Broadcasting and Citizens BULGARIA by Anja Herzog 1. TV VIEWERS’ PARTICIPATION IN BULGARIA After the breakdown of the communist system Bulgaria has developed a dual broadcasting system with the quasi state-ruled broadcasters Bulgarian National Television (BNT) and Bulgarian National Radio (BNR) and a multitude of private, commercial broadcasters. The media market is fragmented, with over 130 radio stations, 129 TV operators, and over 180 newspapers and magazines at present.1 Two TV channels have an almost nationwide reach: The public “Channel 1” of BNT has a technical penetration of 98.1 % and the private channel BTV of 86.4 %. These two channels have the biggest reach, in April 2003 the first national public channel, Kanal 1 (BNT), reached 77.6 % of the audience while the private channel BTV had a reach of 91.5 %.2 Due to rather unstable political and economic circumstances, the Bulgarian media landscape has been subject to a number of fluctuations during the transformation process from the Soviet kind of state monopoly to the dual broadcasting system as known in the Western world. Today, the dominating aim in Bulgaria is digitalisation of the media and the preparation for the acceptance into the European Union. Therefore, there currently is a vivid discussion about new media legislation because of the evident insufficiency of the existing legislation. This general insufficiency also holds for the specific aspect which is of interest in this report: Although there are some features of an accountability system, its actual accomplishments are questionable as there is rarely any direct consumer participation. For an overview on the relevant institutions dealing with viewers’ interests see the table at the end of the chapter. 1.1 National Institution and Government bodies The only way for television viewers in Bulgaria to participate directly is to file a complaint to the Council for Electronic Media (CEM – Savet za elektronni Medii). The CEM has been established by law to control the programmes of radio and television broadcasters, e.g. the requirements for broadcasts aimed at children, the compliance with the requirements relating to advertising etc. Among other activities it commissions audience surveys and publishes findings in a newsletter (see chapter 2.1). Beyond the functions of the CEM there is no representation of TV viewers in the boards of the broadcasters or in other committees or councils established by law. 1.2 Self-Regulation As a self-regulatory counterpart the Code of Ethics, set up in 1994 by the Union of Journalists in Bulgaria (together with e.g. the Free Speech Civic Forum and the Centre for Independent Journalism) needs to be mentioned. It reflects this intention by committing journalists in their work not to violate principles like human dignity or equality.3 However, the effects of this declaration of a Code of Ethics do not seem to be very high as the Council for Electronic Media focuses on the increase of professional standards of journalism in Bulgaria on different levels (see chapter 2.3). Another approach to support, amongst others, the interests of viewers, is the Bulgarian Media Coalition (BMC). It is an independent association of different organisations. Its task is to “work together for the development of independent media, for a pluralistic and independent media sphere”.4 37 Bulgaria 1.3 Other organisations An interesting small organisation which is worth being mentioned in the context of securing the interests of specific groups of viewers, is the association Media with Human Face. This association follows the aim as generally stated in its title in producing TV programmes for ethnic minorities, handicapped people etc. as well as programmes that provide citizens with a forum for discussion (see chapter 3). Beyond that, there are no specific viewer organisations in Bulgaria. As a reason for this experts5 refer to the special relationship between Bulgarians and their media and journalists. Actually, people very often complain directly to the journalists they think did something wrong. Another means are call-in programmes (e.g. Nova TV) that are used to complain about the media. Concerning the press, letters to the editor are still a widely used way of complaining. Typical subjects of these “direct” complaints are the contamination of language due to tabloidisation (e.g. new word creations) and the general style of coverage (the decline of political culture). The public calls for more and better feature films. In the past, the politicisation of the press was often criticised, this is no longer the case though. Overall, a discrepancy between city and country can be observed. This means that people in the cities are better informed, whereas in the country cultural values are still regarded as very important. But, partly as a consequence of the still ongoing process of transformation, there is no developed scene of civil society organisations which try to institutionalise the interests of particular groups. For example, as far as we found out up to now, there are no organisations which represent the interests of the Turkish minority in Bulgaria, although experts see an undersupply of media for this group in Bulgarian media. 2. TV VIEWERS’ RIGHTS: THE REGULATORY FRAMEWORK 2.1 Sector specific regulation In Bulgaria the only sector specific regulation is the Law on Radio and Television6 which tries to cover all relevant areas in media legislation7. It contains provisions regarding public and private broadcasting, establishes the Council for Electronic Media (for details see 2.3.), guarantees independence of radio and television operators from political and economic interference, includes the legal basis for Bulgarian national television and radio and rules for financing of broadcasting activities, content regulation regarding commercials, sponsorship and everything dealing with children/minors, licensing and registration of radio and television operators (see Annex 1.). Currently, there is a discussion about the necessity to establish a new law that would provide the CEM with better means to impose its sanctions and a different organising system regarding Bulgarian National Television and Bulgarian National Radio.8 There are drafts for a new legislation respectively amendments to the Law on Radio and Television. A Law on Electronic Media is under construction, but up to now the draft versions have been criticised by international media organisations and the European Council consistently.9 It is said that at the moment there is a “unique public consensus […] that a new media law is absolutely essential”10 and thus there is a chance of realising new legislation. Apart from this, there is a strategy paper on development of electronic media submitted by the Communications Regulation Commission (CRC), which still has not been discussed though.11 Next to other questions (e.g. frequency management) the strategy paper deals with questions of viewers’ interests, for example, it aims to implement the regulatory principles, upon which the policy of the EU in the field of audiovisual sector is based, like developing public television, which guarantees pluralism and protection of the public interest by forming public opinion; increased supervision over programmes viewed by minors, and implementing self- regulation, jointly performed by operators and audiences. 38 Broadcasting and Citizens 2.2 Regulatory practices for positive and negative content regulation In Chapter I, Art. 10 of the Law on Radio and Television12, radio and television operators are obliged not to broadcast programmes suggesting intolerance, contradicting the good manners, offering pornography, or praising violence or promoting discrimination with regard to race, gender, religion or nationality. In addition, article 10 includes the rules according to the EU directive “Television without Frontiers” concerning quota for European productions and independent producers. In Art. 16 it is codified that broadcasters may not use information concerning the life of individuals without their consent unless it concerns citizens carrying out legal capacities of state bodies or citizens whose decisions have an effect on society or persons, a sentence has been enacted for premeditated crime of general nature. If broadcasters violate these rules, they have to publicly apologise to the person affected. Art. 17 includes the general obligation that “radio and television broadcasters shall be accountable for the content of the program services provided by them”. In detail the article prescribes that broadcasters may not create or provide programmes directed at damaging the physical, mental and moral development of children and minors; but this does not apply to encrypted channels and/or programmes broadcast between 11 p.m. and 6 a.m. and clearly marked by a warning signal. 2.3 Instruments established by law The Law on Radio and Television in Chapter II establishes the Council for Electronic Media13 (CEM) which is responsible for monitoring media activities and enforcing the interests of society by “defending the freedom and pluralism of the speech and the information, as well as the independence of the radio and television operators.”14 The council consists of nine members, five of them elected by the National Assembly and the other four appointed by the President of the Republic. Every person of “Bulgarian citizenship, who has as permanent address on the territory of the country, with higher education and professional experience in the sphere of the electronic