BAJ: New law gives authorities more opportunities for closing media

A new Law on Mass Media, called a draconian law by independent press, comes into effect on February 8.

International organizations have repeatedly urged the Belarusian authorities to review this document and bring it in line with the international standards. These calls haven’t been heard yet.

It should be reminded that the new Law on Mass Media defines order of creation, state registration (re-registration) of mass media and their distribution. According to experts of the Belarusian Association of Journalists, the new law complicated conditions for functioning of journalists and editions and gives the authorities more opportunities for closing mass media, “Belorusskie Novosti” reports.

According to experts, a number of regulations of the law can restrict freedom of speech and contradicts the international obligations of Belarus. In particular, the BAJ experts note:

• the law has an aim of controlling Internet media (order of their registration falls under competence of the Council of Ministers);

• mass media are forbidden to receive money or other property from foreign individuals and legal persons, individuals without citizenship, and anonymous sources; a m equity of foreign investments in an authorized fund of a legal person – editorial of mass media, can’t exceed 30 per cent. Restriction of financing, provided by these articles, contradicts the Investment Code;

• the Ministry of Information establishes a form of journalist’s identity document, common for all mass media registered in the country. It can create difficulties in procedure of issuing identity cards;

• article 35 “Accreditation of journalists of mass media” creates grounds for restriction of journalistic activity. Journalists of foreign media can’t work in Belarus without accreditation. The law doesn’t contain a regulation, obliging the organization, where correspondents are accredited, to inform them about the oncoming events and provide them with documents.

• article 38 “Information, banned for spreading by mass media” contradicts the international obligations (article 19 of the Covenant on Civil and Political Rights) and the Constitution of the Republic of Belarus (article 34). A list of cases of restriction of freedom of mass media, this article contains, is not full and gives an opportunity of broad interpretation of abuse of mass information.

BAJ head Zhanna Litvina called some important problems that can restrict freedom of press in Belarus if unsolved. Among them are destatization of media; creation of equal conditions for media of all forms of ownership; lifting of a ban on distribution of a number of public and political editions; access to information for all journalists; introducing application principle of accreditation of journalists, working for foreign media, free registration of offices of foreign media in the country.

According to Litvina, another important problem is re-registration of editions. Besides, possible state control of the Internet shouldn’t be forgotten.

However, the state will hardly allow systematic changes in the media sector. It’s much more likely that bargaining with the European Union, the Belarusian authorities interpret small concessions as great progress in liberalization of media sector.

Zhanna Litvina thinks “We should notice today that this liberalization is not systematic, and steps, made by the authorities, are forced and half-way. They shouldn’t blur our global problems.”