You are on page 1of 46

CENTER FOR DEMOCRACY AND GOVERNANCE

“...promoting the transition to and consolidation of democratic regimes throughout the world.”

The Role of Media in Democracy: A Strategic


Approach

June 1999

Technical Publication Series

Center for Democracy and Governance


Bureau for Global Programs, Field Support, and Research
U.S. Agency for International Development
Washington, D.C. 20523-3100

1
I. Introduction.............................................................................................................1
II. Defining Goals: The Role of Media in Democracy...............................................3
III. Mapping the Sector.................................................................................................5
IV. Identifying Key Actors............................................................................................7
V. Designing Media Strategies.....................................................................................9
VI. Programmatic Approaches....................................................................................15
VII. Conclusions.............................................................................................................35
VIII. Appendices..............................................................................................................36
IX. Strategic Approach Chart

2
I. INTRODUCTION partners to help them think strategically about
the relationship between media and society, and
the most effective ways to strengthen the media's
A leading Palestinian journalist is jailed in the
contribution to democracy. Given this, some
West Bank for broadcasting sessions of the
missions have been hesitant to engage in media
Palestinian Legislative Council. Restrictive
sector support, even though they recognize the
media laws in many post-communist countries
important role it plays in democratic transition
curtail media freedoms guaranteed by these
and consolidation. Other missions, daunted by
countries' constitutions, or by international
the difficulty of reporting results in this field,
conventions that these countries have signed. In
have decided not to undertake media activities or
Central America, a select group of powerful
to focus exclusively on training. Contextual
families control the media and threaten
factors such as the lack of a legal enabling
democratic gains realized through the peace
environment and political will within the
processes of the 1990s. Government control of
government, business, or civil society to support
print and broadcast media in many African
media freedom all constrain missions' efforts in
countries leave little scope for dissenting
media sector support.
opinions and, therefore, public debate.
The majority of these media activities has been
Such are the obstacles to media freedom. The
carried out in the Europe and New Independent
U.S. Agency for International Development
States region (ENI), with another significant
(USAID) and its partners have attempted to
amount taking place in the Latin America and
address these obstacles and to develop media
the Caribbean region (LAC). Total USAID
sectors around the globe that would contribute to
support for media development ranges from
democracy. As such, support for media is an
equipment provision and journalist training to
important prong of U.S. democracy and
media law and policy development.
governance assistance. USAID’s objective of the
increased development of a politically active
In addition there exist various USAID
civil society provides a strategic rationale for
mechanisms to support media sector
media-related activities. In addition, a desired
development from the regional bureaus, field
result of an enhanced free flow of information
missions, and the Office of Transition Initiatives
broadly states the Agency's target for media
(OTI) in the Bureau of Humanitarian Response.
activities.
For example, OTI programs have focused on the
following:
While there is a significant range of activities
which could fall under the heading “media
• Supporting objective news and information
support,” a distinction is made in this paper
programs, so that people can make informed
between those activities which might indirectly
decisions and counter state-controlled media
contribute to media development (such as civic
education or communication campaigns in the
• Cultivating alternative media, so that
health and education sectors), and those which
multiple voices and opinions will be heard
are directly targeted to strengthen the media as
an institution, specifically media sector support.
• Mobilizing popular participation in the
As this strategic approach lays out, this media
transition process
sector support extends beyond training and
includes reforming media laws, removing
• Multiplying the impact of transition
barriers to access, strengthening constituencies
activities by disseminating information on
for reform, and capitalizing the media.
successful local peace and participatory
Historically, there have been few, if any, tools
efforts
available to USAID country missions and their
Role of Media in Democracy 1
media sector. Chief components of any strategy
Within the Center for Democracy and are shaping the legal enabling environment,
Governance, technical assistance and field strengthening constituencies for reform,
support can be provided by Center staff, or by removing barriers to access, training, and
accessing one of its civil society indefinite supporting capitalization of media. Best
quantity contracts (IQCs). The primary purpose practices are detailed for each of these issues.
of these IQCs is to provide rapid-response
technical assistance to support civil society Appendix A provides a list of partner
programs (including media) of USAID missions organizations, web sites, and contact
1
and regional bureaus. information. Appendix B suggests a
methodology for conducting media sector
Other U.S. government agencies have assessments, based on the Center’s Strategic
experience in training media professionals and Assessment Methodology. Appendix C contains
carrying out exchanges. Democracy officers the text of the 1991 Windhoek Declaration. This
should confer with the Center as well as these declaration guides the work of a USAID partner,
other agencies, in particular USIA, to ensure that the Media Institute of Southern Africa (MISA).
our in-country activities are complementary.

The strategic approach presented in this paper


offers guidance to USAID missions, rather than
any blueprint, for making choices about which
media activities might be most appropriate in a
given context. In addition to suggesting a goal to
guide USAID media programs, the approach
provides examples of successful media
assistance activities and discusses factors
influencing their success.

In Section II, the role of media in democracy is


defined and media’s place in USAID’s strategic
framework and international conventions is
outlined. Section III addresses mapping the
media sector. Outside of the specific outlets that
deliver news and information, what constitutes
“media” and its support? The principal questions
used to help shape media sector support
strategies are identified in Section IV. They are
used to determine who holds power to
communicate in a society, who has access to the
means of communication, and who is
communicated to. Section V provides macro-
level guidance on how to design media
strategies.

With Section VI this paper turns to an


examination of a strategic approach for the
1
For further details, see the User's Guide for the
Center for Democracy and Governance, USAID.
2 Role of Media in Democracy
II. DEFINING GOALS: access, and reports the relevant issues in a
timely, objective manner.
THE ROLE OF MEDIA
IN DEMOCRACY International conventions buttress USAID's
media activities. Most notably, Article 19 of the
Access to information is essential to the health 1948 Universal Declaration of Human Rights
of democracy for at least two reasons. First, it states, “Everyone has the right to freedom of
ensures that citizens make responsible, informed opinion and expression; this right includes
choices rather than acting out of ignorance or freedom to hold opinions without interference
misinformation. Second, information serves a and to seek, receive, and impart information and
“checking function” by ensuring that elected ideas through any media and regardless of
representatives uphold their oaths of office and frontiers.”
carry out the wishes of those who elected them.
In some societies, an antagonistic relationship Within the context of supporting democratic
between media and government represents a transitions, the goal of media development
vital and healthy element of fully functioning generally should be to move the media from one
democracies. In post-conflict or ethnically that is directed or even overtly controlled by
homogenous societies such a conflictual, government or private interests to one that is
tension-ridden relationship may not be more open and has a degree of editorial
appropriate, but the role of the press to independence that serves the public interest. If
disseminate information as a way of mediating the media is to have any meaningful role in
between the state and all facets of civil society democracy, then the ultimate goal of media
remains critical. assistance should be to develop a range of
diverse mediums and voices that are credible,
Support for media is a critical prong of U.S. and to create and strengthen a sector that
democracy and governance assistance. USAID promotes such outlets. Credible outlets enable
Strategic Objective 2.3, “Increased development citizens to have access to information that they
of a politically active civil society,” provides a need to make informed decisions and to
rationale for media-related programming. participate in society. A media sector supportive
Intermediate Result 2.3.4, “Enhanced free flow of democracy would be one that has a degree of
of information,” broadly states the Agency's editorial independence, is financially viable, has
goal for media activities. diverse and plural voices, and serves the public
interest. The public interest is defined as
While media is considered by USAID to be a representing a plurality of voices both through a
part of the civil society arena, it is well known greater number of outlets and through the
that media overlaps other functional areas of diversity of views and voices reflected within
democracy and governance. For example, one outlet.
support for media may yield results in
governance activities, particularly those related
to decentralization, anti-corruption, and citizen
participation in the policy process. The rule of
law may be further institutionalized by support
for an independent media that keeps a check on
the judiciary, reports on the courts, and
promotes a legal enabling environment suitable
for press freedom. Free and fair elections
conducted through transparent processes require
a media sector which gives candidates equal

Role of Media in Democracy 3


III.

4 Role of Media in Democracy


III. MAPPING THE
• Protect key resources, such as film and
SECTOR archive materials that document historical
developments, outside news feeds,
Supporting media as an institution requires an electronic information sources (such as
understanding of what constitutes the sector. Lexis-Nexis), access to public records,
Clearly, the media sector consists of something policymakers and government officials, etc.
beyond the specific outlets that deliver news and
information. But is it so amorphous that it A related approach is offered by the RAPIC
encompasses everything from the universities proposal to establish the Russian NGO as a
that train future journalists to the courts that permanent legacy of U.S. democracy assistance.
protect their rights? One extremely useful The proposed program plan for RAPIC/National
attempt to map out the media sector comes from Press Institute (NPI) includes the following
the USAID-funded Media Development activities, which illustrate a sectoral approach:
Program (MDP) in Russia. Jointly designed and
implemented by the Russian American Press and • Promoting investment, equity and debt
Information Center (RAPIC) and financing, leasing, and other mechanisms to
Internews/Moscow, MDP's goal is “to speed the capitalize the media industry
development of a commercially viable media
sector in Russia.” The objectives devised to • Developing media management capacity
achieve this goal suggest a particular approach
to defining and supporting the sector: • Participating in the development of the legal
and administrative infrastructure
• Help foster advocacy for media with
legislative and regulatory bodies • Fostering the development of a mature
information culture
• Increase flows of advertising revenues to the
regions (decentralization) • Promoting industry-wide trade organizations
and professional associations
• Increase access to and ownership of
production and distribution • Overcoming government domination of
information
• Increase investment and loan opportunities
for regional media • Raising the level of journalistic
professionalism
• Increase horizontal ties among media
professionals These sectoral approaches illustrate the ways
programs can have an overarching
• Expand educational and practical programs understanding of the interrelationship of the
in electronic information gathering and media industry’s many parts and why the reform
dissemination of the media sector necessitates a “web” of
mutually reinforcing activities, the lack of any
• Expand educational and practical programs one of which can endanger any others.
in business, management, and technical
skills

• Increase professional contacts and


collaboration between domestic and foreign
media companies and institutions
Role of Media in Democracy 5
IV.

6 Role of Media in Democracy


IV. IDENTIFYING KEY masses, a radio campaign—particularly in
countries with low literacy rates—might be
ACTORS more effective than a television or print strategy,
which tends to reach urban, educated elites. On
Some of the most important questions to the other hand, if the political environment is
consider when designing media support very constrained and few groups are involved in
activities that strengthen democracy are, “Who reform, focusing media sector support on urban,
holds the power to communicate in a society, elite-based print outlets might be appropriate in
who has access to the means of communication, the short term in order to leverage change in the
and who is communicated to?” Answers to these system through these reformers' efforts.
questions will help to shape media sector
support strategies by targeting obstacles and In sum, the following actors are relevant allies in
pinpointing opportunities for reform. media sector reform, and strengthening their
capacity will support media sector development:
For example, in some countries the state has
exclusive control over the media, directly or • Consumers
indirectly, and dictates the terms of public
debate. Egypt has one news agency, the Middle • Individual producers (reporters, editors,
East News Agency, which is the property of the technicians, business managers)
state. Radio and television are state monopolies,
and, as a result, news is presented as policy • Content provider companies (wire services,
2
dictates. In Mexico, freedom of expression is think tanks, NGOs)
constitutionally guaranteed, but the government
controls the distribution of paper. • Training institutes, universities

In these cases, a suitable sector support strategy • Independent regulators


might be geared around civil society
organizations which are publishing or • Media monitors (political polling agencies,
broadcasting alternative viewpoints, or it might policy institutes, advocacy groups,
be focused on training state journalists to cover governments, advertisers)
news in a more objective fashion. If it is a
particularly innovative strategy, it might include • Professional organizations (journalism and
a training component for government ministers business associations)
in an effort to raise their awareness about how a
balanced and objective press contributes to • New technology gatekeepers (infrastructure
political and economic well-being. developers, software creators, trainers,
investors)
The question of “who is communicated to” is
often overlooked, yet it is essential to develop a
cadre of critical audience members who will
demand information and will have the capacity
to analyze what is presented to them. The
answer to this question helps to determine which
medium to target in media sector assistance. For
example, if a strategy aims to reach the rural

2
Idriss, Shahira. 1996. “Egypt Gets the News the
Government's Way.” IPI Report. February/March:
28.
Role of Media in Democracy 7
V.

8 Role of Media in Democracy


V. DESIGNING MEDIA • Evaluating USAID's comparative advantage
in carrying out these activities
STRATEGIES
This last step will determine what value is
A. Steps to Strategy Development added by USAID becoming involved in
media sector support in a particular country.
After defining the goals, mapping the sector, and What can USAID contribute?
identifying the key actors, the next issue is how
to use this information and the strategic As the U.S. government engages in media sector
approach chart on pp. 15-16 to design a strategy. support, several issues arise which should be
There are four basic steps to strategy carefully considered in order to maximize
development for media sector support: impact and effectiveness. First, decisions should
be made at the outset whether it is possible to
• Defining the problem work at a macro level in areas like media law
and policy reform, or whether, given political
Is the problem the mission faces due to legal concerns, assisting individual outlets or
restrictions, limited sectoral support, journalists is a more appropriate approach.
restricted pluralism, technical/professional Ideally, missions would be able to engage in a
capacity, and/or financial constraints? holistic, sectoral support strategy much like the
one outlined by the MDP program in Russia, but
• Finding targets of opportunity limited budgets and technical capacity constrain
such endeavors. As a result, difficult choices
What political, economic, and/or social must be made based on which targets of
opportunities exist to embark on media opportunity will yield long-term sustainable
sector support? Who are the key actors who results.
can assist these efforts?
Support for media outlets raises issues regarding
• Assessing the feasibility of activities choice and duration of support. There are pros
and cons to targeting particular outlets versus a
In large part, this will involve an analysis of more ad-hoc, inclusive approach. Direct support
the mission’s resources (time, funding, to one outlet may tend to bias the reporting
technical expertise) and the country’s which comes from that outlet in favor of the
context. U.S. donor, and may overdevelop the outlet in
relation to the context in which it exists. As a
result, it may not be sustainable in the long term
and it may have less credibility. Support for
"The Committee believes the many outlets, on the other hand, may distribute
sustainability of non-state-controlled limited resources so widely that little is achieved
media is critically in terms of impact. At times, it is more important
important...Capacity building through to have alternative voices in the short term rather
training in commercial management than sustainable outlets, particularly in post-
and basic journalism, as well as conflict or transitional environments. If these
development of an independent alternative voices, however, espouse viewpoints
media infrastructure are all critical of U.S. foreign policy, some might
necessary elements to further question the wisdom of continued support for
enhancing economic and political
reform."—The Senate Foreign
Operations Bill for 1998
Role of Media in Democracy 9
them. Others may see this as an indicator of actor from U.S. policies and politics, as well as
3
independence. the substantial accounting requirements
associated with USAID funding.
Such dilemmas highlight the need for clear
distinctions between media assistance and public As outlined in the next sub-section, accurately
information campaigns that promote U.S. defining the problem faced by the media sector
policies and viewpoints. Democratic transitions will lend itself to a particular programmatic
may not be strengthened through the creation of approach. A final decision on which approach to
a media which, while free from its own adopt should then be based on an analysis of the
government control, espouses views of foreign targets of opportunity, the feasibility of
governments and reflects their interests. An activities, and USAID’s comparative advantage
outlet's credibility depends on its ability to in carrying out these activities.
report news freely.
B. Identifying a Programmatic Approach
One of the most important issues to address
before engaging in media sector support is In designing a media sector support strategy, a
whether to fund local actors directly or to rely key undertaking is an analysis of the problem to
on U.S. private voluntary organizations as inform the adoption of an appropriate
intermediaries. Funding local actors can be cost- programmatic approach to forward media sector
effective, yet it may be time consuming to development. These approaches may take a
monitor recipients, and some may have such number of forms: shaping the legal enabling
limited administrative capacity that they can not environment, strengthening constituencies for
manage the money or activities. Relying on reform, removing barriers to access, supporting
intermediaries is beneficial particularly in some the capitalization of media, and/or training.
political contexts since this distances the local Ideally, of course, programs would undertake a
combination of these approaches to provide a
holistic mix of activities. However,
3
Many USAID intermediaries who are engaged in understanding the political concerns as well as
training journalists or supporting independent outlets financial and technical constraints, missions may
report that this is a problem that will not go away and be able to adopt only one or two approaches at a
must be “creatively managed.” On the one hand, time. This strategic approach will present five
support for programs comes from U.S. taxpayers' programmatic approaches, or “menu options,”
money so it is naive to think that there would be
from which democracy officers should calculate
political support for activities which appear, at face
value, to develop voices critical of the United States
trade-offs based on the country-specific
and its policies. On the other hand, the ultimate goal concerns and priorities, financial constraints, and
of journalism training or outlet support is to develop available technical assistance/capacity.
the capacity for professional, objective reporting. If
this reporting is critical of the United States or its 1. Shaping the Legal Enabling
policies, then in some respects this should be seen as Environment
a sign of success. When relying on intermediaries to
channel U.S. funds for media activities, the In some environments, democracy and
instrument for doing so is very important to protect governance officers will identify legal
the beneficiaries from excessive U.S. interference. restrictions as barriers to media sector
Where grants are used instead of contracts, more development. This may be characterized by
flexibility is allowed, and less oversight expected.
limited freedom of information and/or
Many field missions, however, use contracts to hire
expression, restrictive licensing of print
intermediaries so that they can have direct influence
in programs and even participant selection, and, as a journalists, violations of international human
result, manage the activities in such a way as to avoid rights conventions, and violations of national
raising concerns. constitutions.
10 Role of Media in Democracy
In working to remove this obstacle, focusing on use information to lobby the government,
shaping the legal environment has proven to be a encourage informed action and decisions, and
useful programmatic approach. Activities that engage media outlets.
characterize it include support for an
independent judiciary, a media law curriculum 3. Removing Barriers to Access
in law schools, an even application of existing
laws, legal defense funds, and drafting media Another obstacle takes the form of limited
laws. They may also take the forms of cross- pluralism, both internal and external. It can be
national media law advising, information found as a result of government control, with
dissemination, and information. media oligarchs and economic elites, and
through commercial concerns dominating the
Various types of training activities have also media.
proven useful under this approach. Training may
be successful on establishing independent Removing these barriers to access may involve
regulatory bodies, for media lawyers, on reforming regulation regarding entry into the
international laws and standards, and on drafting market or regarding public service broadcast to
media laws. reflect minority interests. It may also be useful
to undertake activities that limit advertising
2. Strengthening Constituencies revenues for government subsidized media,
for Reform reform commercial law, create incentives for
regional and community media, strengthen
Limited sectoral support is another sectoral production skills, encourage media interaction
weakness often identified in the media sector. with civil society organizations, and support
Media sector support is characterized by the alternative media. Other recommended options
presence of effective media law and policy with this approach provide small grants and
organizations, media watchdogs, research loans to media outlets, sensitizing newsroom and
institutes and think tanks, advocacy management training, and training on omitting
organizations, and professional associations. It is discrimination from news stories.
also found with training institutes and
universities, as well as critical readers who value 4. Supporting the Capitalization of
the news function. Media

To strengthen these constituencies for reform, Financial restraints also impose barriers to media
programming should rely on capacity building sector development. Such restraints may be
support, advocacy training, sustainable financing characterized by limited advertising revenues,
strategies, endowments, and networking at the start-up capital and investors, business skills,
national, regional, and international levels. It is and an understanding of audience share or
also important to reach out to readers, develop audience preferences.
an informal code of professional conduct, and
acknowledge excellence, discourage unethical Activities designed to eliminate these sectoral
behavior, and publicize the contributions of weaknesses have supported the capitalization of
press to society. media. Specific activities include lobbying for
higher journalist salaries, strengthening
Other activities in this area may include press distribution mechanisms, and providing financial
council development or other mechanisms for and technical support to develop
self-regulation, and civic education to inform nongovernmental advertising. Training may also
readers. Civic education, in particular, can help plan an important role in this approach through
readers evaluate the news sources for credibility, training in business and newsroom management

Role of Media in Democracy 11


to support the financial operations, and in
encouraging and documenting success stories of
credible, non-sensationalistic outlets that have
achieved commercial success.

5. Training

Finally, limited technical and professional


capacities also mar the development of a
successful media sector. These are marked by
the absence of basic skills, ethics, investigative
and specialist reports, and new technologies.

Comprehensive training activities can address a


number of these weaknesses. In particular, they
may be advanced through international
fellowships and visitor programs, regional
seminars and workshops, internships, on-site
newsroom seminars, textbook and CD-ROM
production, video conferencing, and staff
attachments. Training activities may also take
the forms of reforms to university curricula and
introduction of new technologies, particularly
the Internet.

12 Role of Media in Democracy


VI.

Role of Media in Democracy 13


14 Role of Media in Democracy
VI. PROGRAMMATIC would help develop a legal environment that
nurtures a free, independent media. Since most
APPROACHES countries have not passed media laws, another
pre-condition for reform activities is the
After identifying an appropriate programmatic presence of institutions (e.g., courts, university
approach for media sector support, attention media programs, opposition political parties)
should then fall to the details of that approach. and individual leaders who comprise a strong
Drawing on examples of successful media enabling environment and pressure for legal
activities undertaken by USAID field missions reform.
and their partners, as well as those of other
donors, this section further details the most
common barriers to media sector development LESSONS LEARNED:
described in Section V and highlights some of Media Law Reform
the best practices and lessons learned from work
to remove these barriers. * Media law reform/passaage is a high-
level goal; where opportunities exist
The activities outlined in this approach begin to engage in this area, they should be
with the macro-level approaches and end with seized since these efforts have the
more micro-level activities, such as those that potential to yield long-term,
target individual outlets. Broad institutional changes.
recommendations are given to identify
* Implementation of reforms is as
opportunities to adopt a particular programmatic important as having laws on the
approach and to prioritize activities. However, books, which creates an enabling
the final choice of activities will ultimately environment for media freedom.
depend on the country context, mission finances,
and available technical expertise to implement * Societies where rule of law is already
activities. Some of the lessons learned and best institutionalized and respected are
practices are provided to help missions think ripe for media law reform assistance.
about how these activities could be replicated in
different contexts, and what factors would need * Training media lawyers is an often
to be considered in order to ensure success. overlooked, yet critical part of media
law reform assistance.
These five programmatic approaches are shaping
* Partnerships with law firms which can
the legal enabling environment, strengthening
provide ad-hoc, pro bono media law
constituencies for reform, removing barriers to assistance can be very fruitful. [see
access, training, and supporting capitalization of for example the ProMedia program]
media.
* The provision of legal defense funds
A. Shaping the Legal Enabling for journalists is one way to assist
4
Environment media law reform in restrictive
political environments.
Especially where respect for rule of law exists,
* Linkages between local or national
activities that focus on implementation of laws
NGOs and regional and international
guaranteeing freedom of the press and/or
NGOs engaged in lobbying and
reformation of codes that restrict this freedom advocacy significantly increase
impact. [see for example the Media
4
For a detailed analysis of media law reform Institute of Southern Africa]
issues, see Democracy Dialogue. July 1998. USAID
Center for Democracy and Governance.
Role of Media in Democracy 15
Just as the boundaries demarcating the media opposition parties are other institutions that may
sector are permeable, so are those defining the support the development of an independent
legal enabling environment for media media and of a supportive legal environment for
development. Wherever these lines are drawn, it. Opposition parties also help to institutionalize
they must allow for the minimum conditions of a culture where critical views are tolerated.
access and objectivity necessary for citizens to Likewise, the media creates space for opposition
have information and for government to be held parties in many cases. Yugoslavia is one
accountable. Reforming media laws should be example where civil society has rallied around
undertaken to affect or strengthen the role of the oppositional media, most notably Radio B92
media as a conduit, a channel to connect the and its network. In Poland in the 1980s,
government and the people and to lessen the countless individuals acted as publishers,
distance between the two. writers, printers, and distributors in order to
provide people with alternative information and
Institutions as well as laws support media commentary, views that were not officially
5
development and are instrumental players in sanctioned by the regime.
media law reform. These institutions include
courts, regulators, and the executive branch of While some governments view this activity as
government. The latter is important since it is destabilizing, it may be just the opposite since,
often not the laws that are problematic or where press freedom is denied, the opposition
restrictive but their application, and this often may turn to more violent forms of expression
comes through the executive branch. and protest. For example, when La Prensa was
Universities, particularly law schools, contribute closed in Nicaragua, Violeta Chamorro said,
to media development by training journalists or “By closing down the last reserve of civic
media lawyers, as well as advocates for media opposition in Nicaragua, the Sandinistas reveal
freedom. they have decided on a military solution,
although they preach the opposite. They have
Legal issues are more easily discussed where closed the doors to dialogue and opened the
constitutional principles have been clearly doors to war.”
6

articulated, so the constitution is another


institution that may support media law reform. Every media system in the world functions
Reference within a country's constitution under certain kinds of restraint, so the ultimate
legitimizes the direct applicability of objective of media law should be relative rather
constitutional norms, even if the legislature has 7
than absolute freedom. One of the most
not given legislative form to those norms. This
has been of great importance in Russia, for
5
example, where the direct applicability provision Matynia, Elzbieta. 1997. “Some Notes on Civil
of the constitution has been used to by-pass the Society, Media, and Democracy." Paper prepared for
legislature in those areas where it has not drafted roundtable discussion on "Media Law Reform, Civil
legislation. The U.S. constitution provides a Society and Transition States” co-hosted by the
particular example, one which focuses on Squadron Program on Law, Media and Society, and
restricting government, whereas constitutions in USAID Center for Democracy and Governance, New
York, NY, 30-31 October.
developing countries more often reflect the 6
Ungar, Sanford. 1990. “The Role of a Free Press
European tradition of outlining positive as well
in Strengthening Democracy.” In Democracy and the
as negative obligations for the media. Mass Media, edited by Judith Lichtenberg, 368-398.
New York: Cambridge University Press.
Since the media depends on opposition parties 7
Asante, Clement. 1997. Press Freedom and
for sources and leads which are critical of the Development: A Research Guide and Selected
government, viable, minority, protected Bibliography. Westport, Connecticut: Greenwood
Press.
16 Role of Media in Democracy
effective protections against restrictive media by anyone in the close family of a high
legislation may be self-regulation and media government official is handled through a blind
8
accountability, developed through professional trust.
associations and unions. It is more difficult for a
government to challenge press freedom when Registration, licensing, and access to
the reporters and editors of the mass media information are important concerns under this
perform at a professional level, verify facts, and category. Issues of foreign ownership and
adopt a balanced, even if partisan, approach in restrictions of foreign-produced content are
presenting stories. Therefore, training and media highly relevant here. Media law scholar Monroe
law reform may go hand in hand. Price, addressing the issue of broadcasting law,
has said, “A system of domestic media law that
Two categories of laws support media’s ability prohibits competition internally, that constrains
to provide information and to check government the capacity of program distributors to meet the
power. The first relates to laws outlining media- interests of consumers, will be a fragile one. It is
government inter-relationships, while the second not only constitutional reasons but pragmatic
pertains to patterns of media ownership and ones, in this view, that justify a far more open
control. Media-government relations are largely system of competition and freedom for
structured and affected by laws relating to broadcasters.”
9

freedom of information, libel, sedition,


obscenity, and invasion of privacy. Tax laws are There are related commercial laws that may
important here, and these should be analyzed to impinge media development, and these as well
determine the extent to which they encourage as other laws should be assessed in order to
the growth of private media. NGOs’ tax status is determine where there is scope for reform. In
also relevant since duty free concessions and tax Russia, for example, RAPIC/NPI has identified
privileges affect NGOs’ ability to provide obstacles that currently prevent the use of
training to media, advocate for the sector, and, in leasing and lease-to-own mechanisms.
some cases, help to develop infrastructure and RAPIC/NPI is trying to promote commercial
programming. relationships between equipment
manufacturers/dealers and regional media
The second set of laws affecting media's ability organizations. Laws pertaining to commercial
to provide information and to check government lending and investment also affect the media
power relates to ownership and control. industry, since they have implications for the
Ultimately, this set of laws should ensure a level capitalization of the industry.
playing ground so that all media—private,
governmental, domestic, foreign—operate under Examples of types of activities in this area are
exactly the same rules without preferential cross-national media law advising,
treatment in the licensing process. In addition, a training/institutional support to establish
limit may be placed on how much ad income independent regulatory bodies, training in
government-subsidized media can take from the international law and standards to which
private sector. For example, in the Czech countries’ media laws must comply, and support
Republic no more than 5 percent of state for legal defense funds. More specific best
television income can come from advertising. It
has been suggested that government-owned
transmitting stations and printing presses should 8
See Eric Johnson's contribution to Democracy
be subject to tariff regulation, if they are Dialogue (July 1998), Center for Democracy and
monopolies, and that they must charge the same Governance, USAID.
rates to all customers. Likewise, another means 9
Hudock, Ann. 1998. “Concept Paper: The Role
of avoiding bias is to ensure that ownership of of Media in Democracy.” Concept paper, USAID,
Washington, DC.
Role of Media in Democracy 17
practices supported directly by USAID and its ProMedia addresses the profusion of rules and
partners follow. regulations that inhibit the development of new
Best Practices independent media. Most countries have yet to
pass media laws, which set the ground rules for
Analyzing legislation to limit restrictions starting and operating private newspapers, as
placed on new, independent media well as radio and television stations. On the
ProMedia is USAID's second-generation media political side, most governments prefer direct
assistance program in Central/Eastern Europe, control of the media and are clearly
following on from a multi-year grant through uncomfortable with any criticism of their
USIA to the International Media Fund, a private policies. Since media in the ENI region were
non-profit organization set up in 1990. historically all state-owned, there is no tradition
Currently, ProMedia has field operations in of protecting free press and rights of journalists.
Albania, Belarus, Bulgaria, Croatia, Hungary, This status quo allows some governments in the
Romania, Slovakia, Ukraine, and Yugoslavia, region to actually suppress free media while
with Bosnia to be included shortly. ProMedia is casting themselves as modern western states that
run by IREX, with Freedom House, the respect human rights and political liberty.
International Center for Journalists, and
Internews as the primary sub-contractors. The primary function of ProMedia is to provide
thorough analyses of media legislation and help
local journalists understand how media laws
operate in western countries. The media law
International Conventions component has concentrated on analyzing
Supporting Media Freedom proposed or enacted laws, providing legal
experts to help in program design and to
* Universal Declaration of Human participate in policy debates, supporting
Rights seminars for journalists, training journalist
groups in self defense, and providing U.S.-based
* International Covenant on Civil and
training to media lawyers and associations.
Political Rights

* International Covenant on Economic, Slovakia provides a telling example of how


Social and Cultural Rights ProMedia legal assistance works. In 1996, the
Meciar government tried to pass a law that
* Charter of Paris for a New Europe would have punished journalists and media
owners who failed to print or broadcast “the
* Budapest Summit Declaration: truth” about Slovakia—as the government saw
Towards a Genuine Partnership in a it. Through the pro bono services of a
New Europe Washington law firm, Covington & Burling,
ProMedia provided an analysis of this law,
* European Convention on Human which showed where it violated the Slovak
Rights constitution and many international conventions
that the Slovak government had signed. As a
* American Declaration of the Rights
and Duties of Man
result, the government relented. In early 1997,
when the government looked ready to
* American Convention on Human reintroduce the original legislation, ProMedia
Rights and Covington & Burling helped Slovak
journalists mobilize to counter any such
* African Charter on Human and initiative.
Peoples' Rights

18 Source: Covington & Burling Role of Media in Democracy


Not all of ProMedia's activities, however, are Internews' web site in each country
rear-guard actions. With the election of a (e.g.,www.internews.am). Each is
democratically-minded government in Bulgaria, preparing to publish these documents in a
ProMedia helped Bulgarian media and journalist Broadcaster's Legal Handbook.
associations convene a “media law task force.”
This task force set about drafting a new media • Established contact with parliamentary
law that provided open access to the broadcast deputies responsible for or interested in
spectrum, protection of free speech, private media legislation and provided whatever
ownership of media outlets, and a public advice they can use to support their efforts
broadcasting role for state media. ProMedia sent to liberalize media law, including providing
a media lawyer who provided analysis of the information about how the media are
draft legislation and offered recommendations regulated in other countries. Each has also
that would enable the law to meet European provided information to stations about how
10
standards. Copies of draft media law analysis to lobby parliamentary deputies on media
completed by Covington & Burling are available law issues.
from the civil society team at the Center for
Democracy and Governance. • Established a network of contacts
throughout the government agencies
Hiring staff attorneys to redraft restrictive responsible for preparation, consideration,
laws and regulations and implementation of media law. This was
Internews is an internationally-active non-profit undertaken to make it possible to know what
group working to enhance tolerance and media law is pending and to inform stations
understanding among people by supporting about how to prepare for forthcoming
nongovernmental television, radio, and print measures.
media in emerging democracies. With USAID
support, Internews has assisted media law • Met with many if not all of the directors of
reform mainly in the ENI region and, more private stations in each country to impress
recently, in Indonesia. In response to restrictive upon them the importance of knowing the
laws and regulations that were restraining the regulations that govern their activities. The
independent broadcasters Internews supported, lawyers have also conducted on-site
Internews hired lawyers in its Central Asian and checkups of many stations to point out to
Southern Caucases offices to offer their services directors changes they need to make to
to private broadcasters and to government avoid giving the government a legitimate
organizations drafting and implementing media excuse to impede station operation (such as
legislation. inadequate posting of emergency fire
procedures).
Internews has a permanent staff lawyer in six of
its seven Central Asian and Southern Caucases • Worked with the local associations of
offices. Each of these lawyers has, where broadcasters, media, and journalists. This
possible, done the following: effort is designed to help them increase their
ability to represent broadcasters' interests.
• Gathered all media-related legislation into
one place, distributed copies to private Comparing experiences to that in other
broadcasters around the country, and countries to better understand media’s role
prepared copies in the local language as well The American Bar Association's Central and
as in Russian and English for posting onto East European Law Initiative (ABA-CEELI)
prepared a concept paper on media that draws on
10
ProMedia. January-June 1997. Semiannual the U.S. experience to address four principal
Report.
Role of Media in Democracy 19
themes essential to the understanding of media right for all in a democratic society. The ability
in democracy: to leverage local, national, and international
support in efforts to monitor, report, and act on
• Defamation law, notably when and how the media freedom violations distinguishes MISA
mass media can be held responsible and from other more localized efforts.
punished for controversial, embarrassing, or
inaccurate information about public MISA contributes to the legal enabling
officials, public figures, or private environment for media through a series of
individuals activities, publications, and information
dissemination efforts. By cataloguing laws in
• Issues of mass media and national security, SADC nations that impinge on media freedoms,
particularly the government’s ability to MISA hopes to raise awareness among
censor or to restrict access to information journalists, and others, of the constraints on
freedom. In part, this is to protect journalists
• Protection of journalists' sources from breaking laws unknowingly, or to help
them decide that breaking a law is worth the risk
• Government ownership, control, and of punishment, particularly when the law might
regulation of the mass media be challenged on constitutional grounds. During
1996-97, MISA launched a legal defense fund
Monitoring, reporting, and acting on media intended to assist media workers in distress or to
freedom violations test repressive legislation in courts of law. Each
The Media Institute of Southern Africa (MISA) of the 11 chapters contributes to the fund, and
is an NGO with member chapters in 11 of the 12 international donors are solicited for assistance.
countries that make up the Southern Africa
Development Community (SADC). The regional Training and publications enable MISA to
secretariat, headquartered in Namibia, plays a increase capacity to advocate for media reform
co-ordinating, oversight, and facilitative role in the region, and to disseminate information
with respect to the chapters. Officially launched more broadly. MISA's Action Alerts, sent out
in September 1992, MISA focuses on the need electronically, keep stakeholders abreast of
to promote free, independent, and pluralistic media violations and encourage action to
media as envisaged in the 1991 Windhoek address critical situations. The Southern African
Declaration (see Appendix C). MISA seeks Media Law Briefing informs lawyers and
ways to promote the free flow of information interested parties in Southern Africa on
and co-operation between journalists, as a developments on media law and freedom of
principal means of nurturing democracy and expression both within and outside the region.
human rights in Africa. MISA receives support Network News explores substantive issues,
from a variety of donors, including USAID's chapter activities, and upcoming events. It also
regional mission, the Regional Center for provides a space for editorials and cartoons.
Southern Africa. Training sessions have focused on how to
change legislation, build networks, and
MISA is a membership-based organization strengthen grassroots awareness.
whose members extend beyond the media
profession. MISA is unique in that it reaches Lobbying/advocating for journalists’ rights,
beyond the media industry and media teaching media law courses
practitioners to garner support from civil Media Development Program (MDP) is a
society, including business leaders, teachers, USAID partner supporting the institutional and
human rights supporters, and others who economic development of print and broadcast
recognize that media freedom is an important media in Russia. It is administered by Internews

20 Role of Media in Democracy


and is managed in partnership with RAPIC. Standing Commission of Freedom of
There were three components of MDP that Information
addressed media law reform: The Standing Commission of Freedom of
Information advocates for the explicit,
Glasnost Defense Foundation enforceable right of journalists and citizens to
The Glasnost Defense Foundation (GDF) gain access to government and corporate
received funding through MDP to support information. It undertakes activities to
research, education, and publication projects. encourage greater accountability, public
GDF is now an influential and respected awareness and involvement, and the rule of law.
advocate and lobbyist for the rights of With support from MDP, the commission has
journalists in Russia. The foundation monitors conducted groundbreaking research into the
abuses of journalists' rights, lobbies for greater problem of information access on the local level
protection for journalists in law and in practice, and has educated journalists concerning their
and publishes and distributes reports and rights to information. The commission
handbooks for journalists on a variety of legal, conducted programs in six regions of Russia,
professional, and personal safety issues. GDF's published a national monthly newsletter, and
director has also traveled to Indonesia to work raised the issue of freedom of information in
with Internews in support of media law reform. dozens of national and local media outlets.
GDF's publications include Mass Media Law Of equal importance, since the legislative
and Practice in Europe and Short Legal environment surrounding freedom of
Handbook for Journalists. information is still being formed in Russia, the
commission educated lawmakers and
Moscow Media Law and Policy Center government officials on freedom of information
Since its inception in October 1995, the Moscow issues and provided them with many models of
Media Law and Policy Center (MMLPC) has foreign information-access laws. The
vigorously pursued the promotion of the rule of commission has also taken the lead in airing the
law and a free and independent press throughout issue of access to corporate information, and the
the former Soviet Union. MMLPC has become a problems faced by NGOs relating to free access
leading resource nationally, regionally, and of information.
internationally for scholars, policymakers,
legislators, lawyers, judges, and journalists B. Removing Barriers to Access
involved with Russian and other regional media
law and policy issues. The center directs a wide Access to entry, to means of production and
array of programs to encourage media freedoms, distribution, to information, and for different
including the teaching of media law courses at viewpoints is essential to a free media. Some of
the Moscow State University School of these barriers will be removed or reduced as a
Journalism, curricula development in media law natural by-product of shaping the legal enabling
for journalism schools both in the regions of environment, strengthening constituencies for
Russia and the independent states, specialized reform, training, and developing the
training and exchange programs for professors capitalization of the media. Others must be more
and students of special promise, sponsorship and directly addressed, especially in cases where
participation in seminars and conferences, a there is sufficient respect for freedom of the
vigorous publications program, and a monthly press and expression.
Russian-language media law newsletter.
Considerations regarding access are important
on a number of different levels. First, there is
access to entry, either through broadcast
licenses or print journalism. Several questions

Role of Media in Democracy 21


should be considered when designing strategies will enable citizens to make informed choices
for removing access barriers: and to participate in a meaningful way.

• Are there clear standards for issuing A fourth and critical element of access is access
licenses? for different viewpoints. This is perhaps the
most difficult area to address, since to regulate
• Who gets licenses? for this involves giving certain groups
preferential treatment, and runs the risk of
• Is there a right of appeal when licenses are precluding other groups' access which may limit
denied? their right to freedom of expression. Various
forms of censorship, either direct or indirect,
• Are licenses granted on the basis of content control information flows and who has access to
in programming? it. Direct, economic, and self-censorship all
11
stifle media to varying degrees. The latter is
A second area where access is essential is access often so insidious that even the person
to means of production and distribution. committing this may not be fully aware of it.
Questions that should be considered here are the Self-censorship is thought to be prevalent in
following: Hong Kong, as a result of the handover to China
in 1997. Hong Kong journalists, even though
• Do government monopolies control printing they technically enjoy greater freedom than their
presses or newsprint or broadcast Chinese counterparts, fear reprisals if they write
equipment? articles that deviate from the official line.

• Are there economic constraints that could be Economic censorship may take various forms,
addressed to increase access of marginalized direct or indirect. Some examples include
or less powerful groups? withholding from uncooperative newspapers
advertising, newsprint, or printing and
• Are commercial laws enabling the media distribution facilities. Economic censorship also
sector or are there areas that could be occurs in countries where there is a fear of
reformed to support entry into the media advertising in the “free” press, since this may be
industry? interpreted by the government as opposition and
result in political backlash that jeopardizes
A third, and often overlooked, area of access is business instead of increasing it. Addressing
access to information. In many countries, this is censorship, whether it is direct or indirect, is
provided through freedom of information difficult since it is usually done by powerful
legislation guaranteeing the public access to groups or entrenched interests.
government documents and records, as well as
proceedings of official meetings or decision- Supporting information dissemination efforts of
making processes. In many cases, journalists are NGOs is one way to increase access for a variety
unaware of their rights regarding access to this of viewpoints. NGOs’ publications are often the
information, and, therefore, do not request it or only vehicle for ideas and information which
incorporate it into their reporting. In other cases, might be overlooked by the mainstream media,
access is denied (either formally or informally) either because they do not appeal to a mass-
and these barriers should be addressed if the
press is to serve a watchdog function of keeping 11
Another form of indirect censorship could be
the elected accountable to the electorate, and if considered. That is the level of capability that exists in
the press is to disseminate information which the profession to report or provide analyses. Where this
skill is lacking and training is not available, there are
gaps in public information about policies and events.
22 Role of Media in Democracy
based audience or because they are politically station would be smaller. This provision
contentious and might offend government or tends to create more stations.
commercial interests invested in the mainstream
media. In order to ensure that citizens can gain
information from a variety of sources, it is
necessary to limit the holdings of any one
Another approach to increasing access for
company or consortia across the different
different viewpoints is offered by MISA: distribution methods of information—
newspapers, radio, off-air TV, cable TV,
Regulation is another way to promote and satellite TV.
plurality, diversity, quality and access
within the media. There are a number of Programming
regulatory mechanisms available: To sell advertising there is a tendency for
advertiser-based stations to produce
• Ownership programming that they know to be popular.
• Programming In order to promote diversity, the regulator
• Local support may choose applicants with contrasting
• Roll-out profiles serving the same market. But this
approach means that the first stations
Ownership established have an advantage in that they
Regulation of ownership can be related to a will have taken the most popular program
geographical area—for instance a company formats. New applicants are, therefore, at a
or consortium might be limited to running a disadvantage in that they must fulfill the
TV station in only one area. The advantage requirement of meeting the needs of smaller
of this method of allocation is that greater potential audiences.
regional diversity and more local content
may result. In television the applicant may give
undertakings that it will provide a
As a compromise between competition and proportion of news, current affairs, drama,
monopoly, a company may be limited to or other programming. In radio the applicant
running two or more stations in non- may give similar undertakings for channels
bordering areas. The advantage of this specializing in the spoken word, or
provision is that the operator gains a undertakings as to the type of music that
lowering of unit costs while the regulation will be played.
prevents the possibility of too small a
number of large operators. At this stage, quality may become an
issue—how much high-cost programming
An alternative is for the regulator to the station proposes in its plans. Such high-
promote diversity by allowing the same cost programming includes news, current
company to run two stations in the same affairs, drama, and local programming. The
geographical area, thereby ensuring that, program promises may be extremely
particularly in radio, different markets will detailed in that they give the exact timings
be served by different programming of news. These program promises then
formats. The problem in a small advertising become included in the license to be
market is that neither station—whether TV monitored by the regulator.
or radio—may make enough money to
survive. Local support
A factor in the distribution of broadcasting
Allied to geographical area, regulation can licenses can be the extent of local support
prevent a company from serving more than for a license applicant. The intention has
a certain proportion of the population. been to encourage support from potential
Hence in urban areas the reach of each local advertisers, promote programming

Role of Media in Democracy 23


suited to the needs of the local community,
and increase diversity. But there are The exception is “community” broadcasting,
problems in applying the criterion fairly. which is subsidized from public funds or aid
How is local support for one applicant to be donors, and where access by the local
measured against that for another? Does the community to a station run by its own
wealth of the supporters then become the community is the reason for the stations
criterion? coming into being. It may be necessary for
such community broadcaster to have
institutional structures built into the license,
linking it into the local community, so that it
WHAT IS COMMUNITY
may not, over time, become just another
BROADCASTING? local commercial station.
* Most of the community stations Roll-out
worldwide agree that a community Where universal access to a medium is not
station is one that is owned, available, the license award may depend on
managed, and programmed by the how far and how fast the contesting
people it serves. It is a non-profit applicants are prepared to expand their
station responding to the service. Specific targets in terms of potential
community's expressed needs and viewing/listening households, or coverage
priorities and is accountable to of specific geographical areas in the first
community structures. The extent of and subsequent years may be included in the
the involvement in the managing and license.
programming differs from one station
to the next. Examples of types of activities in this area
are reform regulation regarding entry to
* Commercial broadcasters define market, reform commercial laws, support
themselves as profit-making alternative media, support production of
institutions. As a communications news features, and encourage media
medium, they have to show the same interaction with civil society organizations.
social and cultural responsibility that More specific best practices supported
all good journalists have, and have to directly by USAID and its partners follow.
base their programming on service to 12
their communities. But, when a
conflict arises, when they have to
choose between community issues
Best Practices
and profit, the owners of commercial
stations will be inclined to the latter. Supporting independent media in a transition
environment
* Community broadcasters are not Since April 1996, OTI has supported the
looking for profit, but to provide a expansion, development, and/or survival of 31
service to society. Naturally, this is a independent newspapers and news magazines
service that attempts to influence and three independent news agencies, including
public opinion, create consensus, funding for the publication and distribution of
strengthen democracy and above all over four million copies of newspapers and
create community. magazines in the former Yugoslavia. OTI has
backed the establishment of 55 independent
* Community broadcast stations should
television and radio stations and has supported
be available, accessible, affordable,
acceptable, and accountable to the more than 100 locally produced public affairs
community.
12
MISA. Why Independent Regulators. (grey
Source: MISA, The Role of Community literature, MISA, South Africa).
Broadcasting
24 Role of Media in Democracy
documentaries and roundtable discussions. In The press center was established in December
Liberia, OTI worked with the Africa Bureau to 1995 in order to increase the presence of the
create an independent short-wave and FM radio Roma in Hungarian mainstream media. Through
station serving all of Liberia and the border its established domestic network of
regions to raise standards of news reporting and correspondents in most of the Hungarian
to provide information. Additionally, OTI has countries and, from October 1997, its regional
supported media efforts in Angola and Rwanda, office in Pecs, it functions as a bridge of
particularly those that increase public awareness communication towards the largest Hungarian
regarding land mines or proceedings of the national dailies and the local newspapers. The
International Criminal Tribunal for Rwanda. press center's activities seem to have been
successful so far: about 60 percent of its more
Broadcasting based on community ownership than 500 news items have been published in at
and participation least one Hungarian newspaper along with about
Community broadcasting has enormous 50 features. In a number of cases the press
potential to introduce plural voices to the media center was the first to call the larger public's
sector, to deliver development messages, and to attention to an issue.
empower communities to take charge of their
own information needs and to develop Monitoring the executive and legislative, and
appropriate formats for meeting them. The reporting on their activities
essential question regarding the establishment of The Political Information and Monitoring
a community station is not one of technology but Service (PIMS) of the Institute for Democracy in
rather the question of how the community will South Africa (IDASA) aims to support
be able to control the medium technically, democracy by promoting good ethical
13
politically, and culturally. It is possible to have governance in South Africa. The service
a community station in a poor area, and to have promotes an open and accountable executive as
editorial independence even when the station well as strong and independent parliaments
receives government support. For example, in through its work in the national and provincial
the United States, public broadcasting would not legislatures. PIMS monitors the legislatures and
have been possible without state and federal the executive, researches public policy and
support. Some of the first radio stations in the legislation, and disseminates meaningful
country were educational ones operated by state information generated through these activities to
universities to extend resources to rural schools civil society and other audiences. It also
and farmers. Through legislative safeguards, advocates around selected issues, like political
there is no government interference with content party funding, good governance, a parliamentary
of local programming.
14 code of conduct and public service reform, and
the open democracy legislation. PIMS
Increasing coverage of minorities to promote disseminates information creatively to as wide
broader access to news and diverse a public as possible, filling the void
The Roma Press Center located in Budapest, created by the inadequacies of the mainstream
Hungary is an NGO supplying news and media. PIMS publications include
information towards the largest possible public Parliamentary Whip, a tabloid-size newspaper
regarding the situation of the Roma, the largest published fortnightly during the parliamentary
ethnic minority in Central and Eastern Europe. session; The Provincial Whip, produced by the
Provincial Monitoring Project based in Pretoria;
13
MISA. The Role of Community Broadcasting. and the IDASA Parliamentary Record, compiled
(grey literature, MISA, South Africa). by PIMS and published every Monday during
14
Fairbairn, Jean and Bill Siemering. 11-15 May, parliamentary session by three South African
1998. Report on Cultivating Community Radio in major metropolitan newspapers.
Mozambique.
Role of Media in Democracy 25
information sharing especially attractive to many
Accessing high-quality, independent printing Russian regional publishers. Therefore, MDP
presses has followed a policy of actively encouraging
MDP funded the first modern, newspaper- online publishing in Russia.
controlled printing press in the Russian
provinces in order to break government The MDP electronic newspaper project grew out
monopoly on information. The lack of access to of a previously existing partnership between the
high-quality, independent printing presses was Tacoma News-Tribune and the newspaper
widely regarded as the most significant problem Vladivostok. Since 1995, the two newspapers
facing the Russian regional press. On the one had been publishing a primitive electronic
hand, state control of existing printing presses is version of the English-language newspaper
a primary source of direct and indirect control Vladivostok News on the News-Tribune's server,
over the regional press. On the other hand, using U.S. technical and publishing expertise.
extremely poor print quality and slow printing The primary goal of the electronic newspaper
service prevent regional newspapers from project was to transfer all aspects of the online
providing adequate services to potential publication Vladivostok News to Russia and to
advertisers and timely news coverage to their develop a completely new Russian-language
readers. This naturally stymies their economic online publication based on the flagship
development. newspaper Vladivostok. The electronic version
of Vladivostok, which receives 25,000 hits per
Despite the costs and risks involved in a project month, can be viewed at <vn.vladnews.ru>.
of this nature, MDP felt it was essential to tackle
this problem head-on. Therefore this pilot C. Strengthening Constituencies for Reform
project was developed with the goals of (1)
In some pre-transition or very politically
vastly improving access to high-quality printing
oppressed environments, it may only be possible
in at least one Russian market and (2) creating
to work indirectly on media sector support. One
an economic model of how a small newspaper
of the ways to do so is through support for
printing facility could be created and run
nongovernmental organizations (NGOs). These
profitably. Through the careful selection of
groups may act as advocates for the media
appropriate equipment and the intense training
sector, lobbying for freedom of information
of management and technical staff, MDP
rights or for legal reforms that would provide
achieved both these goals.
political and economic space in which the sector
could thrive. Or, these NGOs might serve as
Utilizing electronic publishing to reduce costs,
alternative information sources to counter
and encouraging local control
government control over information, or to
From its inception, MDP recognized that new
provide in-depth investigative reports that
media and electronic publishing would play a
mainstream media may not be able to cover.
crucial and increasingly important role in the
development of the Russian media sector. Over
Such a strategy or a component of a broader
the last five years, Internet access in Russia has
strategy may be useful in more closed political
grown more than twice as quickly as it has in the
environments as a form of “pre-positioning.” In
rest of the world, and improvements in the
this way, the goal would be to identify key
telecommunications infrastructure suggest that
actors and allies who might be willing to push
this trend will continue for the foreseeable
forward a reform agenda, and to seize greater
future. At the same time, the costs of producing 15
and distributing traditional newspapers, opportunities when they arise. Supporting
especially in isolated regions like Siberia and the
Far East, make electronic publishing and
15
See also "Constituencies for Reform", USAID
26 Role of Media in Democracy
these actors may mean that, if an opening in the particular political group, or, in their absence, on
system occurs, there are groups with sufficient training.
capacity to take advantage of the moment.
Several questions are worth considering when
Work with professional associations may be undertaking activities that strengthen
constrained in highly political environments. constituencies for reform in the media sector:
This is often the case in post-conflict settings. In
these instances, experience has shown the value • Is it possible, logical to work with the
of concentrating programming on simultaneous political opposition group(s)?
work with a number of NGOs, each allied with a • Is there internal cohesion of the current
regime? If so, does it serve to support or
obstruct the media sector?
LESSONS LEARNED: • Have there been open acts of dissent? Have
Strengthening Constituencies these been random or organized, and, if the
for Reform latter, who has organized them? How has the
regime responded? What are the
* Work with professional associations
may be constrained in environments
implications for alternative views in the
where these associations are highly media?
political or organized along partisan
lines. This is often the case in post- • What “spaces” to communicate are not
conflict settings. being controlled by regime? (i.e., Internet,
NGO publications, alternative media, print
* Media advocacy organizations are media, etc.)
most effective when they are
membership-based since this gives • How can new technologies be used to open
them credibility and legitimacy, new spaces?
particularly with government which is
more likely to take reforms on board if
• How can the private sector become an ally?
there is a broad-based, powerful
constituency behind them.
• What role can/does the foreign press play in
* Media advocacy organizations are monitoring media freedom, setting high
most effective when they leverage standards, and indirectly or directly training
both local and international support, local journalists?
since the weight of the international
community provides protection and There are numerous resources available to guide
power while the local support capacity-building efforts for NGOs, including
provides legitimacy on issues around financial sustainability strategies and advocacy
which they are advocating reform. training. USAID's Office of Private and
Voluntary Cooperation has created
* It is essential to remain flexible in
organizational self-assessment tools as well as
rapidly changing development
mechanisms for delivering capacity building
environments, and to support those
organizations that are on the front support to local NGOs. CIVICUS, an
lines of reform or are good candidates international umbrella organization of civil
to “pre-position” so that they are able society organizations, has published a very
to take advantage of reform useful book on financial sustainability for
opportunities when they arise. NGOs.

1994.
Role of Media in Democracy 27
Examples of types of activities in this area are networks after the initial broadcast. While many
capacity building support, advocacy training, producers already have business relationships
endowments, civic education, and outreach to with distributors and stations interested in
readers. More specific best practices supported purchasing re-runs directly, all agreed that the
directly by USAID and its partners follow. market had been suffering from a slow start-up.
The NATD convention invited MDP
Best Practices representatives to help address these problems.
MDP designed and presided over seven
Extending day-to-day news coverage to seminars on related topics.
investigative stories
The Philippine Center for Investigative Representing media associations before
Journalism (PCIJ) is an independent, non-profit legislative institutions
media agency that specializes in investigative Under MDP in Russia, the National Association
reporting. Founded in 1989 by journalists, PCIJ of Telebroadcasters (NAT) received support for
attempts to extend news coverage beyond day- its mission of representing telebroadcasters
to-day reportage by investigating news stories, before Russian legislative and state institutions,
following their development over time, and and to provide broadcasters with technical,
producing award-winning reports, which can be educational, and other practical support. NAT
published in local media that would otherwise was formed in August 1995 as an association of
lack such substantive work. broadcast television companies structured
loosely on the model of the National Association
PCIJ provides low-budget fellowships to of Broadcasters, a U.S. television industry
reporters so that they can take time off to pursue association. NAT's mandate is to represent and
stories, and the center's board of seasoned protect the legal and commercial interests of
journalists serves as “coaches” to these fellows Russian broadcasters in legislative, regulatory,
to help them develop their skills and talents. and executive bodies, to represent members in
During the past nine years, the center has national and regional advertising markets, and to
produced more than 200 stories, particularly on expand international business ties. By the end of
the environment, public accountability and 1997, NAT had over 130 member stations, and
governance, health, and the judiciary. PCIJ has NAT activities included lobbying, seminars, and
won more than 20 awards for its reporting. workshops for TV professionals, an annual Tele-
Where stories are sensitive, the board members radio Expo, a weekly electronic newsletter, and
read stories for accuracy and balance in order to the sponsorship of special conferences on issues
limit the number of lawsuits filed against the of concern to the industry.
center.
Awarding media excellence to increase
“Re-running” to redistribute programming visibility and prestige
beyond initial broadcast This international journalism award was created
The purpose of the National Association of as an innovative part of the Latin American
Teledistributors (NATD) was to create Journalism Project (LAJP) funded by USAID
mechanisms to encourage the growth of the “re- and designed and implemented by Florida
run” market from broadcast programming. The International University. The annual competition
first convention of the NATD, funded by MDP, recognizes excellence and provides incentive for
brought together Russian producers and high standards within the journalism community
distributors offering re-run programming to the of Central America. A generous cash prize is
Russian market. The producers wanted to attached to the award, which is handed out at an
organize a mechanism to help them redistribute annual banquet where heads of state, members
their programming to other stations and of the journalism community, and international

28 Role of Media in Democracy


guests are gathered. Corporate sponsors have manage their business operations, attract
provided the cash prize. The ceremonies are advertisers, and secure loans for investments.
often broadcast on television, which raises the
visibility of the recipient, and increases Training in business management and
awareness of quality journalism practices. The accounting is essential for the cost-effective
awards program has been so successful that administration of news outlets. Many print
many refer to it as the “Pulitzer Prize of Central outlets or broadcast mediums are established by
America.” In addition to the institutionalization journalists who have little or no financial
of professional norms and the recognition the background, and as a result, find it difficult to
prize provides, the awards ceremony generates charge for advertising, reinvest their profits,
an interest in the training programs offered by assess the assets, and adhere to a budget. Both
LAJP, and reinforces personal networks that the the ProMedia program and LAJP trained media
program helped to establish in the region. owners in these areas.

Independent news reporting to promote One critical skill to develop is polling or


alternative views tracking audience data since this will let
The Budapest Center for Independent potential advertisers know the demographics of
Journalism was founded in 1995 by the New who is using a certain media outlet. This will
York-based Independent Journalism Foundation. increase the profits of the news outlets since
The center is a non-political, non-profit they will know which business would be most
organization supporting ethical, unbiased likely to buy space.
investigative news reporting. It offers
opportunities for journalists and media students Perhaps the most important area of financial
to learn about new advances in media support for media sector development comes in
technology, and organizes course, conferences, the form of revolving loan funds. Some media
seminars, and roundtable discussions. The outlets, for a variety of reasons, find that they
programs at the center are free of charge for are ineligible for credit from the formal lending
journalists and journalism students. Special institutions and, therefore, rely on informal
attention is given in programs and publications credit programs run by NGOs. These funding
to minority and multicultural issues. sources enable the media outlets to decline
government subsidies, particularly in difficult
Within the framework of the ProMedia program, economic environments, and retain a degree of
300 journalists from local television stations editorial independence.
were trained by the center in local news
production and studio work. In addition, western Examples of types of activities in this area are
advisors offered consultations for local stations lobby for higher journalist salaries, strengthen
on management, advertising, and business plans. distribution mechanisms, training in
business/newsroom management,
D. Supporting Capitalization of Media financial/technical support, and workshops.
More specific best practices supported directly
In many transition societies, government by USAID and its partners follow.
controlled media has been privatized only to
yield a media sector which is controlled by Best Practices
powerful economic elites who use the media for
their own financial or political gain. One of the Providing low-interest loans to encourage
ways to increase the editorial independence of media in difficult economic/political climates
the media is to strengthen outlets' abilities to Media Development Loan Fund (MDLF) is a
not-for-profit organization that provides low-

Role of Media in Democracy 29


interest loans to independent media Mobilizing technical/financial resources to
organizations working in particularly difficult improve access to long-term finance
economic and political climates. With USAID assistance, the Southern African
Media Development Fund (Samdef Fund) seeks
The existence of independent media in these to promote the development of the emergent
environments is jeopardized by poorly independent media in the SADC region through
developed banking systems, a lack of fresh financial and technical support. The fund, based
investing capital, discriminatory interest rates in Botswana, became operational in 1998. It
charged by lending institutions, and, frequently, mobilizes financial and technical resources to
political pressure on or control of the media. The help media gain access to long-term finance, and
need for capital is the main obstacle for the to bridge the lending gap between independent,
improvement and growth of independent media private media operations and the commercial
organizations. It seriously limits their banking sector. In addition to providing low
opportunities to reach economic vitality and interest loans or credit guarantees, the fund
commercial viability. offers technical and training support services,
especially financing or facilitating the financing
Understanding that self-supporting independent of project feasibility studies and business plans.
media organizations are the best insurance and Priority needs of many independent media
guardian of democratic institutions and the ideal include business planning skills, strategic
of free and independent press, MDLF takes a management skills, financial management, cost
three-step approach to media assistance: control and pricing skills, marketing skills,
technical production skills, and lobbying skills
• Loans are extended for projects that will to campaign for an enabling environment for
substantially improve the borrowers' chance media development.
to grow and become self-supporting.
E. Training
• Repayment of loans is structured according
to stringent reporting and monitoring rules Training initiatives that increase indigenous
that require the borrower to adopt a training capacity or that support indigenous
business-like attitude to the profession of institutions may be more sustainable and
journalism and improve management, effective than those that attempt to create new
financial, and business skills in the process. structures or institutions. In some cases,
however, it may be impossible or inadvisable to
• Technical assistance for management and work with existing institutions since these are
new technology is provided to further insure fraught with political divisions, or are either
the success of both the loan and the media directly or indirectly arms of government. For
organization. example, Florida International University
decided not to work through the universities or
Targets for loans are independent newspapers, journalists’ associations when it established
magazines, radio and television stations, new LAJP since the groups were fractured and did
media companies and media support and not have the credibility or capacity necessary to
infrastructure organizations that are independent implement a training project.
of government control, strive for fact-based
journalistic excellence, and offer the possibility Training is a very popular activity within the
to become self-sustaining with capital realm of media sector support and has been used
investment that they can repay. effectively in a variety of political environments,
in particular by USIA. It is one which has
inherent limits, but which is critical to

30 Role of Media in Democracy


developing a sector which can reliably, nature of political regime, degree of political
accurately, and freely report news and provide polarization in society, and legal framework.
citizens with relevant information. Without
trained journalists, the media is unable to check As mentioned previously, journalism training is
government power since information provided usefully linked with media law reform, since a
through the media may be seen as circumspect cadre of trained journalists who can report
or sensationalistic. professionally may stave off restrictive
legislation from government.
Contextual factors also impinge on the success
of training activities. These include corruption, Given the limited measurable impact of training,
low salaries, security threats, drug trafficking, this activity should be undertaken carefully and
with a realistic set of objectives. For example,
training journalists may not increase the number
of investigative reports published in the media,
LESSONS LEARNED: since this is affected by a number of contextual
Training factors such as the nature of the political regime,
the power of advertisers, the financial resources
* Contextual factors also impinge on of the outlet, and the willingness of owners and
the success of training activities.
editors to take risks.
These include corruption, low
salaries, security threats, drug
trafficking, nature of political regime, Internews has found through its training efforts
degree of political polarization in in MDP that the best training programs are those
society, and legal framework. that stress education of trainers and strive to
develop long-term relationships with trainer-
* Training efforts may have greater consultants. Combining American and European
impact if a reliable alumni network is trainers also helps to avoid the dominance of one
developed in order to support the perspective, and to expose trainees to a range of
journalists once they return to their approaches which may support their work.
news outlets, and to disseminate Trainees generally appreciate this, and tend to
information beyond the initial core of resent what they view as the imposition of U.S.
trainees.
values and ideals regarding the role of media in
democracy.
* Training may help to lessen
incidents of censorship and
corruption in the newsroom. Examples of types of activities in this area are
international fellowships/visitors programs,
* Involving media owners, managers, regional seminars/workshops, on-site training,
and editors in training activities may use of new technologies, and production of CD
increase the support which rom/self-guide modules. More specific best
journalists receive once they return practices supported directly by USAID and its
to their newsrooms and try to put in partners follow.
place the new skills they have
learned. Best Practices
* The power of advertisers or the
Institutionalizing journalist education in
political regime may hinder
journalists' ability to pursue
country/region served
investigative reports. From 1988 to 1997, USAID provided nearly $12
million in funding for LAJP, or Programa
Centroamericano de Periodismo, to strengthen

Role of Media in Democracy 31


journalism and journalism education in Costa
Rica, El Salvador, Guatemala, Honduras, and Developing skills for a democratic society and
Panama. Florida International University a market economy
administered the project in Miami, Florida. The Communications Strategies Program at
Specific objectives included improving World Bank’s the World Bank Institute (WBI,
professional skills in writing, reporting, editing, formerly the Economic Development Institute)
production, research, and management; raising is designed to help journalists and government
awareness of journalist ethics; strengthening communicators develop the skills they need to
journalism education programs in universities; operate in a democratic society and within a
developing instructional materials; and market economy. Part of this effort has focused
facilitating continuing dialogue among the on workshops in investigative journalism, one
journalists, owners, and educators in the region. element of a broader effort to assist the
To supplement the training courses LAJP promotion of national integrity and the fight
offered journalist prizes and written materials. against corruption. Workshops have been held in
LAJP's awards program, Premios de Africa, and Central and Eastern Europe.
PROCEPER, was well received in the region.
Journalists regard these awards as the highest These workshops are designed to equip
achievement possible in the region. LAJP's journalists with the professional skills needed to
monthly Spanish-language journalism review, investigate and report on incidences of
Pulso del Periodismo, offered a wider corruption. The goal is to raise public awareness
dissemination of the ideas at the core of LAJP's that “clean government” is every citizen's right,
seminars, while focusing on topics important to and that it should not be necessary to pay a bribe
journalists in Latin America. to receive a public service.

LAJP transferred the leadership and operation of One case study used presents a case of graft and
the program from Florida International corruption in the fictitious country of Freedonia,
University to an appropriate Central American mainly in Palisades, the capital. The setting is
institution. The establishment of the Center for typical, and one that many participants in WBI’s
Latin American Journalism in Panama was a workshops have found familiar. The case study
significant accomplishment for LAJP. Over the comprises 11 parts, to be used sequentially, and
10-year period, more than 6,800 journalists each one presents new information and
representing all major media took part in challenges the journalist to make critical
courses, seminars, and the master’s program. decisions about how to report each new piece of
LAJP was successful in carving out a training “news.” As the case unfolds, so does an intricate
niche among professionals and had an impact on web of bribery and corruption that develops both
the quality of writing, balance, depth, news the technical skills and the professional ethics of
collecting, editing, and technical production the participants.
standards. LAJP's focus on journalist ethics and
on codes of ethics helped to significantly Increasing media’s capacity to integrate
decrease corruption and conflicts of interest. women into media coverage
Many participants are less willing to accept With USAID support, WIDTECH provided
censorship and are more aware of the Ukrainian journalists covering the economic
importance of strong, independent media in the transition training in women's focus group
16
service of democracy. interview techniques in order to increase the
media's capacity to integrate women into media
coverage. The workshop began with two
16
For a full report on LAJP, including lessons
learned and factors influencing its success, see the Rockwell. The report is available from the Center for
synthesis report produced by Noreene Janus and Rick Democracy and Governance.
32 Role of Media in Democracy
classroom days to learn interview and focus
group techniques. Classroom instruction
emphasized skills such as listening, asking non-
leading questions, remaining objective, and
paying attention to the contribution of each
person in a focus group. Participants also
learned how to write focus group interview
guides. The guides they developed became the
basis of their interviews. At least five stories
about women's economic contributions to the
new Ukrainian market economy were published
or broadcast as a result of the focus group
workshop.

Role of Media in Democracy 33


34 Role of Media in Democracy
VII. CONCLUSIONS prioritize activities according to which areas will
yield the greatest impact over the shortest period
of time, or which activities will produce the
Media activities should not be viewed in
most sustainable, long-term results. Media law
isolation from other areas of democracy and
reform is a priority area in this sense, since it
governance programs and understood to only be
addresses the structural and institutional
important in civil society programming. In fact,
constraints to media sector development. It is a
greater impact may be achieved by integrating
necessary, but not sufficient, condition in order
USAID’s media support into additional
to create a media sector that will support
democracy and governance areas, particularly
democracy. Combined with self-regulation of
rule of law. This indirect approach may prove
journalists this can be a very powerful approach
extremely beneficial in environments where
to media development.
outright media support activities might be
impossible. In USAID missions where civil
Media sector support is a critical prong of
society budgets are limited, integrating media
strategies to support democracy and good
into other areas of democracy and governance
governance. Challenges to media sector
programs (or environment or health) might be
development are great and some—such as media
one way of leveraging additional funding for
oligarchs, hostile political regimes, and
media support.
restrictive economic environments—may prove
beyond the scope of USAID assistance. Even
There is a need within USAID media support
when there are obstacles that USAID assistance
programs to strengthen the civil society
might reasonably address, the lack of political
organizations dedicated to advocating around
will within the country may hamper success. It is
media issues, such as the media law and policy
important, therefore, to choose media activities
institutes. Where these organizations are unable
accordingly and to tailor any sector support
to access local funding, USAID support may be
strategies to the local realities. This strategic
needed to strengthen their capacity and enable
approach is an attempt to facilitate those choices
them to achieve long-term financial
and to highlight some of the best practices and
sustainability.
lessons learned within USAID and other
organizations involved in media development.
Another overlooked area of USAID media
There is no substitute, however, for creativity
assistance is that of public service broadcast.
and flexibility at the field level, and innovations
The bulk of USAID media activities have been
in designing and implementing media activities
carried out in ENI, where the objective of
should be encouraged.
support was to facilitate the transition from state
media to private, independent media. In many
It is also important to continue and to improve
African countries, for example, such openings or
coordination of USAID’s media sector activities
transitions are rare, and, given the amount of
with other parts of the U.S. government,
public money that has been invested in state
particularly USIA. Effective donor coordination
media infrastructure, privatization may not be an
will also improve programming, leverage scarce
equitable course. A meaningful alternative might
resources, and avoid duplication of effort in the
be to support state media's transition to a
democracy and governance area.
broadcasting service that is publicly owned and
run, but that reflects civil society's interest
instead of state propaganda.

Finally, given limited democracy and


governance budgets generally, and media sector
support budgets specifically, it is important to
Role of Media in Democracy 35
APPENDIX A: Resource Organizations
American Bar Association CIVICUS Secretariat IDASA
Central and East European 919 18th Street, NW, 3rd PO Box 1739
Law Initiative Floor Cape Town 8000
Eighth Floor Washington, DC 20006 South Africa
740 15th Street, NW Tel: (202) 331-8518 Email: info@idasa.org.za
Washington, DC 20005-2009 Fax: (202) 331-8774 http://www.idasa.org.za
Tel: (202) 662 1950 Email: info@civicus.org
http://www.civicus.org Indian Institute of Mass
The Asia Foundation Communication
Tel: (415) 982-4640 Covington and Burling Aruna Asaf Ali Marg
Fax: (415) 392-8863 Contacts: Ellen Goodman, JNU New Campus
Esq. and Kurt Wimmer, Esq. New Delhi 110067
Asian Media Information and Tel: (202) 662-6000 India
Communication Centre Fax: (202) 662-6291 Email:
Jurong Point masscom@del3.vsnl.net.in
PO Box 360 EDI Learning Resources
Singapore 916412 Center International Center for
Email: The World Bank Journalists
Amicline@singnet.com.sg 1818 H Street, NW Tel: (202) 737-3700
http://www.amic.org.sg Washington, DC 20433 Fax: (202) 737-0530
http://www.worldbank.org/ht
Cardozo School of Law ml/edi/home.html Internews California
Contact: Professor Monroe Tel: (707) 826-2030
Price Florida International Fax: (707) 826-2136
Email: price@ymail.yu.edu University
Tel: (212) 790-0402 International Media Center IREX, ProMedia Program
School of Journalism and Tel: (202) 942-9129
Center for Independent Mass Communication Fax: (202) 628-8189
Journalism Contact: Charles Green,
1053 Budapest Director Media Development Loan
Egyetem ter 5, I., #7 Email: greenc@fiu.edu Fund
Budapest, Hungary Tel: (305) 919-5672 45 West 21st Street
Tel: (361) 1175448 Fax: (305) 919-5498 New York, NY 10010
Email: cij@mail.datanet.hu Email: mdlf@nyc.mdlf.org
http://w3.datanet.hu/~cij Freedom Forum
1101 Wilson Boulevard Media Institute of Southern
Center for War, Peace, and Arlington, VA 22209 Africa
the News Media Email: 21 Johann Albrecht Street
New York University News@freedomforum.org Private Bag 13386
Tel: (212) 998-7977 Tel: (703) 528-0800 Windhoek, Namibia
Fax: (212) 995-4143 Fax: (703) 522-4831 Tel: (264) 61-232975
Fax: (264) 61-248016
http://www.misanet.org
Media Studies Center Pew Center for Civic U.S. Information Agency
580 Madison Avenue Journalism 301 4th Street, SW
42nd Floor 1101 Connecticut Ave., NW Washington, DC 20547
New York, NY 10022 Suite 420 Tel: (202) 619-4355
Tel: (212) 317-6548 Washington, DC 20036 Fax: (202) 619-6988
Tel: (202) 331-3200 Email: inquiry@usia.gov
Moscow Media Law and Email: news@pccj.org http://www.usia.gov
Policy Center http://www.pewcenter.org
Moscow State University WIDTECH
School of Journalism Philippine Center for 1625 Massachusetts Ave,
Room 338 Investigative Journalism NW
PO Box 351 12 Hernandez Street Suite 550
103009, Moscow San Lorenzo Village Washington, DC 20036
Russia Makati, Metro Manila Email: info@widtech.org
Tel/Fax: (7095) 203-6571 Philippines
Email: arichter@glasnet.ru World Association of
Roma Press Center Community Radio
Open Society Institute H-1092 Budapest Broadcasters
Washington Office Ferenc krt. 22. 2/3 3575, boul. Saint-Laurent,
900 17th Street, NW Budapest, Hungary Bureau 611
Suite 950 Tel: (36) 1-217-1059 Montreal, Quebec H2X 2T7
Washington, DC 20006 Canada
Tel: (202) 496-2407 Samdef Fund Tel: (514) 982-0351
Fax: (202) 296-5381 Private Bag BO 86 Email: Amarcho@web.net
Gaborone, Botswana http:///www.web.net/amarc
Oxford Programme on http://www.misanet.org
Comparative Media Law and
Policy USAID Contacts:
Oxford University Centre for Peter Graves, Senior Media
Socio-Legal Studies Advisor
Wolfson College Bureau for Europe and New
University of Oxford Independent States
Oxford OX2 6UD USAID/Washington, DC
email: pcmlp@csls.ox.ac.uk 20523-3100
http://www.vii.org/PCMLP/ Email: pgraves@usaid.gov
Tel: (202) 712-4114
Panos London
9 White Lion Street Gary Hansen, Senior
London N1 9PD Technical Advisor, Civil
UK Society
http://www.oneworld.org/pan Center for Democracy and
os/ Governance
USAID
Washington, DC 20523-3100
Email: ghansen@usaid.gov
Tel: (202) 712-1521
APPENDIX B: Assessment avoided by USAID? What are attitudes toward
1 working with USAID? Are they willing to
Tools accept USAID funding?

For maximum impact, the context in which Analysis of the legal framework
media interventions take place should be Which agency controls broadcasting and print
analyzed. Based on the Center’s Strategic media, new licenses? To what degree are laws
Assessment Methodology, the media sector implemented? What are the obstacles to
analysis should include the following areas: implementation of laws currently on the books?
Which sectors of society benefit from loose
Number and types of media implementation of the laws and how? For which
What is the format (tabloid, traditional), offenses can journalists be jailed? How does the
circulation, and type of content (religious, legal system protect journalists? Does the
political, entertainment, etc.)? What has been the country have a media ombudsman? Is there a
history of the media over the past two decades? forum for settling media disputes?

Inventory of journalists Analysis of the professional associations


Number and types of journalists, levels of How many are there, with whom are they
professional training, regional focus and types of affiliated, what types of activities do they offer?
specialization of each. What are the political What are their goals? Are they growing or losing
conditions in the country? Are they pre-conflict, members? How do they appeal across political
post-conflict? What are the ethnic and political parties and generations? Which organizations
polarizations in the country? could serve as local partners for a sector
development program? To what extent would
Analysis of journalists’ conditions other organizations such as NGOs share interest
Security/health and safety, salaries, bonuses, in and promote the goals of such a program?
support for training
Gender issues
Inventory of training programs for journalists How are male and female journalists treated
Which universities have programs? What comparatively? Is there a difference in their
degrees are available in the country? Can the responsibilities, pay scales, benefits, support,
profession absorb the graduates? What are the advancement, and visibility? Are ethnic groups
costs, which types of students enroll, and how represented in the newsrooms?
many students finish the programs? What
percentage of the courses would be considered Investigative journalism
practical vs. theoretical. Are the programs How much is there and is it increasing or
politicized? What programs do other decreasing over time? Is it “personality-driven”?
international donors fund? How can the What are the obstacles to investigative
duplication of the work of other donors be journalism?

Ownership/concentration
l
This sector assessment tool was developed using Who/ what type of company owns the media,
the Center’s IQC mechanism. Under the IQC, World type of ownership, affiliations? Are regional or
Learning hired Noreene Janus and Rick Rockwell to industrial groups over-represented? How is
assess the Latin American Journalism Project carried
ownership changing over the years? Do workers
out by Florida International University. The
share in the ownership?
assessment tool was developed as part of the
methodology. It was substantially revised on
November 19, 1998 during a one-day workshop at What is the level of foreign penetration in the
American University. media? What countries of origin and which
media are targeted. What has been the method of owns the station and what is the status of its
penetration? How has foreign penetration financial health?
affected programming or editorial content? What
attitudes exist regarding foreign ownership of Rural media
media? Are international broadcasters carried on What types of media are available to rural
local stations? consumers? Are they increasing in number or
decreasing? How do they compare with urban
Who controls technology, the private sector, or media in terms of training of the journalists,
the government? salaries, advertising revenues, and equipment?

Censorship Media consumption patterns


What are the limits on media content and how What are patterns by media, by region, by
are they imposed? gender, by income, by language group, and by
age?
Ethics/Corruption
Do media professionals accept payment or gifts Media finance/advertising
in exchange for coverage? How do they compare How are the media financed? What percentage is
by medium, age, and time? funded by advertising and what part of
advertising is government-originated? How
Content analysis large is the national advertising pie and how is it
Compare media on the basis of balance, sources, allocated among media?
types of stories, the level of commercial content,
and use of sensationalism

Civil society
How many groups are there? What type of
coverage do they receive? How do they make
their goals and positions known? How do they
compare by type of group?

What are press attitudes toward NGOs and other


civil society groups?

Do senior managers welcome public-service


journalism?

What are government attitudes toward the press?


What international standards can be presented to
the government?

Alternative media
How many alternative media exist? Who funds
them? How do they market their media?

Radio
How many stations are there? For each one,
what is its format (music, sports, talk), and how
much news does it carry? With which
organizations is it affiliated (political or
religious)? What is its geographical reach? Who
APPENDIX C: Windhoek
7. Today, at least 17 journalists, editors, or
Declaration publishers are in African prisons, and 48 African
journalists were killed in the exercise of their
The Windhoek Declaration is a statement of principles drawn up profession between 1969 and 1990.
by journalists in Africa to preserve and extend the freedom of the
press. This 1991 UNESCO resolution on “promotion of press
freedom in the world,” had recognized that a free, pluralistic, and 8. The General Assembly of the United Nations
independent press was an essential component of any democratic should include in the agenda of its next session
society. World Press Day is commemorated each year on May 3rd,
the date the declaration was approved.
an item on the declaration of censorship as a
grave violation of human rights falling within
The 1991 Windhoek Declaration declares that the purview of the Commission on Human
Rights.
1. Consistent with Article 19 of the Universal
Declaration of Human Rights, the establishment, 9. African states should be encouraged to
maintenance, and fostering of an independent, provide constitutional guarantees of freedom of
pluralistic, and free press are essential to the the press and freedom of association.
development and maintenance of democracy in a
nation, and for economic development. 10. To encourage and consolidate the positive
changes taking place in Africa, and to counter
2. By an independent press, we mean a press the negative ones, the international community
independent from governmental, political, or ... should as a matter of priority direct funding
economic control, or from control of materials support towards the development an
and infrastructure essential for the production establishment of nongovernmental newspapers,
and dissemination of newspapers, magazines, magazines, and periodicals that reflect the
and periodicals. society as a whole and the different points of
view within the communities they serve.
3. By a pluralistic press, we mean the end of
monopolies of any kind and the existence of the 11. All funding should aim to encourage
greatest possible number of newspapers, pluralism as well as independence. As a
magazines, and periodicals reflecting the widest consequence, the public media should be funded
possible range of opinion within the community. only where authorities guarantee a constitutional
and effective freedom of information and
4. The welcome changes that an increasing expression, and the independence of the press.
number of African states are now undergoing
towards multiparty democracies provide the 12. To assist in the preservation of the freedoms
climate in which an independent and pluralistic enumerated above, the establishment of truly
press can emerge. independent, representative associations,
syndicates, or trade unions of journalists and
5. The worldwide trend towards democracy and associations of editors and publishers is a matter
freedom of information and expression is a of priority in all the countries of Africa where
fundamental contribution to the fulfillment of such bodies do not now exist.
human aspirations.
13. The national media and labor relations laws
6. In Africa today, despite the positive of African countries should be drafted in such a
developments in some countries, in many way as to ensure that such representative
countries journalists, editors, and publishers are associations can exist and fulfill their important
victims of repression...In some countries, one- tasks in defense of press freedom.
party states control the totality of information.
14. As a sign of good faith, African governments
that have jailed journalists for their professional
activities should free them immediately.
Journalists who have had to leave their countries
should be free to return to resume their
professional activities.

15. Cooperation between publishers within


Africa, and between publishers of the North and
South...should be supported.

16. As a matter of urgency, the United Nations,


and particularly the International Program for
the Development of Communication, should
initiate detailed research [in identified areas].

17. In view of the importance of radio and


television in the field of news and information,
the United Nations and UNESCO are invited to
recommend to the General Assembly and the
General Conference the convening of a similar
seminar of journalists and managers of radio and
television services in Africa, to explore the
possibility of applying similar concepts of
independence and pluralism to these media.

18. The international community should


contribute to the achievement and
implementation of the initiatives and projects set
out in the annex to this declaration.

19. This declaration should be presented to the


secretary-general of the United Nations General
Assembly, and by the director-general of
UNESCO to the General Conference of
UNESCO.
A STRATEGIC APPROACH FOR MEDIA SECTOR SUPPORT
FUNCTIONS BARRIERS/SECTORAL ACTIVITIES
WEAKNESSES

WATCHDOG A. LEGAL RESTRICTIONS A. SHAPING THE LEGAL ENABLING ENVIRONMENT


ƒ Government ƒ Limited freedom of ƒ Cross national media law advising
ƒ Civil Society information or ƒ Training and/or institutional support to establish independent regulatory bodies
ƒ Private Sector expression ƒ Training in international law and standards to which countries' media laws must comply
ƒ Licensing print ƒ Information dissemination regarding laws and implications these have for media freedoms (e.g. registration, print licensing, criminal penalties for
CIVIC EDUCATION journalists libel and slander)
ƒ Violations of ƒ Support for independent judiciary
NEWS ANALYSIS international human ƒ Support for media law curriculum at law schools
rights conventions ƒ Training for media lawyers
CHANGE AGENT ƒ Violations of national ƒ Information dissemination regarding laws and implications these have for health of business sector (i.e. the ability to disseminate information
constitutions relevant to make investment choices, track international markets, monitor government policies, etc.), and ability to attract investors to media sector
ƒ Training/support on drafting media laws, particularly governing use and role of media around elections
ƒ Institutional support to ensure even application of laws
ƒ Support for legal defense funds

B. LIMITED SECTORAL B. STRENGTHENING CONSTITUENCIES FOR REFORM


SUPPORT ƒ Capacity building support
ƒ Media law and policy ƒ Advocacy training
organizations ƒ Sustainable financing strategies
ƒ Media watchdogs ƒ Endowments
ƒ Research ƒ Networking (national, regional, international levels)
institutes/think tanks ƒ Outreach to readers (roundtables, opinion polls, audience share data)
ƒ Advocacy organizations ƒ Development of informal codes for professional conduct
ƒ Professional ƒ Press council development or other mechanisms for self-regulation
associations ƒ Awards programs to acknowledge excellence, discourage unethical behavior, and publicize contributions of press to society
ƒ Training ƒ Civic education to teach readers how to: evaluate news sources for credibility; analyze news; engage media outlets through letters to the editor and
institutes/universities other feedback mechanisms; use press to promote interests; check reports for bias; use information to lobby government, mobilize citizens and
ƒ Critical readers who encourage informed action and decisions
value news function
C. LIMITED PLURALISM C. REMOVING BARRIERS TO ACCESS
(internal and external) ƒ Reform regulation regarding entry to market
ƒ Government control ƒ Reform regulation regarding public service broadcast to reflect minority interest
(formal and informal) ƒ Level playing field for private, governmental, domestic, foreign media (registration, licensing, access to information)
ƒ Media ƒ Limit advertising revenues for government subsidized media
oligarchs/economic ƒ Reform commercial laws, particularly related to commercial lending and investment
elites ƒ Support alternative media, particularly minority interest and community broadcast
ƒ Commercial concerns ƒ Support production of news features, specials related to minority interest
dominate news ƒ Create incentives for regional media/community media
functions (reaching ƒ Strengthen skills in business management and technical areas (e.g. production)
"lowest common ƒ Provision of small grants and loans to media outlets to cover start-up expenditures, infrastructure development, technological improvements,
denominator") running costs, etc. which increase access to and ownership of production and distribution mechanisms
ƒ Newsroom and management training to sensitize management and staff to minority and gender concerns to ensure these receive adequate
coverage in mainstream press
ƒ Conduct workshops and training to learn how to locate subtle and overt discrimination and edit out of news stories
ƒ Encourage media interaction with civil society organizations concerned with minority and gender issues to influence agenda- setting process in
newsroom

VII. D. D. SUPPORTING CAPITALIZATION OF MEDIA


FINANCI ƒ
ƒ
Lobby for higher journalist salaries (labor unions)
Strengthen distribution mechanisms to increase subscriptions/sales revenues
AL ƒ
ƒ
Training in business and newsroom management to support the financing operations of media outlets
Financial and technical support to assist the development of non-governmental advertising, particularly in regional media
CONST ƒ Training and workshops to encourage and document success stories of the development of credible, non-sensationalistic outlets which have
achieved commercial success
RAINTS
ƒ Advertising revenues
lacking, especially in
rural areas
ƒ Limited start-up
capital/investors
ƒ Limited business skills

ƒ Limited
understandi
ng of
audience
share or
audience
preference
s
E. LIMITED TECHNICAL/
PROFESSIONAL
VIII. E. TRAINING
ƒ International fellowships/visitors program
CAPACITY
ƒ Regional seminars/workshops
ƒ Basic skills
ƒ Internships/practical experience
ƒ Ethics
ƒ Reform university curriculum
ƒ Investigative reports
ƒ On-site training (newsroom seminars)
ƒ Specialist reports
ƒ Textbook production/periodicals
(health, courts,
ƒ Video conferencing
economics,
ƒ Production of CD ROM/self-guided modules
environment, human
ƒ New technologies, particularly internet
rights)
ƒ Staff attachments
ƒ New technologies

You might also like