ZAGREB, Jan 23 (Hina) - Laws on Croatian Radio-Television and telecommunications continue to enable unacceptable influence of the authorities on the national radio and television and private radio and television stations, the
Organisation for Security and Cooperation in Europe said in a report following an analysis of relevant Croatian legislation. "Analysis and Comments on the Law on the Croatian Radio-Television (2001) and the Law on Telecommunications (1999, as amended in 2001)" was compiled by a Polish expert, Ph. D. Karol Jakubowitz, chairman of the Standing Committee for Transfrontier Television of the Council of Europe. The 10-page document, dated 29 November 2001, was presented in Vienna and was recently handed to Croatian government representatives, according to Hina's sources. "The Law, adopted in February 2001, is a step forward but it crucially fails to detach HRT from the influence of the Government a
ZAGREB, Jan 23 (Hina) - Laws on Croatian Radio-Television and
telecommunications continue to enable unacceptable influence of
the authorities on the national radio and television and private
radio and television stations, the Organisation for Security and
Cooperation in Europe said in a report following an analysis of
relevant Croatian legislation.
"Analysis and Comments on the Law on the Croatian Radio-Television
(2001) and the Law on Telecommunications (1999, as amended in
2001)" was compiled by a Polish expert, Ph. D. Karol Jakubowitz,
chairman of the Standing Committee for Transfrontier Television of
the Council of Europe.
The 10-page document, dated 29 November 2001, was presented in
Vienna and was recently handed to Croatian government
representatives, according to Hina's sources.
"The Law, adopted in February 2001, is a step forward but it
crucially fails to detach HRT from the influence of the Government
and the Parliament," Jakubowitz says in the document, suggesting
the adoption of key amendments to the law.
He also suggests the adoption of a whole new law on
telecommunications given the inadequacies of the present law,
which preserves a system regulating the private sector under the
control of the government.
The document further reads that by ratifying the European
Convention for Transfrontier Television, Croatia is signalling its
willingness to accept European standards in broadcasting.
The analysis recommends that a number of key amendments to the laws
be adopted so as to provide HRT with the legal basis to move
successfully towards an independent public broadcasting service.
Although the general structure of the Law on the Croatian Radio-
Television appears to be correct, in many instances the advice of
international organisations was disregarded, reads the document.
"The institutional solutions applied in it create the possibility
of undue influence by public authorities and political forces upon
the operation of Croatian Radio-Television. When such a
possibility exists, it will be used, sooner or later," reads the
document, suggesting that the parliament adopt such a law which
would exclude the possibility of undesirable developments.
The analysis recommends the development of a separate broadcasting
law, "which would establish a full-fledged, independent
broadcasting regulatory body responsible for overseeing all
broadcasting stations, including HRT."
Enumerating a set of objections, the analysis warns that the
current supervisory and management structure gives real power
within HRT to political appointees of the parliamentary majority,
i.e. the government.
"All this is in direct contradiction to international standards, as
expressed for example by Recommendation No. R (96) 10 of the
Committee of Ministers of the Council of Europe on the guarantee of
the independence of public service broadcasting."
The analysis recommends redefining HRT Council into a true organ of
HRT, with requisite strategic decision-making powers, such as the
power to appoint the Board of Management and, in exceptional
circumstances, to dissolve it, as well as to approve the annual
financial plan and the annual programme plan and the Statute.
The term of office of HRT Council should be different from that of
Parliament, reads the document.
The Board of Management should be responsible only for running HRT
and for staff appointments, and be chaired by the Director.
An alternative solution, which, according to the analysis, is more
preferable, is for HRT to have just the Director, without a
collective Board of Management, as this would simplify daily
decision-making and management.
The document also recommends deleting a regulation stipulating
that the state is HRT's founder, because it gives the state an
unspecified "general role" in securing HRT's responsibility
towards the public.
The government should not have any influence on HRT's financing,
and decisions concerning privileges and exemptions as concerns the
licence fee should be taken by the Council for Radio and Television,
not the government, reads the document.
The OSCE does not raise any objections to the parliament's power to
appoint its own representative(s) to HRT Council as long as members
appointed by state bodies constitute a clear minority of its
members, and to give its consent to possible bankruptcy
proceedings.
The House of Representatives should not be given any possibility of
interfering directly into the work of HRT.
The analysis also includes substantial objections to the Law on
Telecommunications, primarily to the narrow definition of the
powers of the Council for Radio and Television.
The fact that the Council is appointed by the House of
Representatives upon the proposal of the Government and that
Council members may be dismissed at will and at any time is,
according to the document, in direct violation of Recommendation
REC (2000) 23 of the Committee of Ministers of the Council of Europe
on the independence and functions of regulatory authorities for the
broadcasting sector.
Therefore, the Council's composition and the manner of its
appointment should be changed, so that it should become a
pluralistic and truly independent body.
The Council's oversight powers should be extended to also include
HRT, and, in line with said Recommendation, the Council should be
given much wider powers, including the adoption of regulations, the
conclusion of contracts with radio and television broadcasters,
participation in the planning of the range of national frequencies
allocated to broadcasting services, consideration of complaints,
and the application of sanctions or the revocation of licences.
The general conclusion of the OSCE document is that although
prospects for early revision of the two laws appear slight, sooner
of later it will probably be necessary. At present, a great deal of
good will and willingness to cooperate on the part of all
participants in the process is required to implement the Law on
Croatian Radio-Television, reads the document.
(hina) sb rml