PUBLIC DEVELOPMENT

INTERNATIONAL CIVIL SOCIETY FORUM/MEDIA CAMPAIGN

Media, democratization, civil society

The presentation is a joint contribution of the Mongolian journalists and media professionals. It is a result of main issues discussed during the workshop on Civic Journalism and Forum of Mongolian Journalists, which were organized in the framework of preparation of ICSF. The presentation was discussed by round table of journalists held just a week ago.

The presentation includes 3 parts:

I. Successes/ Achievements
II. Challenges/Constraints
III. Conclusion

I. Successes/Achievements

Free media was a new phenomenon in society just 10 years ago and it became a real in Mongolia It is the main and the biggest success in the democratic transition
Factors that influenced:

- Political environment was favorable

Concept of media freedom was brought to Mongolia by an idea on democracy. Political reform created the most favorable environment for establishment and development of free press. Politicians- democrats were for media freedom and they were supporters.
Free media was for democracy and served the citizen
Citizens were for free press
Citizens and media were for democracy.

- Media Freedom is legally guaranteed

1992 Constitution of Mongolia guaranteed citizen's rights and freedoms t speech, freely express their opinions, to publish, seek for and receive information

1998 Law on Media Freedom banns censorship prohibits state ownership of mass media and obliges the Parliament not to adopt any laws that restrict media freedom.
As a result of Media Freedom Law, state-owned dailies were privatized and the Parliament issued a Resolution on converting state broadcasting and news agency into public service.

- Big investment

In 1996 Independent newspaper printing house was established by DANIDA donation.
MFOS and other donors assisted in establishment of small broadcasting stations in the provinces.

- Journalists to work in a new condition trained

DANIDA Press Institute, UNDP, UNESCO, OSI, Asia Foundation, KAS and other international organizations contributed to training of journalists on media freedom issues, journalists' rights in a democracy and modern journalism.

- Alternative journalists' organization was established and played a big role in creation and development of free media.

As a result of the above achievements Mongolia was considered as a country with full media freedom (Freedom House Report)

II. Challenges/Constraints

Can we enoy our freedom now? Are we going ahead or going back?
In order to answer these questions we should focus on 4 main issues.

- Media pluralism and independence.
- Ethics and self-regulation
- Union right and working condition of journalists
- Protection of confidential sources

3 factors that affect:

Political environment

In 2000 MPRP won the Parliamentarian Elections ( They have 72 seats out of 76) and formed its Government headed by their party leader.

Since this Government has came into power:

- Investigation of newspapers and 3 newspapers closed down.
- The first journalist (female) arrested for 6 months
- Journalists covered tractors' demonstration on fair land privatization, blocked and detained for 24 hours
- MP of opposition do not have access to MNRTV
- Government discriminates.

Journalists working in other media outlets except those, which have close tie to the Government, state-owned and party-owned are not informed in organization of press conferences
? Confusion in the society.
Press departments of MPRP, the Government and Parliament issue statements quickly re-acting to every critical publication. Party newspaper and close media outlets produce denials instead of checking facts. It is going to be a tradition.

Legal environment

- Access to information is much limited (strict provisions of Laws on State Secrecy, Privacy, Organization's Secrecy. 50 laws out of more than 230 are restrictions)
- Public Broadcasting Law is still not enacted
- News Agency is still state-owned
- Defamatory legislation is too strict (2002 Civil and Criminal Codes)
- Media registration is issued by the Ministry of Justice and Home Affairs (Law on Government)
- Broadcasting License issuing authority is not independent

Economic condition

Media is a business. If media is not bale to survive in the market, media freedom is not an issue. Economic independence ensures political independence.
- Newspaper distribution system is poor (main newspaper income comes from subscription)
- No tax exemption and discounts are offered (In democratic countries there are some discounts on transportation, newsprint, postal, communication and etc)
- Lack of knowledge on management
- Media make the Elections as income generating possibilities. (No balanced election coverage that it affects the public's right choice and fair election campaign)
- Law on Advertising does not guarantee fair competition. (State institutions spend big money on advertising mainly in media with close tie to the Government or party newspaper. According to the State Auditing Commission, only in 2001 more than 80 state organizations published their advertising in 2 daily newspapers ( there are 6 dailies) and spent more than 20 mln. MNT. App. 3.9 mln. MNT per a month earns "Unen" - ruling party's daily newspaper from adds of state organizations)
- The Government subsidies. The Government allocates certain amount of money to daily newspapers and broadcasters, but the amount is not announced openly. (Recent veto of the President)

Ethics and Self- regulation

If journalists, publishers and organizations protecting their interest are not able to regulate their problems and issues, the authorities are keen to do it. They always seek for ways to restrict and limit.

Authorities always carefully watch at mistakes of journalists and use them against media freedom.

- Editorial independence is not guaranteed
- No National Code of Ethics( MFNA, Odriin Sonin)
- No Media Counsil
- Ombudsman is not developed

Union and Working Conditions

- The previous 2 journalists organizations: UMJ, MFDJA merged in 2002. A both of Unions could not do any good work on ethics, protection of human rights and interests of journalists.
- Unemployment, low salary, inefficient collective bargaining
- Author's and copy rights are not protected.
- Media owners are not committed to train journalists( lack of specialized journalists)
- Journalism academic education is weak and not quality
- Confederation of Mongolian Journalists is the only journalists' organization, but it is still weak financially and institutionally. It is not capable to represent journalists' interests.

These problems negatively affect journalists to fulfill their duties in the society.

Protection of confidential source

If journalists do not have a right to protect their sources, they not able disclose information with public interests and expose corruption, crime and other negative affairs. Investigative journalism cannot be developed. Media cannot be responsible and play its role of public watch - dog.
Unfortunately, in Mongolia this right is not protected.

Conclusion:

- Media freedom is not fully ensured
- Free and independent media is still fragile
- Media freedom is at danger

In this condition,

- Media is not able to be a 4th estate and cannot play a role of public watch dog. If journalists are not permitted to provide the public with information of their interests, democracy cannot be a real

Therefore;

- Remember that journalists are not isolated in the society. They are in cooperation defending their own rights. They are there to defend rights of citizens. Media freedom is a not only journalists right, the first it is a right for all citizens. That is why journalists have to work with other organizations in the civil society in order to promote a better democracy. The informed citizenship that is aware of the need for media freedom is the best protection for media freedom

- Do Not Forget!

Media freedom is constant and never ending fight. Do not forget that authorities always want a little media freedom.

By Hashhuu Naranjargal