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2007 Assessment

Azerbaijan: Integrity Indicators Scorecard

Azerbaijan: Integrity Scorecard Report > Sub-Category: Media
Indicators		Score
5	Are media and free speech protected?	100
6	Are citizens able to form print media entities?	100
7	Are citizens able to form broadcast (radio and TV) media entities?	38
8	Can citizens freely use the Internet?	100
9	Are the media able to report on corruption?	75
10	Are the media credible sources of information?	65
11	Are journalists safe when investigating corruption?	33

Indicator and sub-Indicator Details

Are media and free speech protected?

5a: In law, freedom of the media is guaranteed.

Score:

YES

Comments: The Constitution of Azerbaijan Republic is the main guarantee of free speech. The second part of 50th article of the Constitution mentions that all mass media organizations are free; no state censure can be established for mass media, and the state supports freedom of speech. Besides that, according to the law on Mass Media, all mass media organizations (including print and electronic media) are free (article number 1). Accoding to the law on TV and Radio Broadcasting, TV and radio channels are free and no censure can be applied.

References: Reference: The Constitution of Azerbaijan Republic.

5b: In law, freedom of speech is guaranteed.

Score:

YES

Comments: The second part of 50th article of the Constitution indicates that all citizens are free to get information and distribute it by legal ways, and the state is the guarantee for the freedom of speech.

References: Reference: The Constitution of Azerbaijan Republic

Are citizens able to form print media entities?

6a: In practice, the government does not create barriers to form a print media entity.

Score:

100

Comments: In the last five yeas, all barriers to forming print media have been removed. Amendments were made to the law on Mass Media on April 30, 2002, and after that, no permission has been needed to form print media. However, information is required to be submitted to the Ministry of Justice.

References: Interview with Dunya Sakit, editor-in-chief, "Expert Journal" (August 2007).

Peer Review Comments: Unlike in the past, the government does not create barriers to establishing print media entities. However, newspapers are often subject to lawsuits and financial penalties, which jeopardize their activities. Now, there is a great need to develop journalists professional ethics and responsibility.

6b: In law, where a print media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments: No license is needed to form print media. Therefore, no appeal mechanism is necessary.

References: Reference: The law on Mass Media of Azerbaijan Republic.

6c: In practice, where necessary, citizens can obtain a print media license within a reasonable time period.

Score:

100

Comments: Seven days is required to get permission.

References: Interview with Dunya Sakit, editor-in-chief, "Expert Journal" (August 2007).

Peer Review Comments: Sometimes it takes more than two weeks to get permission.

6d: In practice, where necessary, citizens can obtain a print media license at a reasonable cost.

Score:

100

Comments: No fee is required.

References: Interview with Dunya Sakit, editor-in-chief, "Expert Journal" (August 2007).

Peer Review Comments: No state fee is required to establish a newspaper.

Are citizens able to form broadcast (radio and TV) media entities?

7a: In practice, the government does not create barriers to form a broadcast (radio and TV) media entity.

Score:

100

Comments: In practice, the government does not allow the formation of TV and radio. For instance, ANS TV, the first and most famous private TV channel, was rejected licenses from 2003 to 2007. License applications for that TV company were not considered that period. There are almost no independent TV channels in Azerbaijan, despite the fact that some channels are called "independent." The main argument of the government to prevent citizens from forming TV and radio channels is that there is no more space to broadcast new channels. The government has a monopoly position in forming TV and radio channels.

References: Reference: Azadlig Newspaper Articles from February 2006 to August 2006. www.azadliq.az

Peer Review Comments: The same ANS TV operated all that period except for Nov. 24-Dec. 12, 2006. There is much debate whether the other TV and radio companies belong to government officials or not, and if they do, to whom exactly they belong, but these companies are officially independent. Even the president of the ANS Group of Companies several times declared the great assistance and help they have received from the president of the Republic of Azerbaijan.

Peer Review Comments: Creation of TV and radio channels is under government control.

According to the law, the National Radio and Television Council is an institution which issues licenses to private channels. The granting of TV and radio licenses is determined by political decisions rather than legal or registration matters.

7b: In law, where a broadcast (radio and TV) media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments: There is an appeal mechanism if the license is denied. However, since the court system is totally controlled by the government, the appeal procedure is a formality. There is no case of the court supporting citizens' rights who want to form a new TV or radio channel.

References: Reference: Law on TV and Rado Broadcasting of Azerbaijan Republic.

Peer Review Comments: I agree completely. It depends on the government's will.

Peer Review Comments: According to the Article 18.5 of the law on TV and radio broadcasting, rejections of license applications must be in writing, and must indicate the reason or reasons for rejection.

According to the civil procedure, the person or entity refused a license can appeal to the court within 30 days of receiving the refusal letter. However, as I mentioned in my response to question 7a, the denial for the registration is a political decision rather than a legal one.

7c: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license within a reasonable time period.

Score:

100

Comments: According to the law on TV and Radio Broadcasting, (article number 14/23) 75 days are required to get a license to form a TV or radio channel. Within 60 days, government bodies make a decision whether or not to give the license, and the decision is submitted to the applicant within 15 days. But, in practice, it does not work.

References: Reference: Law on TV and Rado Broadcasting of Azerbaijan Republic. Interview with Rovshen Haciyev, deputy editor-in-chief, Azadlig Newspaper (August 2007).

Peer Review Comments: Still there are many companies that start functioning both on national and regional/district levels.

Peer Review Comments: It is illegal to establish an internet tv or radio station in Azerbaijan without a license. One month ago I sent a request to the National Council for Television and Radio asking how I can establish an internet radio or tv station in the country. I received an official letter signed by N. Maharramli, the director of the National Council for Television and Radio, saying that I need to get license for that.

7d: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license at a reasonable cost.

Score:

100

Comments: According to the President Act on License for specific sectors, approved Dec. 29, 2005, and amendments to this act made on June 29, 2006, 11,000 AZN (US $12,500) is needed to get a license to form a TV or radio channel. This amount is 200 times higher than the minimum wage, and 60 times higher than the average salary in Azerbaijan.

References: Reference: President Act on License for specific sectors. Interview with Rovshen Haciyev, deputy editor-in-chief, Azadlig newspaper (August 2007).

Peer Review Comments: It is a normal price in comparison with other economies in transition. For example, in the Russian Federation, a broadcast license at the regional level costs anywhere from US$2,000 to US$20,000. In Azerbaijan this amount is for a national level broadcast license. The average monthly salary is not a base for comparison with the cost of a license fee. It would be more appropriate to compare the cost with ad prices, of which several minutes basically cover the license fee.

Peer Review Comments: The cost -- 11,000 AZN (approximately US$12500) -- is not a major financial burden to the organization seeking to obtain the license. As long as you get approval form the government, there is a green light to launch a TV channel, and money is not a barrier.

Can citizens freely use the Internet?

8a: In practice, the government does not prevent citizens from accessing content published online.

Score:

100

Comments: Everybody is free to use the Internet, according to the law on Telecommunication approved on June, 14, 2005 (article number 43).

References: Reference: Law on Telecommunication of Azerbaijan Republic. Interview with Rafig Mammadli, director of Mammadli Research Center (July 2007). Reports of State Statistic Committee (August 2007).

8b: In practice, the government does not censor citizens creating content online.

Score:

100

Comments: There is not any censor for citizens creating content online.

Peer Review Comments: Sometimes real problems occur. For example, Bakhtiyar Hajiyev has been sentenced to 12 days in prison for publishing a Web site complaining about the rise of gas, electricity and transportation prices on Jan. 15, 2007.

Quote from the online newspaper today.az : "Bahtiyar Hajiev was sentenced by the Narimanov District Court on Sunday, four days after his Web site [ LINK ] was blocked by Azerbaijani computer servers, said Emin Huseinov, an activist with an opposition youth movement.

The site, whose title translates as 'we won't be silent,' says it is collecting signatures from Azerbaijanis in protest at a Cabinet decision made last Monday that sharply raised prices for a range of goods and commodities in Azerbaijan.

The price hikes will have a 'very negative impact on broad layers of the population' and 'undermine public trust in the government and its social policies,' said a statement posted on Hajiev's Web site.

Hajiev said he was convicted for not following police orders, but 'in reality, he was arrested because of the harsh criticism of higher prices in the country, directly calling citizens to activism.' Court officials declined to comment on the case."

Link: [ LINK ]

Are the media able to report on corruption?

9a: In law, it is legal to report accurate news even if it damages the reputation of a public figure.

Score:

YES

Comments: If the information is accurate and can be confirmed, the law does not prohibit to report it, even if it can damage the reputations of public figures.

References: Reference: Law on Mass Media of Azerbaijan Republic.

Peer Review Comments: There is no legal restriction limiting reporting the truth about public figures.

However, many criminal suits against journalists were brought based on the provisions of Article 147 (Blackmail) and 148 (Insult) of the Criminal Code of the Republic of Azerbaijan.

9b: In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories.

Score:

100

Comments: There is such a censorship, but it is not written. Some media owners use such a censorship to aviod future problems. For example, the most well-known independent newspaper, "Gundelik Azerbaijan," has started using such a censorship after two of the newspaper's journalists were harmed.

References: Reference: Interview with Rovshen Haciyev, deputy editor-in-chief of Azadlig newspaper (August 2007).

Peer Review Comments: That's true, but there are also many articles that are not based on hard facts.

Peer Review Comments: Pro-opposition newspapers publish corruption related stories without any hesitation. But there is a high level of self-censorship in TV and radio stations, because all of them are pro-government.

Peer Review Comments: The Media Council and prominent journals call for self-censorship on corruption-related stories. However some newspapers blackmail businessmen or government officials in order to get some money/benefit, or became a tool of political interests.

Obviously, in many cases, self-censorship also depends on the personality and professionalism of the chief-editor of the newspaper.

9c: In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories.

Score:

100

Comments: There is no practice to apply open censorship in Azerbaijan, however, the pressure of the government can be characterized as informal censorship.

References: Interview with Rovshen Haciyev, deputy editor-in-chief of Azadlig newspaper (August, 2007).

Peer Review Comments: It's really hard to prove corruption related info regarding any govenment bodies in court. So, when newspapers publish stories on corruption involving government officials, then those persons raise claims in courts against the respective media outlets. So, there is informal "court censorship" in Azerbaijan right now.

Are the media credible sources of information?

10a: In law, print media companies are required to disclose their ownership.

Score:

YES

Comments: According to the Law on Mass Media, print media ownership must be disclosed publicly. In practice, however, it is difficult to determine who is the actual owner.

References: Reference: Law on Mass Media of Azerbaijan Republic.

10b: In law, broadcast (radio and TV) media companies are required to disclose their ownership.

Score:

YES

Comments: The Law on Mass Media of Azerbaijan Republic requires that broadcast media companies disclose ownership. However, it is difficult to determine the actual owners of some TV and radio channels.

References: Reference: Law on Mass Media of Azerbaijan Republic.

10c: In practice, journalists and editors adhere to strict, professional practices in their reporting.

Score:

100

Comments: Professionalism is one of the main problems in the Azerbaijan mass media. Both government and opposition journalists (many, but not all) are not trying to report accurate information; they try to criticize opponents. There is no almost independent media in Azerbaijan.

References: Reference: Interview with Rovshen Agayev, NGO activist.

Peer Review Comments: There are few media outlets in Azerbaijan that try to be balanced. Most journalists who work for either pro-opposition newspapers or pro-government media outlets try to promote and defend the opinions of that respective side.

10d: In practice, during the most recent election, political parties or independent candidates received fair media coverage.

Score:

100

Comments: TV and radio was under government control during the recent elections. Therefore, political parties and independent candidates did not receive fair media coverage.

References: Reference: Interview with Rovshen Haciyev, deputy editor-in-chief of Azadlig newspaper (August 2007).

Peer Review Comments: It was not ideal, but it distributed air time among candidates to Parliament in a rather fair way. Also, it was one of the objectives for setting up the public TV station, ITV.

Peer Review Comments: Opposition media was under the control of opposition parties and all TV and radio companies (excluding ANS TV and radio) and pro-government media outlets were under the strict control of governmental bodies, so the coverage on both sides was not fair.

Peer Review Comments: It appears that the social scientist is neither responding to the indicator, nor to the scoring criteria.

There are legal and technical problems to receiving fair media coverage under the Azerbaijani election system.

However, political parties and independent candidates received relatively fair media coverage in the last (2005) parliamentary elections.

10e: In practice, political parties and candidates have equitable access to state-owned media outlets.

Score:

100

Comments: In practice this rarely happens in Azerbaijan.

References: Reference: Interviews with main political parties, such as Musavat and Azerbaijan People's Front Party.

Peer Review Comments: Ruling party members received additional access through various TV and radio programs.

Are journalists safe when investigating corruption?

11a: In practice, in the past year, no journalists investigating corruption have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no journalists imprisoned related to work covering corruption during the study period. A YES score is positive. NO: A NO score is earned if any journalist was jailed because of his/her work covering corruption during the study period. The causal relationship between the official charges and the journalist\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the journalist was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: Seven journalists were imprisoned last year. Three of them (Eynulla Fatullayev, the editor of Realniy Azerbaijan and Gundelik Azerbaijan; Rovshen Kebirli, the editor of Muxalifet newspaper; and Yashar Agazade, the correspondent of Muxalifet newspaper) were famous corruption investigators in Azerbaijan.

References: www.mediaforum.az

Peer Review Comments: In some cases they were imprisoned because they attacked particular government officials.

11b: In practice, in the past year, no journalists investigating corruption have been physically harmed.

Score:

YES

Comments: Fikret Huseynli, the correspondent of Azadlig newspaper, was physically harmed last year. He was investigating internal corruption facts in the government.

References: www.azadliq.az

Peer Review Comments: There is also the case of Baheddin Haziyev, editor-in-chief of the independent Bizim Yol newspaper, who was kidnapped on May 18, 2007, when he was driving home from work. According to reports, five men in two cars made him stop his car and took him to a deserted lake and beat him and threatened him on the way. Upon leaving, they ran over his legs with their car.

Haziyev believes the attack was connected to his journalism coverage. During the attack, the assailants told him that if he did not stop criticizing government officials in his articles, they would attack his family. He was one of the journalists who wrote corruption related stories.

11c: In practice, in the past year, no journalists investigating corruption have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of journalists being killed because of their work covering corruption-related issues during the study period. A YES score is positive. NO: A NO score is earned if there were any documented cases where a journalist was killed in relation to his or her work covering corruption-related issues in the study period. The relationship between a mysterious death and an individual\'s work may not be clear, however the burden of proof here is low. If it is a reasonable guess that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: No journalist was killed last year.

References: Reference: Interview with Rovshen Haciyev, deputy editor-in-chief of Azadlig newspaper (August 2007).