Yearbook 12 2010 THE REPRESENTATIVE ON FREEDOM OF THE MEDIA The Representative on Freedom of the Media The views expressed by the contributing authors in this publication are their own and do not necessarily refl ect the views of the OSCE Representative on Freedom of the Media. © 2011 The Representative on Freedom of the Media Organization for Security and Co-operation in Europe (OSCE) Wallnerstrasse 6 A-1010 Vienna, Austria Tel number +43-1-51436-6800 Fax number +43-1-51436-6802 e-mail [email protected] www.osce.org/fom Design & Layout: Deniz Yazici ISBN 978-92-9234-635-5 Yearbook 12 2010 The OSCE Representative on Freedom of the Media Vienna 2011 CONTENTS Contents 13 Preface by Kanat Saudabayev 17 Foreword by Dunja Mijatoviċ Contributions 21 Countering Terrorism while Protecting Freedom of the Media: A Crucial Balance for Governments Roland Bless 29 The OSCE Representative on Freedom of the Media – an Intergovernmental Watchdog: an Oxymoron? Ženet Mujiċ 43 The use of wiretaps by and against journalists in Europe: a threat to press freedom? Adeline Hulin 49 Controlling the uncontrollable? Ženet Mujiċ and Deniz Yazici Mandate of the OSCE Representative on Freedom of the Media 55 Decision No. 193: Mandate of the OSCE Representative on Freedom of the Media 61 Decision No. 1/10: Appointment of the OSCE Representative on Freedom of the Media Declarations 63 International Mechanisms for Promoting Freedom of Expression, Tenth Anniversary Joint Declaration 71 Declaration Adopted at the 12th Central Asia Media Conference Access to Information and New Technologies 75 Declaration Adopted at the 7th South Caucasus Media Conference Access to Information and New Technologies 5 CONTENTS Regular Reports to the Permanent Council 79 4 March 2010, Report to the Permanent Council by the OSCE Representative on Freedom of the Media 109 29 July 2010, Report to the Permanent Council by the OSCE Representative on Freedom of the Media 149 16 December 2010, Report to the Permanent Council by the OSCE Representative on Freedom of the Media Legal Reviews 179 Analysis of the Concept paper on Migrating to Digital Radio and TV Broadcasting System in Armenia 221 Commentary on the Decree of the President of the Republic of Belarus 243 Analysis of the Draft Laws Amending the Defamation Legislation in the Republic of Armenia 269 Analysis of the Draft Law on Freedom of Expression of Moldova 309 Commentary on the Decree of the Provisional Government of the Kyrgyz Republic 337 Addendum to the Comments on the Amendments to the Law of the Republic of Armenia on Broadcasting and to the Review on the Concept Paper on Migrating to Digital Radio and TV Broadcasting System made earlier (in May and March 2010) by the OSCE FOM experts 345 Commentary on Recent Documents of the Republic of Belarus Regarding Use of the National Segment of the Internet 373 Analysis and Assessment of a Package of Hungarian Legislation and Draft Legislation on Media and Telecommunications 439 Report of the OSCE Representative on Freedom of the Media on Turkey and Internet Censorship 477 Projects 2010 Interventions 2010 483 Albania 483 Armenia 484 Azerbaijan 484 Belarus 485 Bulgaria 485 Canada 6 CONTENTS 486 Croatia 486 Cyprus 486 Estonia 486 France 487 Georgia 487 Germany 488 Greece 488 Hungary 489 Ireland 489 Italy 489 Kazakhstan 490 Kyrgyzstan 491 Latvia 492 Moldova 492 Portugal 492 Russian Federation 493 Serbia 493 Slovenia 493 Spain 494 Tajikistan 494 Turkey 495 Ukraine 496 United States 496 Uzbekistan 499 Meetings and Conferences 2010 Press Releases 2010 505 OSCE media freedom representative welcomes Ireland's decriminalization of defamation, calls for crime of 'blasphemy' to be abolished 505 OSCE media freedom watchdog welcomes France's new law allowing journalists to protect confi dential sources 506 Turkey's Internet law needs to be reformed or abolished, says OSCE media freedom representative 507 OSCE media freedom representative welcomes reforms of public television fi nancing in Spain, Georgia 508 OSCE media freedom representative concerned about persecution of journalists in Uzbekistan 509 OSCE media representative, other global free speech rapporteurs highlight ten key challenges to freedom of expression 7 CONTENTS 511 OSCE media freedom representative criticizes 'misuse' of libel laws to muzzle the press in Kazakhstan, Tajikistan, and Hungary 512 Monitoring crucial for press freedom, says OSCE media freedom representative in fi nal report 513 Press freedom promoter from Bosnia and Herzegovina named OSCE Representative on Freedom of the Media 514 Access to information in Kyrgyzstan should be immediately restored, says OSCE Media Freedom Representative 515 OSCE media freedom representative to open media forum in Tbilisi, meet Georgian offi cials 515 OSCE media freedom representative acknowledges Kyrgyzstan's commitment to freedom of media, urges immediate compliance 516 OSCE media freedom representative calls on Azerbaijani authorities to comply with European court ruling, release journalist Fatullayev 517 OSCE media freedom watchdog welcomes Ukrainian President's pledge to support media pluralism, warns of negative developments 518 OSCE media freedom representative in Berlin to launch guide on access to information on World Press Freedom Day 518 OSCE media freedom representative launches guide on access to information on World Press Freedom Day 519 OSCE media freedom representative criticizes pressure against independent media in Belarus, offers to support discussion of new Internet legislation 520 OSCE media freedom representative offers support to restore public broadcasting in Kyrgyzstan 521 OSCE media freedom representative meets Armenian President, encourages public discussion and transparency in broadcast reform 522 OSCE to host media conference in Dushanbe on access to information and new technologies 523 OSCE media freedom representative calls for improved access to information at conference in Dushanbe 524 OSCE media freedom representative calls for amendments to Armenia's draft broadcast law to promote media pluralism 525 OSCE media freedom representative, in speech at U.S. Helsinki Commission, condemns murders and imprisonment of journalists 526 OSCE media freedom representative urges Italy to amend bill on electronic surveillance 526 Armenian broadcasting law fails to guarantee media pluralism, says OSCE media freedom representative 527 OSCE media freedom representative, on a visit to Moscow, welcomes Russian Supreme Court's resolution on media law 529 OSCE media freedom representative asks Turkey to withdraw recent 8 CONTENTS Internet blocking provisions, calls for urgent reform of law 530 OSCE media freedom representative calls on Hungarian Government to halt media legislation package, start public consultations 531 OSCE media freedom representative express concern over 'chilling effect' of libel damages awarded to Albanian politician 532 OSCE media representative condemns new sentencing of Azerbaijani journalist 532 OSCE media freedom representative meets Kyrgyz President Rosa Otunbayeva, offers support for further media reforms 533 OSCE media freedom representative condemns murder of Greek political blogger 534 OSCE media freedom representative strongly condemns brutal attack on Serbian journalist 535 OSCE media freedom representative to brief journalists after delivering fi rst report to OSCE Permanent Council 535 OSCE media freedom representative welcomes Serbia's swift investigation of attacks against journalists 536 OSCE media freedom representative concerned about missing Ukrainian journalist, welcomes authorities' prompt reaction 537 OSCE media freedom representative commends US law against 'libel tourism' 537 OSCE media freedom representative commends appointment of supervisory board for Kyrgyzstan's public service broadcaster, urges swift reform 538 OSCE media freedom representative calls for thorough and independent investigation into death of opposition website director in Belarus 539 Hungarian media legislation severely contradicts international standards of media freedom, says OSCE media freedom representative 540 OSCE Media Freedom Representative calls upon Turkey to release imprisoned journalists, reform media legislation 541 OSCE media freedom representative, Council of Europe hold forum on preserving freedom of Internet while countering hate speech 542 OSCE promotes professional internet journalism in Moldova 542 OSCE Media freedom representative welcomes Russian Supreme Court's resolution on civil libel lawsuits 543 OSCE media freedom representative expresses concern over continuing harassment of journalists in Uzbekistan 544 In Warsaw, OSCE review conference begins with calls on states to live up to their human rights commitments 545 OSCE media freedom representative: Ukraine should take swift 9 CONTENTS and resolute measures to entrench its exemplary record in media pluralism 547 Media pluralism in Tajikistan in danger, OSCE media freedom representative warns 548 OSCE media freedom representative: Belarus needs media pluralism 549 OSCE media freedom representative welcomes Turkish court decision to lift ban on YouTube, encourages further media reforms 550 OSCE media freedom representative condemns brutal attack on Russian journalist 551 OSCE media representative appalled by another attack on journalist in Russia 551 OSCE media freedom representative to host conference in Tbilisi on access to information and new technologies 552 OSCE media freedom representative calls on new Parliament in Kyrgyzstan to decriminalize defamation, continue media reform