Yerevan Press Club Weekly Newsletter – 04/28/2005

YEREVAN PRESS CLUB WEEKLY NEWSLETTER

APRIL 15-28, 2005

HIGHLIGHTS:

ARMENIAN JOURNALISTS VISITED SLOVENIA

TWO MORE “PRESS CLUB” SHOWS

CIVIL SERVICE AND THE FREEDOM OF INFORMATION

ANNUAL REPORT OF THE RA HUMAN RIGHTS DEFENDER

AIR OF “ANKYUN+3” CUT OFF

“INVESTIGATIVE JOURNALISTS” DEMAND TO COMPENSATE LOSSES

TWO APPLICANTS FOR GIGAHERTZES

STRONG DRINK TV ADVERTISING TO STOP FROM SUMMER

THE LAW “ON FIGHT AGAINST TERRORISM” RESTRICTED THE RIGHTS OF MEDIA

NCTR MEMBERS APPOINTED

SOUTH CAUCASUS ON THE WAY TO EUROPE

BRONZE WINNERS OF THE FOOTBALL TOURNAMENT

ARMENIAN JOURNALISTS VISITED SLOVENIA

On April 19-24 a group of heads of media and journalistic associations of
Armenia visited the Republic of Slovenia to study the self-regulation
experience of Slovenian media. The study visit was organized by Yerevan
Press Club and the Ljubljana Peace Institute (Institute for Contemporary
Social and Political Studies) under “Media Self-Regulation: International
Experience and Prospects in Armenia” project, funded by Open Society
Institute East-East Program.

Self-regulation mechanisms and the overall situation in the sphere were
discussed at the meetings at Ethics Council of the Slovenian Association of
Journalists, the editorial offices of two leading dailies, “Delo” and
“Finance”, the public Radio and Television of Slovenia, the Department of
Social Sciences of Ljubljana University and the Slovenian Advertising
Chamber.

TWO MORE “PRESS CLUB” SHOWS

On April 18 and 25 on the evening air of the Second Armenian TV Channel the
twenty-first and twenty-second “Press Club” shows were issued. The cycle is
organized by Yerevan Press Club under a homonymous project, supported by the
OSI Network Media Program.

On April 18 the main discussion subject of the leading media and
journalistic associations was the foreign policy of Armenia in the context
of Karabagh conflict resolution and the relations with NATO and Russia.

On April 25 the “Press Club” participants addressed the events on the 90th
anniversary of the Armenian Genocide of 1915 (commemorated on April 24) and
the issues of the international recognition of the Genocide. As the program
participants predict, this week the Armenian media will continue to discuss
this subject, centering on the assessment of the events held by the
specially established state commission, as well as on the response of
international press, primarily the Turkish one.

CIVIL SERVICE AND THE FREEDOM OF INFORMATION

On April 27 in Yerevan a seminar “Civil Service and Freedom of Information”
was organized by “Team” Research Center with the assistance of the RA Civil
Service Council. The seminar was conducted under a homonymous project,
supported by Open Society Institute Assistance Foundation-Armenia. The
representatives of state sector, media and NGOs discussed the problem of
relation between the state administration and freedom of information, as
well as the instilment of European standards of freedom of expression and
information in Armenia.

ANNUAL REPORT OF THE RA HUMAN RIGHTS DEFENDER

On April 26 at the press-conference of the RA Human Rights Defender Larisa
Alaverdian the report on the violation of human rights and fundamental
freedoms in 2004 in Armenia was presented.

One of the sections of this annual report was devoted to the right to free
expression and the right to seek, receive and impart information. It states,
in particular, that the RA Law “On Mass Communication” guarantees the right
to free speech, free expression of opinion and dissemination of ideas, and
Article 164 of the RA Criminal Code stipulates liability for impeding the
legal professional activities of a journalist. “However, the failure to
disclose and punish those, who committed violence and caused physical, moral
and material damage to media representatives in April 20004 and later, shows
that the guarantees, envisaged by the law, are insufficient and do not
enable the media representatives fully, freely and safely exercise their
profession”, the report of the Human Rights Defender notes. This statement
was illustrated by a number of incidents that occurred in different cities
of the country – Yerevan, Ashtarak, Tsaghkadzor, Goris, Aragats – and that
were at the focus of public attention.

“There are serious objections against criminal insult. The corresponding
Article of the Criminal Code endangers the freedom of expression; it
particularly restricts the freedom of criticism, since the person criticized
can view any expression to be humiliation of his honor and dignity. It is
also unacceptable to stipulate different punishments for the insult of an
official and a simple human being”, the report says.

The existence of over 40 operational TV channels, about 20 radio stations,
10 news agencies and over 35 periodical newspapers and magazines is, in the
opinion of the Human Rights Defender, a source of hope with the regard to
realization of free expression. However, as the report notes, “the
involvement of the President of the Republic in the formation of the
National Commission on Television and Radio disrupts trust in the
independence of the Commission”.

As to the RA Law “On Freedom of Information”, it prescribes the main
principles, the procedure and the terms for providing data, ensuring access
to and the publicity of information. At the same time, the report notes,
“there is problem in implementing the legally stipulated procedure for the
information provision by state bodies and local self-government of all
levels”. “The groundless refusal to provide information to citizens or NGOs
has become very common”, the annual repot specifies. The quoted examples are
the non-provision of information requested by “Investigative Journalists”
NGO by the Yerevan municipality, despite the court ruling, and the similar
case of Vanadzor Branch of the Helsinki Citizens Assembly, which got access
to necessary information only after the lengthy court process. Besides, the
notions of “commercial secret” and “personal data” are given loose
interpretation. The unreserved implementation of the requirements of the Law
“On Freedom of Information” by the authorities and administrative structures
of all levels is one of the most important guarantees of human rights
protection, the annual report of the Armenian Ombudsman reminds.

AIR OF “ANKYUN+3” CUT OFF

On April 22 “Ankyun+3” TV company (Alaverdi, Lori region) went on air with
almost a three-hour delay. As YPC was told by the Director of the TV company
Sos Siradeghian, the reason was the damage of cables, connecting the studio
to the TV tower. The damage was revealed at about 18.00, right before the
start of the broadcasts. The cables drawn to the TV tower on the roof of the
neighboring building were cut by nippers. In the opinion of “Ankyun+3” head,
the incident is related to the election campaign for the position of
Alaverdi Mayor currently underway (the ballot is to be held on May 8). Sos
Siradeghian noted, though, that all three candidates for the position of the
head of the municipality expressed their indignation at the occurrence. The
Director of the TV company also informed that he had notified the
territorial subdivision of the RA National Security Service. A report on the
incident was shown the next day, on April 23, by the newscast of “Ankyun+3”.

“INVESTIGATIVE JOURNALISTS” DEMAND TO COMPENSATE LOSSES

On April 22 at the court of primary jurisdiction of Center and Nork-Marash
communities of Yerevan the process on the suit of “Investigative
Journalists” versus Republic of Armenia started. The plaintiff demands to be
compensated the court losses and other expenditures incurred during the
lengthy litigation against the Yerevan municipality. The losses are
estimated to be 308,000 AMD (over $ 700).

A year ago, on April 14, 2004, “Investigative Journalists” filed a suit with
the court of primary jurisdiction versus Yerevan municipality, demanding to
oblige the latter to provide the resolutions, necessary for journalistic
investigation. The documents requested were adopted by the municipality in
1997-2003 and referred to the construction in the public green zone around
the National Opera and Ballet Theater. Courts of primary and secondary
jurisdiction rejected this claim, the court of supreme jurisdiction directed
the case for repeated consideration of the Court of Appeals (in new
composition), which secured the claim. Then the municipality challenged the
ruling made, however, on February 10, 2005, the Court of Cassation left it
unchanged (see YPC Weekly Newsletter, February 11-17, 2005). Despite the
ruling, the city authorities did not provide the documents and on March 17
“Investigative Journalists” addressed the RA Compulsory Execution Service.
According to the law, the time, allocated to compulsory execution of court
ruling, makes two months.

At the court session of April 22 the representative of the RA Ministry of
Finance (which, according to the legislation, is a respondent on such cases)
made a motion to involve the Yerevan municipality as a second respondent, to
determine why the latter does not comply with the court ruling. The motion
was secured.

The next session is scheduled for May 13.

TWO APPLICANTS FOR GIGAHERTZES

On April 22 the National Commission on Television and Radio considered bids
submitted to the broadcast licensing competitions for frequency diapasons of
2300-2400 MHz and 2500-2700 MHz in Yerevan. As it has been reported, the
competitions were announced on January 12 (see YPC Weekly Newsletter,
January 7-13, 2005).

Each of the frequencies on tender got one bidder: “A-UP” CJSC is applying
for 2300-2400 MHz, “AATVC” CJSC – for 2500-2700 MHz. As YPC was informed by
the NCTR, the competition results will be announced on June 10.

STRONG DRINK TV ADVERTISING TO STOP FROM SUMMER

On April 20 the National Commission on Television and Radio held a working
meeting of NCTR Chairman Grigor Amalian with the heads of the national and
local TV companies. At the meeting the issues of strong alcoholic drinks
advertising, actively broadcast on Armenian TV air, was discussed. According
to NCTR representatives, the National Commission is not always able to apply
sanctions to broadcasters due to the imperfection of the RA Law “On
Advertising”. As it has been reported, the amendments to the Law,
prohibiting, in particular, the advertising of strong beverages (but for
brandy) and tobacco products in broadcast media, were adopted by the
Parliament on June 26, 2002 and enacted since January 1, 2003 (see YPC
Weekly Newsletter, June 22-28, 2002). Yet the amounts of alcohol,
particularly, of vodka type, on the air did not reduce since that time. The
TV companies started to indirectly advertise alcoholic drinks by brand
promotion, since the Law did not stipulate any punishment for such a
“trick”. However, this “indirectness” was so straightforward that the
viewers had no doubts as to the advertising object.

At the NCTR meeting it was agreed to completely stop the TV advertising of
strong alcoholic drinks since June 1, 2005.

THE LAW “ON FIGHT AGAINST TERRORISM” RESTRICTED THE RIGHTS OF MEDIA

On April 19 the President of Armenia Robert Kocharian signed the RA Law “On
Fight Against Terrorism”, approved by the RA National Assembly on March 22.
As it has been reported, the draft passed the second hearing on March 1 and
some of its provisions alarmed the journalistic community, since they
restricted the right of media representatives to access and dissemination of
information, related to terrorism (see YPC Weekly Newsletter, February 25 –
March 3, 2005).

The changes in the final text of the document did not essentially affect the
restrictive provisions on media activities. In particular, Article 14 of the
Law prohibits the dissemination of information that disclose the methods and
devices used in antiterrorist actions, can obstruct their implementation and
represent danger for the life and health of citizens, as well as are
directed to promotion or justification of terrorism. Besides, the
journalists are not allowed to disseminate information on the activities of
state bodies, participating in the anti-terrorist actions, the staff of
special services and their subdivisions on fight against terrorism, as well
as on people who assisted the anti-terrorist actions.

In other words, provisions have come into force that can very loosely be
interpreted and become another barrier for the “fourth estate”. Taking into
account the numerous problems that the country has with free expression and
access to official information, the risk, that this is what will happen, is
quite high.

NCTR MEMBERS APPOINTED

On April 13 the President of Armenia Robert Kocharian signed a decree on
appointing Zhirayr Dadasian, Ara Tadevosian and Simavon Andreasian members
of the National Commission on Television and Radio with a six-year term of
service. The competition to fill in the three vacancies in NCTR was
announced on March 24 and held on April 9 by the competition commission,
formed by the RA President. According to the commission announcement,
published on April 15, it presented to the head of the state the competition
winners and the written justification for its choice. The motivation given
by the competition commission was that Zhirayr Dadasian, Ara Tadevosian and
Simavon Andreasian, “in comparison to other applicants, are more up to
criteria , defined by the law”. In particular, it was noted that the
“winning candidates have rich professional experience (the professional
activities of Ara Tadevosian and Simavon Andreasian also includes work with
NCTR till 2005), are known in their spheres as competent, respectable
personalities”.

As it has been reported, there were 10 bids for the competition, also from
the three former NCTR members (see YPC Weekly Newsletter, April 1-7, 2005).
Thus, in the composition of National Commission on Television and Radio only
one actual replacement took place: the artistic director of Yerevan State
Pantomime Theater Zhirayr Dadasian came to replace the head of TV journalism
chair of the Yerevan State University Mushegh Hovsepian.

SOUTH CAUCASUS ON THE WAY TO EUROPE

On April 22 in Yerevan the presentation of “Three Attempts of European
Integration” was made. The book is published by Armenian “Region” Research
Center of the “Investigative Journalists” NGO under the project “The
Caucasus’ Way to Europe: Three attempts of European Integration”, supported
by Yerevan Office of the European Commission Delegation in Georgia and
Armenia. It features results of surveys, administered among the leaders of
political parties of Armenia, Azerbaijan and Georgia, analytical pieces and
materials of an Internet-conference on the problems and prospects of
European integration of three countries of South Caucasus.

BRONZE WINNERS OF THE FOOTBALL TOURNAMENT

On April 10-13 in Odessa a mini-football tournament was held among the
journalistic teams of CIS countries. In the competitions, devoted to the
60th anniversary of the victory in the Great Patriotic War, six teams took
part – from Yerevan, Volgograd, Minsk, Nikolaev and the hosts of the
tournament, represented by two teams. The gold winner was Odessa-1 team, the
silver was gained by Volgograd team, and the bronze was taken by the
Armenian team, having three victories and two defeats. This is not the first
success of Armenian journalists in similar competitions. In 2002 in Yerevan
the Armenian team was the champion, and in 2001 – the bronze winner in
Moldova.

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Editor of YPC Newsletter – Elina POGHOSBEKIAN
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Yerevan Press Club
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Tel.: (+ 374 10) 53 00 67; 53 35 41; 53 76 62
Fax: (+374 10) 53 56 61
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