass Media in Moldova 32 June 2004 Survey

C12. How well do you think you are equipped technically?

C13. What do you think are the chances of a journalist finding a job in the media?

C14. Do you think the chances of a journalist finding a job in the media depend mainly on...?

analytical bulletin 33 June 2004 Survey

C15. How often do you get feedback from the institutions you write about?

C16. Have you ever received threats as a result of your work?

C17. Have you ever been harassed as a result of your work?

Mass Media in Moldova 34 June 2004 Survey

C18. To what extent do you think you are protected against harassment, threats or pressure as a result of your work?

C19. Do you think there is discrimination based on sex in your news room?

C20. Have you attended a training course in the last 5 years?

analytical bulletin 35 June 2004 Survey

C21. When did you attend a training course?

C22. Where?

C23. How many days a week do you work?

Mass Media in Moldova 36 June 2004 Survey

C24. How many days a week do you spend with your family?

C25. What is more important for you: family or work?

C26. How often ... ? ...do you read newspapers

analytical bulletin 37 June 2004 Survey

...do you listen to radio

...do you watch TV

...do you read books

Mass Media in Moldova 38 June 2004 Survey

C27. How happy are you with …?

Differences of up to 100% represent non-answers

C28. How prestigious do you think is the profession of journalism in our society?

C29. If you could choose your profession today, would you choose to be a journalist?

analytical bulletin 39 June 2004 Survey

D1. What is your political affiliation?

D2. Do you think political affiliation can be an impediment to the exercise of journalism as a profession?

D3. Do you accept the idea that a journalist can engage in political partisanship?

Mass Media in Moldova 40