Yearbook 2008 Yearbook 10 2008 THE REPRESENTATIVE ON FREEDOM OF THE MEDIA THE REPRESENTATIVE ON FREEDOM OF THE MEDIA www.osce.org/fom THE REPRESENTATIVE ON FREEDOM OF THE MEDIA The Representative on Organization for Security and Organization for Security and Co-operation in Europe ISBN 978-92-9234-627-0 Co-operation in Europe Freedom of the Media The views expressed by the contributing authors in this publication are their own and do not necessarily reflect the views of the OSCE Representative on Freedom of the Media. © 2009 The Representative on Freedom of the Media Organization for Security and Co-operation in Europe (OSCE) Wallnerstrasse 6 A-1010 Vienna, Austria tel +43-1-512 21 45-0 fax +43-1-512 21 45-9 e-mail [email protected] www.osce.org/fom Design & Layout: Phoenix Design Aid, Denmark ISBN 978-92-9234-627-0 Yearbook 10 2008 The OSCE Representative on Freedom of the Media Vienna 2009 contents Contents 11 Preface by Alexander Stubb 15 Foreword by Miklos Haraszti Contributions 19 Greeting on the occasion of the 20th anniversary of ARTICLE 19 Miklos Haraszti 23 The Success Story of the Media Self-Regulation Guidebook Adeline Hulin 29 When confrontation ends and co-operation begins. The media and the government Zoya Kazanzhy Mandate of the OSCE Representative on Freedom of the Media 35 Decision No. 193: Mandate of the OSCE Representative on Freedom of the Media 43 Decision No. 1/07: Extension of the Mandate of the OSCE Representative on Freedom of the Media Declarations 47 Joint Declaration by the four Global Rapporteurs on Freedom of Expression on Defamation of Religions, and Anti-Terrorism and Anti- Extremism Legislation 53 Declaration Adopted at the 10th Central Asia Media Conference “The future of public-service broadcasting and the digital switchover in Central Asia” contents Regular Reports to the Permanent Council 57 13 March 2008, Report to the Permanent Council by the OSCE Representative on Freedom of the Media 89 3 July 2008, Report to the Permanent Council by the OSCE Representative on Freedom of the Media 121 27 November 2008, Report to the Permanent Council by the OSCE Representative on Freedom of the Media Country Report 153 The State of Media Freedom in Montenegro Legal Reviews 179 Review of the Slovak Draft Press Act 195 Memorandum on the Draft Law of the Republic of Kazakhstan on the Mass Media 255 Comments and Suggestions on the Draft Law “On Introducing Amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on Questions of Defamation in the Mass Media” 261 Comments on the Draft Law of the Republic of Belarus on the Mass Media 295 Comments on Draft Law on State Secret of the Republic of Moldova Projects 2008 319 Training project 319 “Visibility vests” for Azerbaijani journalists covering street demonstrations and other public events Interventions 2008 323 Albania 323 Armenia contents 324 Azerbaijan 326 Belarus 327 Bosnia and Herzegovina 327 Bulgaria 328 Croatia 328 Czech Republic 328 France 329 Georgia 329 Hungary 330 Ireland 330 Kazakhstan 330 Kyrgyzstan 331 The former Yugoslav Republic of Macedonia 331 Moldova 332 Montenegro 332 Poland 333 Romania 333 Russian Federation 335 Serbia 335 Slovakia 336 Slovenia 336 Turkey 336 Turkmenistan 336 Ukraine 337 United States of America 337 Uzbekistan 339 Meetings and Conferences 2008 346 Press Releases 2008 349 OSCE welcomes pardoning of journalists in Azerbaijan but urges legal reform contents 350 OSCE media freedom representative welcomes President Sarkozy’s plan to de-commercialize public television in France 352 OSCE media freedom representative protests jailing of editor in Belarus for reprinting cartoons 353 OSCE media freedom representative says Slovakian draft Press Act curbs editorial autonomy, asks authorities to withdraw it 355 OSCE media freedom representative visits Council of Europe, discusses joint concerns, co-operation 356 OSCE media freedom representative welcomes Kyrgyzstan’s media self-regulatory body, the first in Central Asia 357 OSCE media freedom representative reviews Slovakia’s draft Press Act, urges Government to implement recommendations 358 OSCE promotes public discussion on media legislation in Kazakhstan 359 OSCE condemns attacks on journalists 360 OSCE media watchdog to hold anniversary roundtable on challenges to media freedom 362 OSCE media watchdog, Finnish OSCE Chairmanship host forum on challenges to media freedom 363 Ban on independent news coverage in Armenia is contrary to OSCE commitments, says OSCE media freedom representative 364 New prison sentence sign of continued persecution of non- governmental media in Azerbaijan, says OSCE media freedom representative 366 OSCE media freedom representative calls on Azerbaijan to investigate latest attack against journalist 367 OSCE media freedom representative and partners call on Ukraine to further development of free media 368 OSCE trains Georgian government officials, journalists with focus on facilitating access to information 369 OSCE media freedom representative welcomes Irish government move to decriminalize libel 4 contents 370 Latest amendments to Slovakia’s draft Press Act an improvement but still fall short, says OSCE media freedom representative 372 OSCE helps Kyrgyz state press officers and journalists work more closely, share information 373 OSCE media freedom representative urges Russia to vigorously investigate murders of Dagestani journalists 374 OSCE media freedom representative protests against onslaught on independent media in Belarus 375 Slovakia’s new Press Act curbs editorial freedom, grants politicians unlimited right of reply, warns OSCE media freedom representative 376 OSCE representative calls on Azerbaijani law enforcement to stop harassing and discrediting investigative journalists 378 OSCE media freedom representative launches guidebook on media self-regulation at Paris forum 379 OSCE media freedom representative urges Czech Parliament to use penal code reform to decriminalize speech offences 380 OSCE media freedom representative asks Russian legislators to halt move to allow closure of media outlets for defamation 381 Ahead of World Press Freedom Day, OSCE official calls on governments to lift restrictions, protect journalists from violence 383 OSCE media freedom representative asks new Russian President to address media freedom challenges 385 Public broadcasting in Bosnia and Herzegovina faces multiple threats, warns OSCE media freedom representative 386 OSCE media freedom representative urges Kyrgyz President to veto amendments that curb new public-service broadcaster’s independence 387 Polish reform of public-service broadcasting should avoid politicized solutions, OSCE representative warns 388 OSCE media freedom official expresses concern about campaign against Radio Free Europe, detention of journalist in Uzbekistan 5 contents 390 OSCE trains state press officers, journalists in northern Tajikistan to promote public access to information 391 OSCE media freedom representative protests prison sentence handed to publisher of book on Turkish history 392 OSCE media freedom representative urges Belarus not to adopt restrictive media law 393 OSCE media freedom representative urges Romanian President to veto bill on mandatory percentage of ‘good news’ 394 OSCE media freedom representative welcomes Romanian Constitutional Court’s ruling against ‘good news’ bill 395 OSCE media freedom watchdog calls Baku trial ‘fake’, aimed to discredit opposition journalist and protect his real attackers 396 OSCE press freedom office trains media professionals to foster ethical standards and boost self-regulation 397 OSCE media freedom representative protests against killing during police custody of web publisher in Russia’s Ingushetia region 399 OSCE Office presents press vests to Azerbaijani journalists 399 OSCE media freedom representative visits Turkmenistan 401 OSCE media freedom representative presents anniversary publication 402 Improving access to information purpose of OSCE media seminar in Moldova 403 OSCE media freedom representative says journalists need free and safe access to Georgia’s South Ossetia and Abkhazia regions 405 Armenia should lift moratorium on licensing broadcasters to ensure media pluralism, says OSCE media freedom representative 406 OSCE media freedom representative urges Bulgarian authorities to swiftly prosecute violent attacks against journalists 407 OSCE media freedom representative welcomes acquittal of Hungarian journalist in secrecy case, urges legislative reforms 408 OSCE media freedom representative calls for broad public consultations on Albania’s draft media law 6 contents 410 OSCE media freedom representative urges Uzbek government to dismiss journalist’s 10-year prison sentence 411 Central Asia journalists discuss public-service broadcasting, digitalization at OSCE media conference 413 OSCE media freedom watchdog condemns killing of two journalists in Croatia 414 OSCE workshop promotes co-operation between state press services and journalists in Armenia 415 OSCE promotes media self-regulation in Romania 416 OSCE helps Serbian municipal officials and journalists improve communication to ease access to information 417 OSCE representative commends media situation in Montenegro, outlines areas for improvement 418 South Caucasus journalists discuss public-service broadcasting, digitalization at OSCE media conference 420 Recent assaults on journalists in Armenia threaten free press, says OSCE representative 421 OSCE promotes discussion in Belarus on Internet media regulation 422 OSCE media freedom representative