independent radio in central and eastern europe: … · most governments in central and eastern...

INDEPENDENT RADIO IN CENTRALAND EASTERN EUROPE:

COUNTRY BY COUNTRY REPORTS

Wolfgang HirnerMarch 1996

Copyright AMARC-Europe 1996

This is a report from the AMARC-Europe Open Channels 1995 programme carried out in partnership with the Open Society Institute - Regional Media Program and with the financial support of the Phare

and Tacis Democracy Programme, a European Union initiative to help promote democratic societies in the countries of central and eastern Europe, the Newly Independent States and Mongolia

INDEPENDENT RADIO IN CENTRALAND EASTERN EUROPE:

COUNTRY BY COUNTRY REPORTS

Researched and compiled by

Wolfgang HirnerMarch 1996

Copyright AMARC-Europe 1996

AMARC-Europe is the European section of the World Association of Community Radio Broadcasters, the world-wide network of independent community-based and

participatory radio stations. Its aim is to support, promote and defend the interests of community radio broadcasters through solidarity and international co-operation.

Further information on AMARC-Europe is available from:

AMARC-Europe, 15 Paternoster Row, Sheffield, S1 2BX, U.K.Tel: +44 114 279 5219, Fax: +44 114 279 8976

E-mail: [email protected]

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CONTENTS

INTRODUCTION

ALBANIA

BELARUS

BULGARIA

CZECH REPUBLIC

ESTONIA

HUNGARY

KAZAKHSTAN

KYRGYSTAN

LATVIA

LITHUANIA

MOLDOVA

POLAND

ROMANIA

RUSSIA

SLOVAKIA

SLOVENIA

UKRAINE

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6

10

12

15

19

22

25

27

29

32

35

38

42

45

49

52

55

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INTRODUCTION

Since 1989 there has been a rapid growth in independent media across central and eastern Europe. The old state monopolies on broadcasting have been removed but the new forms which have replaced the old certainties have varied enormously from country to country.

Most governments in central and eastern Europe now pay lip service to the freedom of information and expression but it is free enterprise and the opening up of markets which have driven the transition from state broadcasting monopolies to an environment in which independent media have found a foothold.

Three trends can be distinguished in the move to independent media in the local radio sector in central and eastern Europe. First is the privatisation of local radio stations formerly controlled by the state broadcasting organisations. Privatisation has taken place through a mixture of staff and management buyouts and external investment and ownership. In most cases some forms of commitment to public service have been retained as is the case, for example, in Poland and Slovenia.

Second is the awarding of new independent radio licences to commercial companies often with western European or U.S. backers. Most of these new services are rather conventional commercial music radio stations carrying pop, rock and easy listening. Some re-broadcast news from external sources such as Voice of America, BBC World Service, Deutsche Welle and Radio France Internationale. Poland and the Czech Republic, for example, have hosted an explosion of private commercial radio stations.

Third is the emergence of what is perhaps best described as civic sector radio. These services emphasise news, information, social issues and local culture. They broadcast a wide diversity of speech and music content and see their role as contributing to the development of a plural and democratic culture. These are the radios which most resemble western European community radio stations. Hungary is the first central European country to legislate specially for a new civic sector of radio.

Only a few governments have positively encouraged the emergence of a pluralist media, notably Hungary and Slovenia, and many retain the vestiges of state control through other means, such as fiscal and licensing measures. Belarus and Croatia are amongst the least permissive regimes in which governments, directly or indirectly, exercise effective control over most of the radio landscape.

This report provides a country by country analysis of the media in central and eastern European highlighting the development of radio in particular, and summarising the legal and regulatory frameworks within which these radio stations exist.

The report was researched and compiled by Wolfgang Hirner with additional editing by Tony Harcup and Steve Buckley.

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ALBANIA

Background, history and brief media landscape The political situation in Albania at the time of writing is very confused. The information below was gathered before the fall of President Sali Berisha in March 1997.

Before Albania`s first post-Communist elections in 1991 the press was strictly controlled and had to serve the interests of the ruling Communist Party. Censorship was amongst the strictest of all former Communist countries. Many critical journalists were jailed or exiled. An alternative or underground press simply did not exist.

The first post-Communist newspaper, Rilindja Demokratie, emerged in January 1991. It is owned by the Democratic Party, which came into power after the 1992 elections. The paper had a circulation of 30,000 immediately before the elections, but this declined dramatically afterwards to about 8,000.

The three other daily newspapers are the Socialist Party´s Zerri i Poppulit (Voice of the People); Gazetta Shqiptare, owned by the Italian Gazetta del Mezzagiorno; and the independent Koha Jone. The latter recently launched the country’s first private distribution company .

Albanian newspapers face serious economic problems because of extremely high taxation: 30% customs duty on paper, 15% circulation tax, 15% tax on advertising, 20% tax on wages. It seems that the Government hopes to put independent publications out of business through such high taxes.

Another major problem facing the newspapers is distribution. Some 65% of Albanians live in the countryside where the postal service is very bad. The state-controlled distribution system reaches only about half the population.

Television and radio are still strictly controlled by the Government. While state radio and television are nominally independent, and officially answer only to parliament, in reality the state broadcasting company Shqiptar is a mouthpiece for the party in power. But it would be unfair to say that no changes have been made. A relatively new phenomenon are live programmes with audience participation, something which was unheard of in the Communist era. The state broadcasting company has started co-operating with other European broadcasting companies, and it also has some correspondents in foreign countries - ending the decades of isolation in the field of broadcasting.

The Parliamentary Media Commission is currently discussing a broadcast law to regulate private broadcasting.

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Radio landscape

NationalState radio: Radio Tirana (daily 20 hour programme)International programme on the Shortwave band

Regional and local4 local state radios: Radio Korca, Radio Shkodra, Radio Gjirokastra (which also broadcasts half-an-hour a day in Greek for the Greek minority in southern Albania), Radio Kukesi ( in the districts Kukes, Dibra, Troboja, Puka and for the Albanian minority in Yugoslavia)Private Radio Vlora in Tirana worked as a pirate radio station, but was recently closed down. It was run by Fernando Llambro, a 34-year-old electrician. Radio Vlora 104 FM attracted listeners in an 80 kilometer range.

Legal and regulatory aspects

There is not yet any post-Communist constitution in Albania. The law on Majority Constitutional Provisions of 29April 1991, as amended in 1992, serves as a temporary constitution. A referendum on a draft constitution was held on 6 November 1994, but was rejected by 60% of voters.

A restrictive press law was adopted on 11 October 1993 by the People’s Assembly. The more dangerous provisions include Article Nine, which lays down stringent personal requirements for editors; Articles 12 to 17, which allow publications to be seized; and Article 18, which allows the removal of a publication from circulation on the basis of vague criteria. Gathering information from different Government institutions is very difficult under the law, as the absence of clear criteria allows bureaucrats to decide what is a state secret.

A scandalous provision in Albania’s criminal code allows prison sentences of between three months and five years for denigrating the President of the Republic or the Albanian nation and its symbols.

A broadcast law, regulating private broadcasting, was expected to be approved during 1996.

References

Magazines

Sullivan, Marianne: Albanians still struggle for information. In: Transition Vol.2 No.18, 6 October 1995.

Balkanmedia, Volume IV/2/1995

Balkanmedia, Volume III/3/1994

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Reports

Freedom House: Nations in Transit, New York 1995.

Books

Muench, Jochen W., Simaku, Gaquo: Die albanischen Massenmedien - von der Diktatur zur Demokratie. In: Osteuropa. Medianlandschaft im Umbruch. Vistas, Berlin 1994.

Ballauri, Elsa: Das Rundfunksystem Albaniens. In: Internationales Handbuch fuer Hoerfunk und Fernsehen 1994/95. Baden Baden, Hamburg 1994.

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BELARUS

Background, history and brief media landscape

Since Belarus became independent, the number of registered publications in the country has increased from 200 to more than 800. But that does not mean that freedom of the press has also increased. State-founded publications account for 90% of national circulation. There are about 30 publications in Belarus which are completely independent of Government control, but most are small and poorly funded.

After Alyaksandr Lukashenka became President in 1994 the situation for media independence got worse. There was a notable increase in Government interference in the media. In the first few months of 1995 several editors were dismissed from influential state-run newspapers by the President, who also placed limitations on media coverage of the parliamentary elections.

In addition to one Belorussian state TV channel, two Russian channels also broadcast into Belarus. Several independent television companies operate at a regional level.

There are five non-state radio stations operating on a local or regional level. But, due to the political situation, there is little likelihood of new frequency allocations in the near future. To date, no radio station has been given a licence to broadcast in cities other than the capital Minsk; and cable Radio NBC in Grodno has been trying without success to obtain a licence since 1993.

Radio landscape

National:1 national state channelRegional: 5 regional state radios - Radio Free Europe/Radio Liberty (Minsk unit of Radio Free Europe) on the medium wave band.Local-Private: Radio Roks (Minsk unit of the Russian Radio Roks station)Radio B-A (American-Russian joint venture, Christian radio)A state controlled youth radio station has recently replaced Radio 101.2 a private radio station in Minsk, which was closed down in August 1996 (see below) NBC Radio (private cable radio in the City of Grodno, trying to receive a frequency)


Belarus’s new constitution of 1994 outlawed media monopolies, whether operated by the state, public associations or individual citizens. It also banned censorship. The constitution guaranteed citizens the right to information about the state and public

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associations. But the law and reality are not always the same thing. This was sadly illustrated towards to end of 1996 when the authorities ordered the closure of the popular Radio 101.2 in Minsk because they were “interfering with government frequencies”, and assigned the frequency to a state-run youth radio. A protest demonstration took place in Minsk, and AMARC-Europe organised an Action Alert to protest to the Belarussian government.

Until the adoption of a law on the press and other media in January 1995, the inspectorate of the Ministry of Communications was responsible for the allocation of frequencies. There is no regulation or special licensing procedure for private broadcasters.

According to the old Soviet law on the press and other media (adopted on June 12 1990) every applicant for private radio and television must be registered at the Ministry of Information.

There is no regulation of foreign investment in broadcasting.

The permanent Commission for Glasnost, Mass Media and Human Rights of the Supreme Soviet is the controlling institution over private broadcasting.

One very strange provision stipulates that private broadcasters must hand over to the state any privately owned transmitter. The state then runs the transmitter for five years, charging an operating fee. After five years the transmitter is automatically owned by the state.

References

Reports:Hiebert, Ray E.: Belarus report In: Looking to the Future: A survey of journalism education in Central and Eastern Europe and the former Soviet Union. A Freedom Forum report. Arlington 1994.

Freedom House: Nations in Transit. New York 1995.

Jefimova Nadja: The legal basis for Mass Media in the Republic of Belarus. In: Kleinwaechter, Wolfgang: Broadcasting in Transition. The changing legal framework in the eastern part of Europe.Netcom Papers 3, Leipzig 1993.

Magazines:Markus, Ustina: Belarus maintains strong control over most media. In: Transition Vol.1 No.18, 6 October 1995.

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BULGARIA

Background, history, and brief media landscape

Since the political changes of 1989 and the first multi-party elections in 1990, the Bulgarian media landscape has changed completely. In the printed media, a multitude of new publications emerged. At the moment there are about 1,500 titles available. All major newspapers are based in Sofia. The biggest one is 24 Chasa, which sells about 300,000 copies nationwide, followed by the former trade union paper Trud, and the independent daily Standart.

In the field of television, three private national channels have been licensed, although Nova Television remains the only one operational. Of some 40 licensed cable broadcasters only four are active, although over 100 unlicensed cable stations operate illegally. Also available are the independent news agency Balkan (covering the whole Balkan region) and the independent agency Lefs, which was founded two years ago.

The starting point for private radio was 1991, when the huge western radio stations of BBC, Radio Free Europe, Voice of America, RFI, and Deutsche Welle began transmitting in Sofia. The boom began in the autumn of 1992, and at the moment there are more than 70 private radio stations, mostly in the big cities. Radio Darik and Radio Express, with transmitters in several big cities, have the greatest chance of establishing a national network. Radio CanalCom has transmitters in Plodiv and Varna. Most of the radio stations started as pirates and became licensed afterwards. Nearly all stations transmit local news, popular music and entertainment. Only Radio Darik offers extensive news programmes, political reports and interviews.

There are two student radio stations in Bulgaria: Radio AURA at the American University in Blagoevgrad, and Radio Alma Mater in Sofia, which can be heard through Sofia’s cable network. Although most of Radio AURA’s income is from selling commercials, it could still be classified as non-profit radio, because the money is used for charity and re-investment in broadcast equipment. Radio AURA’s programming consists mostly of popular music, while Radio Alma Mater produces its own news programme, interviews, and special information for students.

Some radio stations co-operate with the big western radio companies, as Radio TNN has with the BBC, Radio Vitosha with VOA, and Radio Classic FM with RFE.

Most private radio stations have financial problems. On average, advertising covers less than the half their costs. In contrast to other eastern European countries, there is very little investment of western capital.

A union of Bulgarian private radio was formed in 1994 by radio stations Express, Tangra, Darik, FM+, Radio 99, and Vitosha (all based in Sofia), along with Radio Galatea from Varna, and Plovdiv-based Atlantic, Vesselina and TNN. In addition to banding together in a common cause, they also pooled advertising.

Radio landscape

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National2 state channelsHristo Botev (cultural and social issues)Horizont (news/information/commentaries)Regional6 regional state radio stationsPrivate radios: Radio Darik and Radio ExpressLocalAbout 70 local commercial radios, the most successful are Radio Tangra, Radio FM+ and Radio 99 in Sofia, Canal Com, Vesselina and TNN in Plovdiv, Radio Bravo and Radio Atlantic in Varna and Radio Pleven+ in Pleven.


The new constitution adopted in July 1991 laid down in some detail the right to free expression. Special provisions were devoted to the right to publicise and express opinions, to the freedom of the press, and to the right to obtain and disseminate information (Articles 39-41).

An additional legal guarantee is Article 54, under which artistic, scientific and technological creativity was recognised and guaranteed by the law. Article 31 enshrined “the right to publicise an opinion through words, written or oral, sound or image, or in any other way”, including the right of access to the mass media. Article 41 laid down that everyone shall be entitled to seek, obtain and disseminate information. Article 40, paragraph one, directly concerned the mass media. It stated that the press and other mass media should be free and not subjected to censorship.

However, the constitution also included some provisions which restricted the freedom of the media, using vague phrases such as “national security” and “morality”.

The Telecommunications Act is still a draft. Several decrees have been passed to regulate broadcasting. In 1991 the Council of Ministers adopted Decree No 114, which created the Committee of Post and Telecommunications.

Launching a station requires several licences, which are issued by three state institutions: the Provisional Radio and Television Channels Board, the inter-departmental Commission on Radio Frequencies, and the Committee of Post and Telecommunications. Licences for radio programmes are issued by the Provisional Radio and Television Channels Board, while licences for the use of a radio frequency (as well as for the development, production, construction or import of the broadcasting facility) are issued by the inter-departmental Commission on Radio Frequencies. The Committee of Post and Telecommunications issues licences for the use of radio stations. According to the Ordinance No.1 of the Committee of Post and Telecommunications, the maximum area a frequency should cover is an eight kilometres radius from the antenna.

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References:

BooksMilev Rossen: Das Bulgarische Rundfunksystem zwischen staatlichem Monopol und privater Initiative. In: Hans Bredow-Institut: Internationales Handbuch fuer Hoerfunk und Fernsehen 1994/95. Baden Baden, Hamburg 1994.

ReportsKonstandinow Emil: Broadcasting Law in Bulgaria. In: Kleinwaechter Wolfgang: Broadcasting in Transition. The Changing Legal Framework in the Eastern Part of Europe, Leipzig 1993.

MagazinesStoyanova Lili: The New Legislation. In Balkanmedia 1/94.Krause Stefan: Purges and Progress in Bulgaria. In: Transition Vol. 1 No 18, 6 October 1995.

InterviewsKoinova, Maria, Media Programme Coordiantor-Open Society Fund-Sofia, Sheffield 24 January 1996.

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CZECH REPUBLIC


Czechoslovakia was created in 1918 as a result of the dissolution of the Austro-Hungarian Empire. This so-called first republic maintained a democratic Government, and had a developed market economy based on private ownership which was relatively successful compared to its other eastern European neighbours. Between 1938 and 1945 the country was occupied by Nazi Germany.

After World War II, the Communists took control of the country and an authoritarian state was established. In 1968 a period of reform took place - known as the Prague Spring. This liberalisation movement was initiated by the Communist leader Alexander Dubcek. The Soviet invasion of August 1968 suppressed the uprising. The following years “normalised” the situation by reinstating the authoritarian regime and repressing the sprouting freedoms. The Communist hold over Czechoslovakia ended in November 1989 due to the Soviet glasnost movement. Vaclav Havel was elected President.

In 1992 the final change in the country took place. Slovak nationalists had been calling for their independence and it was granted on December 31 1992. Czechoslovakia was officially split into the Czech and Slovak Republics on January 1 1993.

The Czech Republic is more populous and economically stronger than the other half of the former nation. It is a parliamentary democracy, with the legislature divided into the Senate and the House of Representatives. Prime Minister Vaclav Klaus´s Civic Democratic Party (CDP) will continue to dominate politics, although the opposition Social Democratic Party (SDP) could gain political allies.

Privatisation is gaining momentum, encouraging a higher level of western investment than in other eastern European countries. Many new publications have emerged after companies formed joint stock ventures with foreign investors. Regional daily and weeky newspapers were sold, mostly to publishers from the neighbouring countries of Austria and Germany. But there are still a number of major newspapers, and many minor ones, which are entirely owned by the Czech people and by Czech firms. Examples are the former Communist publication Rudo Pravo, or Desky Denik, Prace, Svobodne Slovo and Telegraf. The newspapers with the largest circulation are Mlada fronta Dnes’s followed by Blesk and Rude Pravo.

In general, the number of newspapers and magazines has grown since the opening of the market and the influx of foreign investment.

In the field of television, Nova TV became the first nationwide commercial channel to go on air in a post-Communist country. Nova began broadcasting in February 1992, and according to opinion polls it can attract many more viewers than the Czech Public Service Television’s main channel CT1.

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With the opening up of the airwaves in 1991, a variety of radio stations started broadcasting. Many of them are dependent on foreign capital, and only a few of them are profitable.

The split of Czechoslovakia into two independent states did not bring major changes in the field of radio, because the radio programmes of the two Republics already mostly operated separately.

About 60 independent radio stations are members of the APSV CR, the association of private radios of the Czech Republic. Nearly all of them are commercial music stations. The only station with a more cultural approach is the Prague-based Radio 1.

Radio landscape

National: The state-owned radio company - Ceský rozhlas - broadcasts the following national radio programmes:Praha: full programe consisting of news, education, culture, and music;Radiozurnál: full music and information programme;Regina: common programme of the regional stations;Vltava: 24 hours cultural programme with classical music;Radio Praha: international programme on the shortwave-band.

Since the last quarter of 1993, there have also been private radio stations broadcasting nationally:Frekvence: commercial music programme; Radio Europe 2, Radio Golem and the Czech Bank joint-stock companie have a share in the Frekvence radio company;Radio Alfa: full programme consisting of news (55%) and music (45%), also domestic and foreign investment.Radio Kasdkol: a Czech project;Radio RG-Europe 1: a Czech-French joint venture.

Regional and local:There are about 60 regional and local private radio companies operating in the Czech Republic. Among them are, in the Prague region:Radio Alfa, Radio Lion, Radio Classic, Radio Lhota, Radio Preston, Radio Metropolis, Radio R.I.O, Europa 2, Country Radio, Radio Golem, Radio 1, Radio City, Radio Zlatá Praha, Kiss 98 Fm, Radio Bonton, Radio Vox, Radio Collegium.Operating in other cities or regions in 1995: Radio FM+, Radio Proton, Radio Europe2-West (Plzen), Radio Europe2-Most (Most), Radio Ekol S (Bystrice nad Olsí), -Radio Egrensis (Cheb), Radio Dragon, Radio Diana (both in Karlovy Vary), Radio Agara (Chomutov), Radio Faktor, Radio 21 (both in Ceské Budéjovice), Radio Euro K, Radio Contact (both in Liberec), Radio Profil (Pardubice), Radio Decín (Decin), Radio Hády, Radio Brno, Radio Krokodyl (all in Brno), Radio Orion (Ostrava), Radio Morava (Frydek Mistek), Radiohrad (Terlicko-Hradiste), Radio Zlín, Radio Publikum, Radio AZ (Zlín), Radio Rubi (Unicov), Radio Haná, Radio Pohoda (Olomouc), Radio Klub (ùstí n.L.), Radio Labe (Hradec Králové), Radio Cerná hora (Trutnov), Radio Panag (Pardubice), and Radio Sprint (Ostrava), Radio Hellax (Opava)

Radio 1

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Officially established in the spring of 1991, Radio 1 actually began broadcasting in the Autumn of 1990 as a pirate radio station. It was the first independent, privately owned radio station in the Republic. The difference between Radio 1 and other commercial radio stations is its music programme. Radio 1 concentrates on alternative, independent rock music. During its first four years of existence it became an important cultural phenomenom. By not being afraid of being different, and by exposing new cultural trends, Radio 1 has become the voice of a whole new generation of artists (painters, authors, musicians etc). While special programmes about cultural events, books, films and so on figure prominently in Radio 1´s programming, its main purpose is to spread quality music.


The constitution adopted on 16 December 1992 by the Czech National Council, which came into effect 1 January 1993 with the dissolution of the federal state, guarantees freedom of speech.

Czechoslovakia was the first post-Communist country in eastern Europe to adopt a new law in the field of broadcasting, namely the Federal Law No. 468/1991 on Radio and Television. It was passed by the federal parliament on October 30 1991 and remains in force despite the split of the country. Only the provisions relating to the Czech and Slovak Federation, the federal broadcasting system, and the federal Broadcasting Council are no longer valid, due to a decison of the Czech parliament. This law was the basis for the dual broadcasting system and it established a Federal Council on Radio and Television, consisting of nine members, as the highest broadcasting authority.

The split of Czechoslovakia into Slovakia and the Czech Republic also brought a split of the federal broadcasting system. The wish of both parts to gain sovereignity made it impossible to keep the existing regime. Step by step, the two countries began to create their own media legislation and their own institutions, especially in the broadcasting sector. During the separation conflict, the Czech parliament adopted two relevent laws valid for the Czech part of the federation: Czech Law No. 483/1991 which regulates sperately Czech television, and Czech Law No. 103/1992, which established a Czech Council on Radio and Television Broadcasting. This was also meant as a symbol of the political self-determination of the Czech Republic.

On December 22 1992, the Czech parliament adopted a new Czech broadcasting law, Law No. 36/1993, which is an amendment to the federal broadcasting law from October 1991.

As noted above, the law on the Operation of Radio and Television Broadcasts from October 1991 is still in force (with some exceptions relating to the federal system). Since then only a few amendments have been made. The law defines terms such as programmes, commercials, sponsorship etc. It regulates the rights and obligations of the operator, licensing procedures, the Council for Radio and Television Broadcasting, cable distribution networks and the amount of fines. According to the legislation, radio advertisements may not exceed five per cent of daily air time on public stations, or 20% on private stations.

More questionable is the fact that dangerous cross-media ownership is not explicitly forbidden, and there is no exact limit for foreign investment.

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References

ReportsBazant, Jaroslaw: The Czech Television Scene in 1992/93.

MagazinesKettle, Steve: The Czech Republic Struggles to Define an Independent Press. In: Transition, Vol. 1, No. 18, 1995.

BooksMarhoul, Vaclav: Die Medien in der Tschechischen Republik.In: Hallenberger, Gerd; Krzeminski (ed.): Osteuropa: Medienlandschaft im Umbruch. Vistas: Berlin, 1994.

Smíd, Milan: Das Rundfunksystem der Tschechischen Republik. In: Hans Bredow-Institut: Internationales Handbuch fuer Hoerfunk und Fernsehen 1994/95. Baden Baden, Hamburg 1994.

InterviewsWienerova, Lenka: Radio 1, Prague 6 December 1995

Legal TextsFederal Law No. 468/1991 on the Operation of Radio and Television Broadcasts, passed the federal parliament on October 30th, 1991

Czech Law No. 483/1991 on Czech Television

Czech Law No. 103/1992 on the Council of the Czech Republic for Broadcasting

Czech Law No. 36/1993 on some Measures in Radio and Television Broadcasting, adopted by the Czech parliament on December 22nd, 1992

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ESTONIA


While still under the control of the Communist Party in 1988, the media began to be agents of change, joining forces with the Popular Front during the period of the “singing revolution” from the spring of 1988 to the autumn of 1989. The media played an important role in Estonia´s move to independence. In 1989 Estonia elected a new parliament - still called the Supreme Soviet (Supreme Council) - which passed many laws indicating Estonia`s route to independence. In 1990 an Estonian Congress was elected, re-establishing the pre-war Republic of Estonia.

In 1987 there were 217 publications in Estonia, but between 1988 and 1993 nearly 500 periodicals were founded. Most were small local newspapers, but 47 were nationally ditributed newspapers, as well as 44 magazines and journals.

Financial problems hit a lot of newspapers in 1990-91 because of massive price rises for paper and printing. Paper shortages were caused by cutbacks in the paper industry of the USSR, and by political sanctions towards Estonia. The rising prices of newspapers led to a fall in the number of readers and subscribers. By 1993, most of the recently founded newspapers no longer existed.

In the field of television, one public channel is on air (Eesti Televisioon). There are also three large commercial televisions and four smaller television stations, which each broadcast for two to three hours a day. The bigger commercial stations are: TV3, Kanal 2, TIPP TV. A fourth station ,TV1, will start in the next months.

The National Estonian Broadcasting Company has four independent programmes and the world service. No private countrywide network exists, but two stations - Radio KUKU and B3 (Be free) - cover most of the country. B3 has one studio and several transmitter points. KUKU is a chain of local commercial stations with some separate programming.

There are about 20 local radio stations in Estonia. Twelve radio stations and six TV stations are members of the Association of Estonian Broadcasters. All have to cover their costs by selling commercials. Some of the stations are partly owned by the municipalities. There is also a religious station, Family Radio in Tallinn.

Local stations mainly broadcast on the FM 100 Mhz frequency band. Only one local station, Radio Tartu, still broadcasts on the FM 70 band. It is now impossible to get a licence for the FM 70 Mhz band, because the authorities want to keep this waveband clear until the year 2005. In rural areas local radios on the 100 Mhz band faced difficulties, because a majority of the listeners just had the old FM 70 Mhz recievers. But the situation is improving because the 100 Mhz radios are becoming cheaper. Transmission power is limited to 100 Watts in cities and 1 KW in rural areas. The power range of public stations is from 5 to 100 KW.Radio landscape

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NationalState radio: Radio 1 (called Vikerraadio [Variety-Radio]without advertisements)Radio 2 (commercial programme to finance the other channels)Radio 3 ( Klassikaraadio [Classic Radio], part-time programme, no advertisements)Radio 4 (Russian language programme; contains advertisements)World Service in English, German, Swedish and Finnish

Private network:Radio KUKU and Radio B3.

LocalAbout 20 local radios, 12 are members of the Association of Estonian Broadcasters


The operation of private radio and television is based on the constitution, which has two sections dealing with the mass media, and on the Broadcast Law, which was adopted in May 1994 by the Estonian Parliament. The Broadcast Law also established the status of public radio and TV in Estonia.

Two institutions are legally responsible for issuing licences: the ministry of culture and the Electric Communications Authority (ECA).

Applicants for a frequency who want to establish a new television or radio station must make an appeal to ECA to get a note that a frequency is available. Then the applicant should make a request for a licence from the Licence Commission at the Ministry of Culture. The applicant should then get a station project permission from the ECA. An experimental transmission should last for at least two weeks to ensure that the new station does not disturb other services. The duration of the programme licence is decided by the Ministry of Culture.

Discussions are continuing about improving and clarifying the law.

References

Reports:Sinisalo, Hando (1993): Local radio in Estonia. paper

Laan, Velo (1993): The History of Estonian local radio. paper

Loit, Urmas (1996): Commentary on the draft version of this report.

Harro; Halliki: Broadcasting in Estonia. In: Kleinwaechter, Wolfgang: Broadcasting in Transition. The changing legal framework in the eastern part of Europe. Netcom Papers 3, Leipzig, 1993.

Magazines:

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Markus, Ustina: Ahead of the Censors, but feeling the economic strain in the Baltics. In: Transition Vol.1 No.18, 6.October 1995.

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HUNGARY


In many ways, Hungary was the quickest eastern European country out of the bloc when the Iron Curtain was lifted in 1989. In fact, Hungary had already moved away from Moscow`s influence and was well on its way to establishing market reforms. When the first multi-party elections were held in 1990, the Communist Party was ousted and a new Government was formed from a coalition of centre-right parties, led by the Democratic Forum.

Since 1990 most of the print media has been privatised and a lot of new publicationshave emerged. But many of the new dailies and periodicals have gone bankrupt or have only kept afloat by drastically cutting back on the number of copies they print. In 1990 western investors accounted for some 80% of the total capital assests of the Hungarian press. But foreign interest has declined since that high point, largely because a number of investments have failed to deliver a profit.

The biggest newspapers are Nepszabadsag, the former Socialist Party newspaper with a circulation of 300,000, Mai Nap and Nepszava, the trade union newspaper.

In 1990 the Conservative Government and President Arpad Goncz appointed thepolitical scientists Elemer Hankiss and Csaba Gombar as, respectively, president of Hungarian Television and president of Hungarian Radio. During the following two years Hungarian Television and Radio became one of the most independent in the whole of Europe.

In December 1990, when Budapest taxi drivers were on strike against petrol price increases, the Government was shocked that the media sympathised with the strikers. This was the starting point of the so called "media war", when Government tried to regain control of the media. It finally led to the resignation of the independent presidents of Hungarian Television and Radio, Hankiss and Gombar, in January 1993. Since then, only people close to the ruling parties have been elected presidents of Hungarian TV and Radio.

The two post-Communist Governments were not able to adopt a media law in morethan five years. Neither the Conservative Government of Jozsef Antall nor the Social Democratic/Liberal Government under Prime Minister Gyula Horn (which came into power in 1994) received the required two-thirds parliamentary majority. But eventually, in December 1995, the new media law was adopted.

Because of the lack of a media law, a Communist-imposed moratorium on frequency distribution to private broadcasters had remained in effect until 1993. Then it was partly lifted for local radio and television, and 61 local radio and 39 television stations started transmitting in 1993. Most new stations were set up by local government. However, a number of the new stations ran into financial

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difficulties and were forced to close down or reduce their airtime.

Due to the lifting of the frequency moratorium some non-commercial stations also recieved licences. The most famous was Budapest’s Tilos Radio (forbidden radio), which had previously broadcast as a pirate. There are two other community radio stations in Budapest, Radio Fiksz and Civil Radio, which share a frequency with Tilos Radio. Nine community radio stations around the country have so far received permanent licences. These nine, along with six other community radio projects, formed the Hungarian Federation of Free Radios. An association of local commercial stations has also been formed, with about 40 members.

Radio landscape

NationalThree public service radio stations, two on the FM band and one on the AM Band.State-run Radio Danubius and a second radio licence with national coverage will be allocated to private broadcasters, according to the new media law.

LocalAbout 50 Commercial Stations9 Community radios are on air: Tilos, Civil and Fiksz in Budapest, KozossegiRadio in Szombathely, Univerzum and City Radio in Debrecen, Berettyo Radioin Berettyoufalu, Estergom Radio in Estergom, Goncol Alapitvany in Vac.


The present Hungarian constitution is a patchwork of amendments introduced in 1989 and 1990, enshrining freedom of speech. The parliament changed practically the entire wording of the Communist constitution which dated from 1949. Because of a lot of vague formulations in the amended constitution, the six parliamentary parties have agreed to draft a new constitution. This may be approved in 1996.

Until the adoption of the media law on 22 December 1995 broadcast licences were awarded by the Studio Committee of the Cultural Ministry.

According to the media law there are now three regulatory bodies. Two separate boards will oversee the public service stations of Magyar Televizio and Radio. Each board consists of 21 members, with eight members appointed by the Parliament.

The most powerful board is the National Radio and Television Board (NRTB),which from March 1996 will award concessions, contracts and broadcasting licences. The board's Complaints Committee will police private broadcasting companies and respond to viewer complaints. The NRTB will have at least five members elected by the parliament, one nominee from each of the six parliamentary parties, and a chairman nominated by the President and Prime Minister.

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Concessions for radio and TV were due to be awarded by the end of 1996. Concessions will last ten years for TV and seven years for radio. At least 26% of private broadcasters’ shares must be in the hands of Hungarians.

There are also legal restrictions on advertising. Total advertising time of commercial broadcasters shall not exceed 15% of the airtime, with a maximum of 12 minutes during any one hour. Advertising for tobacco, weapons, prescription medications or medical treatment are forbidden.

Within the law there is a distinction between commercial and non-commercialbroadcasting.

Advertising time of non-commercial broadcasters is limited to three minutes per hour. A special fund, consisting of revenue from commercial broadcasters and licence fees, provides a funding base for non-commercial broadcasters. At the moment the budget of the fund cannot exeed the limit of 100 Million Hungarian Forint.

The law also states that in an area where two commercial broadcasters already hold licences, the third licence must go to a non-commercial applicant.

References

ReportsJakab Zoltan: Broadcasting Service in Hungary: Contrasting Rhetoric's andRealities. In: Kleinwaechter, Wolfgang: Broadcasting in Transition. Thechanging legal framework in the eastern part if Europe. Netocm Papers 3,Leipzig 1993.


Hiebert, Ray E.: Hungary report. In: Looking to the Future. A survey ofjournalism education in Central and Eastern Europe and the former Soviet Union.

MagazinesOltay Edith: Controversy and Crisis delugue Hungary's Broadcast Media. In:Transition Vol.1, No 18, 1995.

Grone, Jack: New law doesn't finish media war. In: Budapest Week Jan 25-31,1996.

BooksSzekfu, Andras: Das Rundfunksystem Ungarns. In: Hans Bredow-Institut:Internationales Handbuch fuer Hoerfunk und Fernsehen 1994/95. Baden Baden,Hamburg 1994.

InterviewsSimo, Gyorgy: Radio Tilos, Budapest, March 23, 1996

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KAZAKHSTAN


On December 16 1991 Kazakhstan became the last of the former Soviet republics to declare its independence after the Soviet Union had effectively collapsed. It is also the largest of the newly independent nations of Central Asia, covering an area of more than 3,000 kilometres from east to west. Kazakhstan has a population of 19 million people, 1.5 million living in the capital Almaty.

There are 472 periodicals registered in the Kazakh language and another 511 in Russian. Some 60 are published in both languages. Most Kazakh-language media is subsidised, because the Government is concerned to foster Kazakh as the state language. But the most successful newspaper in the whole region is the Russian language tabloid Karavan, with a circulation of more than 350,000.

The state television runs two channels, and several independent local television stations also exist. TAN-TV and KTK can be received in almost the whole country.

Radio landscape

National3 state owned radio channels:Channel 1: popular music programmeChannel 2: Cultural programmeChannel 4: International programme on the Short Wave band.

Almaty-based private radio Max and Radio Totem can be heard throughout the country

LocalState owned Channel 3 is made for the capital AlmatyMost local radios remain in the hand of local government, with the exception of Almaty, where several independent radio stations emerged.


Both the constitution and the 1991 press law address media issues. Articles 10 and 11 of the constitution guarantee freedom of speech and expression as well as the right to receive and disseminate information by any legal means. The 1991 press law also forbids censorship.

However, there are problematic provisions in the constitution and the criminal code, which restrict the freedom of the media. For example, there is a provision which proscribes insulting the honour of the President, and another which restricts certain rights in order to protect public safety and the constitutional system.

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One recently-enforced rule bans the media from “inciting ethnic conflicts”, as determined by the Government of the day.

According to the law, every person or organisation has the right to start a radio station. Private broadcasters have to apply to the Ministry of Communications. They must also use transmitting facilities which are owned by the Ministry.

References

Hadlow Martin: The situation of media in Central Asia. Report presented at the Seminar on promoting an independent and pluralistic Asian media, 1992.

Bhavna, Dave: Crack Emerge in Kazakhstan’s Government Monopoly. In: Transition Vol.1 No.18 6 October 1995.


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KYRGYSTAN


Shortly after Kyrgystan gained independence in August 1991, President Askar Akayev lifted controls on the media, attempting to cultivate an image as a reformer and democrat. But when the newspapers tested the limits of their new freedom, and printed critical articles about the reform process and members of the Government, mild censorship began to emerge.

Because of poor economic conditions, many media organisations had to turn to the Government for loans. Due to this dependency, a regime of self-censorship has emerged within the media.

In the past two years three newspapers have been threatened with closure by the Government for libel or ethnic violence: Svobodnyi Gori (Free Mountains), Politika and Res Publica. Both Svobodnyi Gori and Politika were finally closed in 1995.

Res Publika, the sole newspaper not subsidised by the Government, has the largest circulation among independent publications (10,000-15,000). But economic problems forced it to reduce the frequency of publication in 1994 and it is now a weekly newspaper. The editor-in-chief and his deputy have both been convicted in recent court hearings, following action against them by the President.

In the field of television the role of the Kyrgyz national TV is insignificant, because its programming is mainly restricted to national dances, music and local festivals. The most popular programmes are on the two Russian channels, which can be received througout Kyrgystan. Also quite popular is TV Avrasia from Turkey. The only private TV is Pyramid, which can be received in Bishkek.

To date about 30 private radio stations have obtained licences, but just six are on air.They mainly transmit popular music and local news. Radio landscape

National2 national state owned channels

Local5 private radios are located in Bishkek: Radio Almaz, Radio Pyramid, Radio Tan, Radio MCM and Radio Asia. Radio Dastan is located in Osh (South Kyrgystan)

Radio Almaz tries to build up a national network by obtaining frequencies and getting into the city cable nets (Bishkek, Osh, Jalal Abad and Karakol)


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The constitution secures the freedom of the press, as does the press law passed in July 1992. The law prohibits pornography and material promoting violence or ethnic intolerance.

The mass media law, passed by parliament on July 3 1992, includes criminal sanctions for the dissemination of false information - a provision that could have a dampening effect on media freedom.

The law allows all forms of ownership of the media. A licence for all types of media is provided by the Ministry of Justice upon an agreement with the Public Chamber. This Public Chamber was established in 1995 by a decree of the President. It functions as a supervisory body over the media. No section of the media can be registered without the permission of the Public Chamber.

There is no special law for the electronic media. At the moment the Ministry of Justice is drafting a new media law, which is more restrictive than the existing one.

References

ReportsFreedom House: Nations in Transit , New York 1995. p.78-84.Escnaliev, Dosaly: Mass Media in Kyryzstan. Paper 1996.

MagazinesPannier Bruce: Backsliding in Kyrgystan. In: Transition Vol.1 No.18, 6 October 1995, p.80-81.

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LATVIA


The republic of Latvia regained independence from the Soviet Union on 21 August 1991. Initially, there was a boom in the printed media. But half of the newspapers published in 1991 have already gone out of business, due to the increasing costs of newsprint, ink and other materials. It is not only small newspapers which face financial problems. The leading Latvian paper, Diena, is also struggling to survive.

Ten local TV stations received broadcast licences in early 1993, and that number has now more than doubled. Because of the large Russian speaking population the state channel continues to re-broadcast the Russian programme Ostankino. However, this practice will be considerably reduced or phased out altogether during 1996.

One of the first private radio companies in any of the republics of the former Soviet Union, and the very first in the Baltic states, is the Riga Independent Transmitter founded in September 1990. Its station Radio 2A started regular broadcasting on 10 August 1991. There are currently 24 licensed stations in Latvia. Because of their very limited local reach, the private radios are no real competitors for Latvian national radio.

Radio landscape

National:State RadioRadio Channel 1: National programmeRadio Channel 2: Literature and Art Channel (in Russian)Radio Channel 3: Classical Music programme

Local:24 independent, private local radios, 9 radios are located in Riga, 3 in Liepaja and the rest in other cities.


There are several laws which are relevant for private radio.The constitution, which was adopted in July 1993, contains provision for free speech and the press. A 1991 press law prohibits censorship of the media. The law on radio and television, adopted on 5 May 1992, laid down the status of Latvian state radio and television.

It was replaced in August 1995 by the Electronic Mass Media Act, which regulates all fields of electronic media from the licensing of terrestial radio to cable television.

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According to the law (Article 10, paragraph 4) broadcasting licences are issued to commercial broadcasters on the basis of a competition by the National Broadcasting Council. The Council consists of nine members, elected by the Saeima (parliament) from those well-known in the society (Article 42, paragraph2).

Broadcasting licences for radio operators are issued for five years.Foreign investment is limited to 20% (Article 3, paragraph 8).

Article 8 places limits on media concentration. Networking between local or regional radio is forbidden. Simultaneous broadcasting is limited to children’s, scientific, cultural and sports programmes. An individual or his/her spouse who is a sole founder of a broadcasting organisation, or who owns a controlling stake in it, is not allowed to exceed 25% in other broadcasting organisations.

The law also regulates the separation of news and commentaries. Article 17 (paragraph 2 ) states that any commentary must be separated from the news, and that the name of the author of the commentary shall be announced.

Paragraph 3 of the same article forbids programmes which incite people to subvert the state’s power, forcibly change the social order, destroy the country’s territorial integity, or to commit other crimes.

Particularly worrying is Article 19 (paragraph 5) which states: “The proportion of a broadcaster’s foreign languages programmes shall not exceed 30% of the total air time.” This makes it very difficult for ethnic minorities to start a radio station. Indeed, several Latvian radio and television stations are in violation of this provision.

Advertising of alcohol (except beer and wine) is prohibited. Total advertising time must not exceed 15% of airtime or 12 minutes within any hour.

The National Broadcasting Council also makes recommendations for national radio and television’s share of the state budget.

Article 46 (paragraph 2) states: “The National Broadcasting Council shall prepare draft outline of state budget to cover the national subscription, submit it to the Cabinet of ministers and decide on the distribution of the funds after endorsement.”

Under the law, it is also possible for quality private programmes to get funds if they fulfil the objectives of the national subsciption.

Article 53 states that the national subscription is a collection of programmes endorsed by the National Broadcasting Council. However, one problem is that the objectives for the national subscription are vague - such as free and universal information on events in Latvia and abroad.

Of particular interest to community radio projects are paragraphs 4 and 5 of Article 54:“National subscription shall support society’s demand of educational, religious/educational, cultural, entertainment, children’s, sports and other programmes

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(including services for disabled) and programmes on life and culture of the ethnic minorities living in Latvia.”

The proportion of the national subscription given to broadcasters other than the national radio and television shall not exceed 15% of the total amount of funds assigned for the fulfilment of the national subscription (Article 56 paragraph 2).

References

ReportsLeja, Janis: Radio and Televison in Latvia. In: Kleinwaechter, Wolfgang: Broadcasting in Transition. The changing legal framework in the eastern part of Europe. Netcom Papers 3, Leipzig 1993.


Hiebert, Ray E.: Latvia report. In: Looking to the Future: A survey of journalism education in Central and Eastern Europe and the Soviet Union. A Freedom Forum Report, Arlington 1994.

MagazinesGirnius, Saulus: Ahead of the Censors, but Feeling the Economic Strain in the Baltic States. In: Transition Vol.1 No.18, 6 October 1995, pp.16-18.

BooksBritksche, Inta: Die Entwicklung der Massenmedien in Lettland. In:Hallenberger Gerd, Krzeminski Michael (ed.):Osteuropa Medienlandschaft im Umbruch, Berlin 1994.

Legal TextMass Media Act adopted by the Latvian Parliament in 23 August 1995.

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LITHUANIA


Lithuania’s route to independence was determined by the reform movement Sajudis and by an emerging independent press. When Lithuanian television began to act as if it were free from the Soviet Union, Soviet troops assaulted the TV tower in Vilnius on 13 January 1991 and killed 14 unarmed civilians.

The first post-Soviet elections to parliament took place on 25 October and 15 November 1992.The Democratic Labour Party (the former Communist Party) re-took control from the Lithuanian Reform Movement (Sajudis), which had been in power since November 1989.

At the moment there are about 1,500 newspapers and magazines published in Lithuania, compared with just 190 before independence.There are about 600 publishing houses, compared with fewer than ten previously.

But both small and large newspapers are suffering financial problems due to the increasing costs of newsprint, ink and other materials. The leading Lithuanian newspaper, Lietuvos Rystas, has seen its circulation fall from more than 500,000 to just 75,000.

Lithuania has 30 television stations, all but one of which are private, mostly regional stations with limited power and reach. The one state-owned TV station still dominates viewing and the new Government has tried to keep a tight grip on its programming, despite an attempt in 1989 to change it into a public service along western European lines.

The state-run Lithuanian Radio has been able to achieve more independence than television, partly because politicians do not regard it as important, and partly because of competition from new private radio stations, three of which now broadcast nationwide.

Radio landscape

NationalState Radio:Channel 1Channel 2Private:Radio Mayak, Radio Centras (Affilation station of VOA),Radio M1Local:About 10 local private radios, one Polish minority radio (Znad-Willi)Legal and regulatory aspects

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Lithuania adopted a post-Communist constitution through a popular referendum in October 1992. Some 57 per cent of the population voted in favour. The constitution includes articles relevant to freedom of expression and the mass media.

Article 25 enshrines freedom of expression: “Freedom to express convictions, as well as to obtain and disseminate information may not be restricted in any way either than established by law, when it is neccessary for the safeguard of the health, honour or dignity, private live or morals of a person, or of the protection of constitutional order...”

Article 44 states: “Censorship of mass media shall be prohibited by law. The state, political parties and public organisations and other institutions or persons may not monopolise means of mass media.”

But according to Article 145 freedom of expression may be temporarily restricted during war time.

Because of the lack of legislation on the electronic mass media, broadcasting is covered by the law governing the press.Article 1 states: “All Mass media are free and uncensored. Interference with their activities in preparing and disseminating information is forbidden.”

Two other Acts which impinge on broadcasting are the law on telecommunications and the statute on telecommunications. Broadcasting companies have to apply for a frequency, allocated by the State Inspection of Telecommunications under the Ministry of Communications and Informatics. The frequency is isssued for a period of five years. They also have to register as a mass media at the Board of the Press Control under the Ministry of Justice. Broadcasting companies also have to apply for a licence at the Board of Radio and Television, elected by the parliament, if they want to use transmitters owned by the state.

There are no restrictions on foreign investments in national, regional or local radio. Foreign investors have access to the national market by buying programme time and by getting a licence for the use of a terrestial frequency (VOA, RFE).

There are no restrictions on cross-ownership in broadcasting and the press.

References

ReportsJakubenas Aligamantas: Broadcasting in Lithuania. In: Kleinwaechter, Wolfgang: Broadcasting in Transition. The changing legal framework in the eastern part of Europe. Netcom Papers 3, Leipzig 1994.


Magazines

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Girnius, Saulus: Ahead of the Censors, but Feeling the Economic Strain in the Baltic States. In: Transition Vol.1 No.18, 6 October 1995.

Legal Text:Law on the Press and other Mass Media.

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MOLDOVA

Background, history and brief media landscape Since the independence of Moldova from the Soviet Union on 27 August 1991, the country’s progress towards democracy has been hesitant, and the state continues to be omnipresent in people’s lives.

Since 1991 some 68 publications have been registered which belong to political parties, movements or those having some political orientation. Eight official party newspapers are published. But the state is still the largest publisher in Moldova. To date, 34 publications by ministers and 11 by Government departments have been registered.

Due to the very small advertising market in Moldova, more than 70 per cent of the print media depend on subsidies to survive.

In the field of television, eight local stations have obtained licences and nine others have recently applied. The only nationwide private station is Catalan TV. In most regions of Moldova it is also possible to watch Russian and Romanian television.

Four private radio stations currently operate. Although commercial radio stations do not promise a great deal of profit, there is tough competion for the remaining licences. In Balti, the main northern town in Moldova, five potential stations are competing for one available licence. In Chisinau, two or three fully equipped studios are waiting for their licences.

Radio landscape

NationalState radioChannel 1 (Radio Moldova)Channel 2 (Radio Luceafarul)RegionalA station run by the separatist Government located in Tiraspol (eastern Moldova)LocalPrivate radios:Radio Unda Libera (student radio in Chisinau)Radio Nova (Moldavian-Austrian joint venture)Polidisc Radio (commercial music station founded by a record company)Micul Samaritean (religious station)


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The current radio stations obtained their licences without the existence of a media law. Recently the Government has established a special jury charged with issuing licences. This jury consists of three representatives from the ministries of Information Technology, Information, and Telecommunications, plus two representatives from the state-run TV and radio company Teleradio Moldova.

A controversial Audiovisual law, due for ratification in 1996 will allow the state to strictly control the allocation of broadcasting licences. The President, the parliament and the Government will each appoint three members of the Audiovisual Co-ordination Council, which will supervise all broadcast activities.

The draft law will ban the broadcasting of any information which libels the state and the people, as well as the dissemination of information about the private lives of citizens without their permission. Its vague wording leaves room for varying interpretations.

Article 8 of the proposed law is particularly controversial, as it obliges public radio stations to transmit, with priority and without payment, any news or views from parliament, the Government, or the President,

As it stands, the Audiovisual law contains other contradictory elements. According to Point C of Article 9, the broadcast media is obliged to inform the public of the names of the producers of any programmes. Yet Point F of Article 25 states that the same institutions are required to divulge neither the pseudonym of the author nor the source of information.

Two other Articles are similarly contradictory. Article 38 states that the Committee Co-ordinator for the Audiovisual Field (CAA) will be authorised to suspend all activity upon the infringement of any rules by the licence holders, while Article 42 says that the right to halt the activity of audiovisual institutions (or to bring a lawsuit against them to stop their activity) is held by the Attorney General and those subordinate to him.

References:

ReportsOsipov, Victor: Pretender to the public confidence. In: Massmedia in Moldova, published by the Independent Jouranlism Center, Chisinau 1995. pp8-9

Cantir, Alexandru: Vigilance of Mass media, Public broadcasting stations and the boomerang effect. In: Massmedia in Moldova pp.19-21Marin Constantin: New Dimensions of Mass Media in Moldova. In: Mass Media in Moldova pp.2-4.

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MagazinesIonescu, Dan: Slow Emanzcipation in the Republic of Moldova. In: Transiton Vol.1 No.18 6.October 1995 p.49-51.

InterviewsShalinovskaya, A., Poli-Disk Radio, Ljubljana 1 October 1995.

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POLAND


After the Solidarnosc uprising in 1980 the Government and the Solidarnosc movement signed an agreement liberalising the media. For several months, until the imposition of martial law on 13 December 1981, Poland had the most free press in the Communist world. But within hours of martial law, it had the most heavily censored and restricted press. In 1989, after a new series of strikes, the Communist Government was forced to introduce more profound political reforms, which led to meetings (known as “round tables”) between the Government and the Solidarnosc movement.

Due to these round tables many advances were made in liberalising the Polish media. The press law was modified in May 1989. Censorship was abolished in April 1990. Solidarnosc was given the right to broadcast once a week for 30 minutes on TV and 60 minutes on radio. The Polish print media was booming, but the most popular magazines and newspaper covered home and fashion rather than politics.

A broadcast law was adopted in 1992. Since then the National Radio and Television Council has licensed 156 radio stations. Only in what is regarded as the more influential field of television are the politicians trying to control the content. In March 1994 the former president Walesa dismissed Marek Markiewicz, the chairman of the National Radio and Television Council, because the council had granted a private company (Polsat) a licence for national television broadcasting. Markiewicz´s replacement, Ryszard Bender, was in turn replaced by Janusz Zaorski, who was thought to be more pro-Walesa than the other nominees. Then in May 1995 Walesa replaced Zaorski with Christian-National Union leader Marek Jurek. Commentators assumed this was to gain the party`s support in that November´s presidential elections.

Radio landscape

National:Five state radio stations:Channel 1 on the Long wave and Ultra short wave band could be received by60 % of the Polish people.Channel 2 on the Ultra short wave band broadcasts 20 hours a day based on musical and cultural programmes to a high professional level.Channel 3 broadcasts 21 hours a day on the Ultra short wave band focusing on information and entertainment programmes for young urban listeners.Channel 4 (Radio Bis) broadcasts 18 hours daily on the Medium and Long wave frequency, also by satellite. Within this programme there is a Parliamentary Studio and Debate. The remaining time consists mainly of educational, language, radio novels, literary, and some children’s programming.

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Channel 5 is the programme for foreign countries, broadcasting in seven different languages on the Short wave and Medium wave band.

Private radios:Radio Zet specialising in fast, condensed news and musicRadio RMFRadio Maryja, a Roman Catholic radio

Regional and local radiosState radios:17 regional state radiosPrivate:156 mostly local radios, including 36 Catholic Church stations, several student radios, news-oriented stations like the ESKA-network (former Radio Solidarnosc) and a large number of commercial music stations.Warsaw landscape: Radio for you, ESKA, Wawa, Kolor, Scout. They all want to build a national network and have already applied for it.


There are three laws which are important to independent broadcasting: The Catholic Church Act 1989, the Post and Telecommunications Act 1990, and the Broadcast Law 1992.

The Catholic Church Act gives the Church the right to obtain frequencies and broadcasting licences independently from all other applicants on a priority basis. In practice this means that the Church gets one frequency and licence in each market.

The Post and Telecommunications Act 1990 regulates in part the installation and use of broadcasting equipment and the allocation of broadcast frequencies.

The Polish Broadcast Law was adopted by the Polish parliament on 29 December 1992. The National Broadcasting Council is the regulatory body, which oversees public broadcasting and allocates broadcast licences to private companies. It consists of nine members, four to be appointed by the Diet (lower chamber of the parliament), two by the Senate (second chamber), and two by the President. Article 8 of the law states that members of the council must not be broadcasters, producers, employees of a production company, civil servants, local government employees, or hold stocks in broadcasting or production companies.

Article 18 of the law contains two problematic paragraphes. Paragraph 1 states: “Programme items shall not propagate activities incompatible with the law or the Polish raison d´etat, or attitudes or convictions contrary to the public good, morality or the social good.”Paragraph 3 says that programme items shall respect the religious feelings of the audience, particularly the Christian system of values.

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There are also provisions in Article 21 which could lead to censorship and state control of programming. According to these provisions public broadcasters must respect the Christian system of values and serve the strengthening of the family.

Two other paragraphs leave space for a wide range of interpretations. Article 26, paragraph 2 states that licences shall not be granted if the applicant’s programming could infringe national culture, national security, defence, and public decorum. Article 36 states that a licence may be withdrawn because of the same reasons.

There is regulation of foreign investment in the media and of ownership. A licence application will be rejected if granting it would give the applicant a dominant position in the mass media. Foreign capital in Polish broadcasting companies is limited to 33%.

Advertising cannot exceed 15% of daily airtime or 12 minutes in any one hour. The National Broadcasting Council can reduce the advertising limit for public broadcasters.

Radio licences are granted for periods of three to seven years. The licence holders have to pay an annual licence fee. They can use their own transmitters.

On 15 September 1995 a new State Secrets Bill was adopted by the Diet. Many of the clauses were unchanged from the previous law passed during the Communist period. One rejected amendment would have given journalists the right to reveal state secrets in the interests of society. Anyone - including journalists - convicted of revealing a state secret as definied by the law is liable to between six months and ten years in prison. But fortunately the entire Bill was rejected by the senate on 7 October 1995.

According to Reporters Sans Frontieres, intimidation of critical journalists through local authorities is continuing. Two journalists from Poznan were arrested by the local police on 8 December 1994 and charged with falsely reporting a crime - an offence punishable by two years in jail. Maciej Gorzelinski, of the private radio station ESKA, and Eva Wanat, of Polish state TV, had reported a car theft to the police to test their efficiency. Maciej Gorzelinski had revealed several cases of police corruption shortly before the arrests.

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References:

Books:Reporters sans Frontieres (1995): Yearbook 1994, London 1995.

Reports:Jakubowicz, Karol: The Five Year-Plan or the long story of the Polish Broadcasting Act. In: Keinwächter, Wolfgang: Broadcasting in Transistion. The Changing Legal Framework in the Eastern Part of Europe. Netcom Papers No.3, Leipzig 1993.

Magzines:Reading Anna (1994): The People versus the King-Polish broadcasting legislatio. In Media Law and Practice, Vol.15, No.1,1994, p.7-12.

Karpinski Jakub: Information and Entertainment in Poland. In: Transition Vol.1 No.18, 6.October 1995, p.13-15.

Legal Text:Polish Broadcast Law adopted by the parliament on the 29th 1992

Other sources:Saskinska-Klas Teresa: The transition of Mass Media in Poland: The Road to Liberalisation. In EJC/REC Vol. 4, No.1, 1994 (Electronic Journal of Communiction: [email protected])Oyrzanowska, Elzbieta, Media Program Coordinator Stefan Batory Foundation: commentary on the draft version of the report, 29th January 1996.

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ROMANIA


During the uprising against the Ceaucescu regime in December 1989 the Romanian media, especially television, was seen as an important instrument of the revolution. But post-Communist plans to turn Government-controlled state television into a public service have yet to be realised. The two state-run national television channels dominate the market. Although 66 local television stations and 436 cable stations are registered, only a few seem to have an impact on the audience. The most popular are Pro TV, Tele 7 abc, Antenna 1, Dacia Europa Nova, Ameron, sigma TV. The Government has postponed indefinitely plans to set up a national commercial television station.

Romania’s 23 million inhabitants can choose from a large variety of print media. There are approximately 1,700 daily, weekly, monthly and other publications, including literary and special-interest magazines, political and satirical journals, scandal sheets, pornography, economic publications and religious tracts. But the Romanian state continues to have a monopoly of newsprint production, enabling it to exert indirect pressure on newspapers. Distribution networks are subject to similar Government control.

The National Broadcasting Council has licensed 125 local radio stations, about 100 of which are currently on air. The most prominent, in terms of public image and commercial success, are those which belong either to a network or a larger media group. Such stations include Radio Contact (Contact Belgium, RTL and the Hersant Group), Radio Total (Matra-Hachette Group), Pro FM (Media Pro, CME), Nord-Est Media Company, Uniplus (9 stations througout the country), Dacia Europa Nova (owned by Iosif Constantin Dragan), and Radio XXI.

Most local radio stations face economic problems as the law limits the power of transmitters to 100 watts. Such small output is neither technically necessary nor required by international regulations. It is clearly a political decision, ensuring that even popular stations reach fewer listeners than do the state´s radio channels. Because of this technical restriction they don´t have a large advertising income. As a counter-strategy, the independent radio stations build networks to increase their appeal to potential advertisers.

Because of the absence of their own national or international news services, the private radios transmit western news: with some 56 local stations re-broadcasting the BBC World Service in Romanian. The BBC World Service gained credibility in Romania during and after World War II. Some stations also re-broadcast Voice of America. Radio Delta and Fun Radio re-transmit news from Radio Fun Paris and Radio France International.

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Radio landscape

National:State radio:Romania Actualitati (News)Romania Cultural (Cultural programming)Romania Tineret (Youth programming)and Radio Romania International on the Short wave band in 14 languagesRegional6 regional state radios on the Medium wave band in Cluj, Constanta, Craiova, Iasi, Timisoara, Tirgu MuresLocal:2 local state radios: Antenna Bucarestilor and Antenna Satelor125 local independent radios are registered, nearly 100 of them are on air at the moment. In Bucharest there are 7 independent radios on air: Radio Contact, Pro FM, Tinerama, Fun Radio, Uni Plus, Delta, Total


The Law on Radio and Television Broadcasting was adopted in May 1992. The broadcasting licence is issued by the National Audiovisual Council following a competition. All applications are analysed by the Department of Licences, Authorisation and Regulation. Debates concerning the assignment of broadcasting licences are public, and the decisions, together with their motivation, are published in the “Monitorul Oficial”. Radio licences are granted for five years, televison licences for seven years.

The National Audiovisual Council supervises radio and television broadcasting. The Council consists of 11 members. Two are appointed by the President of Romania, three are appointed by the senate, three by the chamber of deputies, and three by the Government (one specialist in telecommunications, one specialist in radio, and one TV specialist).

The Directorate for Regulations in the Ministry of Communications makes available broadcasting frequencies and supervises their lawful usage trough the General Inspectorate of Radiocommunications. The first decides the power, position and height of the antenna for terrestrial transmitters, while the latter approves the technical standards for broadcasting and cable operations.

There are no restrictions on the participation of foreign, private and public broadcasters in national or local, private or public, radio and television in Romania. Also, there are no restrictions on cross-ownership in broadcasting and the press.However, Article 6 states: “No public or private, natural or legal person shall be a direct or indirect majority investor or shareholder in more than one audio visual communication company, and it shall not hold more than twenty per cent of the registered capital in other similar companies”.

A dangerous provision of the Audiovisual Law is the sentencing for particular offences, including:

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Six months to five years for prejudicing the dignity, honour, and private life of a person or the right to one’s own image;Two to seven years for defamation of the country;Three to ten years for broadcasting information which has a secret character or may cause prejudice to national security;Three months to two years for obscene broadcasting.

Scandalous is a provision in Article 238 of the Penal Code, amended in Spring 1994 , to increase to eight years the the prison term for a journalist convicted of slandering the head of state.

References

ReportsGross Peter: Looking to the future. A Freedom Forum report. 1994

Constantinescu Chrisitan: Broadcasting Law in Romania. In: Wolfgang Kleinwaechter: Broadcast in Transition The changing legal framework in the Eastern part of Europe, Netcom Papers 3, Leipzig, 1993.

Comitee to protect journalists: Report 1994

Horvitz, Robert: Report on the Romanian independent radios.Report 1994.

Murgu, Horea: An uncured neurosis. Report 1995

BooksRadu Caliopia, Radu Simon, Hoanca Lucian: Das Rundfunksystem Rumaenien. In: Hans Bredow-Institut: Internationales Handbuch fuer Hoerfunk und Fernsehen 1994/95. Baden Baden, Hamburg 1994.

Coman Mihai: Rumänischer Journalismus in einer Übergangsphase. In: Medienlandschaft in Umbruch. Berlin, 1994.

MagazinesRaveica Titus: A Viable Evidence. In Balkanmedia 4/94Dan Ionescu: Romanian Media´s Independence Struggles. In: Transition Vol.1 No.18, 6.October 1995.

Legal TextAudiovisual Law adopted by the Parliament of Romania on May 25,1992.

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RUSSIA


The economic, social and political transformation of Soviet society and its mass media took place during the second half of the 1980s within the general framework of perestroika. The transformation began in 1986 and had its main challenge in the failed coup of August 1991. It is undisputed that the print and broadcast media played an important role during this process.

In 1985 Gorbachev came to power and initiated the so-called glasnost period in the former USSR. Gorbachev encouraged the people to see Stalinism as the criminal regime it had been. It was intended to establish a culture of criticism and debate to help the people to overcome their political laziness, to challenge the political establishment, and to be ready for economic, social and cultural reform. Confidence in the new leadership grew.

In April 1986 the Chernobyl catastrophe resulted in confusion, lack of information and criticism of official policy. The disaster strengthened the glasnost movement and its liberal media, and showed the real extent of the Soviet Union´s crisis. But from 1990 the conservative opposition grew within the Communist Party (CPSU). Supporters of glasnost, along with reformists in the CPSU, feared a conservative backlash. Gorbachev initiated a new stage within the glasnost movement by introducing the concept of liberal pluralism. Although the CPSU still played a leading role in the country, new political parties emerged in 1990 such as the Christian Democrats and the Social Democrats. At the same time the economic and political problems worsened. Ethnic and secessionist movements in the republics challenged the authority and very existence of the Soviet Union. Conservative pressures within the CPSU grew stronger. They wanted Gorbachev to halt or slow down the reform process and to win back the authority of the party. The reformer Gorbachev turned to the right after November 1990.

In June 1991 Boris Yeltsin was elected president of the Russian Federation. Gorbachev worked on a new Union Treaty which would give more political independence and power to the republics. On 19 August 1991 the so-called Emergency Committee acted to save the Union and initiated a failed coup. In December 1991 the Soviet Union was dissolved and the Commonwealth of Independent States (CIS) created. Parliamentary elections in December 1995 showed a strong move back to the Communist Party and strong support also for the National Democratic Party of Schirinowski.

Currently, Russia has a diverse media landscape with roughly 10,000 newspapers and periodicals and a growing number of television and radio stations. The local and regional market is growing especially rapidly. Unfortunately, only a few of these media outlets are free of political and economic influence and constraints. An attempted coup in October 1993 brought new repression of the media, especially the press, by Boris Yeltsin. There were attempts to destroy independent regional media, many newspapers were banned, and controversial television programmes were

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abolished. The Russian state maintains a virtual monopoly over the supply of newsprint, and it also represses newspapers by not paying essential subsidies. It is feared that Yeltsin´s Government will not hestitate to attack the media again in order to keep all the mass media under its control.

Two major television sectors exist in Russia - two are state-controlled and two are privately owned. ORT, which is 51% state-owned, can be received by about 200 million people. Russian Television Channel 2 (VGTRK) is fully state-owned and reaches about 140 million potential viewers. Privately-owned NTV can be viewed by approxamately 100 million people. Commercial TV station TV 6, which was founded as a Moscow city TV, can be seen througout the European part of Russia. Additionally, there are about 400 private local or regional TV stations.

Independent radio companies - which operate mostly at the regional or local level - have been allowed since 1990. By 1993 more than 50 radio stations had appeared, and the number of regional and local radio stations is still increasing. In 1990 the first commercial music stations - Europe Plus and Radio Nostalgia - appeared almost simultanously on Moscow’s airwaves. They both had French backing and were initially dependent on state structures. The most interesting local radio channel, which also operates in the Moscow region, is the news-oriented Echo Moskvy. The first completely independent radio station in Russia, it started broadcasting in August 1990, got its licence in 1991, and became famous during the the attempted coup in August 1991.

Radio landscape:

National: Due to the building of national broadcasting companies, the number of state-run radio channels increased from four to five. Radio Rossii (Radio of Russia): the new channel, which is the only national programme of RTR, broadcasts for 22 hours daily, mainly information and educational content, with some music aimed mostly at older people.Radio 1: broadcasts a 22 hour full programme in the whole territory of the former USSR, the programms are transmitted with a two hour timeshift for different time regions, many cultural programmess, main music format is E-music, still in the tradition of the former first channel.Radio Junost (Radio of the Youth): broadcasts daily a 19 hour music and information programme with studio discussions.Radio Majak (Radio Lighthouse): broadcasts in all CIS countries without timeshift, full 24 hour programme with news every half hour, broad information and music.Radio Moscow: part of the Ostankino company and the international radio service for foreign countries on the Short wave frequency.

Regional and Local:About 50 regional or local independent radio stations, most of them commercial music stations. In the Moscow region about ten independent stations are operating like Echo of Moscow, Radio Rossii, Radio Euvrope Plus, M-Radio, Radio Nostalgia.

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Radio Echo of MoscowRadio Echo of Moscow started broadcasting on 22 August 1990. The Echo was the first independent radio in Moscow, whose programme include not only news and music but politics, economics, business, sports, culture, entertainment, commentary, readings and plays. It got a very good reputation during the Army and KGB attack on the Lithuanian radio and television building on 13 January 1991. It was the only section of the Russian media reporting the attack. It was a Sunday, daily newspapers do not publish on Sundays and Mondays ,and the state radio and TV didn’t breathe a word about the events. Echo became known around the world during the coup d’etat in August 1991, when it supplied the people of Moscow with accurate information. During the three days of the coup the radio station was disconnected from its transmitter four times by state officials. According to polls, about 1 million people listen in prime time (between 8.00 and 10.00 a.m, and 19.00-21.00 p.m.). Its source of income is advertising and the sale of information to other Russian and foreign media. Around 40% of income is set aside to be used exclusively for news production.


Before the August 1991 coup, Soviet law governed the media in the whole area of the USSR. But even before the coup dissolved the Soviet state and created the Commonwealth of Independent States, the union’s republics (including Russia) worked on drafts of their own media laws. Soviet law lost its status after the coup because the independent republics abolished the old USSR constitution.

In February 1992 a new Media Law was passed in the Supreme Soviet in Russia. It was similar to the old Soviet version which was seen as liberal and progressive. It prohibited censorship and guaranteed press freedom as well as editiorial independence from proprietors, politicians, and state apparatchiks. According to the law, political parties were obliged to register their media outlets. The Media Law facilitated the setting up of new private media enterprises. The Media Law applied mainly to the print sector. Since the beginning of 1992, several drafts for a Broadcasting Law have failed to find a majority in parliament.

Media legislation in Russia is and always has been a dispute among political forces over ownership and control of the mass media - especially the national state-owned broadcasting media, which is considered the most powerful and influential. The constitutional war between the President´s administration and parliament climaxed in power struggles over the broadcast media when in 1993, after an attempted coup, the Media Law was divested. This issue must be resolved by placing broadcasting beyond the reach of politicians.

References

MagazinesBelin, Laura: Russia: Wrestling Political and Financial Repression. In: Transition, Vol. 1, No. 18, 1995.

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Davidoff, Victor (1995): Russia: Regional Press Fights Political Control. In: Transition, Vol. 1, No. 18, 1995.

Kolesnik, Svetlana G. (1993): Broadcasting in the Russian Federation.

Lebedeva, Tatiana: Le Combat pour contrôler les Média en l´ex-USSR. In: Media Development, Vol. 1, 1994.

McNair, Brian: Media in Post-Soviet Russia: An Overview. In: European Journal of Communication. Vol. 9, 1994.

Rantanen, Terhi, Vartanova, Elena (1995): News Agencies in Post-Communist Russia. From State Monopoly to State Dominance. In: European Journal of Communication. Vol. 10, 1995.

BooksKerneck, Barbara; Krasnopolskaja, Larissa: Fernsehen und Presse in Rußland. In: Hallenberger, Gerd; Krzeminski (ed.): Osteuropa: Medienlandschaft im Umbruch. Vistas: Berlin 1994.

Lutz, Michel; Jankowski, Jaromir: Das Rundfunksystem Rußlands. In: Hans Bredow-Institut: Internationales Handbuch fuer Hoerfunk und Fernsehen 1994/95. Baden Baden, Hamburg 1994.

Legal Texts

Media Law of Russia from 1992The Law of the Russian Federation on the Organization of Activities in the Field of Television and Radio BroadcastingRussian Constitution of December 12, 1993

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SLOVAKIA


After the decay of the Habsburg monarchy in 1918 the state of Czechoslovakia was born. In 1939, when German tanks rolled into Prague, Czechoslovakia ceased to exist. At the urging of the Germans the Slovaks declared themselves an independent state. Under the rule of Jozef Tiso it was a pro-Nazi puppet state. After World War II Czechoslovakia came under the influence of the Soviet Union. During the “Prague Spring” in 1968 there was a short time of freedom of speech. Apart from this, the entire media was under the control of the Communist Party until 1989.

The fall of communism in 1989 ushered in a new era of media freedom. New newspapers and magazines appeared, and in 1991 the broadcasting monopoly was ended.

On 1 January 1993 Czechoslovakia ceased to exist. Two independent states were born: Slovakia and the Czech Republic. Since then, Vladimir Meciar´s Movement for a Democratic Slovakia has dominated the new Slovak Government.

Currently, 282 daily newspapers are published, including 23 minority papers. The largest newspaper is Novy cas (New Time) with a circulation of 250,000, followed by Pravda (Truth) with a circulation of 220,000.

Slovak state television runs two channels: STV 1and STV2. The third channel, TA3, was recently allocated to a private broadcaster.

Slovakia´s current Government has shown a determination to retain strong influence over television and to minimise coverage that might be unfavorable toward the Government. Until recently, radio in Slovakia enjoyed considerably more freedom than did television.

The current private radio stations face their strongest competition from the state-run Rock FM, which covers the whole country. The small local stations are forced to compete for scarce advertising money with Rock FM, which boasts one of the most popular music formats in the country. High licence fees also cause financial problems.

Most private radio stations are not able to produce their own news programmes. Only Radio Twist, which started its own midday news magazine in the summer of 1995, offers an alternative to the state radio news programmes.

Radio landscape:

National: 4 state owned Stations Slovensko 1: 7 FM transmitters, 9 AM-mid-wave transmitters covers whole SlovakiaSlovensko 2: 11 FM transmitters, covers most of SlovakiaSlovensko 3: is transmitting in four regionsRock FM: 16 FM transmitters, covers most of Slovakia

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Regional: 1 private stationFun radio: 3 FM transmitters in Bratislava, Banska Bystrica and Kosice

Local: 19 private stationsRadio Twist, Radio RMC, Radio Ragtime, Radio CD International in BratislavaRadio Tatry, Radio Forte-Trnava, Radio Kiks Michalovce, Radio Frontius Zilina, Radio Rebeca Martin, Radio Maria (Christian Radio) Banska Bystrica, Radio Local FM Komarno, N-Radio Nitra, Radio Nitra, DCA Radio Dubnica n.Vahom, Beta Radio Prievidza, Flash Radio Presov, Top Radio Kosice, Hit Radio Trencin, City Radio Zilina

Radio Ragtime:The only station in Slovakia which can be classified as a community station is Radio Ragtime, which operates in Bratislava. Three students founded Ragtime Ltd in 1991. One year later, they started to co-operate with the Comenius University in Bratislava which offered a room in the University´s building.Today Radio Ragtime broadcasts 24 hours a day, 1.5 of which is made by students of Comenius University. The rest is originated by Ragtime Ltd. Radio Ragtime offers its listeners a complete information package about cultural and social events in Bratislava. It also offers airtime for the promotion of non-commercial activities. Radio Ragtime describes itself as an alternative music station.


On 30 October 1991 the Federal Czechoslovak Parliament adopted the Law on the Operation of Radio and Television Broadcasting, which established guidelines for independent broadcasters.

According to this law, a licence can be obtained by legal entities or private persons with permanent residency in Czechoslovakia.

Advertisements must not exceed 3% of the total broadcasting time on public television and 10% on private TV. The radio limits are 5% and 20% respectively.

Before the dissolution of the Czechoslovak Federation, the Federal Council for Radio and Television enforced the law, ensuring a variety of programming and encouraging the development of Czechoslovak and European audio-visual productions. The Federal Council consisted of nine members, including experts and public personalities. Members of the Council must not participate in the management of broadcasting companies. After the dissolution of the Czechoslovak Federation the Federal Council ended its work.

In May 1991 the Slovak National Council approved a law for the broadcasting media, the Slovak Radio and the Slovak Television Act. The laws stated that Slovak radio and television should be national, independent, public, informative, cultural and educational institutions. Their mission is to serve the general public through information and programmes based on the principles of democracy, humanism, ethics, truth, independence, professionalism and legality. Objectivity and independence in

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these institutions is supervised by the Council of Slovak Radio and the Council of Slovak Television.

On 1 September 1992 the Slovak National Council adopted a constitution which took effect when the Slovak Republic came into existence on 1 January 1993. This constitution guarantees freedom of expression and freedom of the press. Censorship is expressly prohibited.

1993 saw a new broadcasting law, which included the allocation of frequencies. The National Broadcasting Council, whose nine members are elected by parliament, distributes the licences according to the regional and local needs of the population. Advertising time for state radio is limited to 5% of airtime, while private radio stations are allowed to broadcast 20% advertisements.

Licences are valid for six years. The yearly licence fee ranges from 20,000 to 200,000 Slovak Crowns, depending on the area the frequency covers.

Restrictions on foreign investment include a provision that the majority of the stocks of a radio company must be owned by a Slovakian citizen.

References

ReportsDruker: The Freedom Forum Media Studies Center, New York, 1994.Hiebert, Ray E.: Slovakia Report. In: Looking To The Future: A Survey Of Journalism Education In Central And Eastern Europe And The Former Soviet Union. Freedom Forum Report, 1994.

Brecka, Samuel: Slovak Broadcasting: Complicated Transformation. In: Kleinwächter, Wolfgang: Broadcasting In Transition The Changing Legal Framework in the Eastern Part Of Europe. Netcom Papers No. 3, Leipzig 1993.

Legal TextsLaw on the Operation of radio and television broadcast aproved by the Federal Assembly of the Czech and Slovak Federative Republic of October 30, 1991.The Slovak National Council Act on Slovak Radio of May 24,1991.The Slovak National Council Act on Slovak Television of May 24,1991.

InterviewsIzdinsky, P., Open Society Fund Slovakia, Bratislava 27 November 1995Slavikova, N., Slovakian Broadcast Council, Sheffield 23 January 1996Spisak, M., Radio Ragtime, Bratislava 27 November1995

Other Sources http://savba.savba.sk

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SLOVENIA


Deregulation of the media in Slovenia began around 25 years ago, when it was still part of Yugoslavia. In 1971 the press, radio and television began to pass from state-control to the self-management of the directly employed workers and representatives of the social communities. Certainly the media in Slovenia was much less state-controlled than the media in other Central and Eastern European countries.

Since independence a lot of new publications have emerged. For a population of roughly two million people, Slovenia is rich in media outlets. There are six major dailies in the country. The biggest one is Ljubljana’s Delo, with a circulation of about 93,000. There are about 20 weeklies, the most famous being Mladina, a leading critic of the Yugoslav authorities during the 1980s.

The two Slovenian National TV channels dominate the television market. In 1991 the private Kanal A went on air, with almost national coverage. On 15 December 1995 POP TV, a new commercial TV station, started broadcasting in Ljubljana. It scheduled its main news at 7.30 p.m., the same slot as the main news of Slovene national TV. There are four more private local TV stations and about 50 cable networks. In 1996 a Catholic TV network was due to go on air.

The radio landscape is also quite diverse, with more than 50 private radio stations operating in the country, ranging from the small radio Postaja Ormoz with a potential audience of only 14,000 listeners to the big radio Glas. Ljubljana-based Radio Student, which started broadcasting in 1969, is the oldest student radio in Europe. An Association of Slovenia Local Radio Stations was formed by the 23 local news-oriented stations, which are a mixture of public service, community and commercial radios, and by the two student stations. Once a month they produce a news magazine and broadcast it simultaneously, as a counterpart to the news programme of the National Radio.

Radio landscape

Five different types of radios:1. 5 public service radios, 3 of them cover the whole state (Radio Slovenija 1-3) and 2 regional radios (Radio Koper and Radio Maribor)2. about 25 commercial music stations3. 1 Roman Catholic network, covering the whole state4. 2 student radios, Radio Student in Ljubljana and Radio Mars in Maribor5. 23 local news-oriented radio


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The important law for private broadcasters is the law on mass media, which was adopted by the Slovenian parliament on 25 March 1994.

The most outstanding feature of the law is the distinction between commercial and non-commercial media. Regulations state that the latter should receive special funding and that licences should be given in priority to local non-commercial broadcasters .

Article 3 states: “The state of Slovenia supports the development of non-commercial mass media that are important for the citizens of Slovenia in exercising the right to be informed and for the preservation of Slovene national and cultural identity; mass media meant to inform national minorities in Italy, Austria and Hungary: and for the development of the technical infrastructure neccessary for these media to be published and broadcast.”

Furthermore, the State of Slovenia supports the development of non-commercial mass media for its blind and deaf citizens.

Articles 45 and 46 also use the term “local non-commercial radio”.The state budget and the RTV subscription fee should part finance programmes which inform the Slovene minorities outside the national territory (Article 45).

Article 46 defines a local non-commercial programme as one meant to inform the inhabitants of one or more local communities about political, cultural, religious, economic and other questions that are important for their life and work.

Informative, cultural, artistic and educational content must make up at least 40% of the daily output of a non-commercial programme. In-house productions must comprise at least one hour per day. Advertisements and other paid messages may comprise no more than 15% of a daily programme.

Student Radio stations are also classified as local and non-commercial, according to Article 47.

The authority responsible for distributing broadcasting licences is the Radio-Diffusion Council. It has eight members and a President, appointed by parliament and drawn from radio experts and public workers.

According to Article 52 of the law , where there are multiple applicants for the same channel priority will be given to the applicant which includes:- a national programme (public-service) or a local non-commercial programme;-a programme that would be an addition to already existing programme in a certain area;-a programme with a large part of its own production in the Sloven, Italian or Hungarian languages, or on the territory of communities populated by Italian and Hungarian national minorities;- a politically independent programme.

There are also restrictions in the law to guarantee the plurality and variety of the mass media. Nobody may own more than 33% of the shares of a media outlet, and owners of a daily press are not allowed to own more than 10% of the shares of another daily

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or a radio or television company. Excluded fom this regulation are the self-managing national, community or student organizations which can run both press and radio.

References

MagazinesMarkotich, Stan: Slovenia’s early reforms laid the foundation. In: Trnasition Vol.1 No.18, 6 October 1995.

BooksKramberger, Igor: Fernsehen in Slowenien - aus der Sicht der Produzenten. In: Osteuropa. Medianlandschaft im Umbruch. Vistas, Berlin 1994.Pejic, Nenad: Das Rundfunksystem Sloveniens. In: Hans Bredow-Institut: Internationales Handbuch fuer Hoerfunk und Fernsehen 1994/95. Baden Baden, Hamburg 1994.

ReportsSpichal, Slavko: Freedom of the Media and the right to communicate: The case of Slovenia. In: Kleinwaechter, Wolfgang: Broadcasting in Transition. The changing legal framework in the eastern part of Europe. Netcom Papers 3, Leipzig 1993.

Legal TextLaw on Mass Media adopted by the Slovenian Parliament on 25 March 1994

InterviewsKardelj, Ales, Radio Glas, Ljubljana 1 October 1995.

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UKRAINE


Although the Ukraine won its independence from the Soviet Union in 1991, and is a sovereign democratic state, there are still struggles going on over relations with Moscow. A new post-Soviet constitution has yet to be adopted.

The state and the media are no longer under Soviet repression, but the situation is still very difficult. As a result of the former Soviet Union’s lack of communications policies, the situation at the beginning of independence was one of missing legal frameworks, outdated and underdeveloped technical equipment, unqualified staff, and most of all financial problems. Although several improvements have been made since then, the media in the Ukraine still exists in a legal vacuum, with a long way to go to establish a fully democratic media system.

The number of publications in the Ukraine grew rapidly during 1991, especially those in the Ukrainian language. But from 1992 to 1994 there was a massive decline in total circulation from 63.7 million to 14.7 million, due to rising subscription rates and decreasing living standards. In June 1995 the Information Minister reported that there were more than 3,000 publications in the Ukraine. Most are distributed locally and many are in financial trouble. The most important newspapers are the Holos Ukrainy, the bilingual Ukrainian parliament newspaper, with a subscription-based circulation of 500,000; the conservative agricultural newspaper Silski visti, with 337,200 subscribers; and the Government daily Uryadovyi kuryer, with 195,800. A major problem in the print sector is the increased price of periodicals due to the extreme shortage of Russian-imported paper. Therefore, television is becoming more powerful in the Ukraine.

Unlike other republics of the former Soviet Union, the Ukraine has a variety of TV channels. There are three national television programmes in the country: UT-1 which broadcasts 15 hours a day, mostly news and information; UT-2, which is less politicised and, together with UT-3, uses an experimental programme with three hours of entertainment every day. Previously, the second channel was used only by the Russian Television Company (RTR), but as UT-2 and UT-3 produce more and more programmes, RTR’s airtimes is decreasing. The Russian public television service, known as Ostankino, is very popular among viewers in the Ukraine.

In addition to the national television programmes, more than 100 local private TV stations exist in the Ukraine. The most important among them is UNIKA-TV, because it serves as an umbrella organisation for 24 local television companies and has the potential to emerge into an independent television network in the future.

Independent radio has developed much more slowly than private television. There are about 25 either completely or mostly private radio stations in the Ukraine.

Radio landscape

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National: state radioChannel One: Information programmes, interviews with politicans, businessmen, economic scientists, plus news programme every hourChannel Two: Entertainment programme, Ukrainian and foreign music, quiz shows, live concertsChannel Three: cultural programmeChannel Four: World Service that broadcasts in Ukrainian, English and German to foreign listenersRegional and Local:There are about 25 independent mostly commercial music stations in the Ukraine.Kiev: Radio Muzyka, Rika-Studio, Radio Roks, Radio Utar, Gala Radio, Studio AbsolutLviv: Radio Lux, Lvivska KhvyliaOdessa: Radio Glas, Prosto RadioDnipropetrovsk: Radio Miks, Radio Premier, Radio DI


Before 1 September 1992, the first day of independence, the Ukraine´s media was directed and controlled by the former Soviet Union, and seen as part of the Soviet media. Headquarters were located in Moscow.

Shortly before the collapse of the USSR, a new regime began to be created. In the summer of 1990, a new media law was passed by the Soviet parliament. The USSR then disappeared from the landscape before a new television law could be passed.

Although new media laws have been introduced in the Ukraine since then, the legislative process is slow and controversial, and a comprehensive legal framework is still missing.

Currently, the media is regulated by a law on information (October 1992), the print media by a law on the printed mass media (November 1992) and the broadcasting media by a 1994 law on television and radio. These laws are steps in the right direction, but unfortunately there is often a difference between what the law says and what actually happens, as demonstrated by a report from Reporters Sans Frontiéres.

The Broadcast law, which became effective on 22 February 1994, falls short of recognising a broadcaster’s right to free expression (although such a “principle” is stated in Article 2).

The legal terminology is very vague. Article 2 prohibits the dissemination of state secrets without offering a definition of the term. Concepts such as “unbiased and reliable information” (Article 2) or “creative activities of TV and radio companies” (Article 6) are not explicitly defined, and therefore the law is hard to interpret.

A powerful National Council for TV and Radio Affairs was established, consisting of eight people (Article 5). This council is entitled to demand from all TV and radio companies any documents, information and explanations concerning their activities.

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Even worse, it is entitled to issue a warning; apply penal sanctions, or suspend or annul a licence if there is a violation of the law. The law does not specify a fixed order in which the council has to act, so it may be possible for the council to immediately annul a licence even for a minor violation.

Another weakness is that the law does not specify limits for advertising and sponsorship. The anti-monopoly restrictions should also be considered in more detail. In the Ukraine it is possible to broadcast on two TV channels and three radio channels (Article 7) as well as to publish newpapers and magazines at the same time (Article 44). There appears to have been no thought about cross-ownership and its possible problems. Foreign ownership of radio and television stations is limited to 30 %.

References

ReportsRichter, Andrei G.: Broadcasting Law in the Ukraine. In: Kleinwächter, Wolfang (ed.): Broadcasting In Transition The Changing Legal Framework In The Eastern Part Of Europe. Netcom Papers No. 3, Leipzig 1993.


MagazinesLapychak, Chrystyna: Media Independence Is Still Alien To Ukraine´s Political Culture. In: Transition, Vol. 1, No. 18, 6 October 1995.

Zernetskaya, Olga: Broadcasting Reform in Ukraine. In: Media Devolopment. No. 1,1994.

BooksMedjany, Vladimir: Die Medienentwicklung in der Ukraine. In: Hallenberger, Gerd: Krzeminski, Michael (ed.): Osteuropa. Medienlandschaft im Umbruch. Vistas, Berlin 1994.

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independent radio in central and eastern europe: … · most governments in central and eastern...

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