CONSTITUTION DOES NOT PROVIDE GUARANTEES

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| 13:07:56 | 11-06-2005 | Politics |

Article 24 of the acting Constitution says, “Everyone is entitled
for to freedom of speech, including the freedom to seek, receive and
disseminate information and ideas through any medium of information,
regardless of state borders.” This proves that mass media should be
free and independent, however the Constitution does not guarantee it.

“The existence of an independent National Committee on TV and Radio is
not fixed in our principal law. Over this reason the Venice Commission
has may times proposed to fix the order of formation of the body
in the Constitution “, specialist of constitutional rights Vardan
Poghosyan noted. He stressed that the constitutions of all the states
provide for guarantees for independent pass media. “In countries like
Armenia there was never a real public TV or radio company . All the
companies are only instruments for political power. And it is the
acting constitution that forbids the NA to appoint a part of members
of the so-called independent NTRC”, he added.

The coalition’s draft constitutional amendments the following
clauses have been added, “Freedom of mass media and other sources of
information. The state guarantees the existence and activity of public
independent television and radio with a variety of informational,
cultural and entertainment programs. Proceeding form freedom,
independence and variety of information sources the broadcast is
controlled by an independent body, the decisions of which can be
re-considered in the court.” However the authority of the NA underwent
no changes: it cannot appoint NCTR.

“As compared to the acting Constitution only declarative clauses have
been expanded, but mechanisms are absent. Formation of the NCTR without
the NA means that all the members of the Committee will be appointed
by the executive power – either the President or the government”,
Vardan Poghosyan says.

He assures that the guarantees of the independent activity of the
NCTR should be necessarily fixed in the Constitution and at least
half of the members should be appointed by the National Assembly.

Victoria Abrahamyan