| Bulgaria: 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? | 81 |
| 8 | Can citizens freely use the Internet? | 100 |
| 9 | Are the media able to report on corruption? | 92 |
| 10 | Are the media credible sources of information? | 75 |
| 11 | Are journalists safe when investigating corruption? | 100 |
Indicator and sub-Indicator Details
| 5 | Are media and free speech protected? | |||||||
| 5a: In law, freedom of the media is guaranteed. | ||||||||
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Comments: References: Constitution of the Republic of Bulgaria, Art. 40, [ LINK ]
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| 5b: In law, freedom of speech is guaranteed. | ||||||||
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Comments: References: Constitution of the Republic of Bulgaria, Art. 39, [ LINK ]
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| 6 | Are citizens able to form print media entities? | |||||||
| 6a: In practice, the government does not create barriers to form a print media entity. | ||||||||
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Comments: There are no impediments imposed by the government on the establishment of print media. The only problem is the concentration of the advertising market in two of the major dailies, which are owned by the same owner. This is an anti-trust issue that has not been addressed by the government, but it in no way affects the freedom to establish print media entities. References: Capital Weekly, overview of the media market and ownership in Bulgaria, August 2007, www.capital.bg
Peer Review Comments: Concentration of the advertising market concerns not only the print media but also the electronic media. It is considered by the media experts in the country as one of the most serious problems affecting the variety of opinions covered by the mainstream media.
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| 6b: In law, where a print media license is necessary, there is an appeal mechanism if a license is denied or revoked. | ||||||||
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Comments: Appeal mechanism is not necessary, since there is no licensing procedure. References: Appeal mechanism is not necessary, since there is no licensing procedure.
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| 6c: In practice, where necessary, citizens can obtain a print media license within a reasonable time period. | ||||||||
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Comments: No licensing required. References: No licensing required
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| 6d: In practice, where necessary, citizens can obtain a print media license at a reasonable cost. | ||||||||
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Comments: No such fees. References: No such fees
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| 7 | 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. | ||||||||
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Comments: Radio and TV stations are regulated by an independent body: The Council for Electronic Media (CEM). CEM has the power to register, license and monitor activities of electronic media in the country. In addition to that, when applying to start a new air-based radio or TV channel, entities need an air frequency license, which is issued by the Communications Regulation Commission (CRC). Licenses are issued after a competition for available vacant frequencies is held. There have been regular accusations of the lack of impartiality on the part of the regulatory body. Certain political biases have also been alleged. During the reviewed period there have been no major scandals involving CEM. References: [ LINK ] Interview with Georgi Lozanov, published in Denvnik, July 19, [ LINK ]
Peer Review Comments: Over the last seven years, there have been problems with the licensing of some electronic media by CEM. In practice, during the whole period, the process of licensing has been blocked. In 2007, CEM attempted to start a competition for conventional broadcast television licenses. Soon after the announcement, the competition was canceled since digital broadcasting is to be introduced in the country in 2008, when a new competition will have to be announced. This move was interpreted by some media experts as an attempt to protect the interests of certain media and advertising conglomerates.
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| 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. | ||||||||
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Comments: The imposition of sanctions and the decision to revoke a license is to be appealed according to the provisions of the Administrative Penal Code (ZANN). Standard procedures exist for appealing to the courts in these cases. References: Radio and Television Act, 127(3, www.bnt.bg/content/download/908/5869/file/ZRT.pdf
Peer Review Comments: There is a general procedure for appeals granted by procedure laws.
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| 7c: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license within a reasonable time period. | ||||||||
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Comments: Licensing of public electronic media is required and might take more than two months. References: Licensing for the public electronic media is required and it might take more than two months.
Peer Review Comments: Over the last seven years, there have been problems with the licensing of some electronic media by CEM. In practice, during the whole period, the process of licensing has been blocked. In 2007, CEM attempted to start a competition for conventional broadcast television licenses. Soon after the announcement, the competition was canceled since digital broadcasting is to be introduced in the country in 2008, when a new competition will have to be announced. This move was interpreted by some media experts as an attempt to protect the interests of certain media and advertising conglomerates.
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| 7d: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license at a reasonable cost. | ||||||||
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Comments: Fees are not excessive by any standard. References: Fees are not excessive by any standard
Peer Review Comments: The fees are regulated by the Law on Radio and Television and by the tariff regulating the fees on radio and TV ([ LINK ]).
Peer Review Comments: Media licenses can be obtained at a reasonable cost. The major problem is that no broadcast licenses have been issued in the last seven years.
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| 8 | Can citizens freely use the Internet? | |||||||
| 8a: In practice, the government does not prevent citizens from accessing content published online. | ||||||||
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Comments: There is no controlling of Internet publications, apart from cases of child pornography. In certain cases the content of Islamic groups' Internet sites has been sited as evidence of their dangerous character. References: There is no controlling of Internet publications, apart from cases of child pornography. In certain cases the content of Islamic groups' Internet sites has been sited as evidence of their dangerous character.
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| 8b: In practice, the government does not censor citizens creating content online. | ||||||||
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Comments: There are no reports of any type of government censure of Internet content. Sometimes the content of the Internet sites of marginal Islamic organizations may be cited as a reason for closer monitoring by authorities. References: There are no reports of any type of government censure of Internet content. Sometimes the content of the Internet sites of marginal Islamic organizations may be cited as a reason for closer monitoring by authorities.
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| 9 | 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. | ||||||||
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Comments: References: Constitutional Court Decision 7/1996; Art. 10, ECHR
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| 9b: In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories. | ||||||||
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Comments: Journalists actively report on corruption cases. The problem is that they are more interested in the outbreak of scandals, rather than in their resolution. References: Studies and projects of Center for Liberal Strategies, Sofia
Peer Review Comments: There is still a problem in Bulgaria with the unclear media ownership which leads to certain practices of self-censorship. Some business groups or media owners have certain political or business affiliations that might have negative influences over the freedom of the media outlets they own. For example, in October 2006, a well-known journalist, Ivo Indjev, was fired by the private bTV (one of the two Bulgarian private TV channels with national coverage) under alleged pressure from the presidency after he asked a question about information sent to him anonymously by e-mail, accusing the president of acquiring an expensive flat with assistance from a businessman politically affiliated with his party.
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| 9c: In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories. | ||||||||
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Comments: References: Studies of Transparency International and the Center for Study of Democracy
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| 10 | Are the media credible sources of information? | |||||||
| 10a: In law, print media companies are required to disclose their ownership. | ||||||||
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Comments: References: No such regulation, although most publications reveal their owners.
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| 10b: In law, broadcast (radio and TV) media companies are required to disclose their ownership. | ||||||||
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Comments: References: Radio and Television Act, [ LINK ] Interview with Ognian Zlatev, Director, Media Development Center
Peer Review Comments: There are some legal requirements for disclosing the ownership of broadcast media, but the actual ownership of some media outlets in Bulgaria is still not clear. In practice, the disclosure process for broadcast media is easy to manipulate, and it is difficult for citizens to obtain reliable information.
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| 10c: In practice, journalists and editors adhere to strict, professional practices in their reporting. | ||||||||
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Comments: References: Annual reports of the Bulgarian Media Coalition Interview with Irina Nedeva, December 2007
Peer Review Comments: Some breaches of professional ethics occur, but most are related to the lack of professionalism of the journalists and their desire to "produce" news.
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| 10d: In practice, during the most recent election, political parties or independent candidates received fair media coverage. | ||||||||
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Comments: Media coverage of elections in Bulgaria is fair and comprehensive. The only matter of contention was the order of the press conferences of the political parties immediately after the local elections in October 2007. The government parties tried to delay the press conference of the new party GERB until late in the night. It was to be televised on national television. References: Nations in Transit 2007
Peer Review Comments: Small parties and most independent candidates normally are not given media attention. The media normally cover only three to four major parties. One of the big scandals during the local elections in October 2007 was the order of the political parties' press conferences immediately after the end of the vote. The government parties delayed until late in the night, after the press conference the new party GERB, which won the elections in Sofia and some major cities. This press conference was to be broadcast on National Television.
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| 10e: In practice, political parties and candidates have equitable access to state-owned media outlets. | ||||||||
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Comments: Apart from the mentioned exception, in the previous answer (regarding the ability of the GERB party to schedule their post-election press conference) there have been no serious problems regarding access to the media by politicians. References: Apart from the mentioned exception, in the previous answer (regarding the ability of the GERB party to schedule their post-election press conference) there have been no serious problems regarding access to the media by politicians.
Peer Review Comments: Normally, most of the smaller parties and independent candidates are not covered by state-owned media.
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| 11 | Are journalists safe when investigating corruption? | |||||||
| 11a: In practice, in the past year, no journalists investigating corruption have been imprisoned. | ||||||||
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Comments: References: No such reports.
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| 11b: In practice, in the past year, no journalists investigating corruption have been physically harmed. | ||||||||
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Comments: References: There are no reports.
Peer Review Comments: There were some rare cases of attacks on journalists, and the police did not discover and did not report the reasons for the attacks.
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| 11c: In practice, in the past year, no journalists investigating corruption have been killed. | ||||||||
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Comments: References: No reports of journalist killings.
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