#6 - JRL 7283
BBC Monitoring
Russia: Media law changes provoke concern about press
freedom
Source: BBC Monitoring research 8 Aug 03
Recent amendments to the federal law on mass media that raise the penalties
for violations of the federal election law have generated significant
controversy and apprehension among Russian media and political elites.
The government has defended the changes as necessary to prevent campaign
abuses and restore the public's trust in the electoral process. Many in the
media
and political establishment, however, view the changes as a rollback of a
decade of media freedoms and a threat to free speech and free elections,
particularly in the regions.
Some observers suggested the amendments may force the media into
self-censorship in order to avoid running afoul of the election law's
prohibitions on
unlawful campaign agitation and propaganda. Others charged they may also deprive
the public of the ability to make an informed decision on which candidate or
party to support, thus casting doubt on the legitimacy of the elections
themselves.
In June the Duma and Federation Council both overwhelmingly passed and
President Putin signed into law amendments proposed earlier this year by the
president and drafted by the Central Election Commission [TsIK]. These so-called
presidential amendments are aimed at bringing four different legislative acts
into
conformity with the existing federal election law "On Basic Guarantees of
Russian Citizens' Electoral Rights and Right to Participate in a
Referendum"
(Kommersant-Vlast, 17 February).
One of the legislative acts targeted by the amendments is the federal law on
mass media (Kommersant-Vlast, 23 June). Under the terms of the new
legislation, any mass media organization committing more than two violations of
the
election law's rules on campaign coverage will be subject to closure for the
remainder of the campaign period (Vedomosti, 19 June). The TsIK, upon
determining
that such violations have occurred, will be empowered to appeal to the Ministry
for the Press, Radio and Television Broadcasting, and Mass Communications to
shut down the offending organization until the election is over. Before such
punitive action can occur, however, the courts must review the case and ensure
that such action is in accordance with the law (Moskovskiy Komsomolets, 19
June).
Many in the media claim the rules can be used to preclude making election
prognostications or reporting on topics such as candidates' personal and
professional lives or even hobbies.
The election law itself stipulates that during the official campaign period,
which begins 100 days before election day, all political party activities, as
well as those of individual candidates, will be considered "pre-election
campaigning". Any such campaigning, carried out through the media and aimed
at
influencing the preferences and actions of the voters, will be strictly governed
by rules requiring payment from election funds and the provision of equal
coverage for candidates and parties (Vremya MN, 10 July). The election law
requires
that any information on the campaign provided independently by the media be
"objective, trustworthy, and maintain the equality of candidates" and
not "bias
the electorate towards one or another side" (10 July).
Government defends media law changes as necessary, reasonable
The government, led by TsIK Chairman Aleksandr Veshnyakov, has defended the
new legislation as needed for the "protection of the mass-media from
attempts
to use them in dirty manipulations" (ITAR-TASS, 11 June).
Veshnyakov has tried to counter the "scare that roamed the pages of the
mass-media" (ITAR-TASS, 11 June) concerning the amendments by stressing
that the
closure of media organizations would only occur in "the most extreme
circumstances" (Rossiyskaya Gazeta, 26 June). "I do not think this
standard [closure]
will be applied on a massive scale. It will only have a preventive
purpose," he
explained. However, in those cases where the media are "behaving
badly,"
Veshnyakov has made clear that the goal of the amendments is to give them
"a cold
shower" (Kommersant, 28 May). Veshnyakov claimed after a meeting with media
lawyers that an understanding was reached that the changes "will not lead
to
restriction of the freedom of speech and democracy during the conduct of the
elections" (ITAR-TASS, 27 June).
- TsIK member Sergey Bolshakov likewise asserted the authorities' need for
"a
lever in those instances when freedom of speech becomes freedom of lying and
deceiving." "We are not preparing to put all of the mass-media under
our
control for the election period," Bolshakov explained, "we simply
needed a
mechanism to counter malicious violations of the election law" (Politbyuro,
9 June).
- TsIK member Yelena Dubrovina tried to reassure those opposed to the changes
that "the Central Election Commission is not obliged to constantly keep
track
of the appearance of candidates on television and in the newspapers and will
follow up only after complaints by rival candidates who are certain their
adversaries have broken the law" (Gazeta, 11 June).
Media concerned about effect of changes on press freedom, election coverage
Non-official media and observers have condemned the changes, warning that
they will infringe on press freedoms, be enforced selectively, and severely
restrict media coverage of the elections.
- "Free and democratic elections are now out of the question in Russia
because legislators shamelessly massacred our constitutional right to comment on
party platforms and individual candidates, to make predictions regarding the
outcome of upcoming elections, and to warn voters of what might happen if a
particular political force wins" claimed liberal daily Vremya MN's
Konstantin
Katanyan. Katanyan criticized the new laws for "encroaching on freedom of
thought
and speech" and allowing "officials and judges to make highly dubious
decisions
regarding the intention of the journalist" (19 June).
- Elite-oriented weekly Politbyuro's Viktor Khamrayev described the
amendments as introducing "self-censorship" by media outlets afraid of
being shut down.
In Khamrayev's view, the media "will limit themselves to the simplest kind
of
informing" with the result that "the mass of voters whose rights the
elections laws are supposed to protect will be unlikely to get a clear idea of
the
election situation and make a truly informed choice" (9 June).
- Igor Vandenko, writing in elite-oriented Novyye Izvestiya, described the
Kremlin-initiated legislative changes as being "clearly undemocratic"
and aimed
at "ensuring a win for United Russia" (31 July).
- Mass-circulation Moskovskiy Komsomolets reported on former TsIK Chairman
Aleksandr Ivanchenko's assertion that "our election law is becoming a
criminal-election law" and that its effect will be "the complete loss
of the
mass-media's freedom to cover elections" (8 July).
- Union of Journalists General Secretary Igor Yakovenko stated that the law
would be applied "selectively". "Only selected media outlets -
those initially
suspected of being able to say something wrong - will be monitored. There
would be no limitations on praising United Russia," he added (Informatsionnoye
Agentstvo Ekho Moskvy, 25 June).
Liberal politicians see potential for election law abuses
Centrist, pro-government parties have supported the president's amendments
from the beginning, while the Communists only recently dropped their opposition,
calculating that they can use the new legislation against anti-Communist
media outlets (Nezavisimaya Gazeta, 11 June). Liberal parties, however, remain
opposed to the changes.
- Yabloko campaign chief Sergey Mitrokhin criticized the toughening of the
punishment for election law violations, suggesting that the goal of honest
elections "cannot be achieved using a red-hot iron" and that, in the
Russian
context, "the harsher the law, the more chance there is that it will be
applied
unfairly." Mitrokhin feared that the election laws will be misused and
"the fight
against black PR and dirty technologies will actually become a fight against
those independent mass-media that will not support the 'party of power'"
(Politbyuro, 9 June).
- Union of Right-Wing Forces [SPS] Co-Chair Irina Khakamada warned that
freedom of the press risked becoming an "empty slogan" with the loss
of an
independent, oppositional media and objective information on candidates and
parties.
She blamed the election law's "extremely broad and vague" definition
of
campaign agitation, which leaves almost all campaign information subject to its
review (Chelyabinskiy Rabochiy, 19 June).
- Boris Nadezhdin, SPS Duma faction deputy chairman, noted that elections
occur frequently in Russia and such strict regulation of the press would become
permanent (Nezavisimaya Gazeta, 11 June).
Regional press most vulnerable to manipulation of law
Media reports suggest independent media in the regions will be especially
threatened by the changes.
- Extreme Journalism Centre Director Oleg Panfilov asserted that Russia's
regional press would be most threatened by the election law changes,
"especially
those independent media outlets that try to somehow preserve the notion of
freedom of speech" (Informatsionnoye Agentstvo Ekho Moskvy, 25 June).
- TsIK advisory member Vadim Prokhorov pointed out that despite the
suggestion by TsIK Chairman Veshnyakov that press conference coverage not be
proscribed
by the legislation, "any press conference held in the regions by an
opposition party will nonetheless be regarded as campaigning while the
pro-governor
media will be regarded as providing information to the public" (Gazeta, 11
June).
- Vremya MN's Katanyan noted the propensity of regional election commissions
"subservient to the governors" to take action against local mass media
whom
they accuse of breaking the election law (28 May).
Implications
The media law changes have been defended by the government on the grounds of
protecting freedom of speech and free elections in Russia. Many in the media,
however, view the changes as a serious threat to those very freedoms. The
practical effect of the changes will likely be greater inhibition and
self-censorship by the media in pursuing election campaign coverage,
particularly at the
regional level, where the scope for election law manipulation by local
authorities is greatest.
Aug. 10, 2003:
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