(ARTICLE 19/IFEX) – On 1 October 1998 ARTICLE 19 produced a Memorandum on the Bulgarian Draft Law on National Radio and Television. The Draft Law was recently vetoed by Bulgarian President Petar Stoyanov and awaits further debate in the Bulgarian National Assembly. What follows is a summary of this memorandum. **Further to IFEX alerts of […]
(ARTICLE 19/IFEX) – On 1 October 1998 ARTICLE 19 produced a Memorandum on
the Bulgarian Draft Law on National Radio and Television. The Draft Law was
recently vetoed by Bulgarian President Petar Stoyanov and awaits further
debate in the Bulgarian National Assembly. What follows is a summary of this
memorandum.
**Further to IFEX alerts of 30 September and 2 July 1998**
There are three broad areas of the Bulgarian draft Law on National Radio and
Television of particular concern to ARTICLE 19. They involve illegitimate
restrictions on the content of broadcasts, lack of independence of
broadcasters from state control and measures likely to discourage the
expression of a diversity of views in the broadcast media. ARTICLE 19 urges
those responsible to make appropriate changes to the law to bring it into
harmony with the requirements of international law.
Illegitimate Restrictions on the Content of Broadcasts
ARTICLE 19 recommends that those responsible:
programming guidelines cannot be used to restrict the content of individual
broadcasts.
become the mouthpiece of the State.
requirements of Article 20 of the International Covenant on Civil and
Political Rights and the jurisprudence of the European Court of Human Rights
in relation to “hate speech”.
on freedom of expression will always be understood as subject to the
requirements of international law.
(NRTC) to conduct a consultation exercise and draft a code of conduct for
the guidance of broadcasters. Such a code may contain a procedure for
individual complaints against broadcasters.
Lack of Independence from State Control
ARTICLE 19 recommends that those responsible:
members of the National Radio and Television Council.
National Assembly for appointment to the National Radio and Television
Council.
members of the NRTC from office and to ensure that they may only be
discharged following the unanimous resolution of all other members of the
Council or by a two thirds majority vote in the National Assembly.
Measures Likely to Discourage Plurality
ARTICLE 19 recommends that those responsible:
broadcasting licences.
language of broadcasts to Bulgarian only.
membership in the NRTC, Bulgarian National Television (BNT), and Bulgarian
National Radio (BNR).
monopoly on the production of news or economic and political broadcasts.
Bulgaria may be represented in the broadcast media.
Church, and to provide for religious broadcasts that reflect the principle
of reasonable access by all religious denominations.