INDEPENDENT MEDIA

PUBLIC SERVICE BROADCASTING

Project " Public's right to Know and Public Service Broadcasting " was financed by UNESCO in its framework of sub-programme on "Strengthening communication capacities", main line of Action on " Strategies and projects for the development of communication and information and promotion of enogenous production and activity on " Support to PSB, audiovisual exchange and assistance to independent media in transition". The project was aimed to liberalize state monopoly and control over national broadcasting and promote dissemination of objective information thus safeguarding media freedom.

The project targeted at Members of the Parliament of Mongolia ( State Ikh Khural), lawyers, media professionals, civil society groups, general public and objectives were:

- Assist in drafting the Parliament's version of PSB Law and provide advocacy for adoption
- Raise awareness of the politicians, broadcasting managers and professionals by equipping them with significance, importance and concept of public broadcasting
- Increase the citizens' knowledge on PSB as it is an essential part of their right to know

Activities:

- Access to the Air Waves and Principles on Freedom of Expression and Broadcast Regulations (Mongolian)

Document produced by ARTICLE 19- London based global campaign for free expression was translated into Mongolian and distributed to relevant parts

Round tables: Public's right to Know and Public Service Broadcasting

The first round table was held on 24 October 2003 at Center "Elite" and involved 23 participants.

Ms.H.Naranjargal, head of Globe International opened the round table and said:

-After the Law on Media Freedom was passed in 1998, the Parliament has issued a Resolution on converting state-owned Mongolian Radio and TV into PSB but nothing is happening until now. Political parties put the legislation in their election platforms. Unfortunately, they are still not committed to do it. There are several drafts produced by different parties since Mr. P. Ochirbat, the first President of Mongolia has initiated the first draft in 1991. The latest draft was issued by the Ministry of Justice and Home Affairs 3 years ago but it is not submitted yet. Now some members of the Parliament are preparing their version of PBS legislation

Mr. B. Ovgonkhuu, MP – an initiator of Law Draft on PSB opened the round table-dinner and he noted in his speech that PSB is crucial need and these discussions would bring good and fresh ideas on the draft legislation. He requested the participants to focus on the principles of formation of the Governing Body and financial structure of the PSB.

Mr. D.Tserenjav, Chief-in-Editor of magazine " Media Monitoring" took presentation " Public's right to know and public service broadcasting".(Mongolian) He told the participants about his studies conducted between the dates from October 01 to October 22 of 2003 on TV news and programmes of TV stations: Mongolian National Radio and TV, TV5, Channel 25 and TV9. In his study he focused on how the Mongolian TV are professional and how they provide public interest information. According to him, TV journalists reports have only 2 types of information: events that easy to cover and transmit the information, which is ready for use. The first is that meetings of politicians or high officials, seminars, workshops organized by organizations. The 2d type is press conferences. The author concludes that Mongolian TV channels serve the politicians or high officials, not the public and there is no independent reporting for public need and interest. He also noted that the Mongolian TV channels do not produce public discussion programs, which could be one of the main priorities in the society. He stressed on importance of mechanism of public control and influence, and 3 principles: to select the news, be independent and to provide pluralism.

Mr. Toby Mendel, Law Programme Director of ARTICLE 19 attended the round table and introduced the participants with nature and concept of PSB and principles of international standards on PSB legislation. He concentrated on 2 types of the nomination of the Governing Body: German and South African approaches and the direct public funding.

2d round table was held on 19 November, 2003 at " Elite" Center and Goal of the round table was to introduce the MP with the draft PSB legislation and reinforce discussion on its concept and principles.

Round table-dinner involved in total 12 participants: 4 MP, 3 Globe lawyers and 2 persons from the Ministry of Justice, one UNESCO representative, one representative of MNR&TV and a law-maker.

Mr. B. Ovgonkhuu, MP – an initiator of Law Draft on PSB opened the round table-dinner. He emphasized that his team is proposing PSB legislation version for discussion in this meeting.

Ms. H.Naranjargal, head of Globe International has introduced the participants with the present broadcasting situation of Mongolia. She said: " As of 2002 according to the Media Monitoring Report of Press Institute, there are 33 radio stations and 13 of them operate in Ulaanbaatar. Total air- time of the radio stations is more than 2600 hours per week. Mongolian National Radio has 126 hours of broadcasting. It was 119 in 1999. As concerns TV broadcasting, there are 32 stations all round Mongolia and 5 of them are located in UB. Total broadcasting time is nearly 500 hours per week. MNR&TV has increased its air time as twice since 1999 from 47 till 80 hours. Now 2 more private channels started broadcasting and one stopped its activities. It is American- Mongolian joint Eagle TV. As concerns the status of TV channels: UBS is run by UB City's Local Parliament and MNR&TV is still government-controlled, Channel 25 and Eagle 25 are privately owned. 6 of the provincial TV stations are private, ones, 10 – owned by the Local Parliament and 10- run by the local Government. 2 of the stations run by public organizations(NGOs). As regards status of radio stations: there are 11 private FM stations out of 14 UB-located ones. As concerns the provinces, there are 23 radio stations and 8- private, 5- run by the local Government, 4- run by the local Parliament and 5 community stations established by financial support of Soros Foundation.

There are also 13 cable TVs and 3 of them operate in the provinces. There are no legal regulations for all the above broadcasting stations. As it seen, 15 broadcasting stations out of 82 define their status as public service. The Law on PSB should regulate this practice and guarantee the legal status of the stations. If the Law guarantees the only PSB in Mongolia, the provincial stations could be the local branches and UBS should be privatized. If the Law permits several PSB stations, UBS and other local stations can be regulated by the general PBS.

Mr.B. Ganbaatar had taken his report on the present technical, technological and financial situation of Mongolian Radio and TV. He said:" During the 10 years of transition leadership of Mongolian Radio and TV have been changed 8 times. Future of MNR&TV is still not clear and it continues to be the most controlled media outlet. Nothing is happening since 1998 Law on Media Freedom even though the Parliament Resolution obliged the Government to make structural changes of MNR&TV and transfer it into PSB. There are some steps take towards this change. In 2002 the Government issued a Resolution No 28 on collection of license fees from the audience and it is app. 1 bln. MNT but this amount is divided among 3 TV stations: MNR&TV, Channel 25 and UBS. Expenditure for collecting license fees is 25% of the income. It is app. 1/3 of the total annual budget of MNR&TV. It means this 1/3 is funded by the public. Another 1/3 of the budget come from adds and other /3 is provided by the Government. State funding covers expenses of channels"

Ms. E. Myagmardorj, Law Consultant has introduced the participants with concept of draft PSB legislation and principles of her draft. She said the draft was developed on the basis of international standards and model law, and Globe International has provided documents and handbook.

The Participants actively discussed the present situation and the draft mainly concentrating on the Governing Body, property, funding and structure of the local broadcasting stations.

Mr.D. Demberel, Chairman of the Parliament Standing Committee on State Structure has concluded:
1. Property of the present MNR&TV must be taken into account in such way that channels remain as state roperty and other property including building, equipment etc. should be transferred to public broadcaster. The issue should be reflected in the draft

2. Draft should provide independence of local broadcasters. Governing Body can be nominated in the similar principles with MNR&TV. Draft should consider interests of the local communities

2. Draft should provide the public need and should be interpreted in correct ways. Public control and power should be reflected

3. Governing Body should be approved by the multi-party Parliament and include more public representatives as possible

4. Funding is the most important and the first is public funding. It could include some state funding as well but it should be considered as state subsidies not direct finance

5. State should be permitted to have its own waves of channels

6. The draft will affect some economic and social issues so the Parliament Standing Committees on Economic and Social Issues should be involved

7. The Ministry of Justice and Home Affairs should help to the Law drafting group in proper and relevant decision of properties and advise on the existing laws, which would affect the new law.