INDEPENDENT MEDIA

Free and Fair

The challenge of objectivity, impartiality and balance in journalism is faced daily by journalists, but there is no test of professionalism greater than that posed in the heat and pressure of a bitterly-fought political election. The election is also test of political commitment to democracy. It is a time of impulse to manipulate media and to control information.

That is why Globe International, NGO in partnership with Confederation of Mongolian Journalists committed to run the project " Free and Fair.

The project met the following needs:
- Lack of awareness of media owners and editors on public interest of balanced election coverage
- Mongolian media do not have its guides or principles on election coverage
- Lack of public awareness media's duty to represent their rights

The project was run by the joint staff consisted from 3 persons and it also was contributed by Guidelines Drafting Group and members of Experimental Self-regulatory Body- Hevleliin Tsets

Project goal was to encourage fair elections by promoting balanced and fair election coverage

Project targeted at media owners, editors, journalists and the public

Activities:

- Introductory Round table

The project started with an introductory round table "Free and Fair" with aim to reinforce discussions on need of media guidelines on election coverage. The round table was held on March 30,2004 at Chingis hotel and involved more than 70 representatives of the public, civil society groups, media owners, editors and journalists.

Mrs. H.Naranjargal, head of Globe International welcomed the participants and introduced them with goal and objectives of the project.

Presentations:

“Media and Election” (Mongolian) by Mr. D.Tsendjav, Vice-President of CMJ
International experiences: Mr. D.Tserenjav(Media Monitoring magazine)
Mr. D.Batjargal(Press Institute)

As a result participants of the round table agreed to establish the Working Group to draft Media Guidelines on Election Coverage and establish Experimental Self-regulatory Body

Ethical Guidelines on Election Coverage
Rules of Hevleliin Tsets (Temporary Press Jury-TPJ) (Mongolian)
Meetings of TPJ and decisions

The above documents were approved by delegates of Joint Conference, which was was organized on 14 April 2004 at Chingis Hotel and involved more than 90 participants.

Presentation:

Need of ethical principles and press jury (Mongolian) Mr. D. Zumberellham, lawyer, PhD, professor

During the discussions provision of draft principles, which said " Journalists should clearly distinguish paid and non-paid advertisements" faced brown resistance of private newspaper representatives. Civil society organizations supported the initial text of the Principles referring to provision on illegal advertising in accordance of the Law on Advertisement. Some Mongolian Laws, particularly Law on Advertisement and Law on Parliamentarian Elections are contradictory to international standards. For example, international standards says " Private print media has right to express political preferences" (ARTICLE 19- Recommendation No R(99)15 on Measures Concerning Media Coverage of Election Campaigns,9 September 1999, Section I(1) ) so after voting the provision was accepted with changes adding words: "State-owned media" that means public media. Public media includes private broadcast media, otherwise waves, they use, are public property.

Constraints/difficulties

1. Due to absence of National Code of Ethics accepted by members of journalists' organization to refer so it is decided to use Code of Conduct of Journalists of the International Federation of Journalists (CMJ is full member of the IFJ) and media guidelines of 10 countries of democratic culture and in democratic transitions.

2. It was difficult to provide legal justification for adoption of ethical norms because in general it is a matter of Congress-highest organ of membership organization.

3. Due to lack of awareness it was difficult to engage more media leaders of broadcast media for promoting "Ethical Principles of Journalists" (Ethical Principles). Media leaders seemed to support "Ethical Principles" but in the reality they did not act to correctly. Unfortunately, they served for interests of the ruling party

4. It was exposed from the survey that journalists working under pressure and censorship could not follow the "Ethical Principles"

5. It was difficult to define legal status of Temporary Press Jury to be respected and accepted by customers: political parties and media professionals. In the practice existence of such a body is founded and adopted by Congress as well. So representatives of target groups decided to discuss it in their Board meetings and nominate their delegates to a joint conference

6. Confederation of Mongolian Journalists-project partner could not be committed until the end of the project and CMJ produced A Statement in favor of the ruling party during the election campaign, which was not convenient with main concept of the project

CONCLUSION/RECOMMENDATIONS

Strengths:

- Project was important that tried to encourage journalists to follow "Ethical Principles" for the first time since constitutional recognition of freedom of expression and speech
- Project was significant that managed running the first self-regulatory body -Temporary Press Jury during 2004 Parliamentarian Elections
- Project was successful in coming to agreement of journalists' and publishers' organizations to work together on the project
- Project studied the journalists' opinion and understanding on professional ethics and self-regulatory body and exposed difficulties and problems in exercising their professional rights

Weakness:

1. Initial idea of general media guidelines on election reporting to engage media outlets was changed during the meetings of Working Group and turned to " Ethical Principles of Journalists". Project applicant wanted to secure project success so agreed to count interests of target groups

2. Due to lack of awareness of politicians and journalists and their inexpediences using self-regulatory body of media Temporary Press Jury (TPJ) received only 2 complains

3. Working rules of TPC were too narrow and did not predict the details in reviewing cases

4. Project partner-Confederation of Mongolian Journalists was not active in the following project activities

Conclusion

1. The project activities reached the target groups: media owners, leaders, journalists and the public
2. Mongolian journalists have their commitment to follow ethical principles but they experience problems in exercising it while working under political censorship and pressure of their managers
3. The project enabled to analyze the present situation of media freedom and journalism independence in the reality and exposed that forms of censorship is exiting and very high
4. The most of journalists recognize the importance of self-regulation system and consider that effective use of Press Jury will help them to prevent from professional mistakes and correct it without interference of force institutions.

Recommendations

Basing on experiences gained during the project we recommend some follow-up activities, which are outlined below:

1. To immediately discuss and adopt Media Guidelines on Covering Elections for broadcast media involving all relevant parts, particularly General Election Committee and political parties on the basis of international standards
2. To encourage development and adoption of National Code of Ethics to be accepted and respected by Mongolian journalists
3. To establish regular functioning Press Jury with appropriate structure and proper statues on the basis of best practices of other countries
4. To run campaign on democratic culture of mass media through activities that raise an awareness of media leaders and journalists on role of effective self-regulation system and respected Ethical Principles
5. To encourage regular functioning of official Press Jury through developing proper rules, capacity building of members, raising awareness, training and learning best experiences of other countries
6. To provide media advocacy to secure editorial independence
7. To empower the journalists to safeguard their professional rights through increasing role of journalists' organization and building its capacity
8. To run wide campaign against censorship
9. To increase media role in democratic elections through mid-term training for working journalists, particularly on political debates, independent expertise of election platforms and other forms of independent journalism
10. To advocate and lobby legislation of public service broadcasting
11. To conduct monitoring in breaches of media freedom
12. To amend media provisions of the Law on Parliamentarian Elections