Activity Details (ID# 1637)

Activity Synopsis

The aim of the meeting was to present the scope and main features of the European Convention on Transfrontier Television (ECTT), which offers a clear and predictable framework for transfrontier broadcasting based on a number of minimum standards. The main topics on the agenda were ''Freedom of reception and retransmission of television services” and “Responsibilities of broadcasters as regards programme content”. Participants from the three countries were invited to talk on each topic and to describe the situation in their country -notably with the aim of identifying the obstacles or shortcomings which could hinder the free flow of broadcasting across the Caucasus States. 

The content of the debates/discussion was good. The main issues addressed were:

Freedom of reception and retransmission

Armenia: there are no limitations for the satellite reception of foreign programme services or for cable retransmission, but as regards terrestrial retransmission of foreign channels, the law envisages a limit of 1/5 of the available frequencies. The law and practice seems largely compatible with the requirements of the ECTT, in the event of accession to this instrument;

Azerbaijan: the terrestrial retransmission of Turkish and Russian channels is governed by intergovernmental agreements with these countries, and does not seem to cause major problems. In the event of accession to ECTT, the rule of free reception/retransmission would override such international agreements;

Georgia: it seems that under the draft broadcasting law, operators wishing to retransmit foreign channels have to request an authorization from the regulatory body, and that the authorization will be granted if the operator proves he has a legitimate right to retransmit the channel in question. Requesting such authorizations for cable and satellite retransmission could be a little restrictive in the light of the ECTT.

The narrow derogations to the principle of free flow of information across borders in both the ECTT as well as in Article 10,2 of the ECHR were emphasized by COE experts. The question of the violation, by a foreign channel, of the advertising rules in a receiving country generated interest, and attention was therefore drawn to Article 16 of the ECTT, which addresses this particular problem.

Programme content

The representatives of the private broadcasting organizations from Armenia and Azerbaijan mentioned that their stations attempted to address the conflict between their countries in a “positive” manner, for example with objective discussion forums, or by sending crews to each others’ capitals to produce joint programmes, etc.

The Georgian professionals presented a less “rosy” picture, and mentioned that electronic media in Georgia created negative/stereotyped images of religious and ethnic minorities, and of the separatist regions of the country.

The private TV sector, as compared to State/Public TV, seems to play an important role in the three countries as regards pluralism, impartiality and tolerance values, unlike in the older democracies, where PSBs have special obligations as regards tolerance, minorities, etc. Until the State TV structures are transformed into genuine public service broadcasters, this important contribution of the private sector in the Caucasus should be acknowledged.
 

The meeting served to make the main legal instrument of the COE in the broadcasting field, the ECTT, better known in the region. Accession to this Convention has been considered by the authorities in these countries and could be possible in one or the other of them in a near future.

Besides the questions of freedom of reception and retransmission, and the contribution of broadcasters to tolerance and national reconciliation, others topics not directly on the programme were discussed at some length, in particular that of public service broadcasting. Since Azerbaijan is on the threshold of adopting a law on PSB, hopefully the exchanges and advice offered by COE experts on this matter during the meeting (basic principles on financing, PSB during elections, etc) might have a positive impact on the finalisation of this draft by the Azeri authorities, before its formal submission to the COE for expertise.

Given the importance of regional co-operation and the sharing of expertise among the South Caucasus States, the Armenian participants expressed their desire of organising a follow-up meeting in Yerevan, in the second half of 2002 or in 2003, with financial support from the COE, also addressing broadcasting regulation questions and the ECTT.



 

The meeting gathered government officials nd parliamentarians responsible for the media, as well as regulators and broadcasters, from Armenia, Azerbaijan and Georgia 

Mr Karol Jakubowicz (Poland)
Ms Carolyn Morrison (United Kingdom)
Ms Irina Boulin-Ghica (France)
 

Mr Ramon Prieto Suarez, DGII