Syndicate: Albanian Media Monitor 18

[geert@xs4all.nl]

From:          "Neven Andjelic" <neven@ijt.org>
Date:          Tue, 19 May 1998 17:43:26 +0100
Subject:       Albanian Media Monitor 18


Albanian Media Monitor
Vol. 2 No. 10 Issue 18
15 May 1998

Welcome to the 18th issue of the "Albanian Media Monitor," a biweekly
newsletter produced in Tirana by the Institute for Journalism in
Transition (IJT). The "Monitor" provides media-related news and analysis
in English and Albanian. Please see below for more information on IJT. 

In this issue:

* Bomb attack against a Koha Jone journalist
* Public debate on the draft broadcasting law begins
* A round table with private broadcasters
* The long road to the new draft

BOMB ATTACK AGAINST  KOHA JONE JOURNALIST IN VLORA

A night bomb attack on 10 May on the home of Koha Jone's Vlora
correspondent Zenepe Luka injured her two little sons and two children of
the family's neighbours. All four were only slightly hurt. The attack came
only hours after the Democratic Party (PD) held a rally at which PD guards
had refused Luka access and reportedly threatened her. The rally marked
the beginning of the election campaign for partial local elections that
will be held in June in electoral districts where the city councils
largely collapsed during 1997. The Socialist Party daily Zeri i Popullit
quoted Luka as saying that one of the guards told her to better not enter
the meeting, because there was a bullet ready for her. Only after an
intervention of OSCE ambassador Daan Everts was she allowed to follow the
event. 

Many PD members don't hide their hatred for the Koha Jone journalist. Luka
has become well known during the March 1997 revolt in Vlora, when she was
one of the few reporters in the city. The PD has since then accused her of
having promoted and stirred the unrest with her reports. Luka has
countered the charges, stressing that she had been reporting from the
scene about events that the PD wanted to hush up. She maintains that she
reported the truth by giving first-hand accounts. Luka?s reports were
highly critical of the previous government of Sali Berisha. 

In February 1998, Luka published a book about the Vlora unrest titled
"Vlora, Vlora, Notes." The book is a collection of articles and interviews
that Luka published in Koha Jone between 5 February and 30 June last year. 
These included interviews with student-strike leaders and the head of the
city's salvation committee, Albert Shyti. 

Addressing last Sunday's demonstration, PD legislator Azem Hajdari
mentioned her name in the same breath with that of notorious Vlora gang
leader Zani Caushi. Hajdari said that Prime Minister "Fatos Nano wanted to
place Zani Caushi, [former Koha Jone journalist and current Albanian
Telegraph Agency head] Frrok Cupi, [Democratic Alliance leader] Neritan
Ceka, and the slut (sic) Zenepe Luka above the national flag, above the
truth and above [national leaders] Ismajl Qemali and Isa Boletini." 

Local Police Chief Rebani Memsuhi stressed that the 5-kilogram bomb was
the most destructive explosive device used in Vlora since the end of the
unrest, adding that "this attack, aiming to physically eliminate Zenepe
Luka's family, was also targeting the free press." Memsuhi also pointed
out that a tragedy was only prevented by the concrete wall surrounding the
house. The police launched an investigation into the incident. 

Albanian's professional journalists? union condemned the blast as an
attack against the freedom of press and demanded severe punishment for
those who were behind it. In addition, the union decided to go on a
solidarity strike until 17 May, during which they will not report any news
from the southern port city. It also called on all newspapers, who have
journalists in Vlora to publish a white page as a sign of protest against
the attack. The association said it believes that recent articles
published in the right-wing daily "55" may have encouraged the attackers.
"55" has published in recent month articles harshly accusing the citizens
of Vlora for last year's events, often using an insulting and
argumentative language. In early May, several hundred people in Vlora
filed slander charges against the daily. 

The association joined the call for investigations by the prosecutors
office into the matter. Its declaration concludes that "the terrorist act
was organized precisely at the moment when Vlora is full of hope and
expecting foreign investment. It was done deliberately to destabilize [the
situation] and it was aimed primarily at journalists who have in the best
way contributed to giving information from Vlora in the most difficult
times, when the state did not exist." The association opened a solidarity
bank account for Luka's family and Prime Minister Fatos Nano sent an open
letter in which he called the bombing "a terrorist attack against the free
press, democratic values and against everybody who is trying to build a
civil society in Albania." 


NEW MEDIA LAW UP FOR DEBATE

On 8 May, head of parliament's media commission, Musa Ulqini, presented
the draft Law on Private and Public Radio and Television at a press
conference held at the Albanian Media Institute. One day later, the draft
was published in a special supplement of Gazeta Shqiptare. 

The draft regulates private and public radio and television broadcasts as
well as the different forms of transmission, such as the terrestrial
frequencies, and satellite and cable networks. The expert commission
claims that the draft is in accordance with the Universal Declaration of
Human Rights (Article 19), the European Convention of Human Rights
(Article 10), European conventions on cross-border television broadcasts,
various Council of Europe recommendations for electronic media and
fundamental documents of the European Broadcasting Union. 

The draft demands that broadcasts respect "personal dignity; fundamental
human rights; impartiality; completeness, truth, and pluralism of
information; [have in mind] the protection of children and teenagers; 
protection of public order, national security, and territorial integrity,
and the Albanian language and culture; the protection of constitutional
rights of [individuals] and national minorities in accordance with
international conventions that Albania signed; [and] Albania's religious
diversity." Furthermore, local radio and television stations must devote
at least 15 per cent of their total air-time to programs and information
that are directly related to the local audience and are not of commercial
character. At least 60 per cent of broadcasts on all radio and television
stations -- in compliance with the convention of the European Broadcasting
Union -- must comprise European programming. Of these, the draft further
stipulates, 40 per cent must be of Albanian origin. The draft also says
that standard Albanian has to be used for all transmissions with the
exception of music programs, language-education programs, and those
programs aimed at national minorities. Films in foreign languages must be
subtitled. 

The draft foresees a National Radio and Television Council as the supreme
licensing body. The council will have seven members -- chair, deputy
chair, and five members -- who must come from different professional and
social backgrounds (culture, judiciary, business, education, mass media,
and broadcasting technology). The parliament is in charge of approving the
members. The Albanian president will propose one member, and the
parliament's media commission will propose the rest, three of which will
come from the opposition, the other three from the governing coalition.
The council members will serve five year terms that can be extended for
another term. The seven members will elect the chairman and vice chairman
in a secret vote. 

The draft also contains conflict-of-interest regulations, which forbid the
council members to hold important positions in political parties or
associations, or be parliamentary deputies or government members. They
also may not be shareholders in companies that hold large stakes in the
mass media, and they may not represent economic interests that are in
contradiction with their duties. 

While the council will be in charge of deciding which stations can receive
broadcasting licenses, it will be up for another institution to regulate
the frequencies. This will be the job of the Telecommunications Regulatory
Body (ERT). The draft provides for a complaints commission, but no final
solution regarding the appointment of that commission has been included. 
According to the first option, the parliamentary media commission would be
in charge of appointing commission members, while the second scenario
would assign that job to the National Radio and Television Council. In any
case, the complaints commission will have three members with three-year
mandates.  Its job will to sensitize the public opinion by supporting the
public in addressing issues of moral and ethic standards of the
broadcasts. It will have the right to review all broadcasts following
their airing and to organize public discussions about its findings, which
will also be published. 

According to the draft, political parties, religious communities, credit
institutions, and state authorities cannot receive broadcasting licenses. 
The draft includes a provision that says that the National Radio and
Television Council has the right to confirm that a bidder has the
financial capacity to realize his project. The draft also states that each
radio and television station must have a board of directors and that
station owners do not have the right to violate the editorial
independence. 

Ulqini has called on all interested institutions and individuals to give
concrete recommendations for changes within 20 days after the publication
of the draft in Gazeta Shqiptare. Ulqini stressed that the parliamentary
media commission will only review written recommendations that are clearly
focused and include concrete proposals and alternative formulations. The
recommendations should also refer to international documents regulating
the media or to experience in third countries. All interested parties are
invited to contact the office of the parliamentary commission directly on: 
00355-42-28216, fax.: 28386


A ROUND TABLE WITH PRIVATE BROADCASTERS

On 12 May, as a first in a series of public discussions, a round table
focusing on the aspects of the draft that deal with the private radio and
television broadcasters was held in Tirana. The discussion was organized
by the parliamentary media commission, the Council of Europe, the Soros
Foundation, and the Albanian Media Institute. 

During the debate, participants raised numerous concerns about the text of
the draft. The head of the Association of Private Broadcasters and owner
of Klan Radio and Klan TV, Aleksander Frangaj, welcomed the law but said
that in various aspects it was written from the perspective of a
competitor to private broadcasters and that it consequently favoured
public radio and television. 

The most hotly debated issue during the round table was that of licensing
requirements. According to the draft, only joint-stock companies that have
broadcasting as their exclusive aim can receive a national broadcasting
license. Frangaj remarked that, under current economic circumstances, it
would be difficult to create companies that do not get involved in other
businesses and use the incomes from such activities to subsidize their
broadcasts. The draft, however, regulates such subsidies in a special
chapter about sponsoring. 

The draft includes two options for the maximum ownership stake in
broadcasting companies. According to the first option, no single
shareholder will be allowed to hold more than a 40 per cent stake, while
the second options puts that figure at 49 per cent. At the same time,
either of the figures will also figure as the maximum percentage
foreigners can own in a broadcasting company. Also no shareholder owning
more than 15 percent of one national broadcasting company is allowed to
own -- directly or indirectly -- more than 15 per cent of another
broadcasting company. 

Frangaj argued that this particular provision in the law was not taking
into account Albanian realities. He said that it is unlikely that three
owners will agree on forming such a joint-stock company, because the
Albanian business experience has shown that such companies do not survive
for a long time. But Musa Ulqini, head of the parliamentary media
commission, pointed out that the maximum-ownership-stake limits were
higher than in most other European countries. He also pointed out that
this requirement does not apply for local stations. Licenses for local
stations can be given to legal or physical persons and non-profit
organizations, but each of them may receive a license for only two
regional zones. 

The draft also specifies that the National Radio and Television Council
will issue national broadcasting licenses for a period of six years for
radio and eight years for television, while local stations will receive
licenses for three and five years respectively. Frangaj criticized that
provision, saying the period was too short and discouraging investors. He
argued that for large investments, such as national radio and television
stations, the license should be valid for at least 15 years. Frangaj
reminded that, license can anyhow be withdrawn within six months in case
of law violations and abuse, which is a sufficient means of maintaining
order in broadcasting. 

The draft also includes a paragraph banning four kinds of programs. These
include airing of information that constitutes a state secret and that can
cause harm to national security. Frangaj criticized that article harshly,
arguing that it was not the journalists? job to determine what state
secrets are but the duty of civil and military servants to keep the
secrets. He stressed that the paragraph would invite abuse and should be
scrapped. He went on to say that such a provision already existed in the
penal code and that hence it did not belong in the broadcasting law. 
Another paragraph bans programs that violate the privacy of citizens,
broadcasting of decoded messages against fundamental state interests, and
pornography. The latter two issues were also disputed, particularly
prompting questions as to where the dividing line between erotica and
pornography was to be drawn. 

Frangaj also criticized the provision that all assets of Albanian Radio
and Television--including transmitter stations and the lots on which they
stand--will be transferred into the property of the new public
broadcaster.  He argued that this should only apply to the technical
equipment but that the real estate on which they stand should remain under
the administration of either the National Radio and Television Council or
the Telecommunications Regulatory Body (ERT). He pointed out that the
public broadcasting institution may otherwise refuse to let private
broadcasters install their own transmitters on the same locations. He
stressed that equal access to these locations, often perched atop
mountains, was crucial, since they were equipped with power lines. 

In a final point, Frangaj raised the issue whether the newly introduced
license fee, which will be collected parallel with electricity charges by
the power company KESH, should only come to the benefit of public radio
and television. He proposed that a part of that income be given to private
broadcasters. But Ulqini stressed that, unlike the public broadcaster,
private radio and television stations will not have limits on advertising. 
Public radio will not be allowed to broadcast commercials for more than 10
percent of the total air-time, while that figure is set at 15 percent for
the public television. 

Televised debates about the draft, carried both by state and private
television stations, should follow. Recommendations to the media
commission can be made until 28 May, when the working group will review
the sent material. Afterward, it will present its findings to the European
Broadcasting Union and the Council of Europe, which will give an expert
opinion on the disputed points within 14 days. The draft will then be
passed on to the parliamentary media commission for final drafting.
Finally the law will be presented to parliament in the last days of June. 


BACKGROUND TO THE BROADCASTING-LAW DRAFT

The work on the law began in February 1995, when the previous parliament's
media commission created a working group headed by PD deputy Roland
Tafili.  The group worked for eight months on the draft, but the process
was interrupted in 1996 (during the run-up to the parliamentary elections
that year), largely because the PD majority in parliament was not
interested in promoting greater pluralism in the media during the election
campaign. The subsequent parliament did not resume work on the draft
either. Instead, it delayed the whole process until its last session
before parliamentary elections, following the 1997 unrest. On 14 May 1997,
parliament approved the Law on Private and Public Radio and Television,
which, despite the name, did not regulate public but only private
broadcasting. The law included a one-year amnesty for all existing private
radio and television stations to get registered, but it was never
enforced. The National Radio and Television Council envisaged in the 1997
law has not yet been created and thus the licensing process will be
further delayed until parliament approves the new draft. In any case, the
new broadcasting law will replace the May 1997 law and invalidate all of
the previous media-related legislation. 

The work on the new law resumed in summer 1997, after the Socialist Party
gained the majority in parliament following yet another general elections. 
In October 1997, the media commission created a working group composed of
legislators as well as legal and media experts. Finding serious lacks in
the May 1997 law, the working group decided to develop a new comprehensive
legislation that would replace rather than amend the old law. 

In the process of drafting the law, the working group consulted experts
from the BBC and the Hungarian, French, Czech, and Turkish public
broadcasters and paid several visits to the respective institutions. The
working group has also received assistance from legal experts from several
international media-related institutions. 

***************************************************************************
Albanian Media Monitor Project
Project Director: Fabian Schmidt
Project Officer: Andi Bejtja

The "Albanian Media Monitor" is produced in Tirana by the Institute for
Journalism in Transition and funded by the Open Society Institute's
Regional Media Program. It is available by e-mail in both English and
Albanian.
***************************************************************************

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