Enabling Environment for Social Accountability in ... - SASANet

nine. 89 Of the 28 province-based television stations, 20 were state-owned, seven were private, and one
was classified as other. 90 As part of its 2005 election media monitoring efforts, Globe International
covered the five Ulaanbaatar-based television stations, as well as the national broadcaster. The first round
of monitoring found serious biases in all but one station. although this had improved significantly during
the period covered by the second report (Globe International 2005a and 2005b).
The relations between Mongolian media and civil society are generally sound. Most CSOs, particularly
Ulaanbataar-based NGOs, are able to attract news coverage of their work. Several CBOs, such as the
Ongi River Movement (annex 3) have worked closely with the media over a number of years to build
better relationships and thus ensure better coverage. Many CSOs have complained, however, that they are
often required to pay for coverage that may be tied to the structure of the media discussed below.
Furthermore, NGOs must pay to broadcast their own productions, including various public interest
programs, though they have effectively relieved the media of the responsibility to produce it themselves..
Consequently, several stakeholders described CSO-media relations as adversarial. In response to a wave
of media criticisms at the CSO forum during the study’s dissemination, a representative of PRTV
commented that “it is easy to accuse the media.” 91
THE LEGAL FRAMEWORK
The constitution guarantees basic human rights, including freedom of expression and freedom of the press
(Article 16.16). These rights may not be used to harm national security or the rights and freedoms of
others, or to violate public order (Article 19.3). The 1998 Law on Freedom of the Media supports these
constitutional guarantees, prohibiting censorship and the adoption of laws that restrict media freedom
(Articles 2 and 3.1). In practice, however, neither of these documents is consulted in legal cases involving
the media such as defamation cases (discussed below). As the president of Globe International observed,
Mongolia has “good [media] laws but bad governance” in terms of weak enforcement, as well as the
journalists’ lack of awareness of their rights.
BROADCAST REGULATION
All broadcasters are required to obtain a license from the Communications Regulatory Commission
(CRC), ostensibly an independent body with its own oversight committee. The CRC is appointed by the
prime minister and staffed almost entirely by senior civil servants. Licenses are awarded through a
competitive tender process. A group composed of staff from the CRC and other related ministries (such as
finance and justice) assesses applications and makes recommendations to the CRC oversight committee,
which makes the final licensing decision. There is a methodology for rating competing applications,
which is based on technical factors such as financing, broadcasting expertise, and equipment rather than
more general public interest considerations such as proposed program content.
It is unclear whether or to what extent there is political interference in the licensing process at the CRC
level. None of the broadcasters interviewed registered any complaint, although as successful applicants
89 Mention should also be made of Eagle TV, formerly a terrestrial broadcaster that now goes out on cable. Channel
8 is apparently being held in reserve for Eagle TV, should it be able to resolve internal differences that led it to cease
terrestrial operations in 2003.
90 As these figures are from 2003, for reasons noted in footnote 2, there are now in fact 30 province-based television stations.
91 While one CSO leader interviewed during the dissemination phase indicated that CSO-media relations are “not so good… not
very developed” in Mongolia because “the media doesn’t think the CSOs are important,” another criticized the media for “not
appreciating democratic values.”