YEREVAN PRESS CLUB WEEKLY NEWSLETTER
FEBRUARY 5-11, 2010
HIGHLIGHTS:
"PRESS CLUB" CYCLE: ARMENIA AND INTERNATIONAL ORGANIZATIONS
MEO CONCLUSION ON THE APPEAL OF THE CHIEF EDITOR OF "DELOVOY EXPRESS"
NCTR WORKS OUT CRITERIA TO ARTICLE 24 OF BROADCAST LAW
INVESTIGATION ON THE ATTACK OF NVER MNATSAKANIAN WITHHELD
RA CONSTITUTIONAL COURT REVOKED THE COMPLAINT OF FOI CENTER
"MEDIA AND ADVOCACY" BOOK ISSUED
"PRESS CLUB" CYCLE: ARMENIA AND INTERNATIONAL ORGANIZATIONS
On February 9, another "Press Club" show went on the air of "Yerkir Media"
TV company. The cycle is produced under Yerevan Press Club project,
supported by the Open Society Institute. The guests of the program host, YPC
President Boris Navasardian were Larisa Alaverdian, deputy of RA National
Assembly, Secretary of "Heritage" faction, and Artashes Shahbazian, deputy
of RA National Assembly from "Dashnaktsutiun" faction. The discussion
centered on the cooperation of Armenia with international organizations in
frames of the composition of the PACE Armenian delegation, regarding the
exclusion of representative of "Heritage" opposition party.
The next "Press Club" show will be aired on "Yerkir Media" on February 16,
at 21.15.
MEO CONCLUSION ON THE APPEAL OF THE CHIEF EDITOR OF "DELOVOY EXPRESS"
On February 4 the session of Media Ethics Observatory was held at Yerevan
Press Club. As it has been reported, MEO was formed on March 10, 2007 by the
heads of Armenian media who supported the YPC self-regulation initiative
(see YPC Weekly Newsletter, March 9-15, 2007). Its mission consists in
considering the complaints-appeals regarding the violation of the Code of
Conduct of Media Representatives and giving its opinion on them. Currently
the Code of Conduct and its addendum, the Declaration on Election and
Referendum Coverage Principles, are signed by 41 entities, representing 44
media. The initiative is also supported by 8 journalistic associations.
At the session MEO considered the appeal of Eduard Naghdalian, Chief Editor
of "Delovoy Express" business weekly. On February 1, 2010 Eduard Naghdalian
addressed a request to MEO to render an expert judgment on the complaint of
Mr. Vardanian, Director of "D.E.L.V" LLC, submitted to the weekly. According
to Mr. Vardanian, the advertising article, titled "Sophia-Yerevan-Beijing"
and published in "Delovoy Express" on December 8, 2009, contains a number of
untrue expressions, discrediting his company. The head of "D.E.L.V" LLC
demanded to remove the abovementioned article from the weekly website and to
publish a corrective advertisement.
The MEO expert judgment notes that according to Article 23 of RA Law "On
Advertisement", the advertising medium is not responsible for the
advertising content, consequently the demands of the "D.E.L.V" Director to "
Delovoy Express" are groundless. At the same time, MEO emphasized that these
demands can be addressed not to the weekly, but to the advertiser. Besides,
the dispute is subject to adjudication in front of the court, thus the
advertiser must appear as defendant in line with Article 19 of RA Civil
Code. Moreover, the complainant is entitled to publish an advertisement in
"Delovoy Express" (based on the principle of granting equal opportunities to
advertisers, implied by the Code of Conduct of Media Representatives). The
complainant has the right to require to publish the advertisement in the
same volume, in the same place, on the same terms, and to put in the
weekly’s website, as the piece – subject of the dispute, the MEO judgment
notes.
NCTR WORKS OUT CRITERIA TO ARTICLE 24 OF BROADCAST LAW
The expert commission, established under the National Commission on
Television and Radio, has released a draft of criteria for erotic TV and
radio programs, films, containing horror and violence scenes, as well as
programs which could have negative influence on the health, mental, physical
growth and education of minors. The document is developed in compliance with
the requirements of Article 24 of RA Law "On Television and Radio",
authorizing the broadcast of such programs only at night (from 24.00 till
6.00).
The draft of the bylaw was placed on the NCTR website, as well as discussed
by the heads of Armenian TV companies on February 4. According to the
information of the website of the broadcast regulatory body, all the
interested persons could present their proposals to the document until
February 8.
As regards the content of the draft, if the criteria, defining erotic,
violence, horror and cruelty, are overall in accordance with the
conventional standards, then some descriptions of what could negatively
affect the minors, cast on doubts. For instance, what are the indications to
determine "a distorted, inadequate coverage of historical events and
present-day life", or "humiliation and discredit of spiritual, cultural
values, and prominent representatives of the nation"? And what should one
mean by the restriction on "imitation of drug-addicts and alcoholics"?
These concerns gain more actuality, as the regulatory body has so far failed
to followup adequately the evident violations of the broadcast legislation
in such spheres, like coverage of electoral campaigns, advertisement,
broadcast language, etc. So how NCTR (or another authorized body) is going
to apply the abovementioned blurred restrictions, which assume a broad and
subjective interpretation?!
INVESTIGATION ON THE ATTACK OF NVER MNATSAKANIAN WITHHELD
The investigation on the case of attack on Nver Mnatsakanian, the author and
the host of "Perspective" program cycle of "Shant" TV company, is withheld,
as informed the Head of RA Police Alik Sargsian at a press conference on
February 10. As it has been reported, on May 6, 2009 about midnight two
strangers, who were waiting for Nver Mnatsakanian to come back from work,
attacked him at the entrance of his house. Giving blows to the journalist
and knocking him off his feet, the assaulters escaped. Criminal proceedings
were instituted by Mashtots Department of Yerevan Police on Point 3 of Part
2 of Article 113 of RA Criminal Code ("Intentional Average Health
Injuries"). In the course of investigation the police had arrested two young
men, but the version about their involvement in the crime was not affirmed
(see YPC Weekly Newsletter, September 3-10, 2009).
As the Press Service of RA Police told YPC, the withdrawal of the case is
conditioned by the absence of identification of assaulters.
RA CONSTITUTIONAL COURT REVOKED THE COMPLAINT OF FOI CENTER
On February 5 RA Constitutional Court released the ruling on the compliance
of Articles 151 ("The Order of Examination of Cases on Bringing to Justice")
and 152 ("Requirements to Applications for Bringing to Justice") of the RA
Administrative Procedure Code with the Main Law. As it has been reported, on
September 9, 2009 the respective complaint was submitted by the Freedom of
Information Center. The reason for filing the Constitutional Court became
the inconsistent application of Articles by the judges while examining cases
on violations of information right (see YPC Weekly Newsletter, September
3-10, 2009).
According to the decision of Constitutional Court, Articles 151 and 152 of
Administrative Procedure Code are in compliance with the Main Law. At the
same time, the Court noted that the issue raised by FOI Center deals with
the imperfection of the legislation and can be overcome by amending the
Administrative Procedure Code.
"MEDIA AND ADVOCACY" BOOK ISSUED
A book, titled "Media and Advocacy", was issued. The book is published by
Committee to Protect Freedom of Expression within a project supported by
Open Society Institute Assistance Foundation-Armenia and Government of
Netherlands. The brochure includes a report on situation with regional
media, analysis of the expert survey data on freedom of local and national
media, the Committee annual report on violations of rights of journalists
and media in Armenia in 2009. The book is issued in Armenian, English and
Russian under one cover.
When reprinting or using the information above, reference to the Yerevan
Press Club is required.
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Editor of YPC Newsletter – Elina POGHOSBEKIAN
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