 |
 |
 |
 |
 |
|
|
Iraq Media Developments Newsletter This issue of the newsletter is largely about early relationships between the new interim government (headed by Prime Minister Allawi) and the NCMC (the media regulatory commission) and the Iraq public service broadcaster as emerged in the last months of the CPA. In this issue we wish to give special attention to the developments of the last weeks. On June 28, in the CPA's final order, Order 100, adjustments are made to previous orders, including Orders 14 and 65, to account for the transition of power and substitute new authorities for the governance responsibilities of the CPA. We include information about this Order 100 below. On July 27, the National Communications and Media Commission, the CPA-established media policy body, passed a formal broadcast code. We include the text of that Code as well. In the month between the two events, there have been internal debates over the exercise of authority over the broadcasting and press sector. There is an important report on the appointment of a Higher Media Commission that will have some responsibilities--and its relationship to the NCMC had yet to be fully articulated. Initially, there were comments downplaying the CPA-created entities. For example, we include a Financial Times article in which the Minister of Communications Mohammad Ali Al-Hakim says that Order 65 "is definitely not a law," and that "the government does not recognise (CPA orders) as the law of the land." The Financial Times also reported that Prime Minister Allawi would establish his own "Higher Media Commission" to define acceptable broadcast practices. In that strong report, later qualified if not wholly denied, Ibrahim Al Janabi (the chair of the commission) asserted extensive power for the Higher Media Commission. In the subsequent interview with Al Iraqiya, al-Janabi says the commission's role will be advisory and not governing. Throughout this time, we've gathered lots of great, original articles not pertaining to the handover. These will be sent in a separate email as an addendum to this issue. ================== NCMC code and discussion A New Committee? ========================= 1. Preamble Pursuant to the law establishing the National Communications and Media Commission (the "Commission") as the sole authority for the licensing and regulation of the broadcasting sector in Iraq and requiring the Commission to create an effective and mandatory Code of Practice for broadcasting responsibility, this Code of Practice sets forth rules and editorial standards for programme content of television and radio broadcasters in Iraq. The Code is intended to endorse and respect the right to freedom of expression as envisaged in Articles 13 and 23 of the Transitional Administrative Law, Article 19 of the International Covenant on Civil and Political Rights, and Article 19 of the Universal Declaration of Human Rights, while accommodating generally accepted standards of decency, non-discrimination, fairness, accuracy and balance. It is designed to ensure that broadcasters promote educational, civic, cultural and democratic goals of television by allowing the Commission to regulate speech that may incite, represent or portray violence or ethnic, national or religious intolerance. The Commission recognises that the prevention of such activity is vital to the well being of the people of Iraq, and that the right to free expression has never been extended, in any free society, to persons or groups who advocate the immediate violent overthrow of civil order. The Commission is willing to give general advice on the interpretation of this Code. However, broadcasters themselves are responsible for the content of all material transmitted by them, whatever its source, and it is the responsibility of broadcasters to ensure that their programmes and services operate in compliance with the Code. The Code is not a complete guide to good practice in every situation, nor does it say everything that can be said on the topics it covers. Broadcasters should therefore aim to operate within the spirit of the Code as well as the strict letter of it. The Code is subject to interpretation in the light of changing circumstances within Iraq, and on some matters it may be necessary to introduce new requirements or advice from time to time. The Commission will administer this Code and impose sanctions in accordance with international standards and Chapter 2 of the Transitional Administrative Law, as well as the due process protections set forth in the law establishing the Commission. Violations of the Code may expose broadcasters to sanctions, the gravity of which will be in proportion to the seriousness of the breach. 1. GENERAL PROGRAMME STANDARDS 1.1 Prohibition on Incitement to Violence Broadcasters shall not broadcast any material that, by its content or tone: (1) Carries the clear and immediate risk of inciting imminent violence, ethnic or religious hatred, civil disorder or rioting among the people of Iraq or advocates terrorism, crime or criminal activities (particular care is required where a programme carries the views or transmits the messages of people or organisations who use or advocate terrorism or the use of violence or other criminal activity in Iraq); or (2) Carries a clear and immediate risk of causing public harm, such harm being defined as death, injury, damage to property or other violence, or the diversion of police, medical services or other forces of public order from their normal duties. We note in this context that depiction of a crime in progress, such as a kidnapping or the imminent threat of illegal execution, for purposes of extortion, or to spread the message of persons or groups who advocate the violent overthrow of civil order, is not protected by any international covenant or human rights guarantee. 1.2 Decency and Civility Broadcasters shall observe general standards of decency and civility in programme content and scheduling, taking particular care to protect the interests and sensitivities of children and minors. Material unsuitable for children, including pornography or gratuitous violence must not be transmitted at times when large numbers of children may be reasonably expected to be watching or listening. Broadcasters must show consideration when reporting the effects of natural disaster, accident or violence. Broadcasters must balance the wish to serve the needs of truth against the risk of sensationalism, causing distress or the possibility of unwarranted invasion of privacy. 1.3 Fair and Impartial Programming Broadcasters must ensure due accuracy and fairness in all programming, including news. Opinion should be clearly distinguished from fact. News reporting should be dispassionate and news judgments based on the need to give viewers and listeners an even-handed account of events. Sensitivity will be exercised in broadcasting images of or interviews with bereaved relatives and survivors or witnesses of traumatic incidents. 1.4 Religious Programmes Effort must be made to ensure that programmes about religion or religious groups are accurate and fair. The belief and practice of religious groups must not be misrepresented. Programmes must not denigrate the religious beliefs of others. 1.5 Privacy Broadcasters shall exercise care and consideration in matters involving the private lives and dignity of individuals, bearing in mind that the right to privacy and dignity may be overridden by a legitimate public interest. There is a public interest in freedom of expression itself, and the Commission will therefore have regard to the extent to which material has, or is about to, become available to the public. In cases involving children, broadcasters must demonstrate an exceptional public interest to override the normally paramount interest of the child. 1.6 False and Deceptive Material Broadcasters must not broadcast any material that they know to be false or deceptive, or by reasonable inquiry could determine was false or deceptive. If broadcast material proves to be false or deceptive, a correction must be broadcast as soon as possible. 2. RIGHT OF REPLY Any person who can show that he or she has been unjustly placed in an unfavourable light by broadcast material may petition the Commission for a right of reply within a period not exceeding thirty (30) days from the date of the broadcast in question. If the Commission finds that such a right is warranted, and such person does not have an alternate means of reaching the public, it may order the broadcaster of such material to afford such person a reasonable right of reply. 3. ACCESS TO INFORMATION AND FREEDOM TO PUBLISH Broadcasters' freedom of access to information and their freedom to publish should conform to Article 19 of the Universal Declaration of Human Rights, which states: "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers." 4. COPYRIGHT OBLIGATIONS Broadcasters shall comply with the Copyright Law No. 3 of 1971, as amended by law on April 29, 2004, and with generally accepted international conventions and standards for intellectual property protection, and refrain from any misappropriation of programmes. 5. PROGRAMME RECORDINGS Broadcasters shall make complete sound and/or video recordings of all programmes transmitted by them. Such recordings shall be kept for at least forty-five (45) days, or longer as the Commission may expressly require in specific cases. If the Commission submits a request for a right to reply, a demand for a correction or a request for review to a broadcaster within such 45-day period, the broadcaster shall maintain all records relevant to such request or demand until the matter is definitively resolved. 6. DATE OF ENTRY INTO FORCE This Code enters into effect on 27 July 2004. ----- 2.
Prior to the promulgation of this Code, broadcasters were subject to enforcement actions without regard to written standards or due process. The Commission considers it necessary that this Code go into effect immediately in order to advise broadcasters of the standards to which they will be held, as well as to give itself written guidance as to when enforcement actions are appropriate. By enacting this Code immediately, with the due process protections inherent in the procedures outlined in Order Number 65, broadcasters will be protected against arbitrary enforcement actions. At the same time, the Commission enacts this Code on an interim basis. The Commission believes it essential to seek comments on the Code from broadcasters, the Government, and the public generally, and to refine the Code in light of those comments, within a fixed period of time. Accordingly, the Commission hereby initiates a proceeding to review and revise the interim Code. The Commission announces that all interested parties must provide their comments on this interim Code, and on broadcasting ethics in general, prior to 30 September 2004. The Commission may engage in consultation and otherwise gather evidence from interested parties for an additional thirty (30) days, by which time the Commission will adopt a revised Code taking into account the comments of interested parties and all other evidence gathered or requested by the Commission. Comments may be submitted to the Commission electronically at codes@ncmc-iraq.com or by mail to the National Communications and Media Commission, Baghdad Forum, Baghdad. BY THE COMMISSION THIS 27th Day of July, 2004. ------ 3. Baghdad, Iraq - Today the National Communications and Media Commission adopted an interim Broadcast Programme Code of Practice. As a result, broadcasters are no longer subject to enforcement actions without regard to written standards of conduct or due process. "The interim Code is based on international best practices and endorses the right to free expression as described in the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights," said Siyamend Othman, Chief Executive Officer of the Commission. The code accommodates generally accepted norms of decency, non-discrimination, fairness, accuracy and balance. The interim Code also protects against broadcast material that may incite, represent or portray violence or ethnic, national or religious intolerance. "The Commission will respect international standards for freedom of expression in applying the Code, and the due process protections in the Commission's charter will ensure fair and reasonable application of the Code's provisions," stated Siyamend Othman. The Commission adopts the Code on an interim basis so that it can immediately begin to receive comments on the code, and broadcast ethics generally, from the general public, broadcasters, Government and other interested parties. Comments on the Code are due no later than 30 September 2004. The Commission will review the Code based on this public consultation process and adopt a revised Code within thirty (30) days thereafter. Persons wishing to provide input on the Code may submit their comments electronically to codes@ncmc-iraq.com or by mail or hand delivery to the National Communications and Media Commission, Baghdad Forum, Baghdad. ---- 4. Temporary Code regulates work of media in Iraq The Iraqi National Commission of Communications and Media ratified a temporary list of regulations through which all TV stations currently working inside Iraq will be subjected to certain laws and new principles of work. Executive director of the Commission Siyamend Zaid Othman said the temporary regulations are applicable in most civilised countries and internationally acknowledged. He pointed out that the code is meant to offer protection against all practises which provoke violence and terror as well as ethnic or religious provocation. He added that the temporary code will facilitate Commission's process of responding positively to the spectators' remarks and comments on the immoral practices and principles of some TV stations. Implementation of the regulations follows from the establishment of a National Commission of Communication and Media as the sole organisation in Iraq authorised to give broadcasting licenses. The Commission is also responsible for pricing, internal linkage, defining the fundamental conditions for the provision of public service & international communications; planning, co-ordination, allocating & defining the use of frequencies; regulating media content; developing the mechanisms of print media; drawing up and developing the media principles pertaining to elections; supporting and encouraging professional competence; adopting guidelines on professional conduct; developing communication & media policy and proposing bills to the government & competent authorities. According to the list, all broadcasting stations in Iraq are obliged to keep audio and video tapes of their broadcast programmes in case the Commission needs to investigate public complaints. ================== 5. Iyad Allawi, Iraq's prime minister, has established a media committee to impose restrictions on print and broadcast media, a government official announced yesterday. The step underlines an aggressive new attitude towards press freedoms, in spite of US efforts to nurture independent media. Ibrahim Janabi, appointed to head the new Higher Media Commission, told the FT the restrictions - known as "red lines" - had yet to be finalised, but would include unwarranted criticism of the prime minister. He singled out last Friday's sermon by Moqtada al-Sadr, a firebrand Shia cleric, who mocked Mr Allawi as America's "tail". Outlets that broadcast the sermon could be banned, he said. The formation of Mr Janabi's committee appears to mark a step back from Washington's democratic vision for postwar Iraq. Before last month's handover of sovereignty, US officials boasted that Iraq enjoyed the Arab world's least regulated media. One of Paul Bremer's first acts as US administrator was to abolish the information ministry, prompting a profusion of non-government newspapers, radio stations and television stations to emerge. Mr Janabi said his committee would soon relocate to the old information ministry building, which is undergoing refurbishment. Many of the old information ministry's 5,000 former employees have welcomed Mr Janabi's commission as a first step to regaining their jobs axed by Mr Bremer. One of Mr Janabi's first decisions was to extend payment of their salaries to last month. But Mr Janabi sought to damp fears that he was reviving the old pre-war information ministry, which controlled all media outlets in Iraq before the US-led invasion. He said he would not introduce minders for foreign journalists, but there would be a voluntary registration process. The measures come amid growing government nervousness that Arab satellite channels are giving publicity to Iraq's rebel groups. Yesterday Iraq's foreign minister, Hosheyr Zebari, denounced the Arabic satellite channel, al-Jazeera, which has broadcast video recordings it received from insurgents. "In a difficult security situation, we need to fight the terrorists by all means, and one of the main means is the media. We need them all to co-operate, even the private sector. It's for national security," said Mr Janabi, a former Iraqi intelligence officer who for a decade served as Mr Allawi's eyes and ears in neighbouring Jordan, but has never worked as a journalist. "The red lines must be very clear. Whenever we find someone endangering national security, we will give notes to our legal committee that they are breaking the rules," he said. Noting that al-Jazeera broadcast part of Mr Sadr's anti-Allawi sermon, he warned: "If they do it again, we will give them two weeks to correct the policy, and after that we will tell them sorry we need to close your office." He also said that an independent media and communication committee established by Mr Bremer to regulate the broadcast media would continue to operate, although subject to his higher commission's advice. The coalition-appointed board of governors for the state broadcaster, Iraqia, was also being absorbed into his committee, Mr Janabi said, although under pressure from London and Washington final arrangements have yet to be ironed out. Harris, the American contractor chosen by the Coalition Provisional Authority to run Iraqia, could also lose its $96m (€79m, £52m) annual contract, if its broadcasts wavered from "the targets we want", said Mr Janabi. A current affairs editor at Iraqia, who requested anonymity, criticised the move: "I am afraid we will now be a channel controlled by the state," he said, "all the signs are they want to use this as their mouthpiece." Opposition politicians also attacked the new body, saying that Mr Allawi had established committees for oil and security, as well as the media, in a bid to get total control of the state machinery. Allies of Mr Allawi, however, pointed to his decision last week to reverse a US-led coalition ban on Mr Sadr's newspaper, al-Hauza, as evidence of his commitment to press freedom. ------ 6. Text of report by Iraqi Al-Iraqiyah TV on 27 July [Presenter] The president of the high commission of the media denied a British press report on potential restrictions on the media envisaged by a proposed law. He said the law would not restrict freedom of the press but the working of the media would be subject to a set of regulations. [Reporter] In a report on the high commission, set up in the past few days to oversee the working of the Iraqi media, the Financial Times quoted the president of the committee, Ibrahim al-Janabi, as saying a law under consideration, known as the red lines, will put restrictions on freedom of the press. But Al-Janabi denied the report. [Al-Janabi] I was surprised by the report. There has been a misunderstanding or a mistranslation. The reporter asked me whether the committee would soon issue a press law and if it would limit freedom of the press. My reply was clear: I said there would be directives, or as they say in English guidelines. [Reporter] What about measures to be taken against satellite channels that incite people to internal strife and violence in Iraq? [Al-Janabi] Basically, Decree No 65 issued by the Coalition Provisional Authority before it was dismantled last June authorizes the media commission to monitor satellite channels' broadcasts and determine the appropriate measures to regulate the working of these channels taking into account the situation in Iraq. The country has become an open stage for terrorist attacks and organised crime. [The reporter] Al Janabi said the press law to be issued soon
would regulate the Source: Al-Iraqiya TV, Baghdad, in Arabic, 1600 gmt 27 July 04 ------- 7. Text of letter from the New York-based Committee to Protect Journalists (CPJ) to Iraqi Prime Minister Iyad Allawi, issued as a press release by the CPJ on 29 July Your Excellency: The Committee to Protect Journalists (CPJ) is deeply troubled by the Iraqi interim government's formation of a media regulatory commission that reportedly will have the authority to restrict news coverage. The Financial Times reported on Tuesday 27 July that Iraqi officials had created a Higher Media Commission charged with regulating print and broadcast media in Iraq and empowered to impose sanctions, including closure, against outlets that cross "red lines" in their coverage. Ibrahim Janabi, whom Your Excellency appointed as head of the commission, said in an interview with The Financial Times that Iraqi officials were drafting a list of prohibitions on news coverage that would include banning certain criticisms of the prime minister. For example in the interview Janabi said broadcasters that air a sermon given last Friday by radical Shi'i cleric Muqtada al-Sadr, who made derogatory comments about Your Excellency during his speech, could be banned. Janabi also told The Financial Times that if the Qatar-based satellitechannel Al-Jazeera, which aired part of the sermon, rebroadcasts thespeech, "we will give them two weeks to correct the policy and after that we will tell them sorry we need to close your office." Today, CPJ interviewed Your Excellency's spokesman George Sada who, citing your letter authorizing the commission's formation, said the body was created to "organize the work of the media." However, Sada said he was unaware of Janabi's comments or the details of the commission's powers and activities. Word of the new commission came one day after Iraqi Foreign Minister Hoshyar Zebari lashed out at Al-Jazeera and other pan-Arab broadcasters, accusing them of "one-sided and biased coverage of the situation in Iraq." In an interview with Al-Jazeera, he said: "We will not allow some people to hide behind the slogan of freedom of the press and media." CPJ views these statements and reported regulations as a threat to press freedom in Iraq. The restrictive media regulations and censorship described by Janabi would undermine the very foundation of democratic society by restricting the free flow of information. If Iraqi officials move forward with this reported plan, it would represent a serious setback for press freedom in Iraq and call into question the interim government's commitment to basic standards of free expression. As an organization of journalists dedicated to defending our colleagues worldwide, CPJ calls on you to publicly clarify the role and function of the Higher Media Commission and to ensure that any official regulation of the media conforms with international standards for a free press. We further call on you to ensure that Iraqi officials cease future threats of censorship and harassment against media. Thank you for your attention to this important matter. We look forward to your reply. Sincerely, ------------------- 8. This is the original Order 14 with Order 100's revisions in caps: Section 1 "Media organization" includes individuals or groups, and private, corporate, or public entities, domestic or international, established for the purpose of transmitting information by any means. Section 2 Media organizations are prohibited from broadcasting or publishing
original, a) incites violence against any individual or group, including
racial, ethnic or religious groups and women; Section 3 THE PRIME MINISTER SHALL HAVE THE AUTHORITY TO ENFORCE SECTION 2 OF THIS ORDER, CONSISTENT WITH CHAPTER 2 OF THE TAL AND IRAQ'S OBLIGATIONS UNDER INTERNATIONAL LAW. Section 4 RESCINDED (pertained to authority of CPA forces commander) Section 5 1) Any media organization found to be broadcasting, publishing, or attempting to broadcast or publish prohibited material in violation of this Order may be detained, arrested, prosecuted and, if convicted, sentenced by relevant authorities to up to one year in prison or a fine of up to USD1,000.00 2) ADDITIONALLY, MEDIA ORGANIZATIONS PENALIZED IN ACCORDANCE
WITH SECTION 5 Section 6 ANY MEDIA ORGANIZATION SANCTIONED UNDER SECTION 5(1) OF THIS ORDER MAY APPEAL TO A COURT OF COMPETENT JURISDICTION FOR A DETERMINATION OF WHETHER THE SANCTION COMPLIES WITH APPLICABLE LAW, INCLUDING CHAPTER 2 OF THE TAL AND THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS. --- Order 65 is revised as such: CPA Order Number 65, Iraqi Communications and Media Commission a) In Section 4(3), the phrase "in consultation with the IGC and the Administrator" shall be rescinded. b) The following definition shall be added to Section 2: "Media organization" includes individuals or groups, and private, corporate, or public entities, domestic or international, established for the purpose of transmitting information by any means." c) All references in Section 8 to "broadcaster, telecommunications operator or information services provider" shall be replaced with "broadcaster, telecommunications operator, information services provider, or any other media organization." d) Section 11(1) shall be rescinded in its entirety and replaced with the following: "The Commission shall be funded from the following sources: (a) Recurring and non-recurring fees collected from licensees and registrations; and (b) Grants, donations or other amounts received by the Commission from any source, insofar as they are in conformity with applicable law." |
||
 |
 |