INDEPENDENT MEDIA

Free and Fair

Temporary Press Jury

Joint Conference established TPJ, which consisted from 5 persons; 2 lawyers and 3 media experts and worked until July 10, 2004. According to the Working Rules candidates for MP and journalists are allowed to bring complains to TPJ, it shall receive complaints related to violations of journalism ethics and decision shall be taken in the meeting with full attendance of members.

Processes

TPJ received 2 complaints and reviewed the cases:

1)Complain of Mrs. B.Handdolgor, Press Secretary of Democratic Coalition, June 3, 2004

Case was against a newspaper titled "Mongol Aranshin" with official registration No 1154 that is published without name of editor, addresses and contacts, and distributed free of charge. The newspaper disseminated false information defaming reputation of leaders of the Coalition

TPJ decided to review the case even though complain was out of the frame of the Working Rules. At the first meeting TPJ members agreed to gather information about the newspaper and they exposed that the newspaper was registered with the Ministry of Justice and Home affairs under responsibility of MPRP. A letter with request to comment the complain was issued and delivered to Mr. Ts. Bayar, Press Secretary of the MPRP but no any responses were received. TPJ sent letter to the Complainer informing that the newspaper is published by MPRP

Decision

The Complainer acted on behalf of the political party, which is not under Working Rules. Since TPJ exposed contacts and publisher of newspaper and informed the Complainer, issues raised in the complain should be discussed between the political parties.

2)Complain of Mr. M. Sonompil, candidate for MP of the Coalition, June 14, 2004

Case was against actions of media representatives working election campaign of Mr. D.Tseveenjav, the MPRP candidate that they breach provisions Nos 1, 2, 3 and 6 of "Ethical Principles of Journalists" in disseminating false information defaming the candidate's reputation using mass media and ignore their duties to correct their professional mistakes. Complainer accused Mrs. Ninjjamts, who is hired by D.Tseveenjav that she does not take any possible actions even though she is able to be conscious and has professional experiences. They requested to stop such actions. As evidence the complain they submitted 2 issues of A4 materials distributed to the voters. These materials were compiled from articles and interviews, which were already published in other official newspapers.

The case was interesting for journalists because TPJ member was supposedly involved to the complain and the TPJ chairman was interviewed by Odriin Sonin, daily. In his interview Mr. Ts.Bat-Orhih, expressed his opinion that "if it is proved that TPJ member is involved, it should be taken into account during discussions at the TPJ meeting". Meanwhile, MNA issued a Statement defending interests of L.Ninjjamts that TPJ must not be politicized and it should act as independent from any political party or single candidate. Mr. Ts. Bat-Orshih replied to letter saying the TPJ will be independent in investigations.

At the TPJ meeting Mr. Bat-Orshih, chairman requested L.Ninjjamts to comment complain because particularly her name was mentioned there. She recognized that she worked as presenter of Mr. D.Tseveenjav's shows and denied accusation against her explaining she does not have any relation to the publications for those promotional materials.

Members of TPJ sent a letter to the Complainer requesting to prove 3 things: 1) provide information about Ninjjamts mentioned in his complain, 2) provide information on who is publisher, when and in how many copies those were printed and distributed, 3) clarify that printed materials the Complainer submitted as evidences are official media outlet.

Then the Complainer sent his response:
- pointing that TPJ members should know her better than him because she is running PR association titled Face PR" and supposedly works as chief-in-editor of newspaper "4th Estate".
- considering that submitted materials are not media outlet otherwise it does not have any official permission and the Complainer thinks supposedly Mrs. Ninjjamts knows where it was printed
- requesting to consider articles published in newspapers "People" and "4th Estate" as prove

Finally the Complainer explained that he is not able to submit the proof certified by notary and come to the meeting within one day.

Decision

It is not proved that L.Nijjamts is guilty in compiling and printing promotional materials that the Complainer assumes the information was false and defamatory

Conclusion and recommendations by TJP members

1. Establish independent Press Jury that functions regularly and respected by Congresses of membership organizations

2. Finance of Press Jury should be decided in proper ways, for instance, it can be financed by the Parliament

3. Structure of Press Jury frame of works (complains) should be more clear and detailed

4. Members should be independent from any political parties, i.e. working rules should prevent conflict of interests

5. Membership of Press Jury should involve as representatives of different groups as possible

6. Working rules should be more precise and regulate all the aspects related to the members for example: dismissal, possibility of reserve members and etc

7. Responsibility and mechanism of fulfillment of decisions of Press Jury should be clearly defined