United Nations Educational, Scientific and Cultural Organization Assessment of Media Development in MONGOLIA Based on UNESCO’s Media Development Indicators Published in 2016 by the United Nations Educational, Scientific and Cultural Organization 7, place de Fontenoy, 75352 Paris 07 SP, France and the UNESCO Beijing Office © UNESCO 2016 ISBN 978-92-3-100160-4 This publication is available in Open Access under the Attribution-ShareAlike 3.0 IGO (CC-BY-SA 3.0 IGO) license (http://creativecommons.org/licenses/by-sa/3.0/igo/). By using the content of this publication, the users accept to be bound by the terms of use of the UNESCO Open Access Repository (http://www.unesco.org/open-access/terms-use-ccbysa-en). The designations employed and the presentation of material throughout this publication do not imply the expression of any opinion whatsoever on the part of UNESCO concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The ideas and opinions expressed in this publication are those of the authors; they are not necessarily those of UNESCO and do not commit the Organization. Graphic design: UNESCO Cover design: Corinne Hayworth for UNESCO Publishing Photos: Globe International Center Typesetting and Layout: Globe International Center Printed by: Globe International Center Printed in Mongolia United Nations Educational, Scientific and Cultural Organization This study was launched by UNESCO at the request of the Globe International Center and was carried out in collaboration with specialized NGOs such as the Press Institute, the Confederation of Mongolian Journalists and the Transparency Fund. It was prepared within the context of ongoing discussions on media law reform in Mongolia. Dates of research: January 2013 – November 2015 Research team: Naranjargal Khashkhuu, Director, Globe International Center (Team leader) Dash Munkhburen, Legal Counsellor, Globe International Center Ayushjav Tumurbaatar, Media Programme Coordinator, Globe International Center Narantsetseg Khashkhuu, Programme Coordinator, Globe International Center Munkhmandakh Myagmar, Executive Director, Press Institute Gunjidmaa Gongor, Head of Research Department, Press Institute Chimeddondog Tsegmid, Researcher, Press Institute Oyuntsetseg Ravdan, Executive Director, Journalists’ College Choisamba Choijiljav, Journalism Faculty member, Mongolian National University Naranmandakh Mongol, Faculty member, Radio and Television Institute Tserenjav Demberel, Transparency Fund Gankhuyag Sandagdorj, Transparency Fund Tamir Ukhnaa, independent researcher UNESCO Coordination by: Andrea Cairola, Adviser for Communication and Information, UNESCO Office Beijing Zeng Qingyi, National Project Coordinator, Communication and Information Sector, UNESCO Office Beijing UNESCO review and editing: Andrea Cairola, Adviser for Communication and Information, UNESCO Office Beijing Saorla McCabe, Media Development Indicators Coordinator, UNESCO HQ Fackson Banda, Programme Specialist, UNESCO HQ Editorial assistance: Sarah Donkersley, UNESCO HQ Translated from Mongolian to English by: Naranjargal Khashkhuu, Ariunzaya Davaa, Ayushjav Tumurbaatar, Yeruulsuren Chimiddorj and Dash Munkhburen 3 National Validation: The national validation of this report was undertaken at the Mongolia National Media Conference (29-30 October 2013, Ulaanbaatar, Mongolia), which was attended by more than 150 representatives from the Mongolian media sector (public and private media outlets, community radio and media associations) as well as by government officers and international experts. Special thanks goes to the following individuals for sharing their expertise during the Conference: Bettina Peters, Director of Development, the Thomson Foundation; Daniel Byron, International Senior Lawyers Project USA; Michael Unland, Senior Advisor, Office of the OSCE Representative on Freedom of the Media; Michael Karanicolas, Senior Legal Officer, Canadian Centre for Law and Democracy; and Sigurd Sorenson, International Senior Lawyers Project USA. A follow-up discussion was organized during the World Press Freedom Day event on 1 May 2014. The recommendations were also discussed during two multi-stakeholder consultative meetings on Freedom of Expression and Internet and on Freedom of Expression and National Legislation in November 2015. Revision: If readers wish to offer any corrections to or feedback on this assessment of the media sector in Mongolia, comments may be taken into account in a second version of this report. Should there be a second version, it will be published in an electronic format and made available on the websites of UNESCO, the Globe International Center and the Mongolian National Commission for UNESCO. The original version of the report is available on the following websites: www.unesco.org and www.globeinter.org.mn Foreword n September 2015, world leaders adopted the new 2030 Agenda for Sustainable Development, which includes a set of 17 Sustainable Development Goals (SDGs). Freedom Iof expression, press freedom and the right to access information are fundamental rights as well as enablers of many of the goals relevant to the new Development Agenda. Progress in peace, democracy and development for individuals, communities and countries is driven by the free flow of information and ideas. UNESCO, as the only UN agency with a constitutional mandate to “promote the free flow of ideas by word and image,” works with its Member States to foster enabling environments for free, pluralistic and independent media. UNESCO’s approach to media development is both knowledge-driven and context-sensitive, and it takes into account the challenges and opportunities created by the rapidly changing media environment. This publication presents the findings of the media development assessment in Mongolia that began in 2012 to determine the state of the media in the country. The assessment was based on the UNESCO/IPDC Media Development Indicators (MDIs), an internationally recognized analytical tool used to provide detailed overviews of national media landscapes and related media development priorities. The assessment, the first in the North-East Asia region, was undertaken by UNESCO and Globe International Center, a Mongolian media development NGO based in Ulaanbaatar, in partnership with a network of organizations. Data was collected through a review of existing documents, including on-line sources; a questionnaire-based survey of media managers, journalism schools and journalists; consultations; and a national media conference attended by representatives of government bodies, media organizations, journalism schools, lawyers, civil society groups, the donor community, and international organizations. The report is structured around the following thematic areas, in line with UNESCO’s internationally-recognized MDI framework: 1) system of regulation conducive to freedom of expression, pluralism and diversity of the media; 2) plurality and diversity of media, a level economic playing field and transparency of ownership; 3) media as a platform for democratic discourse; 4) professional capacity building and supporting institutions that underpin freedom of expression, pluralism and diversity; and 5) infrastructural capacity to support independent and pluralistic media. 5 The publication provides a comprehensive overview of the progress made and challenges facing Mongolia’s communication and media sector, as well as a set of evidence-based recommendations to improve the media landscape across the country. As in other countries, the assessment is not a one-off activity but a continuous process, given constant changes in the media scene. It is our hope that the information and recommendations in this publication will be useful to the Government of Mongolia, local and international organizations as well as civil society groups working to promote freedom of expression and the development of the media and communication sector in the country. Marielza Oliveira Director and Representative UNESCO Beijing Office Table of Contents Foreword ......................................................................................................................................... 5 Acronyms ........................................................................................................................................ 9 Executive summary ...................................................................................................................... 11 Key Recommendations .............................................................................................................. 15 Introduction ................................................................................................................................... 19 Background Information .............................................................................................................. 19 Methodology ................................................................................................................................. 21 Category 1 A system of regulation conducive to freedom of expression, pluralism and diversity of the media ............................................... 23 A. Legal and policy framework ...............................................................................................25 B. Regulatory system for broadcasting ..................................................................................36 C. Defamation laws and other