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Media Sustainability Index (MSI) - Europe and Eurasia

MSI Europe & Eurasia 2008

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Azerbaijan

Introduction

Overall Country Score: 1.84

“And then there were none.” Of course that is an exaggeration of the plight of opposition and independent journalists in Azerbaijan, but no less an exaggeration than the charges being brought against them by various members of the establishment. Although President Aliyev has prohibited members of his government from initiating litigation against reporters, that does not preclude that same government from employing stalking horses to do their bidding, from having members of the vast, pervasive police force set traps for journalists, or from demanding that opposition newspaper offices remove themselves from the area.

Defamation, libel, slander are all crimes that still are adjudicated under the penal code in Azerbaijan and the government is reluctant to remove it for “fear that the journalists will run amok” and that they do not know the difference between reporting the facts and prevarication or fabrication. There may be some truth to that statement, at least the second part of it. And, at this point, the focus is on the print media because that is the only sector that is not controlled or, at the least, the only one that the establishment has not been able to control, except by harassment or intimidation.

The opposition press is not totally without culpability. It does have the tendency to fill pages with egregious statements where one might find a thread of truth but seldom a balance, usually mixing editorial comments with innuendo and then ending with a damning conclusion but that should not excuse the powers that be from holding the ‘Damocles Sword’ of imprisonment over each of their heads.

Eight journalists were imprisoned during the 2007 calendar year from charges ranging from defaming Islam to inciting cultural hatred to hooliganism (the 120 pound editor of Azadliq was convicted of beating up a 200 pound police associate)….but the indictments hardly get to the truth of the purges. Not one of the journalists charged reported for a government sponsored newspaper and that list is nearly unfathomable since each government organ publishes its own paper and they are all “must reads” and filled with useful information if one considers propaganda to be utilitarian. All of the imprisoned worked for what is euphemistically called the “independent” press. But in Azerbaijan if one is not part of the establishment then one is against it and thus is a threat, and that threat always seem to come from the opposition press.

Objective 1: Freedom of Speech

Score: 2.01

Although the laws of Azerbaijan proclaim that speech is free, based upon the current situation, it appears that the consequences of speaking openly in the press are very costly. And, as the presidential elections draw nearer, free speech could become even more precious. So much so that the panel chose to evade the topic completely, focusing more on the court system and its impunity in dealing with the journalists who have been arrested, indicted and, in some cases, sentenced all in one day. According to one of the panelists, “there are no regulations or court system that defend public dignity and support normal freedom of speech.” 1 In short, criticism is not tolerated, either by the administration or those who support it and, if there is a question as to which way the scales of justice will be tipped when an action is brought to trial, the defendants have as yet to score. This was best explained by another panelist when he said, “The supreme organs of the government make regulations according to their own ideas but they basically ignore the expectations of the society. In fact, our courts are supposed to use European laws but, again, they never obey them in realization.” 2

The licensing of broadcasting facilities is not a huge issue in Azerbaijan since the regulatory body does not have control of the spectrum. Control rests in the hands of the Frequency Commission which is supposed to provide the National Television and Radio Council (NTRC) a list of available frequencies each year but the Commission seems loath to do that. In the past year only two television licenses have been awarded even though the spectrum has vast room for expansion, especially in radio. When the tenders are announced, NTRC does so in a whisper and only a chosen few have the ability to hear it. Ownership of broadcast licenses, for the most part, remains an enigma.

Taxes in Azerbaijan are problematic. Few of the newspapers are profitable and the broadcasters, other than those in Baku, are not even close to break even. It is not the tax system but the Ministry of Taxes that warrants examination. The administration uses that ministry as an enforcer; even if the entity being examined is as pure as a newborn babe, the intimidation the tax officials bring with them is enough to still the most strident voice among the opposition.

None of the panelists seemed to be able to recall any incident where a crime against a journalist, other than those that work for official organs, has ever been brought before the courts. On the other hand, there have been instances of beatings and intimidation by “private parties” against members of the opposition media. The assassination of Elmar Huseynov still remains unsolved as do the beatings of various reporters from both Azadliq and Yeni Musavat, both opposition newspapers.

Azerbaijan continues to be condemned by Western diplomats for retaining libel and slander as crimes punishable under the penal code yet the government refuses to consider them as civil suits. The officials offer the logic that, if the journalists knew they would not be jailed for these crimes they would run amok. Yet, even with the threat of imprisonment, journalists are still charged with the crime of libel. Perhaps it is because that the definition of libel has a different meaning in Azerbaijan and only those in authority have the ability to discern libel from an editorial comment.

Officially, all citizens of Azerbaijan have access to information. Realistically not all citizens are created equal and it also apparent that not all government agencies are aware of their obligation to provide information. The opposition media is among those unfortunates who have difficulty getting the information they require to inform their readership.

At this point there is no prohibition on receiving information from outside sources. However, the authorities have been known, within the past year, to restrict programming from such vaunted broadcasters as the BBC that was critical of the administration.

It is all too easy to enter the field of journalism in Azerbaijan. The journalism faculties of the universities are filled with students who have chosen journalism as their third, fourth or fifth course of study.

Objective 2: Professional Journalism

Score: 1.79

The panelists concede that very few Azerbaijani journalists adhere to an ethical approach to reporting and, instead, because it is easier perhaps, make up the facts as they go along. Second sourcing is an anomaly because it takes too much time and the beleaguered correspondent has so much to do.

On the question of journalists following ethical standards, the response is best summed up by Alesger Mammadli, the IREX staff attorney, when he replied, “I would say yes, but not completely.”

Censorship is not imposed by the authorities, it has no need to do so. As one of the publishers of the primary Russian language daily told a delegation from the US State Department recently, “There is a line we do not cross if we wish to survive.”

The panel conceded that the primary news events are covered but the information in news articles may vary dependent on which side of the political spectrum is reporting.

Journalists are among those at the bottom end of the pay scales, especially those employed in the print industry. The newspapers are understaffed and their journalists are overworked. According to the representative of Echo, “I know a newspaper which publishes eight pages a day but it has just five people in its staff. There is not enough money in media in order to make progress and professionalize.”

Entertainment does not overshadow the news delivery when it comes to the allocation of time on television, however there is a tremendous difference in the quality of the news productions. The Baku-based stations seem to have more interest in developing the sets for the news program than in the presentation of the information. If the same investment were made on developing the staff as building the anchor’s desk the quality would be vastly improved.

Baku is the center of media in Azerbaijan. Most of the newspapers are printed in the capital city and distributed from there throughout the regions, often days later, long after the news has been provided via the Baku-based television stations. The same could be said for the broadcast industry. There is no comparison between the facilities of the Baku stations and those in the regions except for newly reopened broadcaster in the tiny city of Xhamaz which has some questionable ownership and a facility that was estimated to cost several hundreds of thousands of dollars. Radio is an ignored medium. The NTRC is unwilling to consider the establishment of regional radio even though the spectrum is for the most part vacant. The NTRC contends that the stations would not be viable financially even though IREX has presented it with facts that prove the contrary.

Politics is the most discussed topic in the media. Each station has its own set of programs but the one that is considered to be the least biased is aired on Ictimayi (Public Television, produced by IREX). It is one of the very few where all segments of the political spectrum participate. Investigative reporting is a never-learned art, the opposition papers do not investigate; they merely print rumors or innuendo. Broadcasters are controlled by the authorities or owned by friends of the ruling party and thus anything that would shed a negative light on the establishment is verboten.

Objective 3: Plurality of News Sources

Score: 2.01

The primary source of information in Azerbaijan is television. Newspaper distribution has improved over the past couple years, primarily due to the intervention of IREX’s assistance to Gaya Distributing Company but even that is in jeopardy at this point now that the two government controlled distributors, Gasid and Azermetbuatyayim have been “privatized” and now come under the control of an organization called Caspi that is owned by Ali Hasanov of the presidential apparatus. Nonetheless, circulation of newspapers is diminishing precipitously. Television remains the most important news disseminator and that is controlled, either by the owners who have allegiance to the establishment or by the local authorities. The Internet is secondary mainly because access is limited, especially in the regions. But, even with its limitations, the authorities are taking steps to control content on the web. As an example, in the beginning of the year, when the electric company tripled its rates, a young gentleman complained on his blog and within three days he was arrested for “resisting the authorities.”

Azerbaijanis have many alternative sources of information from places other than Azerbaijan. BBC has a radio frequency as does Radio Liberty. Satellite dishes abound in the country and the fare is nearly limitless.

According to one of the panel participants, “The media does not reflect any political views. The media itself is a political view.” 3 None of the other panelists disagreed.

There are several news agencies in Baku. Most toe the line of the establishment. Those that do not are not given access to government functions. Reliability of national news is somewhat suspect especially among those that adhere to the policies of the current government.

The television stations each produce their own news programs yet there is a similarity among them all. Items of constant interest usually revolve around the status of Nagarno-Karabakh and the comings and goings of the president of Azerbaijan.

Aside from ANS-TV and some of the regional broadcasters where ownership is quite clear, the rest of the Baku stations, Lenkeran and even the ownership of the Xhamaz station are puzzles wrapped in enigmas. Rumors abound as to who owns what but it is assured that one does not operate without some attachment to the powers that be.

If political programming can be regarded as involving social interests then Azerbaijan has more than its fair share. But, aside from the occasional program about the displaced persons and their plight, which in essence is political, there is little that reflects the social conditions of the country.

Objective 4: Business Management

Score: 1.54

There are “haves” and “have nots” within the media. Newspapers definitely fall within the latter category. Most operate as subsistence businesses. Advertising revenue in print decrease as the circulation drops. Television, especially those that operate in Baku and have national licenses, draws the lion’s share of the advertising revenue, estimated to range near the $30 million level. But no matter how successful an operator is, independence in editorial policy still remains a distant goal. ANS-TV, long viewed as the most independent broadcaster in the country was closed for a short period when it became a bit too vocal. Of course, that was not the reason given for the closure, instead the license was suspended for airing commercials beyond the 15 percent limitation, an infraction that is prevalent among the capital city broadcasters. As for distribution companies, Gaya Distributing should be an example to all. The ownership is meticulous in its record-keeping and the efficiency of the operation has been a boon to the newspaper industry because, due to its business practices, Gaya does not require huge print runs and pays the publishers quickly.

Commercials are the main source of income for the broadcasters but some also rely on support from grants and “other” sources. There are rumors that revenue is controlled by the administration and there must be some credibility to this as most of the major advertisers are connected to the government, especially the very competitive banking industry.

The major international advertising agencies have resident agents in Baku but, for the most part, they rely upon the Baku stations to advertise their clients’ wares and services. At the present time, AGB/Nielsen, the international ratings service, restricts its polling to Baku and Ganja, the second largest city of Azerbaijan. It is in the midst of expanding its operations to include four other regions.

Television can be said to reflect the norm when it comes to the ratios of advertising revenue but print revenue has decreased significantly from the heydays of the late 1990s. There is probably only one paper in the country that has the 70/30 split that is considered appropriate. One of the panelists commented that, “The development of media depends on social and economic freedoms. Unfortunately, we do not have them.” 4

There are no specific subsidies for the media but when one considers that the advertising market is somewhat controlled, one may believe that the word “subsidy” may have a different definition in Azerbaijan.

As mentioned previously, AGB/Nielsen is working in Azerbaijan with its People-Meters and quarterly diaries. As far as can be determined, the real strategies come from the resident advertising agencies, not from the broadcasters. They would rather argue that AGB/Nielsen has been bought off by their competition.

Objective 5: Supporting Institutions

Score: 1.84

The indicator covering trade associations received absolutely the lowest grade of this questionnaire and that is reflective of how effective and active they are.

There are few organizations in Azerbaijan that are willing to defend the journalists in their battle with the courts. The Institute for Reporter’s Freedom and Safety is vocal but, in itself, is powerless. The Media Rights Institute is in the vanguard, appearing before the judiciary in most of the cases but, to date, has had limited success even when the defense presents irrefutable testimony and logic.

The journalism faculties in the state universities are mired in the theories of the Soviet era and nothing has been done to modify or improve that situation. Various Western trainers have done sporadic training but the mainstream of the journalists are untouched. Journalists have been taught the basics, the “dos” and the “don’ts” but their editors and publishers seem to be the obstruction to applying the ethics of journalism.

The State Customs Office controls the flow of newsprint and the supply seems to become scarce for some of the newspapers, usually during election periods. The state also maintains the primary printing facility but there is at least one privately held company that services mostly the opposition press. Unfortunately that press is in dire need of repair, even better, replacement.

Newspaper kiosks have been known to be confiscated and not returned, as is the case with Gaya Distributing, even though the president of the country ordered their return on July 22, 2005.

Panel Participants

  • Farid Gahramanov, correspondent, Turan news agency, Baku
  • Mahir Orujov, owner and president, Gutb (Horizon) TV, Guba region
  • Rashid Hajily, director, Media Rights Institute, Baku
  • Khadija Ismailova, Azerbaijani service correspondent, Radio Liberty, Baku
  • Elshad Farzaliyev, democratization assistant, OSCE, Baku
  • Sanan Rzayev, correspondent, Echo newspaper, Baku
  • Ilham Safarov, director, Internews, Baku
  • Gafar Jabiyev, member, National Teleradio Council, Baku
  • Tahir Mammadov, head of the public affairs department, iTV, Baku
  • Rovshan Hajiyev, editor, Azadliq (Liberty) newspaper, Baku
  • Emin Huseynov, director, Reporters’ Freedom and Protection Institute, Baku
  • Alesker Mammadli, media lawyer, Baku
  • Farman Nabiyev, editor, Mingachevir Ishiglari newspaper, Mingachevir

Moderator: Shahin Abbasov, deputy chief of party, IREX, Baku
Author: Shelly Markoff, chief of party, IREX, Baku
  1. Rashid Hajili, Media Rights Institute
  2. Alesger Mammadli, IREX attorney
  3. Rovshan Hajiyev, Azadliq newspaper
  4. Rovshan Hajiyev, Azadliq newspaper