(ARTICLE 19/IFEX) – The following is an ARTICLE 19 press release: DRAFT MONGOLIAN PUBLIC BROADCASTING LAW NEEDS TO GUARANTEE INDEPENDENCE ARTICLE 19 today released its analysis of the draft Law of Mongolia on Public Radio and Television (1). The draft law, whose preparation was overseen by the Ministry of Justice, was completed some time ago […]
(ARTICLE 19/IFEX) – The following is an ARTICLE 19 press release:
DRAFT MONGOLIAN PUBLIC BROADCASTING LAW NEEDS TO GUARANTEE INDEPENDENCE
ARTICLE 19 today released its analysis of the draft Law of Mongolia on Public Radio and Television (1). The draft law, whose preparation was overseen by the Ministry of Justice, was completed some time ago but has not yet been put to the legislature. ARTICLE 19 welcomes this initiative to transform the government broadcaster into a public service broadcaster but at the same time notes a number of ways in which the law could be improved, particularly in terms of protecting the public broadcaster from political interference.
The draft law is being introduced in part to implement a key provision in the 1998 Law on Freedom of Media which prohibits government control over media outlets. Further consideration, however, needs to be given to the key issue of ensuring the independence of the public broadcaster. Under the draft law, the Prime Minister appoints all of the members of the board of governors, who are nominated respectively by the Parliament, the President and the government. The process is not required to be transparent and there is no provision for the involvement of civil society.
The problem of lack of independence is exacerbated by the lack of a clear funding framework in the law, which allows the public broadcaster to receive funds directly from the State, as well as from a variety of other sources. Another concern is the requirement that the public broadcaster carry statements by the President, Prime Minister or Parliamentary Speaker. Although only statements on emergencies are required, in practice this provision may be open to abuse.
Toby Mendel, Head of the ARTICLE 19 Law Programme, said:
“This is a real opportunity for Mongolia to transform its only national broadcaster into a true public service broadcaster. The existing draft, however, fails to do this. A series of amendments designed to enhance independence and ensure secure funding should be considered.”
1. Copies of the analysis are available on the ARTICLE 19 website, at http://www.article19.org/docimages/1291.htm
