Afghanistan: NF 21-28-20=69
The environment for Afghanistan's fledgling media worsened slightly in 2005 as journalists faced an increase in attacks and legal harassment during the year. Article 34 of
the new constitution, passed in January 2004, provides for freedom of the press and of
expression. The May 2004 press law guarantees the right of citizens to obtain information
and prohibits censorship. However, it retains broad restrictions on content that is
"contrary to the principles of Islam or offensive to other religions and sects" and "matters
leading to dishonoring and defaming individuals." The legislation also establishes a
government-appointed commission with the power to decide if journalists who contravene the law should face court prosecutions or fines. Critics of the law have alleged
that its prohibition of "anti-Islamic" writings is overly vague and has led to considerable
confusion within the journalistic community on what constitutes permissible content.
Media diversity and freedom is markedly higher in Kabul, and some warlords
display limited tolerance for independent media in the areas under their control. A
number of journalists were threatened or harassed by government ministers, politicians,
and others in positions of power as a result of their reporting. In one of several cases, two
reporters working for Radio Free Europe/Radio Liberty were arrested in July by intelligence services in Konar province and were detained for a week without charge.
Many practice self-censorship or avoid writing about sensitive issues such as Islam,
national unity, or crimes committed by specific warlords. In a high-profile case that was
criticized extensively by both local and western groups, Ali Mohaqiq Nasab, editor of the
monthly women's rights magazine Haqooq-i-Zan, was ordered arrested by the high court
for publishing articles deemed to be "anti-Islamic." Despite the fact that the government-appointed
Media Commission cleared him of blasphemy charges, he was sentenced by the high court to two years' imprisonment in October and also faced the threat of a court-issued
fatwa that could have increased his sentence. Nasab was released in December, but
the case is considered to have had a chilling effect on press freedom, with an accompanying rise in self-censorship. Religious conservatives also targeted the
progressive Tolo TV, which had been criticized by clerics for airing programs that
"oppose Islam and national values." In May, a popular female television presenter who
had worked at Tolo was murdered, possibly by family members who did not approve of.her job, and other program hosts received threats or were forced off the air, according to
the Committee to Protect Journalists. Although registration requirements remain in place, authorities have granted more
than 250 publications licenses, and several dozen private radio stations and eight
television stations are now broadcasting, with the expansion of independent print and
broadcast outlets continuing in 2005. National and local governments continue to own or
control several dozen newspapers and almost all of the electronic media, and reporting at
these news outlets is generally balanced. International radio broadcasts in Dari or
Pashto, such the BBC, VOA, Radio Liberty, and Radio Free Afghanistan, remain a key source of
information for many Afghans. In the country's underdeveloped economic environment,
the majority of media outlets remain dependent on the state, political parties, or
international donors for financial support. However, in September 2004 the first
independent radio station supported entirely by private sector funds was inaugurated in
Ghazni province. Access to the Internet and to satellite TV dishes remains largely
unrestricted.
Albania: PF 17-16-17=50
The legal system
protects freedom of the press, and it is generally respected by the authorities.
Press freedom advocates in 2006 continued to urge the government to
decriminalize defamation, which could incur a maximum sentence of two years in
prison under existing statutes. Although the parliament failed to act on draft
amendments introduced in 2005, Prime Minister Sali Berisha in October of that
year ordered government officials to use the right of reply rather than civil or
criminal defamation suits to address perceived bias or inaccuracy in the media.
No major libel cases were reported in 2006. The prospects for legal reform
improved in June, when Albania signed a Stabilization and Association Agreement
with the European Union. The pact, which capped
more than two years of negotiations, was considered a key milestone on the path
to EU membership, and EU officials said media freedom would be among their
priorities as they pressed Albania to make additional structural improvements.
The country’s parliament-appointed broadcast regulator, the National Council
of Radio and Television (NCRT), continued to face accusations of political
influence and incompetence. However, Berisha and Tirana Mayor Edi Rama, leader
of the opposition Socialist Party, agreed in August to add two opposition
appointees to the council’s membership. The plan came as part of a deal
allowing municipal elections to proceed in early 2007.Independent media
continued to be active and were generally able to criticize the government.
Coverage by state-owned broadcasters had favored the incumbents in the run-up to
July 2005 elections, and at least four cases of violence against journalists
were reported that year, but the country largely avoided a repeat of such
problems in 2006. The media played a prominent role in at least two new
incidents that proved embarrassing to the government. In March, the Tirana-based
television station Alsat broadcast a gaffe in which Foreign Minister Besnik
Mustafaj predicted further regional border changes if Kosovo were partitioned
between Serbs and ethnic Albanians. In September, an investigative television
show aired recorded conversations in which a government official appeared to
pressure two nephews of President Alfred Moisiu to convince their uncle to fire
the attorney general, whom Berisha has accused of corruption in a politically
charged standoff. Albania has 66 private television stations, at least 45 private radio
stations, and roughly 200 print publications in circulation. Many independent
media outlets are hampered by a lack of revenue. Publishers and media owners
tend to dictate editorial policy based on political and economic affiliations,
which, together with the employment insecurity journalists face, nurtures a
culture of self-censorship. The internet is a relatively unimportant source of
information, since access is limited by a weak telecommunications infrastructure
outside major urban areas. Despite the absence of government restrictions,
barely six percent of the population is able to use the internet on a regular
basis.
Algeria: NF 22-23-17=62
According to
Algeria’s constitution, press freedom is a guaranteed right, but this has not
stopped authorities from using legal and extralegal methods to harass the
independent press. The laws were amended in 2001 to criminalize defamation of
the president, the parliament, the judiciary, and the military. Algerian courts
are subject to government pressure when adjudicating cases of libel and related
offenses. Free expression was dealt another blow in 2006 as a result of
President Abdelaziz Bouteflika’s plan for national reconciliation after the
civil conflict of the 1990s. In February, the cabinet passed a decree that
granted immunity to perpetrators of violence during the conflict, and authorized
up to five years’ imprisonment for “anyone who by speech, writing, or any
other act, uses or exploits the wounds of the National Tragedy to harm the
institutions of the Democratic and Popular Republic of Algeria, to weaken the
state, or to undermine the good reputation of its agents who honorably served
it, or to tarnish the image of Algeria internationally.”
The pattern of
harassment aimed at critical or partisan Algerian journalists over the past
several years continued in 2006. Journalists were arrested and charged with
criminal violations in February after their newspapers published controversial
cartoons of the prophet Muhammad, which first appeared in a Danish newspaper and
sparked riots and demonstrations across the Muslim world. As was often the case
in Algeria, the journalists were soon released, but the arrests illustrated the
unpredictable nature of the authorities. In January, reporter Bachir Larabi of
the independent daily El-Khabar was imprisoned for a month in the southwestern
town of El-Bayadh after he was found guilty of defaming a local mayor. In June,
journalist Mohamed Benchicou was released from prison after completing his
two-year sentence for violating Algerian currency transportation laws.
Benchicou’s case was politically motivated—his defunct newspaper, Le Matin,
had published harsh criticism of the government, and Benchicou himself had
written a book that pilloried the president. Bouteflika issued a pardon for
journalists in July, but the laws used to punish them remained on the books and
several other journalists were charged and sentenced to jail terms for their
writing in the months after the pardon. Despite such persistent government
harassment, Algeria’s newspapers remained feisty and assertive in their
opinions. Columnists and editorial cartoonists skewer the authorities on a
regular basis.
Radio and television, two of the main sources of news, are largely under
government direction. Popular pan-Arab satellite television stations, like
Qatar-based Al-Jazeera, provide an alternate source of information. The
government uses its control over the country’s printing presses and a state
advertising agency to influence the independent print media. Internet
penetration is still quite low at only 5 percent of the population, but access
is not restricted by the government.
Andorra: F 1-4-8=13
Freedom of
expression is protected under Article 12 of the Andorran constitution, which
also allows for laws that regulate the right of reply, correction, and
professional confidentiality. The Universal Declaration of Human Rights, which
is binding in Andorra, also ensures media freedom. No major incidents relating
to press freedom were reported in 2006. Due to Andorra’s size and its
proximity to France and Spain, its media landscape is partially shaped by
foreign media; the majority of television transmissions
are provided through technical accords with the Spanish and French
government networks. Domestically, there are two daily papers, Diari d’Andorra
and El Periodic, as well as two major weekly newspapers, Informacions and 7
Dies. There are approximately 15 radio and 6 television stations. The government
also releases a daily news bulletin. Internet access is open and unrestricted,
with an estimated 22,000 users.
Angola: NF 17-24-21=62
Despite
constitutional guarantees, freedom of the press is restricted in Angola. In
February, the government approved a new Press Law which was enacted in May. The
law is an improvement over previous legislation: it ends the state monopoly on
television broadcasting, calls for the creation of a public broadcaster that
ensures the “right of citizens to inform, seek information and be informed”,
and allows journalists to use the truth defense in libel and defamation trials.
However, the law includes several restrictive provisions and requires
implementing legislation for the execution of some of the more positive reforms
(including application for independent TV and radio licenses). Libel of the
president or his representatives is still a criminal offense, punishable by high
fines and possibly imprisonment (the wording of the legislation is vague).
Authorities can suspend a publication for up to a year if it has published three
articles that lead to defamation convictions within a three-year period.
Particularly in the interior of the country, the judicial system has little
independence to enforce legislation guaranteeing press freedom. The Law on State
Secrecy permits the government to classify information, at times unnecessarily,
and those who publish classified information are prosecuted. Private media are
often denied access to official information or events. The new Press Law
authorizes the creation—pending legislation—of an independent National
Council for Media Communication.
Although the
government generally tolerates criticism from private media, government
officials often pressure independent media to cover the government in a more
favorable light. Although less common than in previous years, arbitrary
detention, harassment, and attacks on journalists continued to take place. For
fear of reprisals, many journalists practice self-censorship. In July, Reporters
Sans Frontieres condemned the murders of two Angolan journalists, though it was
unclear whether their deaths were related to their media work. Foreign media are
able to operate with fewer government restrictions. However, journalists must
first secure work visas to enter the country and then must receive authorization
from the Ministry of the Interior to meet government officials or travel within
Angola.
The government
continues to dominate both print and broadcast media. The largest media sources
are state run and allow very little criticism of government officials. The
official Radio Nacional de Angola (RNA) is the only radio station with national
coverage; the state also controls the only non-satellite television
station. While the new Press Law opens television broadcasting to the private
sector and establishes principles prohibiting censorship and respecting freedom
of the press and access to information sources, the effective promulgation and
implementation of the Law is another matter. Four private radio stations operate
under government license from Luanda, the capital. As of 2006, authorities
continued to prevent the outspoken Roman Catholic radio, Radio Ecclesia, from
broadcasting outside Luanda. The country’s seven private weeklies have low
circulation and face financial constraints as well as high costs of production
and distribution. Few outside the capital can afford private newspapers.
Internet access is unrestricted and is available in several provincial capitals,
though less than one percent of the population was able to make use of this new
medium in 2006.
Antigua & Barbuda: PF 10-14-14=38
The constitution
of Antigua and Barbuda explicitly protects freedom of speech and of the press,
and freedom of information legislation was passed in 2005. A major source of
concern for media freedom advocates remained the legal action initiated in 2005
by Gene Pestaina, the Director of Public Prosecutions (DPP), against the manager
of the popular station Observer Radio. Lennox Linton was accused of defamation
for verbally ridiculing the DPP’s office while on the air. In August 2006, a
High Court judge ruled against Linton’s application to have the case thrown
out, a ruling that opened the way for the issue to be heard in court.
Relations between
the United Progressive Party government and the media continued to be tense. In
April, the Minister of Information, Broadcasting and Communications, Edmund
Mansoor, publicly criticized what he called “special interests” in the
media, stating that the content of commentaries, editorials and talk-shows
“smack of…gutter journalism.” In February, the opposition Antigua Labour
Party complained to the Inter-American Commission on Human Rights’ Special
Rapporteur for Freedom of Expression about alleged government restrictions on
access to state-owned media. In 2005, authorities arrested opposition ZDK radio
announcer James “Tanny” Rose for misbehavior in public office, as chief
information officer of the state-owned ABS Radio and Television Authority in
1994. In 2006, the prosecutor brought criminal charges against Rose, but he had
not been tried by the year’s end. There are 2 daily newspapers, 1 weekly paper, and 10 radio stations,
including the state-owned Antigua and Barbuda Network (ABN) which also runs the
islands’ only freely available television service; there is one cable
television company. There are no government restrictions on the internet, which
was accessed by 40 percent of the population in 2006.
Argentina: PF 13-20-16=49
Local and
national politicians followed President Néstor Kirchner’s lead in 2006,
showing little tolerance for press criticism. Tactics used against critical
media included control of government advertising and access to information;
termination of programs on private and state-owned broadcasters; and use of
authoritarian press laws, threats, and physical assault to intimidate
journalists.
While criminal
insult and defamation laws no longer exist in Argentina, “crimes against
honor” prohibit intentionally accusing someone of committing a crime, as well
as impugning their honor. Civil laws call for the accuser to pay fines for any
material or “moral” damages caused, while criminal laws carry jail time of
up to three years. Both laws were used against journalists in 2006.
Investigative reporter Mariano Saravia received a grant from the World Press
Freedom Committee to fight charges of civil crimes against honor filed by a
retired military officer and a former policeman who appeared in his book, La
Sombra Azul. The journalist’s defense is that what he wrote was true. Prior to
the charges, Saravia received death threats and was harassed. Although not used
against Saravia, crimes against honor also exist in the federal Penal Code to
which truth is a defense if the accusation is made in the public interest. The
minister of culture in Rio Negro province filed criminal charges against
journalist Angel Ruiz in 2006 after his reports linked the official to fossil
smuggling. Prior to the charges, the journalist received threatening calls.
Other criminal laws were used against journalists during the year. In Córdoba
province, radio journalists Néstor Pasquini and Hugo Francischelli were jailed
in December on charges of inciting violence and arson during a riot they
covered.
The press also
faced various forms of political pressure. President Kirchner continued to
criticize conservative journalists and publications for complicity with the
1976-1983 military dictatorship. These publications, especially the daily La
Nación, provide the most critical coverage of his government. First Lady and
Senator Cristina Fernández called journalists covering congress
“ignoramuses” and “dimwits.” These comments seemed to have incited
attacks on journalists, including threats made against La Nación columnist
Joaquín Morales Solá and the publisher of the critical newsmagazine Noticias,
Jorge Fontevecchia. On state-owned Channel 7 television, “irreverent”
journalist Victor Hugo Morales’s program, Desayuno, was cancelled after a
seven-year run. The order came after the station management’s replacement and
unexplained dismissal of anchor Marcela Pacheca after she criticized a gathering
that President Kirchner organized on the anniversary of his inauguration.
Similarly, Radio Nacional discontinued José Eliaschev’s commentary program.
Three current affairs programs on privately owned media suffered the same
fate.
Reporters Sans
Frontieres reported that 34 Argentine journalists were physically attacked in
2006, often by politicians, bureaucrats or police. In the Quilmes town hall in
Buenos Aires province, a local leader of the Peronist Party beat radio
journalist Pedro Navarro unconscious. The mayor of Quilmes convinced the Federal
Broadcast Commission to revoke the licenses of two local radio stations,
Navarro’s Radio Quilmes 106.9 and Fan 103.9. The lower house of Congress
unsuccessfully called upon the commission to restore their licenses.
Furthermore, three well-known journalists’ email accounts were hacked, giving
perpetrators access to names of confidential sources.
The use of state advertising to reward or punish media outlets is
considered the biggest threat to press freedom nationally. According to the U.S.
State Department, national government spending on advertising increased from
approximately $5 million (15.4 million pesos) in 2002 to approximately $47
million (127.5 million pesos) in 2006. Shows were cancelled on privately owned
Radio Río Gallegos in Santa Cruz province, LT 24 radio in Buenos Aires province
and on TV 5 in Tucuman after local authorities threatened to withdraw
advertising. In May, Grupo Editorial Perfil sued the national government for
discrimination after withholding official advertising from some of its
publications. Legislation that would set market-based or program-oriented
criteria for the distribution of state advertising was stalled in congressional
committees. The media company Perfil, owner of Noticias, has sued over the
government’s refusal to award state advertising or grant its reporters
interviews with top officials. All print media in Argentina are privately owned.
The internet was unrestricted by the government and utilized by 34 percent of
the population.
Armenia NF 20-24-20=64
The Armenian
constitution guarantees freedom of the press, although the government and those
closely connected to the ruling party frequently fail to respect press freedom
in practice. Libel remains a criminal offense. A coalition of nongovernmental
organizations (NGOs)—including the Yerevan Press Club, the Journalists’
Union of Armenia, Internews Armenia, the Committee to Protect Freedom of
Expression, and the Investigative Journalists’ Association—drafted a
proposal to abolish Article 318 of the Armenian Criminal Code, which establishes
criminal liability for insulting a public official. Armenia adopted freedom of
information legislation in 2003, but the law has been poorly implemented.
In September
2006, Arman Babajanian, editor of the opposition daily Zhamanak Yerevan, was
sentenced to four years in prison for falsifying documents to avoid military
service. Although he pleaded guilty, media organizations expressed concern that
the trial was politically influenced, since the sentence was unusually harsh for
such an offense. The president appoints all the members of the National
Commission for Television and Radio (NCTVR), the body that oversees the
broadcast media. The commission’s actions are government controlled and not
transparent. During the year, A1+, once a vocal and
politically independent television station, continued efforts to obtain a
frequency license, but all 12 of its applications over the past four years have
been denied by the NCTVR. In 2002, the NCTVR had revoked A1+’s license and
subsequently gave it to a progovernment national television station. Since then,
the station has remained vocal by producing television programs and internet
publications. Each year, Armenian journalists organize protests on the
anniversary of the station’s license revocation. The Armenian National Academy
of Sciences filed a lawsuit in March 2006 demanding that A1+ vacate the building
it had occupied for the past 15 years. The academy owned the building and won
the lawsuit, and the journalists were given 24 hours to leave. Separately this
year, the government proposed a draft law that would have changed the
composition of the NCTVR, with half the members appointed by the parliament and
the other half by the president. The legislation also sought to reduce
television coverage of the parliament. However, lawmakers rejected the bill in
September.
While the
government does not exert direct control or censorship over the media, it
maintains a firm grip, particularly over broadcast media, through informal
pressure on outlet owners. Print publications are typically free to report
diverse views, partly because their low circulation and lack of presence in
rural areas make them a less likely target for government pressure. The
highest-selling daily, Haykakan Zhamanak, sells less than 6,000 copies a day.
Since A1+ was taken off the air, most television stations have grown more
politically aligned with the government, remain selective in their reporting,
and routinely ignore opposition members. Armenian Public Television, which has
national reach, avoids criticizing the government amid the evident climate of
self-censorship in the broadcast media. Toward the end of the year, as the
campaign for the spring 2007 parliamentary elections intensified, opposition
figures faced discriminatory coverage and high prices for campaign
advertisements. There were reports throughout the year of physical violence
inflicted against members of the press. In July, Gagik Shamshian, a freelancer
writing for the opposition weekly Chorrord Ishkhanutyun and the independent
daily Aravot, was allegedly assaulted by the local government leader’s brother
and other assailants, and Chorrord Ishkhanutyun’s offices were damaged by an
arson attack. In September, Hovhannes Galajian, editor in chief of the
opposition-sponsored Iravunk newspaper, was attacked and beaten.
The print media are privately owned, except for the government-subsidized
Hayastani Hanrapetutyun and its Russian-language version. But print publications
struggle with financial difficulties, and few newspapers are able to function
independently of economic or political interest groups. The government has
further restricted the print media’s distribution ability with new legislation
that requires delivery companies to apply for costly licenses. The legislation
threatens to bankrupt smaller companies and force all print media to use either
Armenia’s postal service or the main kiosk vendor, both of which are
government-affiliated. In 2006, due to the Russian transportation embargo on
Georgia, Armenia faced a shortage of newsprint. Most television stations are
also privately owned, but the owners are most often progovernment politicians or
government-affiliated business magnates. Internet access remains low at 5
percent of the population thanks to high connection costs, but there have been
no reports of official restrictions imposed on its use.
Australia: F 6-9-6=21
Press
freedom in Australia operates by convention rather than by constitutional
guarantees. However, in July the state of Victoria introduced a Charter of Human
Rights and Responsibilities which includes protection for freedom of expression.
The Australian Press Council (APC) and the Media, Entertainment, and Arts
Alliance (MEAA) monitor journalistic freedom and access to information. Both
groups have expressed concern over a decline in press freedom in a number of
areas in 2006.
In spite of
recommendations by the Australian Law Reform Commission, the Antiterrorism Bill
of 2005, which imposes a blanket ban on reporting about people detained under
antiterrorism legislation, has yet to be reformed. Journalists may be charged
with sedition and face a seven-year jail sentence for reporting against the
actions of the government, police, or judiciary. Additionally, the
Telecommunications (Interception) Amendment Act 2006 was passed, which affords
the right to police and other security agencies to monitor phone conversations
as well as access email and text messages of people who have associated with
those accused of crimes. The MEAA has expressed concern that this will lead to
greater journalistic self-censorship and hesitancy of sources to reveal
information to the press.
In 2006, a
judge upheld the decision to hold two journalists from the Herald Sun in
contempt for refusing to reveal a source before a judge in Melbourne in 2005. In
an assault on freedom of information in late 2006, the High Court of Australia
voted three-to-two to deny access to documents requested by The Australian
journalist Michael McKinnon. McKinnon requested documents on income tax and
first-time home buyers grants but was denied by Treasurer Peter Costello,
stating the documents were not “in the public interest.” Lengthy delays and
high costs already impede access to information. In a victory for press freedom,
Australia introduced uniform defamation laws which cap maximum damages, restrict
action to one year after publication, bar legal action from large corporations,
and introduce truth as a complete defense.
Australia has a strong tradition of public broadcasting, though the
Australian Broadcasting Corporation (ABC) has faced dramatic funding cuts and in
2006 was stripped of its only staff-elected board position. Private media
ownership is concentrated, with the majority of ownership by Rupert Murdoch’s
News Ltd. and Fairfax group. Media ownership laws were further relaxed in 2006
when the minimum number of “voices” in a city was reduced to five, and in
regions to four. Use of the internet is vibrant in Australia, utilized by 70
percent of the population. However, censorship concerns were raised when the
prime minister’s office had a website satirizing Prime Minister John Howard
closed down 36 hours after its launch.
Austria: F 8-8-5=21
The federal
constitution and the media law of 1981 provide the basis for free media in
Austria. Freedom of information legislation is in place and the government
generally respects these provisions in practice. Libel and slander laws protect
politicians and other government officials and in some cases lead to
self-censorship. In November 2006, the European Court of Human Rights overturned
decisions in three cases brought to trial by public figures on defamation
charges related to articles published in the daily Der Standard. The Austrian
courts’ reasoning “had not been relevant or sufficient to justify the
interference in the applicants’ right to freedom of expression,” which was
judged a violation of Article 10 of the European Convention on Human
Rights.
Any form of
pro-Nazism or anti-Semitism is prohibited by law as is Holocaust denial. In
February, British author David Irving, who had been charged with violating the
law banning neo-Nazi activities, was sentenced to three years in prison. In
April, John Gudenus, a former member of the upper house of parliament, was
sentenced to probation for statements denying the events of the Holocaust.
Since 2004’s broadcasting law amendments, Austria’s public
broadcaster, which operates two television stations and four radio channels,
faces growing competition for audiences from private broadcasters. Cable and
satellite are widely available and are often used to watch German stations, some
of which tailor programming for the Austrian audience. Daily newspapers, both
national and regional, are very popular and contest fiercely for readers.
Foreign investors have a solid presence in the predominantly privately owned
print market, and ownership concentration is high. Many radio stations have ties
to print outlets and additionally there is cross-ownership of daily and weekly
newspapers. Press subsidies help newspapers survive and are designed to
encourage pluralism. Internet access is unrestricted and was used by more than
50 percent of the population in 2006.
Azerbaijan: NF 24-29-22=75
Azerbaijan’s
constitution guarantees freedom of the press, but the government hardly respects
it and media freedom continues to decline in practice. Despite the completion of
a draft law on defamation that would decriminalize libel, it remains a criminal
offense punishable with large fines and up to three years’ imprisonment.
Defamation lawsuits are the most common method of government intimidation aimed
at opposition and independent media. The interior minister alone filed five
lawsuits in 2006. In one such case in September, Eynulla Fatullayev, founder and
editor of the Russian-language newspaper Realny Azerbaijan, received a suspended
two-year prison sentence and a fine of $11,000 for libeling the interior
minister. Fikret Faramazoglu, editor in chief of the weekly opposition newspaper
24 Saat, was also sentenced to a suspended one-year prison term in August for
libeling the interior minister. In August, Shakhin Agabeili, editor of the
magazine Milli Yol, was sentenced to one year in prison for defaming a leader of
the ruling Yeni Azerbaijan Party; he was pardoned by President Ilham Aliyev in
October.
Azerbaijan
passed a freedom of information law in December 2005, but it has not been
effectively implemented; government institutions continue to ban opposition and
independent journalists from public hearings. The government wields significant
control over the National Radio and Television Council (NRTC), the broadcast
watchdog and licenser. In November, the NRTC suspended the transmission of the
country’s first independent television and radio station, ANS, citing a series
of legal and regulatory violations. After harsh international criticism, the
NRTC allowed ANS to resume broadcasts in December. However, the station remained
vulnerable due to outstanding problems with the regulator. The suspension
disrupted local transmission of the British Broadcasting Corporation (BBC),
Radio Free Europe/Radio Liberty, and Voice of America. On the same day as the
action against ANS, a ruling by the Baku’s Economic Court on the 1992 lease of
a city building forced the evictions of the newspapers Azadliq and Bizim Yol and
the Turan information agency, as well as the headquarters of the main opposition
party, the Popular Front. The news outlets were able to relocate and resume
operations after about a week. Foreign broadcasts of Turkish and Russian media
were suspended at the end of the year.
Harassment
and violence against journalists remains a serious concern in Azerbaijan. In
October, members of the Azadliq opposition political bloc began a hunger strike
to protest the government’s harassment of the media, and they were later
joined by independent media representatives; it was the second time since 1999
that Azerbaijani journalists have gone on a collective hunger strike. In March,
Azadliq journalist Fikret Huseynli was kidnapped and stabbed before being
released. In May, Bizim Yol editor Bakhaddin Khaziyev was kidnapped, beaten, and
ordered to stop reporting on sensitive issues, including corruption. His
assailants reportedly ran over his legs with a car. Fatullayev ceased publishing
both Realny Azerbaijan and its Azerbaijani-language sister publication in
October, apparently to secure the release of his kidnapped father. Realny
Azerbaijan resumed publishing in December. In June, authorities detained a
prominent satirist for Azadliq, Mirza Sakit Zakhidov, on charges of narcotics
trafficking and possession. He said the charges were fabricated, but was
convicted of drug possession in October and sentenced to three years in prison.
The 2005 murder of Elmar Huseynov, founder and editor of the opposition Monitor
magazine, remained unresolved.
While
independent and opposition-affiliated media outlets exist in Azerbaijan, most
private broadcast outlets are owned by ruling party supporters. The independent
print media are generally able to express a wide variety of views but have
minimal circulation outside Baku, unlike progovernment subsidized newspapers.
Most print media are printed at government-owned publishing houses, and the
owners of private printing presses also frequently have strong government
connections. State-owned print and broadcast
media, including a public television station established in 2005, toe the
government line. The private and independent broadcast channels that are able to
express diverse views are not available throughout the country. Independent and
opposition media struggle financially because the government prohibits
state-owned companies from purchasing advertising space from them and pressures
private business to advertise in state-owned media. Internet access is generally
unrestricted, although it is limited to less than 10 percent of the population
primarily located in larger cities. In July, local media reported that a popular
blog had been blocked due to its parodying of the president.
Bahamas: F 2-9-6=17
The constitution guarantees freedom of speech and of the press, and
although there is no freedom of information legislation, the government does
generally support the public’s right to access to information. However, during
2006 there were indications that some members of the ruling Progressive Liberal
Party (PLP) were exerting undue pressure on the media in response to less than
flattering news coverage. In early May, PLP chairman Raynard Rigby publicly
warned the publishers of the Nassau Guardian and the Bahamas Tribune–two of
the four daily newspapers—that they should be careful to be objective when
reporting news of political affairs. In June, the foreign minister, Fred
Mitchell, publicly criticized the print media, accusing it of lacking “balance
and fairness.” The following month, Managing Editor of the Tribune and British
citizen John Marquis was informed that his work permit would not be renewed.
Marquis and other media freedom advocates claimed the move was a response to
several critical articles. After protests, the authorities issued a one-year
permit. In February, prison guards outside the Carmichael Detention Centre in
Nassau attacked four journalists from Miami-based television stations. The
state-owned Broadcasting Corporation of the Bahamas operates a television
station and the ZNS Radio Bahamas network. There are also numerous privately
owned radio stations. The internet was unrestricted, and was accessed by 30
percent of the population.
Bahrain: NF 23-26-22=71
The
government in Bahrain continues to restrict media reporting, including the
internet, despite laws providing for freedom of the press and of expression.
Despite claims to further the democratic processes, media restrictions were
tightened in 2006. Articles 23 and 24 of Bahrain’s Constitution guarantee
freedom of expression and the press. However, a suspended 2002 Press Law (No.
47) continues to be enacted to prosecute journalists based on 17 categories of
offences. Offences against Islam, the king, and “the unity of the people,”
as well as acts of inciting division or sectarianism are punishable with six
months to five years in prison. Conflicting conservative and liberal efforts to
reform the 2002 press law continued in 2006, with two emergency sessions for
debate called in April. Despite government commitments to a more democratic
society, three laws were passed in 2006 which have the potential to undermine
the rights to free expression. On July 20, amendments to the association law
(Law 18/1973) were ratified that forbade any speech or discussion infringing on
“public order or morals.” A counterterrorism bill was signed into law on
August 12 which contains excessively broad definitions of terrorism and
terrorist acts, and which criminalizes advocating terrorist acts as well as the
possession of documents promoting the same. An amendment to the Penal Code (Act
65/2006) in September made it a crime to publish the names or pictures of
accused persons before a court verdict and without the permission of the public
prosecutor.
News
regarding international issues, local economic and commercial issues, and
opposition politics are generally less restricted than are issues concerning the
royal family, the Saudi royal family, national security, and judges. Two
reporters from local papers Al Mithak and Al Wasat received anonymous telephone
threats in October for writing about the Bandargate scandal that centered on a
report written by Sudanese-born British citizen Salah al-Bandar regarding
alleged election fraud and involved members of the royal family and
politicians.
Despite
governmental censorship and self-censorship among journalists, many local and
foreign media outlets are able to cover a diversity of issues without
restriction. Nevertheless, some subjects of local concern continue to be
untouchable. Print media are privately owned and there are nearly 100 Bahraini
newspapers and journals in circulation. A number of new Arabic daily newspapers
have opened since the reforms of 2002, including Al-Watan, which debuted in
December of 2005, and Al-Waqt which entered the market in 2006. While
privately-owned, the government still retains the right to control publishing
policies, appoint the paper’s officials, and dismiss journalists. All local
radio and television stations are state-run; however, satellite television is
widely available, providing access to international broadcasts. The country’s
first private radio station, which began broadcasting from Manama in October
2005, was shut down in 2006 by the authorities, alleging irregularities.
While the
internet has provided journalists in Bahrain with greater freedom to report and
more diverse access to critical forms of information, it has also served as yet
another medium for the government to censor and regulate. The only internet
provider in Bahrain is the government-owned Batelco, which reported that 135,000
persons used their service, about 21 percent of the population. Batelco
prohibits user access to antigovernment or anti-Islamic websites, as well as
human rights websites. On August 8, a government decree was issued to block
access to Google Earth, Google Video, and Google Maps, but was lifted days later
due to pressure from civil society. The media block on the scandal “Bandargate” extended beyond traditional media
outlets to the internet, where blogs were forbidden to discuss the issue. In
October, many websites and blogs were banned in the month leading up to the
elections. On November 16, Dr. Mohammed Saeed Al-Sahlawi and Husain Abdulaziz Al
Hebshi were arrested for possessing publications downloaded from the internet
calling for the boycott of the November elections. The two activists were
charged with promoting an illegal change of the state and spreading false news
and rumours, which would disrupt public security, and damage public interest.
The two remained in prison at the end of 2006. By the end of the year, almost
two dozen websites were blocked.
Bangladesh: NF 20-30-16=66
While an expanding number of privately-owned broadcast outlets provide
greater diversity, media continued to face a number of pressures in 2006, the
most striking of which is the high level of violence directed against
journalists and the impunity enjoyed by those who attack them. Although the
constitution provides for freedom of expression subject to “reasonable
restrictions,” the press is constrained by national security legislation as
well as sedition and criminal libel laws. Journalists continue to be slapped
with contempt of court and defamation charges or arrested under the 1974 Special
Powers Act (which allows detentions of up to 90 days without trial) in reprisal
for filing stories that are critical of government officials or policies. Cases
of criminal defamation suits against private newspapers by ruling party
politicians reportedly increased in 2006. The case of journalist and writer
Salah Uddin Shoaib Choudhury, who was arrested in 2003 and prevented from
traveling to a conference in Israel, charged with sedition, and spent 17 months
in jail before being released on bail in 2005, remained open throughout 2006 as
he awaited trial. Choudhury also received death threats, and in July the offices
of his magazine were bombed.
Authorities limit official access to journalists from certain
publications. The government remained sensitive to international scrutiny;
foreign publications are subject to censorship, while foreign journalists and
press freedom advocates have encountered increasing difficulties in obtaining
visas to enter Bangladesh and are put under surveillance while in the country.
In an effort to tighten censorship laws, the government passed legislation in
September that would enable officials to suspend the broadcast of any private
satellite television channel “for the public interest.”
Journalists are regularly harassed and violently attacked by a range of
actors including organized crime groups, political parties and their supporters,
government authorities, and leftist and Islamist militant groups. Most commonly,
they are subjected to such attacks as a result of their coverage of corruption,
criminal activity, political violence, the rise of Islamic fundamentalism, or
human rights abuses. Police brutality towards
photographers attempting to document protests or other political events also
remained a concern. Reporter Bellal Hossain Dafadar was murdered in September
2006, and several hundred others received death threats or were physically
assaulted and injured. In several instances, the offices of news outlets were
attacked by unknown assailants. Harassment of journalists intensified alongside
the rise in political tension preceding the November handover to the caretaker
government. Impunity for those who perpetrate crimes against journalists is the
norm, and investigations into the cases of reporters killed in previous years
generally proceed slowly if at all. However, in March, a fast-track tribunal
sentenced one person to death and 11 others to life imprisonment for the 2004
killing of journalist Kamal Hossain. As a result, many journalists practice some
level of self-censorship when covering sensitive topics.
With hundreds of daily and weekly publications, the
privately owned print media continue to present an array of views, although
political coverage at a number of newspapers is highly partisan. The state owns
or influences several broadcast media outlets, whose coverage sometimes favors
the ruling party but which provided more balanced coverage during 2006 than
previously. Private broadcasting has expanded in recent years, with six
satellite TV stations now broadcasting. Private outlets are required to air
selected government-produced news segments as a condition of their operation,
and the new broadcast licenses that were issued in 2005 were allegedly given to
those with close political connections, according to the U.S. State Department.
Political considerations influence the distribution of government advertising
revenue and subsidized newsprint, upon which many publications are dependent.
Access to the internet is generally unrestricted; however, some journalists’
e-mail is reportedly monitored by police.
Barbados: F 3-8-6=17
Freedom of the press is constitutionally guaranteed, and
media are generally able to operate without restrictions; however, Barbados does
not have freedom of information legislation. Representatives of the ruling
Barbados Labour Party (BLP) occasionally criticized the media for spreading what
they said was ill-informed criticism of the government. In February, Prime
Minister and BLP leader Owen Arthur publicly criticized Harold Hoyte, the
editor-in-chief of the Nation Publishing Company Ltd. Arthur said that the
Nation newspaper—one of the country’s two dailies—ran articles that were
driven by Hoyte’s “political agenda.” Of the eleven radio frequencies,
three are run by the state-owned Caribbean Broadcasting Corporation, which also
operates a television station. In August, the Barbados-based Caribbean Media
Corporation launched CaribVision, a new 24-hour Caribbean TV channel.
Caribvision is beamed to over 10 Caribbean
countries and to North America. There are no government restrictions on internet
access, utilized by 60 percent of the population in 2006.
Belarus: NF 27-34-28=89
Belarus’s limited level of press freedom deteriorated
further in 2006 as President Aleksandr Lukashenko’s government suppressed
independent media during the March presidential election and ensuing protests
against election fraud. Despite constitutional provisions for freedom of the
press, criticism of the president and his government is considered a criminal
offense, and libel convictions can result in prison sentences or high fines.
During the 2006 election period, the courts halted the publication of numerous
independent newspapers. The weekly Zgoda was shuttered for republishing
contentious Danish cartoons of the prophet Muhammad, although it had also
reportedly drawn officials’ attention by covering an opposition presidential
candidate. Another weekly, Nasha Niva, was informed that it could no longer be
registered in Minsk after its editor in chief brought food to protesters in the
capital’s main square and was temporarily detained on charges of hooliganism.
Nevertheless, the paper reportedly continued to publish.
The government in 2006 subjected the independent media to
systematic political intimidation. Police confiscated hundreds of thousands of
newspapers, blockading the print runs of such opposition newspapers as Narodnaya
Volya and Communist Party newspaper Tovarishch. State media, focusing coverage
on Lukashenko, issued propaganda warning Belarusians about violence at the
polls. Meanwhile, police assaulted both presidential candidate Aleksandr Kozulin,
when he tried to enter a meeting to hear the incumbent speak, and reporters
attempting to cover the attack. The authorities also arrested and detained more
than 30 Belarusian journalists and 12 foreign journalists from countries like
Canada, Georgia, Poland, Russia and Ukraine for covering the elections and
round-the-clock opposition demonstrations. In April, the authorities also
prevented two groups of Polish journalists from entering Belarus to cover the
twentieth anniversary of the Chernobyl nuclear disaster. Also that month, a
court sentenced 16-year-old Anton Filimonov, the son of murdered journalist
Veronika Cherkasova, to a suspended prison term of two and a half years for
creating counterfeit currency. He had been arrested in late 2005 and then
released in March, and critics had accused the government of using the
counterfeiting case to force him to confess to his mother’s 2004 murder, which
remained unsolved.
The state, which maintains a monopoly over the broadcast
media and controls the content of television programming, uses a range of
economic pressures to weaken independent media. Much of Belarus’s independent
press has been run out of business and forced to close because authorities
routinely pressure managers of state enterprises to advertise only in state
media, banks to refuse deposits from readers into independent newspapers’ accounts, and distributors and printing presses to deny
non-state media contracts. Newspapers such as Narodnaya Volya and Tovarishch had
little choice but to use printing houses outside of Belarus, such as in Smolensk,
Russia, until those printing contracts were terminated in 2006 as well. Many
independent papers are also banned from sale at newsstands, forcing them to
resort to underground distribution methods like selling directly from the
newsroom and using volunteers to deliver copies. Because the internet in Belarus
is in its infancy (with 35 percent of the population accessing the internet in
2006) and Belarusian websites are not yet obliged to register with the
authorities, many print publications have moved online. However, the state-owned
telecommunications company (Beltelecom), which owns all Belarusian servers, can
still block access, and legislators have been considering a new law to regulate
the internet. The government reportedly monitored internet communications and
attempted to deny access to opposition or independent websites during the
presidential election period.
Belgium: F 2-4-5=11
The constitution guarantees freedom of speech and of the press which are generally respected by the government. The Belgian Chamber of Deputies voted unanimously in March 2005 to approve a law which protects journalists' sources. The vote came after police raids in 2004 on the home and office of a Brussels-based reporter, Hans Martin Tillack, which shocked the community of international journalists. The new law protects reporters from home searches and seizures, and gives them the right to silence if called as a witness. Journalists can only be forced to reveal sources to "prevent crimes that represent a serious attack on the physical integrity of one or several third parties." In October 2006, Tillack brought his case before the European court of First Instance where he argued that the action against him by Belgian police violated his rights. Although the court recognized that his complaints of mistreatment were legitimate, in the end it ruled that the case was out of its jurisdiction.
Newspaper ownership concentration has increased since the 1960s as corporations have steadily been buying up papers. As a result, today a handful of corporations run most of the country's newspapers. As for the broadcasting sector, unlike most other European nations, Belgium has two separate public broadcasting organizations (one operating in French and the other in Flemish), each with its own domestic and international broadcasting network. The government does not limit access to the internet which was used by just under 50 percent of the population in 2006.
Belize: F 8-8-5=21
The constitution of Belize protects the right to freedom of expression, although there are several legal limitations to that right. The government may fine up to $2,500 and imprison up to three years those who question the financial disclosures of public officials, though there were no reports of this law being exercised in 2006. Newspapers are subject to libel laws; furthermore, the Belize Broadcasting Authority (BBA) holds the right to preview broadcasts with political content and remove libelous material, but this right was not exercised during the year. In June, Prime Minister Said Wilbert Musa stated that media freedom may have gone too far. While not calling for direct restrictions, he encouraged the BBA to act on curbing abuses to press freedom such as instilling violence, hate and devious behavior.
There are 8 television stations and 33 licensed radio stations, including 1 station affiliated directly with the United Democratic Party. There are no daily newspapers in Belize, though there is a vibrant market for weeklies. Papers are privately owned, with two weeklies directly affiliated with political parties. In general, reporting covers a wide range of opinions. Belize has approximately 40,000 registered internet users, and the internet is unrestricted by the government.
Benin: F 10-10-10=30
Freedom of speech and of the press is protected by the constitution and the government has developed a reputation for respecting these rights in practice. However, in 2006 a number of worrying developments occurred that, if continued, could threaten Benin's status as one of the freest environments for the media in Africa. In December, a 1997 press law that criminalizes libel was implemented for the first time in two years. A court bailiff, Maxime Bankole, pressed charges against the private L'Informateur in December 2006 for refusing to retract a story accusing him of rape. The courts sentenced both the editor and a journalist at L'Informateur to six months in prison and a $1,000 fine. During 2005, in preparation for the March 2006 presidential election, the High Council for Audiovisual Media and Communications (HAAC) passed provisions mandating fair and balanced coverage of all presidential candidates. The provisions also restricted the amount of time a media outlet could devote to a particular presidential candidate and forbade opinion pieces on the election that might jeopardize "national unity." At year's end, as part of the new government's effort to "clean up the journalism sector," the
HAAC instituted a requirement that all working journalists obtain a new press card; the conditions for obtaining one of these cards are strict and were intended to apply to less than 40% of those currently in the journalism business to weed out the nonprofessionals.
During its final days in power leading up to the March election, Mathieu Kerekou's regime made a number of direct attempts to limit critical content in the media industry. In February, the managing editor of a daily newspaper, Panorama, was temporarily detained and charged with high treason after publishing an article describing an alleged coup attempt intended to keep Kerekou in power. Also, in early March Kerekou's Communications Minister fired two top officials at the state-run broadcast office after they refused to broadcast a government videotape allegedly proving the presence of electoral fraud due to doubts about the tape's authenticity. After the election, the newly-elected President Boni Yayi appointed a new minister of communications who immediately reinstated the fired ORTB officials. However, threats against the press did not entirely disappear with the resignation of Kerekou; in September three journalists with two separate privately-run newspapers were arrested and temporarily detained for articles critical of the police and the new president's family.
Benin's numerous established media outlets have a history of providing aggressive reporting and robust scrutiny of both government and opposition leaders. However, the media market has recently become saturated by a number of publications that emerged for the first time in the month preceding the election, many of which receive direct political funding. The inability of most of Benin's media operators to garner a consistent profit further limits accuracy and fairness in reporting by making poorly paid reporters susceptible to bribery and blackmail. Internet access is available primarily through dial-up internet cafes that remain unhindered by government censorship, and at 425,000 users, Benin had one of West Africa's highest rates of access to this new media in 2006.
Bhutan: NF 19-23-20=62
Freedom of expression and of the press, as well as media diversity, continue to be limited in Bhutan despite some improvements in 2006. The Bhutan Information, Communications and Media Act, passed in July, is designed to regulate the information, communications, and media industries. Many observers have however expressed concern that the law, which is primarily concerned with technological specifics, licensing, and ownership, provides no specific protections for journalists and does not guarantee freedom of information, although it does contain general provisions for freedom of expression and of the press. Under the 1992 National Security Act, any criticism of King Jigme Singye Wangchuk and Bhutan's political system is prohibited.
Bhutan's main print publication, the bi-weekly Kuensel-now funded entirely by advertising and subscription revenues-generally reports news that puts the kingdom in a favorable light but has increasingly been highlighting societal problems and carrying stories that are critical of the government. In 2005, Kuensel announced plans to open another printing press in Tashingang so that it could improve its distribution network. Two new private weekly newspapers, The Bhutan Times and The Bhutan Observer, were launched in April and June, respectively. Although the papers have published mainly pro-government articles, with the Times particularly supportive of the government stance toward refugees in Nepal, both papers have occasionally been critical of the government. A monthly periodical, Bhutan Now, started publishing in November.
State-owned broadcast media, which consist of a radio and a television station operated by the Bhutan Broadcasting Service, carry broadly pro-government programming and do not air opposition positions and statements. In September Kuzoo FM 90, Bhutan's first private radio station, began operations. There are no private television broadcasters, but cable television services carry uncensored foreign programming. In 2005, in response to concerns voiced by authorities as well as by members of the public, the Association of Private Cable Operators resolved to limit cable access to 30 channels, with a complete ban on 12 music and other channels that provided "controversial" content such as wrestling. Internet access is growing and is unrestricted-two new internet service providers were licensed during 2005-and the daily online editions of several print publications provide somewhat livelier forums for discussion and debate.
Bolivia: PF 10-16-11=37
Heightened political tensions resulted in a climate of increased hostility toward the press among both government and opposition supporters. Freedom of the press remains compromised by inadequate legal guarantees. The constitution provides for freedom of speech and of the press, but Bolivia's penal code stipulates that journalists can be jailed for one month to two years if found guilty of slandering, insulting, or defaming public officials. When the infractions involve the president, vice president, or a minister, the sentence may be increased by half. In May 2006, in the face of increasing discussion regarding potential changes to the 1925 Printing Law which still governs Bolivian media, several journalists' groups combined to form a National Ethics Council. The Council's goal is to act as a self-regulator, establishing a code of ethics and journalistic standards and issuing resolutions regarding violations of these guidelines.
Bolivia's journalists continued to face the challenges of reporting on their country's volatile politics. President Evo Morales, who took office in January 2006, used his inaugural address to criticize opposition media outlets, a scenario that was repeated on
several occasions throughout the year. As political conflict between Bolivia's eastern and western regions mounted throughout the year, attacks on journalists increased as well. The state-owned television channel, Canal 7, was attacked on both September 8 and December 6 in Santa Cruz, an opposition stronghold. Meanwhile, opposition-aligned TV channel Unitel, whose owner was declared an enemy of the state by President Morales, was attacked in La Paz on October 12 and December 8. On November 13, police officers assaulted EFE reporter Martin Alipaz while he was reporting on a protest in Konani. The year's protests peaked in mid-December with rallies throughout the country; in incidents on December 12 and December 15 nearly a dozen journalists-both government and opposition supporters-were assaulted in Cochabamba and Santa Cruz. According to the U.S. State Department, the newspaper El Nuevo Dia, with the support of the national press association and human rights groups, filed a complaint against Interior Vice Minister Ruben Gamarra after its journalist Jose Antonio Quisbert was arrested while investigating allegations of corruption in the immigration service.
Print media are privately owned and diverse in their editorial views. The television industry is privately owned except for one government-owned TV network. Broadcast outlets express a variety of political views, but stations have been criticized for their overt partisanship in news coverage, with outlets from the eastern department of Santa Cruz among the most hostile to the new president. With the exception of one government-run outlet, radio stations are also privately owned. Radio is the major news disseminator to the countryside, with an estimated 800 stations nationwide. With Venezuelan financial support, the government embarked on an effort to establish a new set of community radio networks. One of the largest networks is Radio Erbol, operated by a consortium of 70 churches. Conflict between newspaper vendors and the newspaper La Razón resulted in violence when the daily's employees attempted to distribute the paper themselves. In recent years, Bolivia has experienced a growth in alternative media that includes radio along with new internet news operations. The internet is not restricted by the government but barely 5 percent of the population was able to access it in 2006.
Bosnia-Herzegovina: PF 8-21-16=45
Freedom of the press in Bosnia and Herzegovina (BiH) is guaranteed by the constitution as well as the human rights annex to the Dayton Peace Accords, which ended the country's 1992-95 civil war. Bosnia has one of the most liberal legal environments in the world for media freedom, but effective enforcement of these laws is largely absent due to an overburdened judiciary. Libel and defamation were decriminalized in 2003, but individuals and institutions can still bring civil suits for such claims. Government officials often file lawsuits against journalists, but instances of journalists suing their colleagues are also common. New legislation that would reorganize and unify the
country's public broadcasting system, the first element of which had passed the BiH parliament in October 2005, was blocked by the Federation Constitutional Court in July 2006 amid complaints that the new system would violate Croats' vital interests.
Journalism in both of the country's state entities-the Federation, made up of Bosniak (Muslim) and Croat cantons, and the Serb-dominated Republika Srpska-continues to be plagued by a relatively low standard of professionalism and the fact that most media outlets appeal only to narrow ethnic constituencies. During the 2006 general election campaigns, the media respected legal requirements guaranteeing candidates free airtime on public broadcasters. However, according to the October 2006 Organization for Security and Cooperation in Europe (OSCE) election monitoring report, most of the media devoted a disproportionably large amount of time to the activities of the authorities, thus creating an environment more favorable to incumbents. Journalists throughout BiH remain subject to violent threats and political pressure, and there is growing concern over the influence of organized crime on the media. From January through June 2006, the Free Media Help Line documented 41 reported violations of journalists' freedoms, including instances of pressure by politicians and law enforcement officials. A journalist from the public broadcaster BH1-TV received over a hundred intimidating telephone calls in November after airing an investigative report about an alleged prostitution ring involving a number of public officials whose names were not revealed. Some media analysts argue that the current prime minister of Republika Srpska, Milorad Dodik, has tightened control over the media in the entity, citing in part his government's July 2006 decision to replace the managing director of the state news agency, SRNA, with one of Dodik's party colleagues.
Numerous independent electronic and print media organizations operate in BiH, but most are closely aligned to either economic or political interests. Some media owners perceive that their economic well-being depends on their good relationships with various political figures, and the government also strongly influences media coverage through its advertising subsidies. This most likely explains the lack of editorials critical of influential politicians among certain media holdings. Overtly critical media outlets tend to have difficulty attracting advertising revenue, which has led to self-censorship. Many journalists are inadequately paid and face challenging economic conditions. Managers at privately owned media outlets were responsible for the bulk of violations of journalists' employee rights in 2006; a number of journalists reported working without legally mandated contracts and health benefits. Internet access is unrestricted, and although the number of users in BiH has increased dramatically in recent years, it remains low at 17 percent of the population.
Botswana: PF 8-16-11=35
Freedom of speech and of the press is provided for in the constitution, and the government generally respects these rights in practice. However, recent years have seen deterioration in freedom of expression in Botswana. Libel is a civil offense, and in past years publications have been charged with defamation and have had to pay large amounts of money in court-ordered damages or as part of a settlement. The National Security Act (NSA), enacted in 1986 during Botswana's conflict with apartheid South Africa, remains on the books and has been used to restrict reporting on government activities. In August, the government presented parliament with a draft version of the Botswana Broadcasting Bill. The Bill included plans to establish a new community broadcasting sector-though the number of licenses available to community radio and television stations was not specified-as well as a public entity to monitor the quality and objectivity of state-owned media. Botswana does not have a freedom of information law, and critics accuse the government of excessive secrecy.
Journalists are occasionally threatened, harassed, or attacked in retaliation for their reporting. This was a particularly acute problem in 2005 when the government employed immigration legislation to deport two Zimbabwean journalists, Rodrick Mukumbira and Charles Chirinda, who had criticized state policies; both were not given specific reasons for their expulsion. Also in 2005, Kenneth Good, an Australian-born academic who criticized as undemocratic certain elements of Botswana's political system, was charged under the NSA and deported.
Independent print media and radio stations provide vigorous scrutiny of the government and air a wide range of opinions, mostly without government interference. Several independent newspapers and magazines are published in the capital. However, the state-owned Botswana Press Agency dominates the media landscape via its Daily News newspaper and two nationally broadcast FM radio stations; radio remains the chief source of news for the majority of the population. Botswana Television, also owned by the state, is the country's only source of local television news. Government-controlled media outlets generally confine themselves to coverage that is supportive of official policies and do not adequately cover the activities or viewpoints of opposition parties and other critics. The government sometimes censors or otherwise restricts news sources or stories that it finds undesirable, and editorial interference in the state-owned media from the Ministry of Communication, Science, and Technology has increased in recent years. In September, press freedom advocates and opposition political parties condemned a government warning to state-owned media to exercise "maximum patriotic solidarity, collective responsibility, [and] allegiance to country and nation" in reporting about the Central Kalahari Game Reserve. Radio Botswana's popular call-in segment of the morning show Masa-a-sele, suspended in 2003, began broadcasting again in 2006. Privately owned radio stations and the sole private television station have a limited reach, particularly within the rural districts; however, Botswana can easily receive broadcasts from neighboring South Africa. The financial viability of Botswana's independent newspapers is undermined by the fact that the Daily News is distributed nationwide at no cost. Internet access is unrestricted, though access is limited to approximately three percent of the population because of poverty and other financial constraints.
Brazil: PF 15-16-11=42
Freedom of speech and of the press is protected by the 1988 Constitution and Brazil has a diverse and vigorous media system. Nevertheless, press freedom was affected by negative developments in 2006. In the legal front, lower courts and electoral tribunals have issued rulings that continued to criminalize defamation. In terms of social and political environments, the intensification of criminal activities by drug trafficking gangs has imposed a number of important constraints to the press.
Articles 5 and 220 of the Constitution guarantee freedom from "restriction" of thought, process or medium; however, journalists faced some difficulties when reporting on the general elections of October 2006. Although the elections were free and fair, they were marked by several political scandals involving President Luis Inácio Lula da Silva's administration and his political party, Workers' Party or Partido dos Trabahladores (PT). For example, two weeks before the election, the Federal Police detained two PT members with about 790,000 dollars. According to investigations, the money was going to be used to purchase a "dossier" with photographs and videos that linked two leaders of the main opposition party, Brazilian Social Democracy Party (PSDB) to a corruption scheme. On October 31 three reporters of the country's leading weekly news magazine, Veja, were threatened by Federal Police officers while giving a deposition about the dossier scandal. Later, it was revealed that one of the telephones of the leading newspaper, Folha de S. Paulo, in the press committee of the Chamber of Deputies was tapped during Federal Police investigation of the same scandal. Although the judiciary had authorized the tapping, the contacts of the reporters were exposed, violating individual privacy rights, as well as the right of journalists to protect the anonymity of their sources. Also on October 31, Correio do Estado editor Fausto Brites was found guilty of defamantion and sentenced to 10 months in prison and fined approximately $875.
Civil and electoral judges have also limited the ability of journalists to report on the activities of politicians and candidates. On May 8, the Civil Court of Campo Grande granted an injunction to a candidate for the governorship of the Mato Grosso do Sul state against the newspaper Correio do Estado. On May 17, the regional electoral court in the northern state of Amapá ordered the weekly Folha do Amapá to remove its May 12 online edition, following a petition by the party of the state's governor. The two cases involved the reporting of irregularities by public officials or candidates. The rise of criminal organizations and the general intensification of violence have affected the news media. In May, the criminal gang First Capital Command (PCC) organized a wave of attacks in the state of São Paulo, which included prison rebellions, bank robberies, and attacks on police stations and government buildings. According to some sources, more than 400 people died in the conflicts. On May 18, three heavily armed men invaded the daily Imprensa Livre in São Sebastião, in the state of São Paulo. The assailants set the building on fire and hit five employees, telling them to stop reporting on the PCC. A few months later, on August 12, reporter Guilherme Portanova and technician Alexandre
Calado, both from the country's main television network, TV Globo, were abducted in São Paulo by PCC members. Calado was freed the next day with a recorded message demanding improved conditions for prisoners in Brazilian jails. The kidnappers announced they would kill Portanova if TV Globo did not broadcast the three-minute tape. The journalist was freed only after the network ran the criminals' message. Among other cases of attacks on the press, Reporters Sans Frontieres (RSF) reported the assassination of journalist Ajuricaba Monassa de Paula in the city of Guapirimim (Rio de Janeiro state) on July 24. According to RSF, he was beaten to death by town councilor Osvaldo Vivas after reporting on financial irregularities in the local government.
As South America's largest media market, Brazil boasts dynamic and diverse media able to provide a lively array of views, including investigative reporting published through privately owned newspapers, magazines, and online periodicals. However, despite the pluralism of Brazil's media, ownership is highly concentrated, particularly within the broadcast sector. Globo Organizations, a large media conglomerate, continues to enjoy a dominant position, maintaining ownership of Brazil's primary television network, radio stations, print media, and cable television distribution. Several new community radio stations requested broadcast licenses during the year. There are no restrictions to the internet, which is accessible in 17 percent of the population; Brazil has the largest number of internet users in South America.
Brunei: NF 28-26-22=76
The absolute monarchy of Sultan Hassanal Bolkiah and emergency laws-in effect for nearly half a century-continue to restrict journalists and limit the diversity of media content in Brunei. Since 2001, harsh press legislation has required that newspapers apply for annual publishing permits and that noncitizens obtain government approval to work as journalists. The government has the authority to arbitrarily shut down media outlets and to bar distribution of foreign publications. Journalists can be jailed for up to three years for reporting "false and malicious" news. The May 2005 Sedition Act further restricted press freedom by expanding the list of punishable offenses to include criticisms of the sultan, the royal family, or the prominence of the national philosophy, the Malay Islamic monarchy concept. Under the amended act, persons convicted of such crimes, or any publishers, editors, or proprietors of a newspaper publishing matters with seditious intention, face fines of up to B$5,000 (US$2,965).
Media are not able to convey a diversity of viewpoints and opinions, and criticism of the government is rare. The private press is either owned or controlled by the sultan's family or practices self-censorship on political and religious matters. The country's main English-language daily newspaper, the Borneo Bulletin, is controlled by the sultan's family and generally practices self-censorship to avoid angering the government, though
it does publish letters to the editor that criticize government policies. A second English-language daily, the Brunei Times, was launched in July by a media company run by an group of prominent businessmen, after receiving permission from the sultan. While the paper is run out of an office away from the city center and covers a wider range of international news, its global focus is intended to help foster international investment in light of the country's depleting oil and gas reserves, thus falling in line with current government priorities. A smaller Malay newspaper and several Chinese newspapers are also published within Brunei. The only local broadcast outlets, including the country's one television station, are operated by the government-controlled Radio Television Brunei, but residents can also receive Malaysian broadcasts, and international news is available via satellite channels.
With roughly 33 percent of the population accessing the Internet, Internet usage is growing and access is reportedly unrestricted. Yet, the primary internet service provider is state owned and the country's internet practice code stipulates that content must not be subversive, promote illegitimate reform efforts, incite disharmony or instability, or fall out of line with "Brunei Darussalam's religious values, social and societal mores." It also requires all sites that carry content or discuss issues of a religious or political nature to register with the Broadcasting Authority and makes failure to register punishable on conviction to imprisonment for up to three years and/or a fine of up to $200,000. The government stepped up Internet monitoring efforts in 2006 by calling on internet cafes to install firewalls to prevent users from viewing immoral content and, according to the U.S. State Department 2006 Human Rights report, monitoring private e-mail and Internet chatroom exchanges of citizens believed to be subversive.
Bulgaria: PF 10-12-12=34
The law provides for freedom of speech and of the press, and the government generally respects these rights in practice. However, the government's manipulation of media and the judiciary's lack of independence are causes for concern. Defamation is punishable by high fines, and many suits are filed in response to published reports detailing corruption of high-level officials. Although the courts usually decline to impose fines, the threat of legal action has led to some self-censorship. The government in 2006 moved to increase public access to the Communist-era archives of the state security service, which contain files identifying past informants and collaborators. Under the new policy, agreed to by the main political parties in October and passed by parliament in December, an independent commission would control the archives, which had previously been at the disposal of the interior minister. Except during a period of openness from 1997 to 2001, the government had often selectively leaked information on politicians and other public figures, including journalists. Critics of the new arrangement said the ruling Bulgarian
Socialist Party, the political heirs of the Communists, had agreed to open the archives only because the most damaging files had long since been destroyed. Others noted that current Prime Minister Sergei Stanishev was too young to fear exposure of any personal wrongdoing.
Media outlets express a diverse range of public and political views, in most cases without government interference. Although the state-owned media are often critical of the government's actions, they remain vulnerable to political influence. Bulgarian National Television (BNT) was drawn into the October 2006 presidential campaign when the ultimately unsuccessful candidate of the nationalist Ataka party, Volen Siderov, pledged to eliminate content for the ethnic Turkish minority. The country's journalists continue to face pressure and intimidation aimed at protecting economic, political, and criminal interests. In April 2006, a bomb exploded outside the apartment of Vasil Ivanov, an investigative reporter for the private Nova TV station. The blast caused serious property damage but no injuries. Ivanov had previously received death threats linked to his work, which involved organized crime, prison abuse, and other topics.
There are a large number of private media outlets as well as publications disseminated by political parties and interest groups. However, state broadcasters BNT and Bulgarian National Radio (BNR) continue to dominate their respective markets, and have yet to be fully transformed into public-service broadcasters. At the end of 2005, the parliament included provisions in the budget that allowed the two broadcasters to air as much advertising as private stations, even though they would still receive state subsidies. The measure potentially violated European Union competition rules as Bulgaria prepared to join the bloc in January 2007. It also threatened the fragile economic prospects of private outlets, since commercial sponsors would likely shift ad funding to the larger stations. Internet access is not restricted by government, and is use by almost 30 percent of the population.
Burkina Faso: PF 12-14-13=39
Freedom of speech is protected by the constitution under Article 8, and this right is usually respected by the government in practice. However, under the 1993 information code, media outlets may be summarily banned if they are accused of distributing false information or endangering national security. Libel laws are also unfavorable to the press and put the burden of proof on the defendant. No law exists to guarantee equal access to information. The Supreme Council of Communication-which operates within the presidential office with limited independence-acts as the regulatory body for the media.
The most significant event for freedom of the press in Burkina Faso in 2006 involved the high profile investigation of the 1998 murder of prominent journalist Norbert Zongo. In July, the presiding judge dismissed the case against a presidential
guard, the only person ever formally charged in the murder. A month later, the appeal made by Zongo's family was also dismissed. This effectively closed the case until new evidence could be submitted that might strengthen existing charges found to be insufficient. An attempt in October by Reporters Sans Frontieres to submit such evidence and reopen the case also proved unsuccessful. In another example of judicial disinterest in protecting the principles of press freedom, the policemen who beat a journalist covering the Hajj pilgrimage in February 2005 have yet to be formally accused by a court. In addition, Burkinabe journalists experienced occasional instances of harassment in 2006. During a January 16 demonstration, police confiscated the camera of a reporter with L'Independent and held it for the duration of the demonstration; and in April security forces detained and questioned a journalist for the private Le Pays following an interview he conducted with former soldiers accused of attempting to stage a coup.
A very open media regularly reports on the activities of the executive branch, and criticism of government action or inaction is regularly voiced. Although the state-operated media function with a noticeable pro-government bias, the media is generally free of overt censorship, and several newspapers were openly anti-government. The state-run television station, TNB, accepted funding, for remodeling the station headquarters, from a number of major private sources, including the wealthy entrepreneur Oumarou Kanazoé whom many consider to be a suspect in the Zongo case. TNB denies that this funding will influence coverage. Access to international print and broadcast media and the internet remains unrestricted by the government, but infrastructure limitations and poverty have held the percentage of the population able to access the internet at less than one percent.
Burma (Myanmar): NF 30-38-28=96
The Burmese media environment remained among the most tightly restricted in the world in 2006. The ruling military junta zealously implements a 1996 decree banning speech or statements that "undermine national stability," and those who publicly express or disseminate views that are critical of the regime are subject to strict penalties, including lengthy prison terms. A number of journalists and writers continued to serve lengthy sentences as a result of expressing dissident views. Other laws require private publications to apply for annual licenses and criminalize the use of unregistered telecommunications equipment, satellite dishes, computers, and software.
Private periodicals are subject to prepublication censorship under the 1962 Printers and Publishers Registration Act, which requires that all content be approved by the authorities. As a result, coverage is limited to a small range of permissible topics, publications are sometimes forced to carry government-produced articles, and most publications are forced to appear as weeklies or monthlies. A new Press Scrutiny and
Registration Division (PSRD), under the control of the Ministry of Information, was established in April 2005, at which time all publications were required to reregister with the PSRD and provide detailed information about staff, ownership, and financial backing. Under new censorship rules that came into effect in July 2005, media are ostensibly allowed to offer criticism of government projects as long as it is deemed "constructive" and are allowed to report on natural disasters and poverty as long as it does not affect the national interest. Several favored publications were able to take advantage of this greater leniency during the year, although others that aroused the ire of censorship authorities were banned from distributing editions or carrying stories by certain writers.
Both local and foreign journalists' ability to cover the news is restricted. Two Burmese photojournalists who photographed buildings in the new capital were arrested in March and sentenced to three year prison terms. A few foreign reporters are allowed to enter Burma only on special visas; they are generally subjected to intense scrutiny while in the country and in past years have occasionally been deported. However, some foreign correspondents were invited to cover the October session of the National Convention. A number of Burmese journalists remain in exile; many work for Burma-focused media outlets based in the neighboring countries of India, Bangladesh, and Thailand. The Burma Media Association reported in February that the government had launched a campaign to track down and imprison people who gave information to international and exile-run media outlets. Several journalists, businessmen, and civil servants have reportedly been interrogated in relation to the program.
The government owns all broadcast media and daily newspapers and exercises tight control over a growing number of privately owned weekly and monthly publications. While official media outlets serve solely as mouthpieces of the state, private media generally avoid covering domestic political news, and the vast majority of journalists practice extensive self-censorship. Many nominally private outlets are owned either by government agents or supporters. A stagnant economy, increased prices for newsprint, and a limited market for advertising revenue (following a 2002 ban on advertising Thai products) continue to threaten the financial viability of the private press. Authorities restrict the importation of foreign news periodicals, and although some people have access to international shortwave radio or satellite television, those caught accessing foreign broadcasts can be arrested, according to the Committee to Protect Journalists. Nevertheless, as the only source of uncensored information, foreign radio programs produced by the Voice of America, Radio Free Asia, and Democratic Voice of Burma services are very popular.
The internet, which operates in a limited fashion in the cities, is expensive, tightly regulated, and censored, with the government controlling all of the several dozen domestic internet service providers. Authorities have upgraded filtering and surveillance technologies, and actively engage in blocking access to websites run by Burmese exile groups and to international email services such as Yahoo, Hotmail, and Gmail.
Burundi: NF 22-31-24=77
Burundi has missed a unique opportunity to improve its press freedom status following the 2005 democratic election-the first since 1993-and the September 2006 signing of a ceasefire agreement with the last remaining rebel organization. Instead, the government abused its consolidated power and began a targeted crackdown on critical media outlets. The transitional constitution does provide for freedom of expression, but most media legislation is vague about the offences for which a journalist may be charged. For example, the 1997 Press Law forbids the dissemination of "information inciting civil disobedience or serving as propaganda for enemies of the Burundian nation during a time of war." The November 2003 Media Law also provides for harsh fines and prison terms of up to five years for the dissemination of information that insults the president or is defamatory towards other individuals. However, according to the International Crisis Group, a new law is being drafted which would more accurately define the responsibilities and duties of the media.
With the control that the Hutu-dominated ruling party has over government institutions and the disunity of the rival political parties, much of this year's opposition originated from within the media and civil society. This fact, along with the alleged Tutsi dominance of the media elite, has propelled the government's harassment and detention of media personnel in 2006. After the exposure of an alleged coup attempt and the subsequent arrest and torture of several prominent opposition leaders, the government directly targeted a number of media outlets that questioned the veracity of the supposed coup attempt. In November, two journalists with the privately-owned Radio Publique Africaine (RPA)-a frequent government target in recent years-and the director of Radio Isanganiro-a station backed by the American NGO Search for Common Ground-were all charged with "violating state secrecy" and sentenced to prison for publishing information about the alleged coup; all three journalists remained incarcerated at year's end. In September, following three months of illegal pre-trial detention, Aloys Kabura, a reporter with the state-run Agence Burundaise de Presse, was also sentenced to prison for five months for making critical comments about the police's temporary detention of 30 journalists at a news conference in mid-April. According to the Committee to Protect Journalists, this made Burundi Africa's third leading jailer of journalists for 2006.
Burundi's only daily newspaper, Le Renouveau, is controlled by the government along with the nation's sole television station and the only nationally-broadcasted radio station. Six private publications operate on a weekly basis while private radio stations broadcast only irregularly and most are restricted to Bujumbura. Private ownership tends to be highly concentrated, but outlets do represent a wide range of opinions and some, like RPA, manage to present diverse and balanced coverage. No government restrictions on internet access are apparent, though the National Communication Council bans websites from "posting documents or other statements by political organizations that disseminate hate or violence," and due to economic and infrastructure limitations, less than one percent of the population was able to access this new media in 2006.
Cambodia: PF 18-21-19=58
Status change explanation: Cambodia's status improved from Not Free to Partly Free to reflect the decriminalization of defamation in May 2006, as well as a reduction in harassment of journalists.
The Cambodian media environment improved in 2006 as a result of changes to the defamation law and a continued decline in harassment and attacks on the press. The constitution guarantees the right to free expression and a free press, and while the 1995 Press Law also theoretically protects press freedom, the government has used it to censor stories deemed to undermine political stability. Under Article 12, the employer, editor, or author of an article may be subject to a fine of 5 million to 15 million riels ($1,282 to $ 3,846). The law also gives the Ministries of Information and the Interior the right to confiscate or suspend a publication for 30 days and transfer the case to court. Article 13 states that the press shall not publish or reproduce false information that humiliates or is in contempt of national institutions. In May the National Assembly dropped criminal charges for defamation, though civil suits with potentially onerous fines remain in law and in use by political figures. The law represents a significant step forward for the Cambodian press, as criminal defamation charges had been used frequently to harass reporters who published articles critical of public figures. The ruling should allow journalists greater freedom to report on sensitive issues without fear of reprisal.
Press coverage in Cambodia is vigorous, and journalists regularly expose official corruption and scrutinize the government. Attacks against the press have declined significantly in recent years, although several cases of harassment and threats were reported in 2006. In January, two journalists and one journalist/activist who had been imprisoned for defamation in October 2005 were released on bail, though the courts refused to drop the charges against them. In July, the Deputy Prime Minister filed defamation charges against the publisher of the Khmer language newspaper Meneaskseka, following a June 13 article accusing the government of corruption. Another reporter for the occasional newspaper Samrek Yutethor was arrested while reporting on the eviction of squatters in a property dispute. On July 7, the Committee to Protect Journalists (CPJ) issued a protest against death threats aimed at the editor of the bi-weekly Sralanh Khmer, which had published an article criticizing the nephew of the Prime Minister for corrupt land seizures in Cambodia's northeast Mondolkiri province. In August, the Cambodian Television Network was forced to pull a current affairs program, Cambodia Today, after the prime minister accused the program of damaging the nation's reputation.
Journalists from more than 20 publications aligned with or subsidized by various political factions are unbridled in criticizing their adversaries and public officials but
generally do not criticize the king. The ruling Cambodian People's Party, its coalition partner the Royalist Party (Funcinpec), and the opposition Sam Rainsy Party each has its own newspaper. Overall, approximately 20 Khmer language newspapers are published on a regular basis. However, the government dominates both radio and TV, the main media sources for the two-thirds of the population that are functionally illiterate, and broadcast programming generally reflects official viewpoints. Independent broadcast outlets' operations are constrained by the refusal to allocate radio and television frequencies to stations that are aligned with the opposition. In addition, the economy is not strong enough to generate sufficient advertising revenues to support truly neutral or independent media. Access to foreign broadcasts and to the internet is generally unrestricted although due to infrastructure and economic constraints less than 0.5 percent of the population was able to access the internet in 2006.
Cameroon: NF 20-25-22=67
The Constitution of the Republic of Cameroon provides for freedom of the press and of speech, but the government restricts these rights in practice. Criminal libel laws are regularly used to silence criticisms of the state and government officials. Although much of the independent press did persist in reporting critically about the government in 2006, a number of critics were prosecuted under the libel laws, and the threat of prosecution led many, particularly within the broadcast media, to self-censor their material. The most high-profile instance of such criminal libel convictions was when a number of newspapers published a list of supposed "secret homosexuals" within the government in January and February. Although this list was potentially offensive and insulting, the punishments of imprisonment and exorbitant fines that were handed out were disproportionate to the crimes committed. In March, Jean-Pierre Amougou Belinga, publisher of L'Anecdote was sentenced to four months in prison and a $2,000 fine, while Ayissi Biola, publisher of Nouvelle Afrique was sentenced to six months imprisonment and order to pay a total of $6,000 in damages to two separate plaintiffs. Separately, many other journalists were convicted of libel by the courts; most received suspended prison sentences. These included Dieudonne Mveng, publisher of La Meteo; Socrate Dipanda, publisher of Le Constat; Peter William Mandio, publisher of Le Front; Henriette Ekwe, a Le Front columnist; and Georges Gilbert Baongla, publisher of Le Dementi.
Journalists were arbitrarily arrested, detained, harassed, intimidated and physically abused in 2006, while some publications were confiscated by the state. In January, unidentified assailants set fire to Freedom FM, a private radio station that had yet to begin operations. In 2003, the government had originally forced the station to close before it ever began operating and refused to lift the ban until 2005. In November, after receiving numerous threats leading up to a radio show asking listeners to offer their
opinion about the Biya regime, Agnes Taile, the host of the popular program on the local Sweet FM, was abducted from her home, beaten, and left for dead. Other instances of harassment of journalists included the illegal 5 day detention of Duke Atangana Etotogo, the managing editor of L'Afrique Centrale by the military security in September after he published articles address corruption and incompetence within the army.
There are about 25 regularly published newspapers; among them are the privately operating Mutations, La Nouvelle Expression, and Le Messager, as well as the state's Cameroon Tribune which toes the government line in the majority of its coverage. Many of the private papers freely criticize government policies and report on controversial issues, including corruption, human rights abuses, homosexuality, and economic policies. Distribution problems and high government tariffs on production ensure that newspapers remain a uniquely urban phenomenon. There are about 20 privately-owned broadcast stations, among them five are television stations. The state owned CRTV broadcasts on both television and radio and was the only officially recognized and fully licensed broadcaster in the country. In general, the broadcast media is tightly controlled by the government and discussion or advocacy of secession is strictly prohibited. Several rural community radio stations were established by UNESCO in 2006, though they are all limited in the range of their broadcast capacity and prohibited from discussing politics at all. Foreign broadcasters, including the BBC and Radio France Internationale, are permitted to operate within Cameroon but they must partner with the state-owned CRTV. Despite the signing into law of the National Anticorruption Commission, corruption is rampant in many sectors of the media; many journalists expect and accept payment from politicians for writing articles containing unsubstantiated allegations against their opponents. Access to internet is not limited by the government although slow connections and high fees at cyber cafes serve to restrict access to only 1.5 percent of the population.
Canada: F 3-8-6=17
Canada's constitution of 1982 provides protection for freedom of expression, including freedom of the press. Defamatory or blasphemous libel remains a criminal offense under the federal criminal code. Access to information laws guarantee journalists' right to information, but in practice access can be hindered by bureaucratic delays, government interference, and numerous exemptions allowing government officials to reject requests. Although a 2006 accountability bill has expanded the number of government entities covered by information laws, the bill has been criticized for including several loopholes which will allow officials to decline information requests. In October 2006, a superior court judge struck down aspects of the security and information act. The act had prohibited unauthorized communication and possession of sensitive government documents; anyone found guilty of providing, receiving, or hearing "secret" information
could be punished with up to 14 years in prison. The court deemed that the law was "vague, overbroad, and open to misuse," and in violation of the press freedom guarantee in the Charter of Rights and Freedoms.
Journalists are free from violence or harassment, although under a 2004 law reporters can be forced to present documents to the police if deemed vital for a criminal case. In February, Hamilton Spectator journalist Bill Dunphy was ordered to hand over notes of an interview related to a murder case. The case is currently under appeal. In 2004 another reporter for the paper, Ken Peters, was fined C$30,000 for refusing to give up sources, a charge that was dropped when the source came forward independently. In February, two writers for the Canadian Medical Journal were fired after publishing a controversial article regarding the emergency contraceptive drug known as Plan B. The majority of the editorial board resigned shortly after, alleging editorial interference by the journal's owners, the Canadian Medical Association.
Both print and broadcast media, which include the public Canadian Broadcasting Corporation (CBC), are generally free to express diverse views. CBC was initially established in the 1930s to counter the growing influence of American radio. Now it broadcasts in French and English, and provides TV and radio services for indigenous peoples in the north. Broadcasting rules stipulate that 30-35% of material must be Canadian. Nonetheless, the extent of media concentration and the influence of powerful media conglomerates such as CanWest Global Communications continue to limit media pluralism. The internet is generally free and is used by roughly 22 million Canadians; however in 2006 the Supreme Court refused to hear the case of Cheickh Bangoura. Bangoura, a former UN employee living in Toronto, had brought a libel case against the U.S.-based Washington Post for a report published on the internet accusing Bangoura of improprieties while serving with the UN in Kenya. The Supreme Court stated that anyone who publishes on the internet is aware of the "global reach" and must take the consequences into consideration beforehand. Critics claim the ruling will discourage a "free flow" of information.
Cape Verde: F 5-10-14=29
Status change explanation: Cape Verde's rating improved from Partly Free to Free as a result of the continued consolidation of democratic trends leading to greater opening in the media environment and a decrease in the number of cases of legal harassment of, and attacks on, journalists.
The constitution directly provides for freedom of the press, as well as confidentiality of sources, access to information, and freedom from arbitrary arrest. In recent years, the government has consistently demonstrated its ability to respect and protect these rights in
practice, making Cape Verde an exemplary country in Africa. A 1999 constitutional amendment still excludes the use of freedom of expression as a defense in defamation cases; however there have been no such libel cases since 2002. While the law requires a formal licensing mechanism for mass media, there have been no reports of the government refusing such licenses for political reasons and no government authorization at all is needed for the establishment of a print publication. There were also no reported cases of political or extra-judicial intimidation or violence in 2006.
Much of the media is state operated, although there are a growing number of private publications and broadcast outlets. There are three privately-owned newspapers and one run by the state. While there are six independent radio stations that broadcast regularly in Cape Verde, the government owns a national radio station as well as the only national television station. The government does not generally restrict access to the media that it controls; nonetheless, a number of opposition political candidates reported having trouble accessing air time on the state broadcasters for the February presidential election. Self-censorship is also widely practiced among journalists and has been one of the largest obstacles in Cape Verde to the creation of a truly free press. Geographical barriers and harsh terrain in a country made up of several islands also constitute impediments to the distribution of newspapers and other media products. Access to the internet is not restricted by the government, and email messages and foreign broadcasts are uncensored.
Central African Republic: PF 18-21-19=58
Status change explanation: Central African Republic's rating improved from Not Free to Partly Free as a result of improvements in the environment for the media following the government's adherence to, and enforcement of, the new press law and constitution passed in 2005 respecting freedom of expression and decriminalizing libel.
The 2005 constitution provides for freedom of the press, though authorities have used intimidation and legal harassment to limit reporting, particularly on sensitive topics such as official corruption. In December 2005, an overwhelming majority of voters approved this new constitution, which recognizes the freedom to inform and express opinions as fundamental rights of the country's citizens. In addition, a new press law decriminalizing many press offenses, including defamation and slander, was approved by President François Bozize in early 2005; criminal penalties remain for incitement to ethnic or religious hatred, and for the publication or broadcast of false information that could "disturb the peace." In 2006, the government generally respected these new laws-a noticeable improvement from the previous year when the security forces arrested, detained, and threatened journalists.
Maka Gbossokotto, one of the CAR's most prominent journalists and a correspondent for Reporters Sans Frontieres, led the struggle to decriminalize press offenses after his own imprisonment for defamation in 2004. No journalist was imprisoned in 2006, but Gbossokotto, who edits the independent daily Le Citoyen, received threats in January from a former member of the presidential guard after Le Citoyen reported on an outbreak of violence between factions of the military police in the capital, Bangui. The same month, Bozize dissolved the executive board of the newly created High Communications Council (HCC), in what appeared to be an attempt to strengthen the government's control of the media regulatory body. However, in July the president agreed to pass a new decree mandating parity between representatives of the private and public media within the Council, a move supported by local journalists' organizations.
More than 30 newspapers published, with varying degrees of regularity, in 2006. Many of these were privately owned, including at least three independent dailies, and most were able to report on political issues such as government corruption and economic policies. Nonetheless, meager salaries and real or self-imposed censorship in a less than dynamic media market continue to hamper the editorial freedom of news organizations. The CAR's private press is restricted almost entirely to the capital, the result of financial constraints as well as the danger of working in the countryside, where anti-Bozize rebels as well as militias connected to the ongoing conflicts in neighboring Sudan and Chad operate with impunity. The state remains dominant in the broadcast sector, and private radio stations, reined in by legal and financial restrictions, are often intimidated by the powerful. A prominent exception is Radio Ndeke Luka, a joint initiative of the United Nations and the Switzerland-based Fondation Hirondelle, which broadcasts on FM in the capital and on short-wave in the rest of the country. Internet access is open and unrestricted, though communications infrastructure is almost non-existent outside of Bangui and less than 0.5 percent of the population was able to make use of this medium in 2006.
Chad: NF 23-30-21=74
The constitution allows for freedom of expression, but authorities have routinely used threats and legal provisions criminalizing defamation and vaguely defined "incitement" to imprison journalists and censor critical reporting. In Chad's conservative, ethnically polarized society, many subjects are considered off-limits for the press, including the armed rebellion on the border with Sudan and recurring tensions between tribal clans. The High Council of Communication (HCC), the official media regulatory body, has the authority to suspend publications and broadcast outlets for defamation or excessive criticism of the government, particularly President Idriss Déby. On November 13, 2006,
amid worsening violence in the volatile east which borders Darfur, the government instituted a state of emergency in six regions of Chad including the capital, N'Djamena. The state of emergency included a ban on newspaper and radio coverage of issues and events "likely to threaten public order, national unity, territorial integrity, and respect for the republican institutions," and required radio stations to submit their recorded material to government censors.
In the lead-up to presidential elections held on May 3, the government arrested Tchanguis Vatankah, president of the Chadian Union of Private Radios and director of an independent radio station in the remote southern town of Moissala, over a radio union press release criticizing HCC restrictions against broadcasting live political debates (Deby was reelected in a poll boycotted by the opposition). Vatankah was held for three weeks and released only after he pledged to stay out of politics, and to step down as head of the radio union. An Iranian national who has resided in Chad for decades, Vatankah has been a frequent target of government ire in the past in connection with his work for Radio Brakos in Moissala. Also in April, a journalist working FM Liberté in central Chad was briefly held by rebels as they advanced towards N'Djamena. In the months that followed, government censorship increased amid heightened civil conflict. Journalists in Chad are restricted from discussing Darfur or Chad's confrontations with the Sudanese government. In October, a journalist for the private weekly Notre Temps was detained for four days over an editorial critical of the government's conduct in the war.
Private newspapers, many of which were critical of the government before the state of emergency was imposed, circulate freely in the capital, N'Djamena, but they have little impact on the largely rural and illiterate population; radio is the primary means for mass communication. The only television station, Teletchad, is state owned, and its coverage favors the government. Despite high licensing fees for commercial radio stations, there are over a dozen private and community-run stations on the air, some operated by nonprofit groups (including human rights groups and the Roman Catholic Church). These broadcasters are subject to close official scrutiny, and those that fail to pay annual fees to the state are threatened with closure. Access to the internet is limited by the high level of poverty in Chad to less than 0.5 percent of the population, but the government refrains from restricting access to those who can afford it. Nonetheless, according to the U.S. State Department, the government does occasionally engage in monitoring e-mail through the main post office server.
Chile F 10-12-8=30
Chilean law provides for freedom of speech and of the press, but laws in the Penal Code, Code of Military Justice, and the State Security Law prohibit insulting state institutions such as the presidency, the legislature, and the judicial bodies exist and are applied.
Although violence towards journalists persists, there was at least one legal improvement during the year.
Post-Pinochet governments have generally respected the constitutional right to freedom of expression, but the definitive reform of the legal code has been more problematic. Desacato (disrespect) laws, which impede reporting on the government and military authorities, were eliminated from the penal code in 2005 and the same year Congress also reformed the constitution to eliminate defamation as an offense against public persons. However, desacato remains in the Code of Military Justice and can be applied against civilians. In addition, the ambiguously worded criminal prohibition of threats against public officials allows the law to be interpreted in much the same way as desacato, according to the Inter-American Court for Human Rights. While constitutional provisions allowing censorship have been eliminated, at least two books remain banned under judicial order, Humberto Palamara's "Etica y Servicios de Inteligencia," and Francisco Martorell's "Impunidad Diplomática," both since 1993. Supreme Court rulings have never equated judicial bans with censorship. The government did not act on a 2005 Inter-American Court ruling calling for the state to end the Palamara ban and modify prohibitive laws. On a brighter note, for the first time, the Inter-American Court ruled that access to information is a fundamental human right. The court ruled in September in favor of Chilean activists who were denied government information about Trillium Ltd., a U.S. company backing a controversial logging project. The court ordered Chile to release the information and adopt legal and other measures to guarantee effective access. Again, government compliance has yet to occur.
Investigative reporting and the expression of leftist viewpoints in the mass press continued to be difficult because of the concentration of state and private advertising in just two center-right newspaper companies. The newspaper Diario Siete, whose editor, Mónica González, won the 2005 Fundación Nuevo Periodismo prize, as well as the literary-political criticism magazine Rocinante, both closed for financial reasons. Some demanded state support for alternative publications, but the proposition is controversial. Chilean reporters, in part because of their experiences during the dictatorship and the narrow choice of viable employment, are considered among the hemisphere's most passive. Chile is considered a safe place to practice journalism. However, police or violent crowds injured several reporters last year. Six journalists were injured or detained by police during a student strike in August. President Michelle Bachelet called the attacks "unacceptable," and dismissed the head of the force responsible for the attacks. In May, two photographers were wounded and four media vehicles destroyed during a union march. Police arrested 70 suspects related to the attacks. In December, pro-Pinochet crowds insulted, beat or threw objects at reporters around the time of the former dictator's funeral.
Press ownership is highly concentrated in the hands of two companies that received preferential treatment during the conservative military dictatorship that left power in 1989. Left-oriented, investigative publications have trouble surviving financially and receive little or no government advertising. Chile's television system is a mixed public-private system and is considered among the Americas' most diverse; even those stations owned by the state are considered to be independent of government influence. However, indigenous voices are not fairly represented in the mainstream Chilean press. After an incident at the beginning of the year in which Jorge Molina, a
reporter for the online daily El Mostrador, was forced from his job after posting the names of former torturers, there were no further reported government restrictions on the internet in 2006. More than 40 percent of Chileans were able to access the internet in 2006.
China: NF 28-34-22=84
The year 2006 was marked by an increased crackdown on press freedom in China. President Hu Jintao's administration effectively silenced the Chinese press by introducing new media regulations, jailing outspoken journalists, and restricting coverage of breaking news. Article 35 of the Chinese constitution guarantees freedom of speech, assembly, association, and publication. However, other articles subordinate these rights to the national interest, which is defined by party-appointed courts. The Communist Party maintains direct control over the news media through the Central Propaganda Department (CPD), especially with respect to topics deemed by the party to be politically sensitive. This control is reinforced by an elaborate web of regulations and laws, which are vaguely worded and interpreted according to the wishes of the party leadership. Press freedom was further undermined in 2006 by two new regulations aimed at controlling the distribution of foreign news and media coverage of unforeseen events. In July, the Chinese government proposed fines of up to $12,500 for domestic and foreign news organizations that report "sudden events" such as protests, disease outbreaks, or natural disasters without government authorization. Two months later, the official Xinhua News Agency announced in a surprise move that all foreign news would be distributed solely through a Xinhua agent. The new measures allow Xinhua to censor news products from international news agencies if they "undermine national unity" or disrupt China's "economic and social order." While the distribution of news by foreign agencies in China was already tightly restricted, these new regulations extend the government's control over the distribution of economic and financial news by major foreign news providers such as Reuters and Bloomberg.
Throughout 2006, the Chinese government increased the pressure on the media to ensure compliance with the propaganda standards of the Communist Party. The efforts to control the domestic press reflected a rising number of public protests, the growing importance and availability of independent online news, and the nation's march toward a market economy that forces the Chinese media to become profitable. In January, the Propaganda Department shut down Bing Dian (Freezing Point), a weekly news supplement of the China Youth Daily known for its investigative reports and critical opinion pieces. While Bing Dian reopened in March, the weekly's editor and his deputy were removed from their posts and demoted. In April, the General Administration of Press and Publication (GAPP), China's publishing authority, decided to step up controls
over "illegal" foreign publications and to freeze the granting of publication licenses to joint ventures.
According to international media freedom watchdogs, 32 journalists and 50 internet-based "cyber-dissidents" were in prison in China at year's end. Two journalists, Wu Xianghu and Xiao Guopeng, died due to police violence in 2006. Wu was attacked in October 2005 by traffic police who were angry over a recently published exposé. He died in February 2006 following several months of hospitalization. Xiao was attacked and killed by a police officer in July 2006; press freedom groups said the attack might have been linked to a recent article that was critical of local police.
The convictions of two Chinese journalists working for foreign publications in China increased concern that the government was attempting to intimidate foreign correspondents and newspapers. According to Reporters Sans Frontieres, there were at least 25 incidents of arrests, threats, or assaults against members of the foreign press in 2006. The most prominent victim was Zhao Yan, a researcher working for the Beijing bureau of the New York Times who had been jailed in 2004 on a charge of leaking state secrets. While Zhao was acquitted of that charge in e