Press freedom is partly dependent on the rights of journalists and on the liberal approach from the state. Year 2003 has been characterized by attempts to extend government control over independent media, although there have been some improvements, such as some initiatives carried on by the Press Council, that have been brought to a more organized and cooperative level.

Unfortunately after the presidential elections in October, 04 and massive irregularities observed by international and local observers, and the crackdown on freedom of media has been experienced. Number of famous journalists have been imprisoned under the guise of political motivation of forcible actions at the rallies on October 15, 04. As an example, editor-in-chief of opposition newspaper Yeni Musavat was arrested on charges of "inciting public disorder".

Since then the opposition papers have been excluded from the state printing press. Meanwhile paper prices at the private press have doubled and paper supplies, controlled by a government monopoly, are under threat.

However the membership in the Council of Europe and other international commitments of the Azerbaijani government as well as critical responses of OSCE, CoE, HRW, other international organizations and some western governments and parliaments provide ever growing pressure to secure freedom of expression and journalist rights in the country.

As to the legal framework for media the major problem is a lack of consistency in implementation of already existing legal provisions rather than substantial revision of laws, although some improvements of legislation are also requested.

Defamation laws are used to intimidate and close down "disloyal" press. The courts, which are largely under the control of the authorities, have regularly levy excessive fines quite out of proportion of the offence. The accounts of the papers Cumhurriet, Yeni Musavat are currently frozen. It's particularly interesting to note, that the account of Azadliq newspaper is frozen following the loss of a defamation case brought against it by the pro-government broadcaster ANS. The experts currently stress upon the necessity of adoption of a new Law on Defamation, and Yeni Nasil Journalist Association is going to take up the law drafting in cooperation with CoE. The state secret law draft was already elaborated and its promotion is now in the agenda. Law on freedom of Information seems reasonable for adoption to clarify the responsibility of government structures to provide the access to important data of government policy and implementation progress. The draft of this law was recently given to the Parliamentary Committees.

Law on public television has evoked preliminary discussions since 2001. PPFA and Internews have presented their alternative projects. But authorities have created their own working group, which drafted the bill with numerous drawbacks. The law does not stipulate mechanism of creation of public television and its managing agencies and public television funding. However it didn't prevent the working group to propose the law draft to Azerbaijan's national parliament, the Milli Majlis, for review and comment in December.

Taking on board criticisms that earlier drafts had failed to guarantee the public broadcaster's independence from state control, the Milli Majlis rewrote portions of the current draft so as to downplay the role of the government. On January 9, 2004, after three readings, it approved the law and returned it to the president.

Important to note, that the bill was adopted without consideration of critical reviews of international structures, especially the Council of Europe.

Turning "the state television channel into a public channel managed by an independent administrative board" was among the conditions set for Azerbaijan's admission to the Council of Europe on January 25, 2001.

The main distinction between a state broadcaster and a public one is that while the former is beholden to the government, the latter is independent. Independence requires, obviously, that the government has no role in appointing the public broadcaster's staff and no direct control over its budget or programming.

Despite the parliament's efforts to improve it, the last version of the law did not guarantee independence and so did not meet the definition of a public broadcaster.

Azerbaijan's newly elected president, Ilham Aliyev, has vetoed the law and sent the draft law back to parliament. It is important to note, that the content of veto has been imposed "incorrectly." President hadn't determine positives /negatives of the law and why he doesn't agree with it.

Economic problems and pressure

Many of the problems of the media lie in their inability to make a profit and their subsequent dependence on political sponsors. Lack of economic liberties, strict regulations and bad practice of private business made a negative impact on survival of independent media. Formally independent electronic media is now under stricter supervision of the government, this has been proved evidently during election campaign, when almost all electronic media outlets devoted over 80 % of their broadcast time for government candidate advocacy. Continuing decline of advertisement market influenced commercial viability of a number of print media outlets. Economic problems increase vulnerability of media, and some business groups extend their control on a number of media outlets. Several newspapers still maintain previous extent of independence in services, but need substantial support to survive. Even if the pressure on the media is relieved, considerable progress still has to be made before Azerbaijan can claim a fully and independent media able to serve the interests of the public.

Media Solidarity and internal problems

Solidarity of media community is maintained, but economic problems and increasing political polarization in the evidence of presidential elections affected cooperation between newspapers. It is important now to support those who still preserve potential for cooperation and solidarity.

At the same time journalists need to improve their own performance. They lack skills, they lack independence, they lack decent pay and conditions. As a result, big number of non-professional print media depreciated image of journalist in society in some extent. Number of breaches of professional journalism principles increased. Necessity of self-regulation and application of international standards is pressing. The positive trend in this context is that media community is aware about such problems and strives towards removal of these negative phenomena. There 130 complaints had been submitted to the Press Council over last year's 9 month period, and the number of complaints reached 500 during 4 months of this year. So called "flourishing of journalist racketeering" is one of the most burning issues as well. One way out of this problem is a journalist ID cards processing. The Press Council emerged to address these weak points. Actually it is already finding a useful role as an intermediary between the authorities and the private media and disputes between different media. This progress is the result of a remarkable degree of co-operation within the journalists' community. That cooperation must be built and strengthened

Opposition Media

While all the broadcast media is either directly controlled by the authorities or their close supporters, the print media is split between pro-government and pro-opposition. Only one or two newspapers are able to make a serious claim to political neutrality. The poor economy, low circulation and lack of advertising revenue ensure that private media are unable to survive as independent business. Consequently, they are dependent on political sponsors. While the opposition press appears to be able to operate with relative freedom, a number of factors restrict their activities. Exclusion from the state-run distribution system prevents their circulation beyond the capital. There also number of newspapers being hidden by the state kiosks, of entire deliveries being returned unsold and of papers not receiving full payment for copies sold.

Regional media

Developing economic projects infer gradual development of regions of the country. Several years of civil society activation and community development implemented by a number of donors created better situation for independent media establishment in regions. Internews has been successfully developing Independent Journalism Center in Ganja to cover developments in Western region of the country. The US Embassy supported the establishment of regional newspaper "Mingechevir Ishiglari" in Mingechevir. The USAID awarded a grant to Internews for regional print media support, which resulted in the establishment of three newspapers: in Ganja, Masalli and Nakhchivan. OSI-AF jointly with Internews have supported establishing of regional "Genja Basar" weekly newspaper. The professional capacity building in regional media is now crucial.

The list of partner NGO-s and donor organizations had been provided in the last year strategy papers. As almost all those organization are still active, I provide the list of the others, which haven't been included into the previous strategy' list.

• Trade Union of the Azerbaijan Mass Media Employees. It's a professionally oriented, rather pro-government organization, that unifies journalists on a volunteer basis. Chairman of the organization Oqtay Salamzade holds his position since 1992.
• "Azad Soz" (Free Word) Journalists Union initiated approximately 4 years ago by Ganimat Zahidov, current editor-in-chief of the independent Azadliq newspaper. Its chairman is Parviz Cabrailov. The aim of the organization is to promote the freedom of speech and press by conducting seminars, printing bulletins, etc.
• International Press Center (IPS) is a relatively new organization headed by Djafar Djafarov, former employee of the Ministry of Youth and Sport. It's a pro-government structure close to Ali Hasanov (Presidential Apparat Official). IPS is experienced in conduction seminars for press-services.

Besides the professional journalist organizations, there is a number of NGO's closely involved in media development in Azerbaijan. Here is a list of recently set organizations, that are also experiencing civic activities and grant implementation.

• Journalists Without Boarders (JWB). Director Sevil Yusifova. The goals of this organization is similar to those carried on by the Reporters sans frontieres. They face the problems with registration at the Ministry of Justice. JWB is currently negotiating the issue of official representation of the Reporters sans frontieres in Azerbaijan.
• Media and Civic Society Institute (MCSI) was established in 2003, and headed by Khanoglan Akhmedov. This organization is currently working over Social protection program for journalists, and keeps contacts with parliament members on labor and social issues, processes legislation on social protection. They are undergoing litigation against the Ministry of Justice due to problems of official registration.
• Freedom of Speech Protection Fund (FSPF) has been established in 2004. It's founded by Musa Yagub, former parliament member and poet. This organization is rather independent, and its main area of activity is the freedom of speech protection. It prepares and issues "Azad Fikr" (Free Mind) bulletin. Web-site address: www.azfreespeech.org.
• OSCE mission in Azerbaijan. They also consider media as one of the directions of their supportive activity. The contact person is Lutz Leihtfuss, Democratization officer.
• Internews. An international media supporting organization, fostering the establishment of free media market and interregional exchange of information and cooperation. They mainly focus on the electronic media support and journalists solidarity and professionalism. The USAID selected Internews as a major partner in their media freedom program. OSI-AF is partnering Internews in regional print media support. Media Rights Institute established under Internews by the USAID support conducts journalist training especially on legal education and provides legislation expertise. The Institute seems to be a good partner for initiatives of further legislation improvement.
• Eurasia Foundation - As the USAID concentrated their media freedom support in the partnership with Internews, Eurasia diminished their interest to media issues for the next year. However the last consultation with local and regional administration of the Foundation revealed the EF interest to contribute to developing skills of investigatory journalism from the perspectives of the EF program on supporting SME and healthy business environment. This is quite compatible with the goals of both OSI-AF media program and the program of transparency of public finances

The activity of Media program in 2004 started along the following lines.

1. Independent Media Support:
   • Press Council established in 2003. On the grant awarded from OSI-AF, Press Council is to provide the Press materials monitoring, receive and consider complaints from the journalists, create web-site and issue the press bulletin.
2. Training and Education:
   • Center for Democratic Reforms just was awarded a grant on "Slander and abuse in Mass Media". This Center will study the defamation problems occur in Azeri Mass Media; work on legal education of the journalists.
3. Legal reform and education for journalists:
   • Media Rights Institute and Legal Education Society project received funding of the 50% of project budget from national foundation budget as follows: $5000 from the Law program and $5000 from Mass Media program. The project aim is to study the gaps occur in Mass Media Law and compile the proposals on settlement of the issue.

One of the bright achievements of Mass Media program in 2003, was the presidential elections activity in Azerbaijan. Thus, Yeni Nesil journalists Union has conducted monitoring and prepared a full report on presidential elections. They have also issued a regular press bulletins and prepared brochure on rights and obligations of journalists in electoral process. Outreach seminars for the district election committee members should be particularly outlined here.

Another positive results have been reflected by the activity of the journalists protection committee "RUH", that conducted operative monitoring of journalists rights violation, prepared information bulletins calling for actions and as a result, many cases became widely known and processed by the NGO's, foreign embassies and other organizations.

"Free Person" society has got support from OSI-AF in working out the state secret law alternative draft, that was submitted to the Azeri Parliament. Currently it's under discussion by the members of Parliament.

Meanwhile, we have to stress that the experience of sending group of Azeri journalists to Saint-Petersburg trainings did not bring fruitful results. Though it can be explained by the excessive polarization of Azeri Mass Media on the eve of presidential elections. It could be considered as a part of problems, that Azeri electronic Mass Media underwent prior to elections.

2005 Priority directions and budget of the OSI-AF Mass Media program:

• Media Consortium support $ 20,000
• Watch Dogging the Press (ethics/professionalism) $20,000
• Trainings on Mass Media $ 20,000
• Journalist's Rights Legal Protection $20,000
• Public TV program support $20,000
• Press Council $20,000
• Sub-Regional Mass Media support $ 15,000

1. Media Consortium

   OSI-AF hopes to support more openness to media through our partner journalist organizations. We hope to support joint newspaper actions through the media consortium building. It would help to solve variety of Mass Media problems, such as printing service operations, distribution of newspapers, etc. Promotion of an access to information from the government bodies could be one of the fields of activities.

2. Watch Dogging the press

   It is important now to support those who preserve potential for cooperation and solidarity. At the same time journalists need to improve their own performance. They lack skills, they lack independence, they lack decent pay and conditions. As a result, big number of non-professional print media depreciated image of journalist in society in some extent. Number of breaches of professional journalism principles increased. Necessity of self-regulation and application of international standards is pressing.

3. Trainings

   Trainings will be addressed to the mass media entities, to assist in building their self-management policy, that is suppose to strengthen the area of internal management regulations, archiving and accounting procedures for further strengthening their survival capacity. The US government experts, who provide consultations to Azerbaijani government bodies in the country are interested to devote their time and experience for civil society and journalist community.

   The other trainings could be oriented to the groups of specialized journalists writing in:

   • economic investigations,
   • freedom of religion and Islam,
   • Mass Media role in building civil society

4. Journalist's Rights Legal Protection

   Demand for journalist rights monitoring and protection is increased after October 2003 presidential elections. Defense Fund for Journalists and Freedom of Speech has been established by the initiative of Yeni Nesil, Baku Press Club, RUH, JUHI with the OSI-AF support. It's been particularly active (by making protocols, preparing reports and receiving operative complaints) after the 2003 Presidential Elections in Azerbaijan. The Defense Fund helped the journalists, suffered during October 16 rally disorders by providing their treatment at the hospitals, rendered assistance to arrested journalists and legal support for the journalists whose rights were limited by the local governments in the regions of Azerbaijan. There some broader regional cooperation of journalists could be of assistance in protection of their rights.

   • OSI-AF will continue to assist in providing legal defense for journalists
   • Links with the international NGO community, campaigns and observation missions - OSI-AF shall rely on Network Media Program to work with respectable international organizations with the intention to increase and broaden their presence in Azerbaijan (Media Diverse Institute, NED, Article 19, IFJ, Reporters sans frontieres / Reporters Without Borders).

5. Public TV

   It is expected that the Public TV is to start in autumn 2004. One of the supporting pads for its independence is considered the content of programs to be supported by OSI-AF. This programs would promote freedom of speech and information, and increase the level of professional approach to the broadcasting media.

6. Press Council

   One of the tasks of a Press Council, which has been established in 2003, is to develop better practices of media self-governance. OSI-AF considers that Press Council should increase their role in monitoring and the implementation of media legislation and delivering of government commitment of freedom of expression as well as application of good ethical standards in media community. OSCE and CoE are interested in developing the Press Council capacity. OSI-AF will contribute by supporting in:

   • Media materials monitoring
   • Acceptance and practical consideration of the complaints from the media entities and journalists
   • Educing the media society about the new regulations and legislations on Media
   • Supporting law improvement and awareness through translation and discussion of corresponding legal regulations related to media self-governance in European countries
   • Initiatives in promotion and application of journalist ethics code in the activity of Press Council.

7. Sub-Regional Media

   Mass Media program plans to continue its support to sub-regional media as the news from the regions of Azerbaijan are missing in media market, which is one of the reasons of the gap between capital and the regions of the country. Such initiative should be considered in compliance with monitoring of economic development projects, the pipeline project, and regional NGO support program based in OSI-AF Genja Office. Coverage of these developments would help to develop regional journalist professionalism, awareness about civil society role and democratization. In these activities our goals coincide with that of Internews activities as the implementer of the program. Other journalism investigation projects of economic background are to be developed in cooperation with OSI-AF TORPF program.