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Standing in front such an august body of media profession and journalists only goes to underline the feelings of inadequacy that I have, and of which I am constantly being reminded in regard to my formal education in media matters. As an ex. military man, I am forever being reminded by the local press of how under qualified I am for the job that I do. They are absolutely right, I am a complete fraud. However, to be a successful fraud you need to ensure that you listen to the genuine experts and professionals and heed what they say. Hence the importance of this conference, others like it and the process of wide consultation with both local media community and those in the international arena who can advise on best International practice I am thus glad to see such a distinguished representation of both local and international professional at this important conference. I have been asked to give you a brief run down of the media landscape in BiH from the perspective of OHR and comment on how we see the way forward in the content of the forthcoming Peace Implementation Conference in Madrid. First of all I think that we have achieved a significant amount vis a vis the media in the period since the Dayton Agreement was signed. Particularly as there was no media annex to that agreement which, I think we can all agree, was a clear mistake. Bosnia and Herzegovina is now an island of media freedom in a sea of continued media repression and political control. Particularly when we consider what has recently been happening in the FRY and the continued mono-political nature of the electronic media in Croatia. At the Bonn conference we spelt out a 3 prong media strategy for 1998 which envisaged firstly the: Intervention in and Regulation of the electronic media. - The main strands being the removal of political control from the public service sector, - the adoption of Western European Standards of Public Service broadcasting, - the introduction of a transparent system of media regulation in line with best European practice though the establishment of an Independent Media commission (IMC) and the adoption of European standards of public service broadcasting. The second pillar concerned the provision of alternative media and the reinforcement of the independent sector. This included a specific strategy for embedding the OBN as a serious and respected information outlet for the whole country. As well as support for independent radio projects and local newspapers. The final pillar was a transparent Public Information campaign designed to promote reconciliation and provide information on the key issues of the Peace. This campaign featured the Razmislite little boy ads and the Top Lista Nadrealista information programs. What-ever, the reaction of some members of the chattering classes in Sarajevo this campaign was warmly and enthusiastically received by the general population in both entities. Two independent surveys were commission which gave over 80% approval ratings in the Federation and 70% in the RS. The objectives of this strategy have been ostensibly achieved:
With the support of the OSCE and the Media Experts Commission in particular, as well as the cooperation and support of the local journalistic community, all this contributed to perhaps the most, in media terms at least, free and fair elections in the Post Dayton Bosnia and Herzegovina to date. However, there is much more to do yet. Public and Commercial broadcasting remains very fragile because of their respective parlous financial situations. The same applies for much of the respectable written press whose distribution barely covers their production costs. It is thus that we intend next year to move away from the principle of international direct intervention, where possible, and encourage the principles of self enfranchisement and regulation, sustainability and economic viability and the establishment of the legal framework which will underwrite these principles and encourage a stable and viable media market. Three of the principal themes of Madrid will be encouragement of economic growth - the reinforcement of the rule of law - and the encouragement of closer ties with Europe. How do these notions effect the media. Firstly it is now unnecessary, I think, to stress the political importance of a free and open media to a stable democracy. The essential fourth estate. It is now a given. However, I would just like to emphasise one point which underlines how the media in the region continues to be instrumentalised. We only need to see what is happening in the FRY in terms of media repression to see that Bosnia and Herzegovina is a light in darkness as far as media freedom is concerned. The Council of Europe sets various criteria for membership, principal among these is an open and free media - organised and regulated in accordance with Western European practice and values. But as far as the subject of this conference is concerned the freedoms so far acheived in BiH can still only be regarded as fragile without the legal framework, Judicial system, and self regulatory mechanisms necessary to under pin them. The media is also a vital engine for modern economy. Product placement, marketing, economic and financial information to business and the public is a vital role of the media. But the media is also a business in itself. Indeed one of the fastest growing business in the world and it is an essential part of the economic landscape. However, again it needs the legal framework to be able to operate in a stable and fair environment. Business cannot operate in this arena when advertisers for instance, cannot expect exclusivity of their position against popular programming. Why should MTV make arrangements with a legitimate broadcaster when their programs are broadcast illegally all across the region. Similarly haw can BiH broadcasters get advertising when HRT and RTS already cover most of the country and thus advertisers get BiH for free. Let me use football as an analogy. For a fair free and enjoyable game of football to be played there needs to be certain agreed conditions. Firstly the playing field needs to be clearly marked out and play cannot take place off the pitch.. Secondly there are a set of agreed rules adjudicated by a referee who hhas the ability to use a yellow or red card. Thirdly and finally the best team will be the team that has the most talent, the best training and the best management. Football with out this regulation would be chaos.
We have already heard that in some ways there is already too much TV and Radio in BiH - legal regulation will mean less as not all will be able to fulfill the requirements of legal operation, piracy and copyright for example. .... the market will also force out these who cannot operate within it for example those who cannot raise advertising revenues as their program is not watchable.. So a word about the need for a regulatory and legal framework. Firstly there should be no need for me to talk about the IMC - and it's background. It is essentially here for three things.
Secondly - This should be done in full consultation with the profession and principally with the indigenous professionals themselves.
But we should also be careful not to create a culture which is over legislated. Too much law is also a bad thing. I cannot stress enough the need to encourage the principle of self regulation through the profession. So in the first area. Upholding media freedoms. We would wish to see - Freedom of Information legislation. Broadcasting and Media Law which ensures the separation of political parties from unfair influence or control over media outlets and that ensures financial transparency. In the second area there are a number of key issues which need to be addressed. Licensing of broadcasters - this is underway. Copyright and anti piracy law - laws on foreign and cross ownership and investment. In the third area we are talking about co-ordination of the overall reform of the judicial system so that journalists and media professional have the protection of the courts and a professional police force. The development of labour and employment legislation is also vital to give employment stability - and security and to prevent exploitation - and in the final category there needs to be clarification and reform of the laws on slander and libel. Also as part of this theme of self sustainment we need to consider the questions of professional standards and ethics and associated training. We in the OHR next year will be moving away from the institutional and interventionist approach of this year. The institutions have been created and the restructuring is taking place. We will be now looking carefully at how to support serious training initiatives and principally those driven locally by local instructors and teachers. We all know about the missing wedge of journalists who have either left the country or who failed to complete their formal training and whose experience has come from reporting the war for the communities they came from. Sometimes, we internationals fail to understand that many of the things which we find unbalanced are the result of the lack of training and experience amongst many of the journalists involved. It is incumbent on you, the professional journalists of this country, to help those whose experience and training is more limited. We will try to help you in this endevour. Crucial to this process will the establishment of a locally agreed press code which lays down codes of journalistic ethics and professional standards. This according to best western practice should be done by the profession and regulated by the profession through some sort of press council. This conference will hopefully take this process on during the work shops. Finally a brief word about the written press. Much of what I have described in the legislative process will be the basis of strong support for the free press. Particularly in the protection of investigative journalism. Nevertheless, the news paper market in BiH is very specific. Given the population there is a comparatively small readership. - I don't think that any paper draws more than about 30,000 in distribution. There is also no truth in any of the early rumours, Journalists and news papers are not up for licensing. They should not and will not. There is an international tradition of regulation of the electronic media - but the reverse is truth for the written press. Which should be largely protected through professional standards and ethnics regulated by the profession through their own code and council, and the protection of journalists though an independent judiciary enforcing democratic civil and criminal law. Thank you.
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