YEREVAN PRESS CLUB WEEKLY NEWSLETTER
JULY 8-14, 2005
HIGHLIGHTS:
STATEMENT OF SEVEN NGOs ON AMENDMENTS TO RA CONSTITUTION
THIRTY-THIRD AND LAST “PRESS CLUB” SHOW
STUDY ON NATIONAL MINORITIES OF ARMENIA
PUBLIC HEARINGS ON THE DRAFT LAW “ON MANDATORY COPY OF DOCUMENTS”
PTRC A FULL-FLEDGED MEMBER OF THE EUROPEAN BROADCASTING UNION
SERVER OF “INVESTIGATIVE JOURNALISTS” OUT OF ORDER
OSCE REPRESENTATIVE ON FREEDOM OF THE MEDIA PRAISES TURKEY FOR CHANGING
PENAL CODE
STATEMENT OF SEVEN NGOs ON AMENDMENTS TO RA CONSTITUTION
On July 13 seven NGOs of Armenia passed a joint statement on the draft
amendments to the RA Constitution.
The statement, signed by Yerevan Press Club, Journalists Union of Armenia,
Internews Armenia, Committee to Protect Freedom of Expression,
“Investigative Journalists”, “TEAM” Research Center and “Asparez”
Journalist’s Club of Gyumri, says:
“On July 7, 2005 the RA authorities sent the draft amendments to the RA
Constitution to the discussion of the Venice Commission, and on August 29 an
extraordinary session of the RA National Assembly is summoned to consider
the document.
The draft amendments to the Constitution have a provision, according to
which the members of the authority (here and below emphasized by statement
signatories), regulating the electronic media, are appointed by the RA
National Assembly upon the nomination by the RA President. According to the
draft authors, it is compliant with the Agreed Conclusions and Follow-up of
the Constitutional Reform Process, adopted at the meeting between the
European Commission for Democracy Through Law (Venice Commission) and the
Armenian authorities on June 23-24, 2005 in Strasbourg, one of the clauses
of which provides for the involvement of the National Assembly in the
process of nomination of the members of media regulatory authorities.
We insist that the corresponding definition in the draft, submitted for the
assessment of the Venice Commission, does not provide the best solution to
the issue of media freedom, independence and plurality and does not
adequately express the principles set in the Agreed Conclusions.
Firstly, the draft amendments make a reference to one regulatory authority
(this was explained by the authors to be referring to the authority,
regulating the private broadcasting), while according to the RA Law “On
Television and Radio”, there are two such bodies – the Council of Public
Television and Radio Company and the National Commission on Television and
Radio. Therefore, the provision must have referred not to one authority, but
to authorities, particularly, since the Agreed Conclusions mention “media
regulatory authorities “. The phrase “regulatory authorities for
broadcasting”/ “broadcasting regulatory bodies” is also used in
Parliamentary Assembly of the Council of Europe Resolution 1458(2005) on
Constitutional Reform Process in Armenia.
Secondly, it would be more reasonable and effective that the National
Assembly, as a representative institution that expresses the interests of
various groups of society, nominate the members of the regulatory bodies,
and the President, as the constitutional guarantee and the head of state,
make the appointment. This will ensure the active involvement of various
power branches and of the public in the formation of these bodies. Further
on, after reform of the Constitution, the procedure for nomination by the NA
and approval or rejection by the President of the regulatory body members
will be defined by the amendments to the Law “On Television and Radio”.
We also believe that the Constitution should contain a provision that
prohibits any form of censorship. This proposal of ours is based on the
reality that in countries committed to democracy that used to have
censorship agencies in their recent past retain the threat of introducing
certain forms of disguised censorship. The provision on prohibiting any form
of censorship in the Constitution will be a guarantee for eliminating its
concealed manifestations in different laws.
We call on the RA National Assembly to include the provisions proposed by us
in the draft to be submitted for the second hearing.”
THIRTY-THIRD AND LAST “PRESS CLUB” SHOW
On July 11 on the evening air of the Second Armenian TV Channel the
thirty-third and last “Press Club” show was issued. The cycle is organized
by Yerevan Press Club under a homonymous project, supported by the OSI
Network Media Program.
The discussion subject of the representatives of leading media and
journalistic associations was the problems of media in the independent
Armenia. In the second part the program participants expressed their
opinions on the activities of Yerevan Press Club in the context of the 10th
anniversary of the organization on July 18 as well as on “Press Club” show
prospects.
STUDY ON NATIONAL MINORITIES OF ARMENIA
On July 8 the Journalists Union of Armenia hosted the presentation of the
second volume of the study “National Minorities of Republic of Armenia in
Modern Conditions of Civil Society Development”. The assistance in the
organization of the presentation was provided by Yerevan Press Club and the
London-based Media Diversity Institute (MDI). The book, edited by the
candidate of history, docent of Yerevan State University Yuri Mkrtumian was
produced by a group of authors, representing the Institute of Archeology and
Ethnography of the RA National Science Academy and “Vostan” Center of
Ethnocultural Studies, with the financial support of Open Society Institute
Assistance Foundation-Armenia. The first volume of the study was published
in 2000.
PUBLIC HEARINGS ON THE DRAFT LAW “ON MANDATORY COPY OF DOCUMENTS”
On July 8 in Yerevan public hearings of the draft law “On Mandatory Copy of
Documents”, organized by Partnership for Open Society Initiative, were held.
The draft, developed by the RA National Assembly Standing Committee on
Science, Education, Culture and Youth Issues, was presented by the head of
the Committee Hranush Hakobian. The document stipulates in particular a
mandatory provision to libraries of at least 4 copies of periodical print,
audio and video production. On May 26 the draft was adopted by the RA NA in
the first hearing, and a number of its provisions is in need of changes and
clarifications, which has necessitated the conductance of public discussion
with the involvement of interested organizations.
PTRC A FULL-FLEDGED MEMBER OF THE EUROPEAN BROADCASTING UNION
At the 56th General Assembly of the European Broadcasting Union (EBU), held
on July 7-8 in Dubrovnik (Croatia), the Public Television and Radio Company
of Armenia became a full-fledged member of this professional association of
national broadcasters. Since 2004 PTRC was an associated member of the EBU.
Thus, the Public TV and Public Radio of Armenia gained the right to
rebroadcast programs and participate in the projects of EBU.
SERVER OF “INVESTIGATIVE JOURNALISTS” OUT OF ORDER
On the evening of July 8 the server that hosted the web-page of
“Investigative Journalists” NGO and is located in the USA went out of order.
In the press release of “Investigative Journalists” of July 11 it was stated
that the server had been damaged by professionals, but it was so far unclear
from where the attack was made. In the interview to “Aravot” daily (July 13,
2005) the head of “Investigative Journalists” Edik Baghdasarian said that
the hacking might be related to the publications of a number of journalistic
investigations in “Hetq” online newspaper of the organization.
OSCE REPRESENTATIVE ON FREEDOM OF THE MEDIA PRAISES TURKEY FOR CHANGING
PENAL CODE
On July 7 the Vienna-based Office of the OSCE Representative on Freedom of
the Media issued a press release on the amendments to Turkey’s Penal Code,
adopted by the parliament of the country on June 29. Praising the amendments
made, the OSCE Representative on Freedom of the Media Miklos Haraszti
stressed at the same time that “despite some improvements, the amendments
for not sufficiently eliminate threats to freedom of expression and to a
free press”.
According to the expert assessment, presented by the Office of the OSCE
Representative in May, 23 provisions were to be revoked from Turkey’s Penal
Code. Seven provisions have been brought into line with media freedom
principles, the press-release noted, and “the deletion of most of the
provisions which assumed stronger sanctions when the media was involved” is
approved.
In particular, the OSCE Representative welcomed the fact that Article 305
(offences against fundamental national interests) of the Penal Code of
Turkey no longer stipulated criminal liability in two cases: when a demand
is made to withdraw Turkish troops from Northern Cyprus and when it is
claimed that Armenians were exposed to genocide.
At the same time Miklos Haraszti noted that in three major areas the media
freedom remains endangered, namely: the right of journalists to report and
discuss on public-interest issues is not secured; restrictions on access and
disclosure of information have not been lifted; defamation and insult
provisions remain a criminal rather than a civil offence, thereby leaving
the free discussion of public affairs at risk.
The OSCE Representative expressed his hope that modernization of Turkish
Penal Code would continue in the spirit of improving the freedom of public
scrutiny, while the provisions promoting self-censorship would all be
removed.
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Editor of YPC Newsletter – Elina POGHOSBEKIAN
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