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Media Rules & Rulers

Rottweillers, Blank Pages And McJournalism

News media, whether Web-based, television or newspapers, have come in for sharp criticism beyond the usual and customary complaints. Policy makers and media watchers speak disparagingly of “tabloidization” and demand curbs. At the same time broadcasters and publishers see an onslaught of censorship, certainly bad for business.

cute rottweiler“Instead of a free press we have created an Estonian McJournalism,” said media critic and former center-left Culture Minister Raivo Palmaru, quoted in Nelijas (November 29). “It’s printed junk food: lots of colorful paper, a lot of color, advertising and large headlines. Between them, however, it’s the same as any propagandist.”

"The press interprets any criticism as the return of communism,” he continued, after comparing Estonia’s press to rottweilers. “ I do not exaggerate when I state that the media can kill people. "

As Culture Minister, Palmaru had a contentious relationship with public broadcasters ETV and Eesti Raadio. To the dismay of almost everyone, he proposed in 2007 reintroducing ads to ad-free ETV as a financing option. The Law on Public Broadcasting, passed in 2007, merged Estonian public radio and television but did not reintroduce advertising to public television.

After Estonia’s Parliament (Riigikogu) passed legislation with the potential to fine news organizations before publication for material considered libelous the furor unleashed shows no sign of abating. The Estonian Newspaper Association (Eesti Ajalehtede Liit - EALL) at its annual meeting distinguished President Toomas Hendrik Ilves as “press enemy” for 2010.

“As we have to respect the president, he should also respect the press,” said EALL executive director Mart Raudsaar, reported Postimees (December 10). “We expected the President had a better understanding of the role of journalism in a democratic society.”

The intent of the law, contained in the Law on Obligations Act and the Broadcasting Act, is to make news organizations refrain from publishing anything that might insult. Courts can impose fines, essentially preventative damage compensation, reported Eesti Päevaleht (November 25). Other contentions measures include jail time for journalists refusing to reveal sources in reporting “major crimes.”

The law applies to all media, including bloggers. Media organizations might be forced into bankruptcy for political reasons, said Mart Raudsaar, because the law allows no ceiling on the fines. Center-right Justice Minister Rein Lang introduced the slightly more draconian original draft a year ago.

Estonia’s print sector is largely self-regulated and publishers did not react kindly to the new rules. Several newspapers protested by printing blank front pages when the draft rules were announced in March 2010. Estonia’s politicians have been slow to fully comply with the European Commission’s Audiovisual Media Services Directive. Along with eleven other Member States, Estonia received in June that nasty letter from the EU to get on with it. The Media Services Bill received its first reading in Parliament in October. If passed it will replace the existing Broadcasting Act to include “new forms of media.”

Hungarian newspapers protested new media laws with blank pages in December. Italy’s La Repubblica ran only a post-it note on its front page in June with “The gagging law will deny citizens the right to be informed.” Bolivian newspapers printed blank front pages in October protesting a controversial racism law.

International media watcher Reporters sans Frontiers (RSF) ranked Estonia 9th in its 2010 Press Freedom Index, highest of the 12 newest European Union Member States, tied with Ireland. Estonia ranked 3rd in 2007. US-based media watcher Freedom House called the draft legislation in Estonia “a troubling backslide for press freedom.”

The EALL asked current Chancellor of Justice Indrek Teder to review the constitutionality of the measures in the Obligations Act and Broadcasting Act. He declined as the laws do not come into law until President Ilves affixes his signature. The Estonian Chancellor of Justice is the constitutional ombudsman, appointed by Parliament on nomination of the President.

Estonian politicians have a particularly strong relationship with media. During the Soviet 1980’s President Ilves was a correspondent for Radio Free Europe. Prior to government service Justice Minister Lang launched Radio Kuku, Estonia’s first independent commercial radio station, and two other stations. Communicorp currently owns Radio Kuku.

Former Chancellor of Justice Allar Jõks was named this years’ EALL “press friend.”  The award, he said, was a “pleasant surprise because I have never made an effort to be a friend of the press.” Jõks, now an international lawyer, is the only person to have received the award twice. Justice Minister Rein Lang received the “press enemy” award in 2004.


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