edition-dw-akademie-in-the-service-of-the-public-functions-and-transformation-of-media-in-developing-countries-pdf

Part II Kyrgyzstan: Advancements in a Media-Friendly Environmentthere had been no parallel reform in other sectors such as thejudiciary or law enforcement. 42The libel law in particular is currently under debate. Althoughlibel was decriminalized in 2011, it is still a crime toinsult public officials. This law is frequently used againstjournalists and bloggers. Over the course of the past months,there have been three unsuccessful attempts to push throughamendments “that would have severely restricted freedom ofspeech in Kyrgyzstan.” 43 One of these, a bill on false accusationsin the media, was withdrawn, only to be replaced by a versionwhich, as its backers stress, is aimed not only at journalists, butat anyone spreading ‘false information’ in the media. On April16th, 2014, the Kyrgyz parliament approved amendments tothe criminal code which threaten hefty fines and up to threeyears’ imprisonment for “spreading false information relatingto a crime or offence.” 44 Reporters Without Borders calls it a“pointless backward step” and says it “makes nonsense of thedecriminalization of defamation in 2011. By once again turninga media-related offence into a crime, the authorities aresending a deterrent message to all journalists, promoting selfcensorshipand hindering investigative reporting.” 45Several interviewees – interviewed in Bishkek in the courseof a four-day research trip in February 2014 – mention a workinggroup currently formulating new media legislation, whichincludes representatives of the media community and parliament.They have a huge task before them since the new lawsalso have to encompass digitalization, set to take place in 2015.The pace of legal reform needs to be stepped up, says one interviewee,two or three years of intense research (includingprojects by international NGOs) have paved the way for it, butprogress is halting. 46 This is partly due to the fact that politicalinterests frequently get in the way of agreement, partly alsodue to a mistrust of the fragile status quo and a fear that legislativeinitiatives could be used to muzzle free speech and blockfurther progress.As part of the transition to digital broadcasting, licensesfor analogue broadcasting are no longer being issued. The newchannel Yntymak was the last to receive a license and frequencyallocation for analogue transmission. 47 By and large, however,developments have fallen behind initial timetabling. Bylate 2011, for example, the assigning of frequencies for digitalbroadcasting was meant to have been open to competition.One online media outlet however reported that the responsibleministry, the Ministry of Transport and Communication,“allocated four multiplexes without competition to the stateownedfirm, Kyrgyztelecom.” 48Meerim Asanaly, OTRK Head of International Relationsand Protocol, confirms that legislation governing the publicservice media status of OTRK also needs to be redrafted, andagain, after a lengthy period of research, reform processes arebeing introduced. The broadcaster’s public status needs to becemented, as it is widely seen as public service media primarilyin name, with very little by way of legislation to underpin this. 49Financial legislation is one important area of reform, as theFinance Ministry still controls most budget issues, includingstaffing – a circumstance which must necessarily impact theoutlet’s independence. Also, “the procedure for ElTR and OTRKto defend their budgets in the Jogorku Kenesh [parliament] everyyear adversely affects their editorial independence.” 50As has been mentioned, OTRK is subject to a SupervisoryBoard, the 15 members of which are selected by a parliamentarycommittee. Members serve a two-year term and electionstake place annually. They approve programming and the budgetand monitor the work of the Director General – humanresource management is outside their remit, although it’sagreed that this isn’t always the case in practice. The Board isseen by some as the transformation success story, with shortcomings,one of which is the fact that any of their decisionscan be overridden by parliament. 51 For others, this lack of politicalclout means that they represent a sort of sham. 52 It ispointed out that the kinship and clan squabbles, divided loyalties,political games, and resentments that beset daily politicsare hardly magically absent here, and severely handicap theBoard’s work. 53Meetings are open to the public and members of civil societyorganizations, and this provision is regularly made useof. Despite the reservations of some observers, the Board is animportant factor in the broadcaster’s independence, since at25OSCE 2014.26USAID 2014.27http://soros.kg/en/28http://eng.internews.kg/category/otrk/29http://www.i-m-s.dk/30http://eng.internews.kg/category/otrk/31Associations of private media,state-owned media andadvertising agencies.32Marina Kydyralieva, Joint MediaCommittee ( founding member),advisor to Director General ElTR.33http://eng.internews.kg/category/otrk/34Yelena Baranouski, Joint MediaCommittee ( founding member),Bishkek.35Internews 2014a.36Meerim Asanaly, Head of InternationalRelations and ProtocolDepartent, OTRK.37Ibid.38Corina Cepoi, Project Director,Internews Bishkek.39Ibid.40DW Akademie and OSCE Academy(summer school – see Tables);OTRK’s own newly-establishedtraining department;Kloop Media.41Sultan Zhumagulov, DirectorGeneral ElTR.42Rickleton, September 29, 2011.43IREX 2014, 251.44Reporters Without Borders 2014b.45Ibid.46Marina Kydyralieva, Joint MediaCommittee ( founding member),advisor to Director General ElTR.47IREX 2013, 262.48Ibid., 263.49Meerim Asanaly, Head of InternationalRelations and ProtocolDepartment, OTRK.50IREX 2014, 253.51External Analyst, Policy OfficerOSCE – wishes to remainunnamed.52Employee, InternationalRelations Department, OTRK –wishes to remain unnamed.53Yelena Baranouski, Joint MediaCommittee ( founding member),Bishkek.Edition DW Akademie In the Service of the Public 57