Media Programme SEE A Pillar of Democracy on Shaky Ground Public Service Media in South East Europe RECONNECTING WITH DATA CITIZENS TO BIG VALUES – FROM A Pillar of Democracy of Shaky on Ground A Pillar www.kas.de www.kas.dewww.kas.de Media Programme SEE A Pillar of Democracy on Shaky Ground Public Service Media in South East Europe www.kas.de Imprint Copyright © 2019 by Konrad-Adenauer-Stiftung Media Programme South East Europe Publisher Konrad-Adenauer-Stiftung e.V. Authors Viktorija Car, Nadine Gogu, Liana Ionescu, Ilda Londo, Driton Qeriqi, Miroljub Radojković, Nataša Ružić, Dragan Sekulovski, Orlin Spassov, Romina Surugiu, Lejla Turčilo, Daphne Wolter Editors Darija Fabijanić, Hendrik Sittig Proofreading Boryana Desheva, Louisa Spencer Translation (Bulgarian, German, Montenegrin) Boryana Desheva, KERN AG, Tanja Luburić Opinion Poll Ipsos (Ivica Sokolovski), KAS Media Programme South East Europe (Darija Fabijanić) Layout and Design Velin Saramov Cover Illustration Dineta Saramova ISBN 978-3-95721-596-3 Disclaimer All rights reserved. Requests for review copies and other enquiries concerning this publication are to be sent to the publisher. The responsibility for facts, opinions and cross references to external sources in this publication rests exclusively with the contributors and their interpretations do not necessarily reflect the views or policies of the Konrad-Adenauer-Stiftung. Table of Content Preface v Public Service Media and Its Future: Legitimacy in the Digital Age (the German case) 1 Survey on the Perception of Public Service Media in South East Europe 17 Public Broadcasting in Albania: Between Legacy and Future Opportunities 27 Public Service Media in Bosnia-Herzegovina: A Crisis of Legitimacy and Sustainability 49 Public Service Media in Bulgaria: Lack of Sustainability 69 Public Service Radio and Television in Croatia - at the Service of the Public or Politics? 93 Kosovo’s Public Broadcaster – Insufficient Editorial Independence and Management Competence 113 The Story of an Unfinished Transformation to True Public Service Media (the Moldovan case) 133 Public Service Media in Montenegro - a Leaf Aflutter in the Wind 151 Macedonian Radio Television in Need of New Professional Standards 173 Public Service Media in Romania: The Battle for Independence from Politics 191 Public Service Media in Serbia: A State of Flux 215 About Us 235 iii Preface Dear readers, Democracy cannot exist without free media. Journalists must be able to work independently – without political or economic influence or any other reprisals. This is also a recognition of the terrible history of the Second World War and the totalitarian rule of the National Socialists over a huge part of Europe. For this reason, public service media were established in (West) Germany after 1945 after the model of the BBC. It was without question a gift for Germany and its democratic development. Public service media – in Germany as well as in other European countries – have a legal task. They are exclusively committed to the welfare of all and must not unilaterally support a party, organisation or any other type of grouping. Its programmes should inform, educate, advise. They can and should also entertain. Its contents, whether on television, radio or online, still stand for seriousness and credibility. Despite all doubts, trust in public service media remains high in many countries. This is confirmed by regular opinion polls across Europe. In almost all countries in which the European Broadcasting Union (EBU) is represented, the public broadcasters are ranked in the first place. But this trust is not self-evident. Even public service media must always face social and, above all, technical developments, reflect repeatedly on its foundations and mission and find answers in the democratic discourse. This book gives an overview of public service media in South East Europe; referring to the ten countries, which the Media Programme of the Konrad- Adenauer-Stiftung covers. From Croatia to North Macedonia and Bulgaria to the Republic of Moldova, liberalised media markets have emerged following the collapse of socialism and its state-controlled media systems. State broadcasters have become public service media. For the first time, essential information about individual public broadcasters is being gathered. Media experts from the respective countries write, among other things, about the history, the legal framework, the financing model and organisational structures in place. The chapters are supplemented with the results of a v A Pillar of Democracy on Shaky Ground recent representative opinion poll commissioned by the Media Programme and conducted by the research institute Ipsos. We have asked the same six questions in all ten countries. In the results summarised for the entire region, two answers are very clear: almost 70 percent of respondents say that public service media are important for democracy. Unfortunately, almost 65 percent see these channels under political influence. In South Europe, in particular, this discrepancy becomes visible and audible at demonstrations when people take to the streets against their government. Then usually public service media are focus of protests and have been criticised as mouthpieces of the government. As a Media Programme, we want to strengthen the role of free and independent media and improve the work opportunities for journalists. Freedom of the press and expression are central pillars of democracy. Here in South East Europe, we accompany the process of transformation – towards a united democratic Europe. In doing so, public service media play an important role. I am convinced that if public service media do not exist, one should invent them. They are essential for democracy – if they can act free of political influence and are well funded to fulfil their tasks. We wish you enjoyable reading! Hendrik Sittig Konrad-Adenauer-Stiftung e.V. Head of KAS Media Programme South East Europe vi Public Service Media and Its Future: Legitimacy in the Digital Age Public Service Media and Its Future: Legitimacy in the Digital Age The case of public service media in Germany Daphne Wolter Introduction Our democratic constitution requires a system of public service media (PSM) that is clearly differentiated from private services and that is simultaneously a tool of and a service provider for democracy. Digitalisation and the technological convergence of media have given television viewers a new power: programmes can now be received irrespective of time and place. Broadcasters are afraid of losing control as new smart TV systems reduce ordinary television to one of several options. Some experts even predict that broadcasting will completely disappear in the future; video services available worldwide will gradually replace it. But what role should the public service media play in this scenario? Will it be reduced to an insignificant niche or will it be completely written out of the future? From the viewpoint of public service media, the goal must be to remain in the ‘relevant set’. According to the so-called development guarantee1 one of the tasks of public service media is to adapt to the changing viewing habits of users. The first media ‘big bang’ 30 years ago brought a fundamental change to public service media with the introduction of the dual system (see also next section). The change was far from damaging, if one compares the German TV landscape internationally. Similarly, the second major ‘big bang’ in the form of media digitalisation can help public service media benefit and avoid becoming a victim of the digital transformation. The transformation must not be obstructed by 1 6th Broadcasting Ruling - German Federal Constitutional Court ruling (BVerfGE 83, 238), http://www.servat.unibe.ch/dfr/bv083238.html. 1 A Pillar of Democracy on Shaky Ground regulatory media policy, however. On the contrary, regulators must promote the necessary reforms, in fact they must demand and shape them. The history of public service media in Germany As a response to Germany’s Nazi past, control of media and cultural policy in Germany is decentralised: responsibility is vested with the federal states as opposed to the federal republic. Each federal state enacts its own laws regulating media and cultural matters. The legal basis for broadcasting is the so-called German Interstate Treaty on Broadcasting (Rundfunkstaatsvertrag), a contract entered into by all sixteen federal states. The Treaty provides for state public media agencies part of the ARD, the ZDF and other broadcasters. As a result, the legal structure of the contract is shaped by a variety of laws and treaties.2 As part of Germany’s democratisation after World War II, public service media were introduced on the basis of, among others, the British model (BBC). To protect broadcasting media from renewed authoritarian intervention3, public broadcasting was established in 1949 with a government-mediated guarantee intended to ensure political independence. In 1950, broadcasters established the Association of Public Service Broadcasters of the Federal Republic of Germany (ARD). This was followed by the establishment of the Second German Television (ZDF) in 1961. These broadcasters are constituted as corporations under public law and financed by licence fees (more on this in the third section). Private broadcasters were established starting in the 1980s. Since then public service media have been one of the two branches of the so-called ‘dual broadcasting system’ of the German media landscape.