the role of media in democracy: a strategic approachrole of media in democracy 1 i. introduction a...

CENTER FOR DEMOCRACY AND GOVERNANCE“...promoting the transition to and consolidation of democratic regimes throughout the world.”

THE ROLE OF MEDIA IN DEMOCRACY:A STRATEGIC APPROACH

June 1999

Technical Publication Series

Center for Democracy and GovernanceBureau for Global Programs, Field Support, and Research

U.S. Agency for International DevelopmentWashington, D.C. 20523-3100

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I. Introduction.............................................................................................................1II. Defining Goals: The Role of Media in Democracy...............................................3III. Mapping the Sector.................................................................................................5IV. Identifying Key Actors............................................................................................7V. Designing Media Strategies.....................................................................................9VI. Programmatic Approaches....................................................................................15VII. Conclusions.............................................................................................................35VIII. Appendices..............................................................................................................36IX. Strategic Approach Chart

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Role of Media in Democracy 1

I. INTRODUCTION

A leading Palestinian journalist is jailed in theWest Bank for broadcasting sessions of thePalestinian Legislative Council. Restrictivemedia laws in many post-communist countriescurtail media freedoms guaranteed by thesecountries' constitutions, or by internationalconventions that these countries have signed. InCentral America, a select group of powerfulfamilies control the media and threatendemocratic gains realized through the peaceprocesses of the 1990s. Government control ofprint and broadcast media in many Africancountries leave little scope for dissenting opinionsand, therefore, public debate.

Such are the obstacles to media freedom. TheU.S. Agency for International Development(USAID) and its partners have attempted toaddress these obstacles and to develop mediasectors around the globe that would contribute todemocracy. As such, support for media is animportant prong of U.S. democracy andgovernance assistance. USAID’s objective of theincreased development of a politically active civilsociety provides a strategic rationale for media-related activities. In addition, a desired result ofan enhanced free flow of information broadlystates the Agency's target for media activities.

While there is a significant range of activitieswhich could fall under the heading “mediasupport,” a distinction is made in this paperbetween those activities which might indirectlycontribute to media development (such as civiceducation or communication campaigns in thehealth and education sectors), and those whichare directly targeted to strengthen the media as aninstitution, specifically media sector support. Asthis strategic approach lays out, this media sectorsupport extends beyond training and includesreforming media laws, removing barriers toaccess, strengthening constituencies for reform,and capitalizing the media.Historically, there have been few, if any, toolsavailable to USAID country missions and theirpartners to help them think strategically about the

relationship between media and society, and themost effective ways to strengthen the media'scontribution to democracy. Given this, somemissions have been hesitant to engage in mediasector support, even though they recognize theimportant role it plays in democratic transitionand consolidation. Other missions, daunted bythe difficulty of reporting results in this field,have decided not to undertake media activities orto focus exclusively on training. Contextualfactors such as the lack of a legal enablingenvironment and political will within thegovernment, business, or civil society to supportmedia freedom all constrain missions' efforts inmedia sector support.

The majority of these media activities has beencarried out in the Europe and New IndependentStates region (ENI), with another significantamount taking place in the Latin America and theCaribbean region (LAC). Total USAID supportfor media development ranges from equipmentprovision and journalist training to media lawand policy development.

In addition there exist various USAIDmechanisms to support media sector developmentfrom the regional bureaus, field missions, and theOffice of Transition Initiatives (OTI) in theBureau of Humanitarian Response. For example,OTI programs have focused on the following:

• Supporting objective news and informationprograms, so that people can make informeddecisions and counter state-controlled media

• Cultivating alternative media, so thatmultiple voices and opinions will be heard

• Mobilizing popular participation in thetransition process

• Multiplying the impact of transition activitiesby disseminating information on successfullocal peace and participatory efforts

Within the Center for Democracy andGovernance, technical assistance and field

2 Role of Media in Democracy

support can be provided by Center staff, or byaccessing one of its civil society indefinitequantity contracts (IQCs). The primary purposeof these IQCs is to provide rapid-responsetechnical assistance to support civil societyprograms (including media) of USAID missionsand regional bureaus.

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Other U.S. government agencies have experiencein training media professionals and carrying outexchanges. Democracy officers should conferwith the Center as well as these other agencies, inparticular USIA, to ensure that our in-countryactivities are complementary.

The strategic approach presented in this paperoffers guidance to USAID missions, rather thanany blueprint, for making choices about whichmedia activities might be most appropriate in agiven context. In addition to suggesting a goal toguide USAID media programs, the approachprovides examples of successful media assistanceactivities and discusses factors influencing theirsuccess.

In Section II, the role of media in democracy isdefined and media’s place in USAID’s strategicframework and international conventions isoutlined. Section III addresses mapping the mediasector. Outside of the specific outlets that delivernews and information, what constitutes “media”and its support? The principal questions used tohelp shape media sector support strategies areidentified in Section IV. They are used todetermine who holds power to communicate in asociety, who has access to the means ofcommunication, and who is communicated to.Section V provides macro-level guidance on howto design media strategies.

With Section VI this paper turns to anexamination of a strategic approach for the mediasector. Chief components of any strategy areshaping the legal enabling environment,strengthening constituencies for reform, removingbarriers to access, training, and supporting

1 For further details, see the User's Guide for theCenter for Democracy and Governance, USAID.

capitalization of media. Best practices aredetailed for each of these issues.

Appendix A provides a list of partnerorganizations, web sites, and contact information.Appendix B suggests a methodology forconducting media sector assessments, based onthe Center’s Strategic Assessment Methodology.Appendix C contains the text of the 1991Windhoek Declaration. This declaration guidesthe work of a USAID partner, the Media Instituteof Southern Africa (MISA).


II. DEFINING GOALS:THE ROLE OF MEDIAIN DEMOCRACY

Access to information is essential to the health ofdemocracy for at least two reasons. First, itensures that citizens make responsible, informedchoices rather than acting out of ignorance ormisinformation. Second, information serves a“checking function” by ensuring that electedrepresentatives uphold their oaths of office andcarry out the wishes of those who elected them.In some societies, an antagonistic relationshipbetween media and government represents a vitaland healthy element of fully functioningdemocracies. In post-conflict or ethnicallyhomogenous societies such a conflictual, tension-ridden relationship may not be appropriate, butthe role of the press to disseminate information asa way of mediating between the state and allfacets of civil society remains critical.

Support for media is a critical prong of U.S.democracy and governance assistance. USAIDStrategic Objective 2.3, “Increased developmentof a politically active civil society,” provides arationale for media-related programming.Intermediate Result 2.3.4, “Enhanced free flowof information,” broadly states the Agency's goalfor media activities.

While media is considered by USAID to be a partof the civil society arena, it is well known thatmedia overlaps other functional areas ofdemocracy and governance. For example,support for media may yield results ingovernance activities, particularly those relatedto decentralization, anti-corruption, and citizenparticipation in the policy process. The rule oflaw may be further institutionalized by supportfor an independent media that keeps a check onthe judiciary, reports on the courts, and promotesa legal enabling environment suitable for pressfreedom. Free and fair elections conductedthrough transparent processes require a mediasector which gives candidates equal access, and

reports the relevant issues in a timely, objectivemanner.

International conventions buttress USAID'smedia activities. Most notably, Article 19 of the1948 Universal Declaration of Human Rightsstates, “Everyone has the right to freedom ofopinion and expression; this right includesfreedom to hold opinions without interference andto seek, receive, and impart information and ideasthrough any media and regardless of frontiers.”

Within the context of supporting democratictransitions, the goal of media developmentgenerally should be to move the media from onethat is directed or even overtly controlled bygovernment or private interests to one that ismore open and has a degree of editorialindependence that serves the public interest. Ifthe media is to have any meaningful role indemocracy, then the ultimate goal of mediaassistance should be to develop a range of diversemediums and voices that are credible, and tocreate and strengthen a sector that promotes suchoutlets. Credible outlets enable citizens to haveaccess to information that they need to makeinformed decisions and to participate in society.A media sector supportive of democracy wouldbe one that has a degree of editorialindependence, is financially viable, has diverseand plural voices, and serves the public interest.The public interest is defined as representing aplurality of voices both through a greater numberof outlets and through the diversity of views andvoices reflected within one outlet.


III.


III. MAPPING THESECTOR

Supporting media as an institution requires anunderstanding of what constitutes the sector.Clearly, the media sector consists of somethingbeyond the specific outlets that deliver news andinformation. But is it so amorphous that itencompasses everything from the universities thattrain future journalists to the courts that protecttheir rights? One extremely useful attempt to mapout the media sector comes from the USAID-funded Media Development Program (MDP) inRussia. Jointly designed and implemented by theRussian American Press and Information Center(RAPIC) and Internews/Moscow, MDP's goal is“to speed the development of a commerciallyviable media sector in Russia.” The objectivesdevised to achieve this goal suggest a particularapproach to defining and supporting the sector:

• Help foster advocacy for media withlegislative and regulatory bodies

• Increase flows of advertising revenues to theregions (decentralization)

• Increase access to and ownership ofproduction and distribution

• Increase investment and loan opportunitiesfor regional media

• Increase horizontal ties among mediaprofessionals

• Expand educational and practical programsin electronic information gathering anddissemination

• Expand educational and practical programsin business, management, and technical skills

• Increase professional contacts andcollaboration between domestic and foreignmedia companies and institutions

• Protect key resources, such as film andarchive materials that document historicaldevelopments, outside news feeds, electronicinformation sources (such as Lexis-Nexis),access to public records, policymakers andgovernment officials, etc.

A related approach is offered by the RAPICproposal to establish the Russian NGO as apermanent legacy of U.S. democracy assistance.The proposed program plan for RAPIC/NationalPress Institute (NPI) includes the followingactivities, which illustrate a sectoral approach:

• Promoting investment, equity and debtfinancing, leasing, and other mechanisms tocapitalize the media industry

• Developing media management capacity

• Participating in the development of the legaland administrative infrastructure

• Fostering the development of a matureinformation culture

• Promoting industry-wide trade organizationsand professional associations

• Overcoming government domination ofinformation

• Raising the level of journalisticprofessionalism

These sectoral approaches illustrate the waysprograms can have an overarching understandingof the interrelationship of the media industry’smany parts and why the reform of the mediasector necessitates a “web” of mutuallyreinforcing activities, the lack of any one ofwhich can endanger any others.


IV.


IV. IDENTIFYING KEYACTORS

Some of the most important questions to considerwhen designing media support activities thatstrengthen democracy are, “Who holds the powerto communicate in a society, who has access tothe means of communication, and who iscommunicated to?” Answers to these questionswill help to shape media sector support strategiesby targeting obstacles and pinpointingopportunities for reform.

For example, in some countries the state hasexclusive control over the media, directly orindirectly, and dictates the terms of publicdebate. Egypt has one news agency, the MiddleEast News Agency, which is the property of thestate. Radio and television are state monopolies,and, as a result, news is presented as policydictates.

2 In Mexico, freedom of expression is

constitutionally guaranteed, but the governmentcontrols the distribution of paper.

In these cases, a suitable sector support strategymight be geared around civil societyorganizations which are publishing orbroadcasting alternative viewpoints, or it mightbe focused on training state journalists to covernews in a more objective fashion. If it is aparticularly innovative strategy, it might includea training component for government ministers inan effort to raise their awareness about how abalanced and objective press contributes topolitical and economic well-being.

The question of “who is communicated to” isoften overlooked, yet it is essential to develop acadre of critical audience members who willdemand information and will have the capacity toanalyze what is presented to them. The answer tothis question helps to determine which medium totarget in media sector assistance. For example, ifa strategy aims to reach the rural masses, a radio

2 Idriss, Shahira. 1996. “Egypt Gets the News theGovernment's Way.” IPI Report. February/March:28.

campaign— particularly in countries with lowliteracy rates— might be more effective than atelevision or print strategy, which tends to reachurban, educated elites. On the other hand, if thepolitical environment is very constrained and fewgroups are involved in reform, focusing mediasector support on urban, elite-based print outletsmight be appropriate in the short term in order toleverage change in the system through thesereformers' efforts.

In sum, the following actors are relevant allies inmedia sector reform, and strengthening theircapacity will support media sector development:

• Consumers

• Individual producers (reporters, editors,technicians, business managers)

• Content provider companies (wire services,think tanks, NGOs)

• Training institutes, universities

• Independent regulators

• Media monitors (political polling agencies,policy institutes, advocacy groups,governments, advertisers)

• Professional organizations (journalism andbusiness associations)

• New technology gatekeepers (infrastructuredevelopers, software creators, trainers,investors)


V.


V. DESIGNING MEDIASTRATEGIES

A. Steps to Strategy Development

After defining the goals, mapping the sector, andidentifying the key actors, the next issue is howto use this information and the strategic approachchart on pp. 15-16 to design a strategy. There arefour basic steps to strategy development formedia sector support:

• Defining the problem

Is the problem the mission faces due to legalrestrictions, limited sectoral support,restricted pluralism, technical/professionalcapacity, and/or financial constraints?

• Finding targets of opportunity

What political, economic, and/or socialopportunities exist to embark on media sectorsupport? Who are the key actors who canassist these efforts?

• Assessing the feasibility of activities

In large part, this will involve an analysis ofthe mission’s resources (time, funding,technical expertise) and the country’scontext.

• Evaluating USAID's comparative advantagein carrying out these activities

This last step will determine what value isadded by USAID becoming involved inmedia sector support in a particular country.What can USAID contribute?

As the U.S. government engages in media sectorsupport, several issues arise which should becarefully considered in order to maximize impactand effectiveness. First, decisions should be madeat the outset whether it is possible to work at amacro level in areas like media law and policyreform, or whether, given political concerns,assisting individual outlets or journalists is amore appropriate approach. Ideally, missionswould be able to engage in a holistic, sectoralsupport strategy much like the one outlined bythe MDP program in Russia, but limited budgetsand technical capacity constrain such endeavors.As a result, difficult choices must be made basedon which targets of opportunity will yield long-term sustainable results.

Support for media outlets raises issues regardingchoice and duration of support. There are prosand cons to targeting particular outlets versus amore ad-hoc, inclusive approach. Direct supportto one outlet may tend to bias the reporting whichcomes from that outlet in favor of the U.S. donor,and may overdevelop the outlet in relation to thecontext in which it exists. As a result, it may notbe sustainable in the long term and it may haveless credibility. Support for many outlets, on theother hand, may distribute limited resources sowidely that little is achieved in terms of impact.At times, it is more important to have alternativevoices in the short term rather than sustainableoutlets, particularly in post-conflict ortransitional environments. If these alternativevoices, however, espouse viewpoints critical ofU.S. foreign policy, some might question thewisdom of continued support for them. Othersmay see this as an indicator of independence.

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3 Many USAID intermediaries who are engaged in

training journalists or supporting independent outletsreport that this is a problem that will not go away

"The Committee believes thesustainability of non-state-controlled

media is criticallyimportant...Capacity building

through training in commercialmanagement and basic journalism,

as well as development of anindependent media infrastructure

are all necessary elements to furtherenhancing economic and political

reform."— The Senate ForeignOperations Bill for 1998


Such dilemmas highlight the need for cleardistinctions between media assistance and publicinformation campaigns that promote U.S.policies and viewpoints. Democratic transitionsmay not be strengthened through the creation of amedia which, while free from its own governmentcontrol, espouses views of foreign governmentsand reflects their interests. An outlet's credibilitydepends on its ability to report news freely.

One of the most important issues to addressbefore engaging in media sector support iswhether to fund local actors directly or to rely onU.S. private voluntary organizations asintermediaries. Funding local actors can be cost-effective, yet it may be time consuming tomonitor recipients, and some may have suchlimited administrative capacity that they can notmanage the money or activities. Relying onintermediaries is beneficial particularly in somepolitical contexts since this distances the localactor from U.S. policies and politics, as well asthe substantial accounting requirementsassociated with USAID funding.

As outlined in the next sub-section, accuratelydefining the problem faced by the media sector

and must be “creatively managed.” On the one hand,support for programs comes from U.S. taxpayers'money so it is naive to think that there would bepolitical support for activities which appear, at facevalue, to develop voices critical of the United Statesand its policies. On the other hand, the ultimate goalof journalism training or outlet support is to developthe capacity for professional, objective reporting. Ifthis reporting is critical of the United States or itspolicies, then in some respects this should be seen asa sign of success. When relying on intermediaries tochannel U.S. funds for media activities, theinstrument for doing so is very important to protectthe beneficiaries from excessive U.S. interference.Where grants are used instead of contracts, moreflexibility is allowed, and less oversight expected.Many field missions, however, use contracts to hireintermediaries so that they can have direct influencein programs and even participant selection, and, as aresult, manage the activities in such a way as toavoid raising concerns.

will lend itself to a particular programmaticapproach. A final decision on which approach toadopt should then be based on an analysis of thetargets of opportunity, the feasibility of activities,and USAID’s comparative advantage in carryingout these activities.

B. Identifying a Programmatic Approach

In designing a media sector support strategy, akey undertaking is an analysis of the problem toinform the adoption of an appropriateprogrammatic approach to forward media sectordevelopment. These approaches may take anumber of forms: shaping the legal enablingenvironment, strengthening constituencies forreform, removing barriers to access, supportingthe capitalization of media, and/or training.Ideally, of course, programs would undertake acombination of these approaches to provide aholistic mix of activities. However, understandingthe political concerns as well as financial andtechnical constraints, missions may be able toadopt only one or two approaches at a time. Thisstrategic approach will present fiveprogrammatic approaches, or “menu options,”from which democracy officers should calculatetrade-offs based on the country-specific concernsand priorities, financial constraints, and availabletechnical assistance/capacity.

1. Shaping the Legal EnablingEnvironment

In some environments, democracy andgovernance officers will identify legal restrictionsas barriers to media sector development. Thismay be characterized by limited freedom ofinformation and/or expression, restrictivelicensing of print journalists, violations ofinternational human rights conventions, andviolations of national constitutions.In working to remove this obstacle, focusing onshaping the legal environment has proven to be auseful programmatic approach. Activities thatcharacterize it include support for an independentjudiciary, a media law curriculum in law schools,an even application of existing laws, legaldefense funds, and drafting media laws. They


may also take the forms of cross-national medialaw advising, information dissemination, andinformation.

Various types of training activities have alsoproven useful under this approach. Training maybe successful on establishing independentregulatory bodies, for media lawyers, oninternational laws and standards, and on draftingmedia laws.

2. Strengthening Constituencies forReform

Limited sectoral support is another sectoralweakness often identified in the media sector.Media sector support is characterized by thepresence of effective media law and policyorganizations, media watchdogs, researchinstitutes and think tanks, advocacyorganizations, and professional associations. It isalso found with training institutes anduniversities, as well as critical readers who valuethe news function.

To strengthen these constituencies for reform,programming should rely on capacity buildingsupport, advocacy training, sustainable financingstrategies, endowments, and networking at thenational, regional, and international levels. It isalso important to reach out to readers, develop aninformal code of professional conduct, andacknowledge excellence, discourage unethicalbehavior, and publicize the contributions of pressto society.

Other activities in this area may include presscouncil development or other mechanisms forself-regulation, and civic education to informreaders. Civic education, in particular, can helpreaders evaluate the news sources for credibility,use information to lobby the government,encourage informed action and decisions, andengage media outlets.

3. Removing Barriers to Access

Another obstacle takes the form of limited

pluralism, both internal and external. It can befound as a result of government control, withmedia oligarchs and economic elites, and throughcommercial concerns dominating the media.

Removing these barriers to access may involvereforming regulation regarding entry into themarket or regarding public service broadcast toreflect minority interests. It may also be useful toundertake activities that limit advertisingrevenues for government subsidized media,reform commercial law, create incentives forregional and community media, strengthenproduction skills, encourage media interactionwith civil society organizations, and supportalternative media. Other recommended optionswith this approach provide small grants andloans to media outlets, sensitizing newsroom andmanagement training, and training on omittingdiscrimination from news stories.

4. Supporting the Capitalization ofMedia

Financial restraints also impose barriers to mediasector development. Such restraints may becharacterized by limited advertising revenues,start-up capital and investors, business skills, andan understanding of audience share or audiencepreferences.

Activities designed to eliminate these sectoralweaknesses have supported the capitalization ofmedia. Specific activities include lobbying forhigher journalist salaries, strengtheningdistribution mechanisms, and providing financialand technical support to developnongovernmental advertising. Training may alsoplan an important role in this approach throughtraining in business and newsroom managementto support the financial operations, and inencouraging and documenting success stories ofcredible, non-sensationalistic outlets that haveachieved commercial success.

5. Training

Finally, limited technical and professional


capacities also mar the development of asuccessful media sector. These are marked by theabsence of basic skills, ethics, investigative andspecialist reports, and new technologies.

Comprehensive training activities can address anumber of these weaknesses. In particular, theymay be advanced through internationalfellowships and visitor programs, regionalseminars and workshops, internships, on-sitenewsroom seminars, textbook and CD-ROMproduction, video conferencing, and staffattachments. Training activities may also take theforms of reforms to university curricula andintroduction of new technologies, particularly theInternet.


VI.


VI. PROGRAMMATICAPPROACHES

After identifying an appropriate programmaticapproach for media sector support, attentionshould then fall to the details of that approach.Drawing on examples of successful mediaactivities undertaken by USAID field missionsand their partners, as well as those of otherdonors, this section further details the mostcommon barriers to media sector developmentdescribed in Section V and highlights some of thebest practices and lessons learned from work toremove these barriers.

The activities outlined in this approach beginwith the macro-level approaches and end withmore micro-level activities, such as those thattarget individual outlets. Broad recommendationsare given to identify opportunities to adopt aparticular programmatic approach and toprioritize activities. However, the final choice ofactivities will ultimately depend on the countrycontext, mission finances, and available technicalexpertise to implement activities. Some of thelessons learned and best practices are provided tohelp missions think about how these activitiescould be replicated in different contexts, andwhat factors would need to be considered in orderto ensure success.

These five programmatic approaches are shapingthe legal enabling environment, strengtheningconstituencies for reform, removing barriers toaccess, training, and supporting capitalization ofmedia.

A. Shaping the Legal Enabling Environment4

Especially where respect for rule of law exists,activities that focus on implementation of lawsguaranteeing freedom of the press and/orreformation of codes that restrict this freedomwould help develop a legal environment that

4 For a detailed analysis of media law reformissues, see Democracy Dialogue. July 1998. USAIDCenter for Democracy and Governance.

nurtures a free, independent media. Since mostcountries have not passed media laws, anotherpre-condition for reform activities is the presenceof institutions (e.g., courts, university mediaprograms, opposition political parties) andindividual leaders who comprise a strongenabling environment and pressure for legalreform.Just as the boundaries demarcating the media

LESSONS LEARNED:Media Law Reform

* Media law reform/passaage is a high-level goal; where opportunities exist toengage in this area, they should beseized since these efforts have thepotential to yield long-term,institutional changes.

* Implementation of reforms is asimportant as having laws on thebooks, which creates an enablingenvironment for media freedom.

* Societies where rule of law is alreadyinstitutionalized and respected areripe for media law reform assistance.

* Training media lawyers is an oftenoverlooked, yet critical part of medialaw reform assistance.

* Partnerships with law firms which canprovide ad-hoc, pro bono media lawassistance can be very fruitful. [see forexample the ProMedia program]

* The provision of legal defense fundsfor journalists is one way to assistmedia law reform in restrictive politicalenvironments.

* Linkages between local or nationalNGOs and regional and internationalNGOs engaged in lobbying andadvocacy significantly increaseimpact. [see for example the MediaInstitute of Southern Africa]


sector are permeable, so are those defining thelegal enabling environment for mediadevelopment. Wherever these lines are drawn,they must allow for the minimum conditions ofaccess and objectivity necessary for citizens tohave information and for government to be heldaccountable. Reforming media laws should beundertaken to affect or strengthen the role ofmedia as a conduit, a channel to connect thegovernment and the people and to lessen thedistance between the two.

Institutions as well as laws support mediadevelopment and are instrumental players inmedia law reform. These institutions includecourts, regulators, and the executive branch ofgovernment. The latter is important since it isoften not the laws that are problematic orrestrictive but their application, and this oftencomes through the executive branch. Universities,particularly law schools, contribute to mediadevelopment by training journalists or medialawyers, as well as advocates for media freedom.

Legal issues are more easily discussed whereconstitutional principles have been clearlyarticulated, so the constitution is anotherinstitution that may support media law reform.Reference within a country's constitutionlegitimizes the direct applicability ofconstitutional norms, even if the legislature hasnot given legislative form to those norms. Thishas been of great importance in Russia, forexample, where the direct applicability provisionof the constitution has been used to by-pass thelegislature in those areas where it has not draftedlegislation. The U.S. constitution provides aparticular example, one which focuses onrestricting government, whereas constitutions indeveloping countries more often reflect theEuropean tradition of outlining positive as wellas negative obligations for the media.

Since the media depends on opposition parties forsources and leads which are critical of thegovernment, viable, minority, protectedopposition parties are other institutions that maysupport the development of an independent media

and of a supportive legal environment for it.Opposition parties also help to institutionalize aculture where critical views are tolerated.Likewise, the media creates space for oppositionparties in many cases. Yugoslavia is one examplewhere civil society has rallied around theoppositional media, most notably Radio B92 andits network. In Poland in the 1980s, countlessindividuals acted as publishers, writers, printers,and distributors in order to provide people withalternative information and commentary, viewsthat were not officially sanctioned by the regime.

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While some governments view this activity asdestabilizing, it may be just the opposite since,where press freedom is denied, the oppositionmay turn to more violent forms of expression andprotest. For example, when La Prensa wasclosed in Nicaragua, Violeta Chamorro said, “Byclosing down the last reserve of civic oppositionin Nicaragua, the Sandinistas reveal they havedecided on a military solution, although theypreach the opposite. They have closed the doorsto dialogue and opened the doors to war.”

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Every media system in the world functions undercertain kinds of restraint, so the ultimateobjective of media law should be relative ratherthan absolute freedom.

7 One of the most effective

protections against restrictive legislation may beself-regulation and media accountability,developed through professional associations andunions. It is more difficult for a government to

5 Matynia, Elzbieta. 1997. “Some Notes on Civil

Society, Media, and Democracy." Paper prepared forroundtable discussion on "Media Law Reform, CivilSociety and Transition States” co-hosted by theSquadron Program on Law, Media and Society, andUSAID Center for Democracy and Governance, NewYork, NY, 30-31 October.

6 Ungar, Sanford. 1990. “The Role of a Free Pressin Strengthening Democracy.” In Democracy andthe Mass Media, edited by Judith Lichtenberg, 368-398. New York: Cambridge University Press.

7 Asante, Clement. 1997. Press Freedom andDevelopment: A Research Guide and SelectedBibliography. Westport, Connecticut: GreenwoodPress.


challenge press freedom when the reporters andeditors of the mass media perform at aprofessional level, verify facts, and adopt abalanced, even if partisan, approach in presentingstories. Therefore, training and media law reformmay go hand in hand.

Two categories of laws support media’s ability toprovide information and to check governmentpower. The first relates to laws outlining media-government inter-relationships, while the secondpertains to patterns of media ownership andcontrol. Media-government relations are largelystructured and affected by laws relating tofreedom of information, libel, sedition, obscenity,and invasion of privacy. Tax laws are importanthere, and these should be analyzed to determinethe extent to which they encourage the growth ofprivate media. NGOs’ tax status is also relevantsince duty free concessions and tax privilegesaffect NGOs’ ability to provide training to media,advocate for the sector, and, in some cases, helpto develop infrastructure and programming.

The second set of laws affecting media's abilityto provide information and to check governmentpower relates to ownership and control.Ultimately, this set of laws should ensure a levelplaying ground so that all media— private,governmental, domestic, foreign— operate underexactly the same rules without preferentialtreatment in the licensing process. In addition, alimit may be placed on how much ad incomegovernment-subsidized media can take from theprivate sector. For example, in the CzechRepublic no more than 5 percent of statetelevision income can come from advertising. Ithas been suggested that government-ownedtransmitting stations and printing presses shouldbe subject to tariff regulation, if they aremonopolies, and that they must charge the samerates to all customers. Likewise, another meansof avoiding bias is to ensure that ownership ofmedia by anyone in the close family of a highgovernment official is handled through a blindtrust.

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8 See Eric Johnson's contribution to Democracy

Dialogue (July 1998), Center for Democracy and

Registration, licensing, and access to informationare important concerns under this category.Issues of foreign ownership and restrictions offoreign-produced content are highly relevanthere. Media law scholar Monroe Price,addressing the issue of broadcasting law, hassaid, “A system of domestic media law thatprohibits competition internally, that constrainsthe capacity of program distributors to meet theinterests of consumers, will be a fragile one. It isnot only constitutional reasons but pragmaticones, in this view, that justify a far more opensystem of competition and freedom forbroadcasters.”

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There are related commercial laws that mayimpinge media development, and these as well asother laws should be assessed in order todetermine where there is scope for reform. InRussia, for example, RAPIC/NPI has identifiedobstacles that currently prevent the use of leasingand lease-to-own mechanisms. RAPIC/NPI istrying to promote commercial relationshipsbetween equipment manufacturers/dealers andregional media organizations. Laws pertaining tocommercial lending and investment also affectthe media industry, since they have implicationsfor the capitalization of the industry.

Examples of types of activities in this area arecross-national media law advising,training/institutional support to establishindependent regulatory bodies, training ininternational law and standards to whichcountries’ media laws must comply, and supportfor legal defense funds. More specific bestpractices supported directly by USAID and itspartners follow.

Governance, USAID.

9 Hudock, Ann. 1998. “Concept Paper: The Roleof Media in Democracy.” Concept paper, USAID,Washington, DC.


Best Practices

Analyzing legislation to limit restrictionsplaced on new, independent mediaProMedia is USAID's second-generation mediaassistance program in Central/Eastern Europe,following on from a multi-year grant throughUSIA to the International Media Fund, a privatenon-profit organization set up in 1990. Currently,ProMedia has field operations in Albania,Belarus, Bulgaria, Croatia, Hungary, Romania,Slovakia, Ukraine, and Yugoslavia, with Bosniato be included shortly. ProMedia is run by IREX,with Freedom House, the International Center forJournalists, and Internews as the primary sub-contractors.

ProMedia addresses the profusion of rules andregulations that inhibit the development of new

independent media. Most countries have yet topass media laws, which set the ground rules forstarting and operating private newspapers, aswell as radio and television stations. On thepolitical side, most governments prefer directcontrol of the media and are clearlyuncomfortable with any criticism of theirpolicies. Since media in the ENI region werehistorically all state-owned, there is no traditionof protecting free press and rights of journalists.This status quo allows some governments in theregion to actually suppress free media whilecasting themselves as modern western states thatrespect human rights and political liberty.

The primary function of ProMedia is to providethorough analyses of media legislation and helplocal journalists understand how media lawsoperate in western countries. The media lawcomponent has concentrated on analyzingproposed or enacted laws, providing legal expertsto help in program design and to participate inpolicy debates, supporting seminars forjournalists, training journalist groups in selfdefense, and providing U.S.-based training tomedia lawyers and associations.

Slovakia provides a telling example of howProMedia legal assistance works. In 1996, theMeciar government tried to pass a law that wouldhave punished journalists and media owners whofailed to print or broadcast “the truth” aboutSlovakia— as the government saw it. Through thepro bono services of a Washington law firm,Covington & Burling, ProMedia provided ananalysis of this law, which showed where itviolated the Slovak constitution and manyinternational conventions that the Slovakgovernment had signed. As a result, thegovernment relented. In early 1997, when thegovernment looked ready to reintroduce theoriginal legislation, ProMedia and Covington &Burling helped Slovak journalists mobilize tocounter any such initiative.

Not all of ProMedia's activities, however, arerear-guard actions. With the election of ademocratically-minded government in Bulgaria,

International ConventionsSupporting Media Freedom

* Universal Declaration of HumanRights

* International Covenant on Civil andPolitical Rights

* International Covenant on Economic,Social and Cultural Rights

* Charter of Paris for a New Europe

* Budapest Summit Declaration:Towards a Genuine Partnership in aNew Europe

* European Convention on HumanRights

* American Declaration of the Rightsand Duties of Man

* American Convention on HumanRights

* African Charter on Human andPeoples' Rights

Source: Covington & Burling


ProMedia helped Bulgarian media and journalistassociations convene a “media law task force.”This task force set about drafting a new medialaw that provided open access to the broadcastspectrum, protection of free speech, privateownership of media outlets, and a publicbroadcasting role for state media. ProMedia senta media lawyer who provided analysis of thedraft legislation and offered recommendationsthat would enable the law to meet Europeanstandards.

10 Copies of draft media law analysis

completed by Covington & Burling are availablefrom the civil society team at the Center forDemocracy and Governance.

Hiring staff attorneys to redraft restrictivelaws and regulationsInternews is an internationally-active non-profitgroup working to enhance tolerance andunderstanding among people by supportingnongovernmental television, radio, and printmedia in emerging democracies. With USAIDsupport, Internews has assisted media law reformmainly in the ENI region and, more recently, inIndonesia. In response to restrictive laws andregulations that were restraining the independentbroadcasters Internews supported, Internewshired lawyers in its Central Asian and SouthernCaucases offices to offer their services to privatebroadcasters and to government organizationsdrafting and implementing media legislation.

Internews has a permanent staff lawyer in six ofits seven Central Asian and Southern Caucasesoffices. Each of these lawyers has, wherepossible, done the following:

• Gathered all media-related legislation intoone place, distributed copies to privatebroadcasters around the country, andprepared copies in the local language as wellas in Russian and English for posting ontoInternews' web site in each country(e.g.,www.internews.am). Each is preparing

10 ProMedia. January-June 1997. Semiannual

Report.

to publish these documents in aBroadcaster's Legal Handbook.

• Established contact with parliamentarydeputies responsible for or interested inmedia legislation and provided whateveradvice they can use to support their efforts toliberalize media law, including providinginformation about how the media areregulated in other countries. Each has alsoprovided information to stations about howto lobby parliamentary deputies on medialaw issues.

• Established a network of contacts throughoutthe government agencies responsible forpreparation, consideration, andimplementation of media law. This wasundertaken to make it possible to know whatmedia law is pending and to inform stationsabout how to prepare for forthcomingmeasures.

• Met with many if not all of the directors ofprivate stations in each country to impressupon them the importance of knowing theregulations that govern their activities. Thelawyers have also conducted on-sitecheckups of many stations to point out todirectors changes they need to make to avoidgiving the government a legitimate excuse toimpede station operation (such as inadequateposting of emergency fire procedures).

• Worked with the local associations ofbroadcasters, media, and journalists. Thiseffort is designed to help them increase theirability to represent broadcasters' interests.

Comparing experiences to that in othercountries to better understand media’s roleThe American Bar Association's Central andEast European Law Initiative (ABA-CEELI)prepared a concept paper on media that draws onthe U.S. experience to address four principalthemes essential to the understanding of media indemocracy:


• Defamation law, notably when and how themass media can be held responsible andpunished for controversial, embarrassing, orinaccurate information about public officials,public figures, or private individuals

• Issues of mass media and national security,particularly the government’s ability tocensor or to restrict access to information

• Protection of journalists' sources

• Government ownership, control, andregulation of the mass media

Monitoring, reporting, and acting on mediafreedom violationsThe Media Institute of Southern Africa (MISA)is an NGO with member chapters in 11 of the 12countries that make up the Southern AfricaDevelopment Community (SADC). The regionalsecretariat, headquartered in Namibia, plays aco-ordinating, oversight, and facilitative role withrespect to the chapters. Officially launched inSeptember 1992, MISA focuses on the need topromote free, independent, and pluralistic mediaas envisaged in the 1991 Windhoek Declaration(see Appendix C). MISA seeks ways to promotethe free flow of information and co-operationbetween journalists, as a principal means ofnurturing democracy and human rights in Africa.MISA receives support from a variety of donors,including USAID's regional mission, theRegional Center for Southern Africa.

MISA is a membership-based organizationwhose members extend beyond the mediaprofession. MISA is unique in that it reachesbeyond the media industry and mediapractitioners to garner support from civil society,including business leaders, teachers, humanrights supporters, and others who recognize thatmedia freedom is an important right for all in ademocratic society. The ability to leverage local,national, and international support in efforts tomonitor, report, and act on media freedomviolations distinguishes MISA from other morelocalized efforts.

MISA contributes to the legal enablingenvironment for media through a series ofactivities, publications, and informationdissemination efforts. By cataloguing laws inSADC nations that impinge on media freedoms,MISA hopes to raise awareness amongjournalists, and others, of the constraints onfreedom. In part, this is to protect journalistsfrom breaking laws unknowingly, or to help themdecide that breaking a law is worth the risk ofpunishment, particularly when the law might bechallenged on constitutional grounds. During1996-97, MISA launched a legal defense fundintended to assist media workers in distress or totest repressive legislation in courts of law. Eachof the 11 chapters contributes to the fund, andinternational donors are solicited for assistance.

Training and publications enable MISA toincrease capacity to advocate for media reform inthe region, and to disseminate information morebroadly. MISA's Action Alerts, sent outelectronically, keep stakeholders abreast of mediaviolations and encourage action to addresscritical situations. The Southern African MediaLaw Briefing informs lawyers and interestedparties in Southern Africa on developments onmedia law and freedom of expression both withinand outside the region. Network News exploressubstantive issues, chapter activities, andupcoming events. It also provides a space foreditorials and cartoons. Training sessions havefocused on how to change legislation, buildnetworks, and strengthen grassroots awareness.

Lobbying/advocating for journalists’ rights,teaching media law coursesMedia Development Program (MDP) is aUSAID partner supporting the institutional andeconomic development of print and broadcastmedia in Russia. It is administered by Internewsand is managed in partnership with RAPIC.There were three components of MDP thataddressed media law reform:


Glasnost Defense FoundationThe Glasnost Defense Foundation (GDF)received funding through MDP to supportresearch, education, and publication projects.GDF is now an influential and respectedadvocate and lobbyist for the rights of journalistsin Russia. The foundation monitors abuses ofjournalists' rights, lobbies for greater protectionfor journalists in law and in practice, andpublishes and distributes reports and handbooksfor journalists on a variety of legal, professional,and personal safety issues. GDF's director hasalso traveled to Indonesia to work with Internewsin support of media law reform. GDF'spublications include Mass Media Law andPractice in Europe and Short Legal Handbookfor Journalists.

Moscow Media Law and Policy CenterSince its inception in October 1995, the MoscowMedia Law and Policy Center (MMLPC) hasvigorously pursued the promotion of the rule oflaw and a free and independent press throughoutthe former Soviet Union. MMLPC has become aleading resource nationally, regionally, andinternationally for scholars, policymakers,legislators, lawyers, judges, and journalistsinvolved with Russian and other regional medialaw and policy issues. The center directs a widearray of programs to encourage media freedoms,including the teaching of media law courses atthe Moscow State University School ofJournalism, curricula development in media lawfor journalism schools both in the regions ofRussia and the independent states, specializedtraining and exchange programs for professorsand students of special promise, sponsorship andparticipation in seminars and conferences, avigorous publications program, and a monthlyRussian-language media law newsletter.

Standing Commission of Freedom ofInformationThe Standing Commission of Freedom ofInformation advocates for the explicit,enforceable right of journalists and citizens togain access to government and corporateinformation. It undertakes activities to encourage

greater accountability, public awareness andinvolvement, and the rule of law. With supportfrom MDP, the commission has conductedgroundbreaking research into the problem ofinformation access on the local level and haseducated journalists concerning their rights toinformation. The commission conductedprograms in six regions of Russia, published anational monthly newsletter, and raised the issueof freedom of information in dozens of nationaland local media outlets.Of equal importance, since the legislativeenvironment surrounding freedom of informationis still being formed in Russia, the commissioneducated lawmakers and government officials onfreedom of information issues and provided themwith many models of foreign information-accesslaws. The commission has also taken the lead inairing the issue of access to corporateinformation, and the problems faced by NGOsrelating to free access of information.

B. Removing Barriers to Access

Access to entry, to means of production anddistribution, to information, and for differentviewpoints is essential to a free media. Some ofthese barriers will be removed or reduced as anatural by-product of shaping the legal enablingenvironment, strengthening constituencies forreform, training, and developing thecapitalization of the media. Others must be moredirectly addressed, especially in cases wherethere is sufficient respect for freedom of the pressand expression.

Considerations regarding access are important ona number of different levels. First, there is accessto entry, either through broadcast licenses orprint journalism. Several questions should beconsidered when designing strategies forremoving access barriers:

• Are there clear standards for issuinglicenses?

• Who gets licenses?


• Is there a right of appeal when licenses aredenied?

• Are licenses granted on the basis of contentin programming?

A second area where access is essential is accessto means of production and distribution.Questions that should be considered here are thefollowing:

• Do government monopolies control printingpresses or newsprint or broadcastequipment?

• Are there economic constraints that could beaddressed to increase access of marginalizedor less powerful groups?

• Are commercial laws enabling the mediasector or are there areas that could bereformed to support entry into the mediaindustry?

A third, and often overlooked, area of access isaccess to information. In many countries, this isprovided through freedom of informationlegislation guaranteeing the public access togovernment documents and records, as well asproceedings of official meetings or decision-making processes. In many cases, journalists areunaware of their rights regarding access to thisinformation, and, therefore, do not request it orincorporate it into their reporting. In other cases,access is denied (either formally or informally)and these barriers should be addressed if thepress is to serve a watchdog function of keepingthe elected accountable to the electorate, and ifthe press is to disseminate information which willenable citizens to make informed choices and toparticipate in a meaningful way.

A fourth and critical element of access is accessfor different viewpoints. This is perhaps themost difficult area to address, since to regulatefor this involves giving certain groupspreferential treatment, and runs the risk ofprecluding other groups' access which may limit

their right to freedom of expression. Variousforms of censorship, either direct or indirect,control information flows and who has access toit. Direct, economic, and self-censorship all stiflemedia to varying degrees.

11 The latter is often so

insidious that even the person committing thismay not be fully aware of it. Self-censorship isthought to be prevalent in Hong Kong, as a resultof the handover to China in 1997. Hong Kongjournalists, even though they technically enjoygreater freedom than their Chinese counterparts,fear reprisals if they write articles that deviatefrom the official line.

Economic censorship may take various forms,direct or indirect. Some examples includewithholding from uncooperative newspapersadvertising, newsprint, or printing anddistribution facilities. Economic censorship alsooccurs in countries where there is a fear ofadvertising in the “free” press, since this may beinterpreted by the government as opposition andresult in political backlash that jeopardizesbusiness instead of increasing it. Addressingcensorship, whether it is direct or indirect, isdifficult since it is usually done by powerfulgroups or entrenched interests.

Supporting information dissemination efforts ofNGOs is one way to increase access for a varietyof viewpoints. NGOs’ publications are often theonly vehicle for ideas and information whichmight be overlooked by the mainstream media,either because they do not appeal to a mass-based audience or because they are politicallycontentious and might offend government orcommercial interests invested in the mainstreammedia.

Another approach to increasing access fordifferent viewpoints is offered by MISA:

11 Another form of indirect censorship could be

considered. That is the level of capability that exists inthe profession to report or provide analyses. Where thisskill is lacking and training is not available, there aregaps in public information about policies and events.


Regulation is another way to promoteplurality, diversity, quality and accesswithin the media. There are a number ofregulatory mechanisms available:

• Ownership• Programming• Local support• Roll-out

OwnershipRegulation of ownership can be related to ageographical area— for instance a companyor consortium might be limited to running aTV station in only one area. The advantageof this method of allocation is that greaterregional diversity and more local contentmay result.

As a compromise between competition andmonopoly, a company may be limited torunning two or more stations in non-bordering areas. The advantage of thisprovision is that the operator gains alowering of unit costs while the regulationprevents the possibility of too small anumber of large operators.

An alternative is for the regulator topromote diversity by allowing the samecompany to run two stations in the samegeographical area, thereby ensuring that,particularly in radio, different markets willbe served by different programmingformats. The problem in a small advertisingmarket is that neither station— whether TVor radio— may make enough money tosurvive.

Allied to geographical area, regulation canprevent a company from serving more thana certain proportion of the population.Hence in urban areas the reach of eachstation would be smaller. This provisiontends to create more stations.

In order to ensure that citizens can gaininformation from a variety of sources, it isnecessary to limit the holdings of any onecompany or consortia across the differentdistribution methods of information—

newspapers, radio, off-air TV, cable TV,and satellite TV.

ProgrammingTo sell advertising there is a tendency foradvertiser-based stations to produceprogramming that they know to be popular.In order to promote diversity, the regulatormay choose applicants with contrastingprofiles serving the same market. But thisapproach means that the first stationsestablished have an advantage in that theywill have taken the most popular programformats. New applicants are, therefore, at adisadvantage in that they must fulfill therequirement of meeting the needs of smallerpotential audiences.

In television the applicant may giveundertakings that it will provide aproportion of news, current affairs, drama,or other programming. In radio theapplicant may give similar undertakings forchannels specializing in the spoken word,or undertakings as to the type of music thatwill be played.

At this stage, quality may become anissue— how much high-cost programmingthe station proposes in its plans. Such high-cost programming includes news, currentaffairs, drama, and local programming. Theprogram promises may be extremelydetailed in that they give the exact timingsof news. These program promises thenbecome included in the license to bemonitored by the regulator.

Local supportA factor in the distribution of broadcastinglicenses can be the extent of local supportfor a license applicant. The intention hasbeen to encourage support from potentiallocal advertisers, promote programmingsuited to the needs of the local community,and increase diversity. But there areproblems in applying the criterion fairly.How is local support for one applicant to bemeasured against that for another? Does thewealth of the supporters then become thecriterion?


The exception is “community”broadcasting, which is subsidized frompublic funds or aid donors, and whereaccess by the local community to a stationrun by its own community is the reason forthe stations coming into being. It may benecessary for such community broadcaster

to have institutional structures built into thelicense, linking it into the local community,so that it may not, over time, become justanother local commercial station.

Roll-outWhere universal access to a medium is notavailable, the license award may depend onhow far and how fast the contestingapplicants are prepared to expand theirservice. Specific targets in terms ofpotential viewing/listening households, orcoverage of specific geographical areas inthe first and subsequent years may beincluded in the license.

Examples of types of activities in this areaare reform regulation regarding entry tomarket, reform commercial laws, supportalternative media, support production ofnews features, and encourage mediainteraction with civil society organizations.More specific best practices supporteddirectly by USAID and its partners follow. 12

Best Practices

Supporting independent media in a transitionenvironmentSince April 1996, OTI has supported theexpansion, development, and/or survival of 31independent newspapers and news magazines andthree independent news agencies, includingfunding for the publication and distribution ofover four million copies of newspapers andmagazines in the former Yugoslavia. OTI hasbacked the establishment of 55 independenttelevision and radio stations and has supportedmore than 100 locally produced public affairsdocumentaries and roundtable discussions. InLiberia, OTI worked with the Africa Bureau tocreate an independent short-wave and FM radiostation serving all of Liberia and the borderregions to raise standards of news reporting andto provide information. Additionally, OTI hassupported media efforts in Angola and Rwanda,particularly those that increase public awareness

12 MISA. Why Independent Regulators. (grey

literature, MISA, South Africa).

WHAT IS COMMUNITYBROADCASTING?

* Most of the community stationsworldwide agree that a communitystation is one that is owned,managed, and programmed by thepeople it serves. It is a non-profitstation responding to thecommunity's expressed needs andpriorities and is accountable tocommunity structures. The extent ofthe involvement in the managing andprogramming differs from one stationto the next.

* Commercial broadcasters definethemselves as profit-makinginstitutions. As a communicationsmedium, they have to show the samesocial and cultural responsibility thatall good journalists have, and have tobase their programming on service totheir communities. But, when aconflict arises, when they have tochoose between community issuesand profit, the owners of commercialstations will be inclined to the latter.

* Community broadcasters are notlooking for profit, but to provide aservice to society. Naturally, this is aservice that attempts to influencepublic opinion, create consensus,strengthen democracy and above allcreate community.

* Community broadcast stations shouldbe available, accessible, affordable,acceptable, and accountable to thecommunity.

Source: MISA, The Role of CommunityBroadcasting


regarding land mines or proceedings of theInternational Criminal Tribunal for Rwanda.

Broadcasting based on community ownershipand participationCommunity broadcasting has enormous potentialto introduce plural voices to the media sector, todeliver development messages, and to empowercommunities to take charge of their owninformation needs and to develop appropriateformats for meeting them. The essential questionregarding the establishment of a communitystation is not one of technology but rather thequestion of how the community will be able tocontrol the medium technically, politically, andculturally.

13 It is possible to have a community

station in a poor area, and to have editorialindependence even when the station receivesgovernment support. For example, in the UnitedStates, public broadcasting would not have beenpossible without state and federal support. Someof the first radio stations in the country wereeducational ones operated by state universities toextend resources to rural schools and farmers.Through legislative safeguards, there is nogovernment interference with content of localprogramming.

14

Increasing coverage of minorities to promotebroader access to newsThe Roma Press Center located in Budapest,Hungary is an NGO supplying news andinformation towards the largest possible publicregarding the situation of the Roma, the largestethnic minority in Central and Eastern Europe.The press center was established in December1995 in order to increase the presence of theRoma in Hungarian mainstream media. Throughits established domestic network ofcorrespondents in most of the Hungariancountries and, from October 1997, its regionaloffice in Pecs, it functions as a bridge ofcommunication towards the largest Hungarian

13 MISA. The Role of Community Broadcasting.(grey literature, MISA, South Africa).

14 Fairbairn, Jean and Bill Siemering. 11-15 May,1998. Report on Cultivating Community Radio inMozambique.

national dailies and the local newspapers. Thepress center's activities seem to have beensuccessful so far: about 60 percent of its morethan 500 news items have been published in atleast one Hungarian newspaper along with about50 features. In a number of cases the press centerwas the first to call the larger public's attention toan issue.

Monitoring the executive and legislative, andreporting on their activitiesThe Political Information and Monitoring Service(PIMS) of the Institute for Democracy in SouthAfrica (IDASA) aims to support democracy bypromoting good ethical governance in SouthAfrica. The service promotes an open andaccountable executive as well as strong andindependent parliaments through its work in thenational and provincial legislatures. PIMSmonitors the legislatures and the executive,researches public policy and legislation, anddisseminates meaningful information generatedthrough these activities to civil society and otheraudiences. It also advocates around selectedissues, like political party funding, goodgovernance, a parliamentary code of conduct andpublic service reform, and the open democracylegislation. PIMS disseminates informationcreatively to as wide and diverse a public aspossible, filling the void created by theinadequacies of the mainstream media. PIMSpublications include Parliamentary Whip, atabloid-size newspaper published fortnightlyduring the parliamentary session; The ProvincialWhip, produced by the Provincial MonitoringProject based in Pretoria; and the IDASAParliamentary Record, compiled by PIMS andpublished every Monday during parliamentarysession by three South African majormetropolitan newspapers.

Accessing high-quality, independent printingpressesMDP funded the first modern, newspaper-controlled printing press in the Russian provincesin order to break government monopoly oninformation. The lack of access to high-quality,independent printing presses was widely regarded


as the most significant problem facing theRussian regional press. On the one hand, statecontrol of existing printing presses is a primarysource of direct and indirect control over theregional press. On the other hand, extremely poorprint quality and slow printing service preventregional newspapers from providing adequateservices to potential advertisers and timely newscoverage to their readers. This naturally stymiestheir economic development.

Despite the costs and risks involved in a projectof this nature, MDP felt it was essential to tacklethis problem head-on. Therefore this pilot projectwas developed with the goals of (1) vastlyimproving access to high-quality printing in atleast one Russian market and (2) creating aneconomic model of how a small newspaperprinting facility could be created and runprofitably. Through the careful selection ofappropriate equipment and the intense training ofmanagement and technical staff, MDP achievedboth these goals.

Utilizing electronic publishing to reduce costs,and encouraging local controlFrom its inception, MDP recognized that newmedia and electronic publishing would play acrucial and increasingly important role in thedevelopment of the Russian media sector. Overthe last five years, Internet access in Russia hasgrown more than twice as quickly as it has in therest of the world, and improvements in thetelecommunications infrastructure suggest thatthis trend will continue for the foreseeable future.At the same time, the costs of producing anddistributing traditional newspapers, especially inisolated regions like Siberia and the Far East,make electronic publishing and informationsharing especially attractive to many Russianregional publishers. Therefore, MDP hasfollowed a policy of actively encouraging onlinepublishing in Russia.

The MDP electronic newspaper project grew outof a previously existing partnership between theTacoma News-Tribune and the newspaperVladivostok. Since 1995, the two newspapers had

been publishing a primitive electronic version ofthe English-language newspaper VladivostokNews on the News-Tribune's server, using U.S.technical and publishing expertise. The primarygoal of the electronic newspaper project was totransfer all aspects of the online publicationVladivostok News to Russia and to develop acompletely new Russian-language onlinepublication based on the flagship newspaperVladivostok. The electronic version ofVladivostok, which receives 25,000 hits permonth, can be viewed at <vn.vladnews.ru>.

C. Strengthening Constituencies for Reform

In some pre-transition or very politicallyoppressed environments, it may only be possibleto work indirectly on media sector support. Oneof the ways to do so is through support fornongovernmental organizations (NGOs). Thesegroups may act as advocates for the mediasector, lobbying for freedom of informationrights or for legal reforms that would providepolitical and economic space in which the sectorcould thrive. Or, these NGOs might serve asalternative information sources to countergovernment control over information, or toprovide in-depth investigative reports thatmainstream media may not be able to cover.

Such a strategy or a component of a broaderstrategy may be useful in more closed politicalenvironments as a form of “pre-positioning.” Inthis way, the goal would be to identify key actorsand allies who might be willing to push forward areform agenda, and to seize greater opportunitieswhen they arise.

15 Supporting these actors may

mean that, if an opening in the system occurs,there are groups with sufficient capacity to takeadvantage of the moment.

Work with professional associations may beconstrained in highly political environments. Thisis often the case in post-conflict settings. In theseinstances, experience has shown the value of

15 See also "Constituencies for Reform", USAID1994.


concentrating programming on simultaneouswork with a number of NGOs, each allied with aparticular political group, or, in their absence, ontraining.

Several questions are worth considering whenundertaking activities that strengthenconstituencies for reform in the media sector:

• Is it possible, logical to work with the

political opposition group(s)?• Is there internal cohesion of the current

regime? If so, does it serve to support orobstruct the media sector?

• Have there been open acts of dissent? Havethese been random or organized, and, if thelatter, who has organized them? How has theregime responded? What are the implicationsfor alternative views in the media?

• What “spaces” to communicate are not beingcontrolled by regime? (i.e., Internet, NGOpublications, alternative media, print media,etc.)

• How can new technologies be used to opennew spaces?

• How can the private sector become an ally?

• What role can/does the foreign press play inmonitoring media freedom, setting highstandards, and indirectly or directly traininglocal journalists?

There are numerous resources available to guidecapacity-building efforts for NGOs, includingfinancial sustainability strategies and advocacytraining. USAID's Office of Private andVoluntary Cooperation has createdorganizational self-assessment tools as well asmechanisms for delivering capacity buildingsupport to local NGOs. CIVICUS, aninternational umbrella organization of civilsociety organizations, has published a very usefulbook on financial sustainability for NGOs.

Examples of types of activities in this area arecapacity building support, advocacy training,endowments, civic education, and outreach toreaders. More specific best practices supporteddirectly by USAID and its partners follow.

LESSONS LEARNED:Strengthening Constituencies

for Reform

* Work with professional associationsmay be constrained in environmentswhere these associations are highlypolitical or organized along partisanlines. This is often the case in post-conflict settings.

* Media advocacy organizations aremost effective when they aremembership-based since this givesthem credibility and legitimacy,particularly with government which ismore likely to take reforms on board ifthere is a broad-based, powerfulconstituency behind them.

* Media advocacy organizations aremost effective when they leverageboth local and international support,since the weight of the internationalcommunity provides protection andpower while the local supportprovides legitimacy on issues aroundwhich they are advocating reform.

* It is essential to remain flexible inrapidly changing developmentenvironments, and to support thoseorganizations that are on the frontlines of reform or are good candidatesto “pre-position” so that they are ableto take advantage of reformopportunities when they arise.


Best Practices

Extending day-to-day news coverage toinvestigative storiesThe Philippine Center for InvestigativeJournalism (PCIJ) is an independent, non-profitmedia agency that specializes in investigativereporting. Founded in 1989 by journalists, PCIJattempts to extend news coverage beyond day-to-day reportage by investigating news stories,following their development over time, andproducing award-winning reports, which can bepublished in local media that would otherwiselack such substantive work.

PCIJ provides low-budget fellowships toreporters so that they can take time off to pursuestories, and the center's board of seasonedjournalists serves as “coaches” to these fellows tohelp them develop their skills and talents. Duringthe past nine years, the center has produced morethan 200 stories, particularly on the environment,public accountability and governance, health, andthe judiciary. PCIJ has won more than 20 awardsfor its reporting. Where stories are sensitive, theboard members read stories for accuracy andbalance in order to limit the number of lawsuitsfiled against the center.

“Re-running” to redistribute programmingbeyond initial broadcastThe purpose of the National Association ofTeledistributors (NATD) was to createmechanisms to encourage the growth of the “re-run” market from broadcast programming. Thefirst convention of the NATD, funded by MDP,brought together Russian producers anddistributors offering re-run programming to theRussian market. The producers wanted toorganize a mechanism to help them redistributetheir programming to other stations and networksafter the initial broadcast. While many producersalready have business relationships withdistributors and stations interested in purchasingre-runs directly, all agreed that the market hadbeen suffering from a slow start-up. The NATDconvention invited MDP representatives to help

address these problems. MDP designed andpresided over seven seminars on related topics.

Representing media associations beforelegislative institutionsUnder MDP in Russia, the National Associationof Telebroadcasters (NAT) received support forits mission of representing telebroadcastersbefore Russian legislative and state institutions,and to provide broadcasters with technical,educational, and other practical support. NATwas formed in August 1995 as an association ofbroadcast television companies structured looselyon the model of the National Association ofBroadcasters, a U.S. television industryassociation. NAT's mandate is to represent andprotect the legal and commercial interests ofRussian broadcasters in legislative, regulatory,and executive bodies, to represent members innational and regional advertising markets, and toexpand international business ties. By the end of1997, NAT had over 130 member stations, andNAT activities included lobbying, seminars, andworkshops for TV professionals, an annual Tele-radio Expo, a weekly electronic newsletter, andthe sponsorship of special conferences on issuesof concern to the industry.

Awarding media excellence to increasevisibility and prestigeThis international journalism award was createdas an innovative part of the Latin AmericanJournalism Project (LAJP) funded by USAIDand designed and implemented by FloridaInternational University. The annual competitionrecognizes excellence and provides incentive forhigh standards within the journalism communityof Central America. A generous cash prize isattached to the award, which is handed out at anannual banquet where heads of state, members ofthe journalism community, and internationalguests are gathered. Corporate sponsors haveprovided the cash prize. The ceremonies are oftenbroadcast on television, which raises the visibilityof the recipient, and increases awareness ofquality journalism practices. The awardsprogram has been so successful that many referto it as the “Pulitzer Prize of Central America.”


In addition to the institutionalization ofprofessional norms and the recognition the prizeprovides, the awards ceremony generates aninterest in the training programs offered byLAJP, and reinforces personal networks that theprogram helped to establish in the region.

Independent news reporting to promotealternative viewsThe Budapest Center for Independent Journalismwas founded in 1995 by the New York-basedIndependent Journalism Foundation. The centeris a non-political, non-profit organizationsupporting ethical, unbiased investigative newsreporting. It offers opportunities for journalistsand media students to learn about new advancesin media technology, and organizes course,conferences, seminars, and roundtablediscussions. The programs at the center are freeof charge for journalists and journalism students.Special attention is given in programs andpublications to minority and multicultural issues.

Within the framework of the ProMedia program,300 journalists from local television stations weretrained by the center in local news productionand studio work. In addition, western advisorsoffered consultations for local stations onmanagement, advertising, and business plans.

D. Supporting Capitalization of Media

In many transition societies, governmentcontrolled media has been privatized only to yielda media sector which is controlled by powerfuleconomic elites who use the media for their ownfinancial or political gain. One of the ways toincrease the editorial independence of the mediais to strengthen outlets' abilities to manage theirbusiness operations, attract advertisers, andsecure loans for investments.

Training in business management and accountingis essential for the cost-effective administrationof news outlets. Many print outlets or broadcastmediums are established by journalists who havelittle or no financial background, and as a result,find it difficult to charge for advertising, reinvest

their profits, assess the assets, and adhere to abudget. Both the ProMedia program and LAJPtrained media owners in these areas.

One critical skill to develop is polling or trackingaudience data since this will let potentialadvertisers know the demographics of who isusing a certain media outlet. This will increasethe profits of the news outlets since they willknow which business would be most likely to buyspace.

Perhaps the most important area of financialsupport for media sector development comes inthe form of revolving loan funds. Some mediaoutlets, for a variety of reasons, find that they areineligible for credit from the formal lendinginstitutions and, therefore, rely on informal creditprograms run by NGOs. These funding sourcesenable the media outlets to decline governmentsubsidies, particularly in difficult economicenvironments, and retain a degree of editorialindependence.

Examples of types of activities in this area arelobby for higher journalist salaries, strengthendistribution mechanisms, training inbusiness/newsroom management,financial/technical support, and workshops. Morespecific best practices supported directly byUSAID and its partners follow.

Best Practices

Providing low-interest loans to encouragemedia in difficult economic/political climatesMedia Development Loan Fund (MDLF) is anot-for-profit organization that provides low-interest loans to independent media organizationsworking in particularly difficult economic andpolitical climates.

The existence of independent media in theseenvironments is jeopardized by poorly developedbanking systems, a lack of fresh investingcapital, discriminatory interest rates charged bylending institutions, and, frequently, politicalpressure on or control of the media. The need for


capital is the main obstacle for the improvementand growth of independent media organizations.It seriously limits their opportunities to reacheconomic vitality and commercial viability.

Understanding that self-supporting independentmedia organizations are the best insurance andguardian of democratic institutions and the idealof free and independent press, MDLF takes athree-step approach to media assistance:

• Loans are extended for projects that willsubstantially improve the borrowers' chanceto grow and become self-supporting.

• Repayment of loans is structured accordingto stringent reporting and monitoring rulesthat require the borrower to adopt a business-like attitude to the profession of journalismand improve management, financial, andbusiness skills in the process.

• Technical assistance for management andnew technology is provided to further insurethe success of both the loan and the mediaorganization.

Targets for loans are independent newspapers,magazines, radio and television stations, newmedia companies and media support andinfrastructure organizations that are independentof government control, strive for fact-basedjournalistic excellence, and offer the possibility tobecome self-sustaining with capital investmentthat they can repay.

Mobilizing technical/financial resources toimprove access to long-term financeWith USAID assistance, the Southern AfricanMedia Development Fund (Samdef Fund) seeksto promote the development of the emergentindependent media in the SADC region throughfinancial and technical support. The fund, basedin Botswana, became operational in 1998. Itmobilizes financial and technical resources tohelp media gain access to long-term finance, andto bridge the lending gap between independent,private media operations and the commercial

banking sector. In addition to providing lowinterest loans or credit guarantees, the fund offerstechnical and training support services, especiallyfinancing or facilitating the financing of projectfeasibility studies and business plans. Priorityneeds of many independent media includebusiness planning skills, strategic managementskills, financial management, cost control andpricing skills, marketing skills, technicalproduction skills, and lobbying skills to campaignfor an enabling environment for mediadevelopment.

E. Training

Training initiatives that increase indigenoustraining capacity or that support indigenousinstitutions may be more sustainable andeffective than those that attempt to create newstructures or institutions. In some cases,however, it may be impossible or inadvisable towork with existing institutions since these arefraught with political divisions, or are eitherdirectly or indirectly arms of government. Forexample, Florida International University decidednot to work through the universities orjournalists’ associations when it establishedLAJP since the groups were fractured and did nothave the credibility or capacity necessary toimplement a training project.

Training is a very popular activity within therealm of media sector support and has been usedeffectively in a variety of political environments,in particular by USIA. It is one which hasinherent limits, but which is critical to developinga sector which can reliably, accurately, and freelyreport news and provide citizens with relevantinformation. Without trained journalists, themedia is unable to check government power sinceinformation provided through the media may beseen as circumspect or sensationalistic.

Contextual factors also impinge on the success oftraining activities. These include corruption, lowsalaries, security threats, drug trafficking, natureof political regime, degree of politicalpolarization in society, and legal framework.


As mentioned previously, journalism training isusefully linked with media law reform, since acadre of trained journalists who can reportprofessionally may stave off restrictivelegislation from government.

Given the limited measurable impact of training,this activity should be undertaken carefully andwith a realistic set of objectives. For example,training journalists may not increase the number

of investigative reports published in the media,since this is affected by a number of contextualfactors such as the nature of the political regime,the power of advertisers, the financial resourcesof the outlet, and the willingness of owners andeditors to take risks.

Internews has found through its training efforts inMDP that the best training programs are thosethat stress education of trainers and strive todevelop long-term relationships with trainer-consultants. Combining American and Europeantrainers also helps to avoid the dominance of oneperspective, and to expose trainees to a range ofapproaches which may support their work.Trainees generally appreciate this, and tend toresent what they view as the imposition of U.S.values and ideals regarding the role of media indemocracy.

Examples of types of activities in this area areinternational fellowships/visitors programs,regional seminars/workshops, on-site training,use of new technologies, and production of CDrom/self-guide modules. More specific bestpractices supported directly by USAID and itspartners follow.

Best Practices

Institutionalizing journalist education incountry/region servedFrom 1988 to 1997, USAID provided nearly $12million in funding for LAJP, or ProgramaCentroamericano de Periodismo, to strengthenjournalism and journalism education in CostaRica, El Salvador, Guatemala, Honduras, andPanama. Florida International Universityadministered the project in Miami, Florida.Specific objectives included improvingprofessional skills in writing, reporting, editing,production, research, and management; raisingawareness of journalist ethics; strengtheningjournalism education programs in universities;developing instructional materials; andfacilitating continuing dialogue among thejournalists, owners, and educators in the region.To supplement the training courses LAJP offered

LESSONS LEARNED:Training

* Contextual factors also impinge onthe success of training activities.These include corruption, lowsalaries, security threats, drugtrafficking, nature of political regime,degree of political polarization insociety, and legal framework.

* Training efforts may have greaterimpact if a reliable alumni network isdeveloped in order to support thejournalists once they return to theirnews outlets, and to disseminateinformation beyond the initial coreof trainees.

* Training may help to lessenincidents of censorship andcorruption in the newsroom.

* Involving media owners, managers,and editors in training activities mayincrease the support whichjournalists receive once they returnto their newsrooms and try to put inplace the new skills they havelearned.

* The power of advertisers or thepolitical regime may hinderjournalists' ability to pursueinvestigative reports.


journalist prizes and written materials. LAJP'sawards program, Premios de PROCEPER, waswell received in the region. Journalists regardthese awards as the highest achievement possiblein the region. LAJP's monthly Spanish-languagejournalism review, Pulso del Periodismo, offereda wider dissemination of the ideas at the core ofLAJP's seminars, while focusing on topicsimportant to journalists in Latin America.

LAJP transferred the leadership and operation ofthe program from Florida InternationalUniversity to an appropriate Central Americaninstitution. The establishment of the Center forLatin American Journalism in Panama was asignificant accomplishment for LAJP. Over the10-year period, more than 6,800 journalistsrepresenting all major media took part in courses,seminars, and the master’s program. LAJP wassuccessful in carving out a training niche amongprofessionals and had an impact on the quality ofwriting, balance, depth, news collecting, editing,and technical production standards. LAJP's focuson journalist ethics and on codes of ethics helpedto significantly decrease corruption and conflictsof interest. Many participants are less willing toaccept censorship and are more aware of theimportance of strong, independent media in theservice of democracy.

16

Developing skills for a democratic society anda market economyThe Communications Strategies Program atWorld Bank’s the World Bank Institute (WBI,formerly the Economic Development Institute) isdesigned to help journalists and governmentcommunicators develop the skills they need tooperate in a democratic society and within amarket economy. Part of this effort has focusedon workshops in investigative journalism, oneelement of a broader effort to assist thepromotion of national integrity and the fight

16 For a full report on LAJP, including lessonslearned and factors influencing its success, see thesynthesis report produced by Noreene Janus and RickRockwell. The report is available from the Center forDemocracy and Governance.

against corruption. Workshops have been held inAfrica, and Central and Eastern Europe.

These workshops are designed to equipjournalists with the professional skills needed toinvestigate and report on incidences ofcorruption. The goal is to raise public awarenessthat “clean government” is every citizen's right,and that it should not be necessary to pay a bribeto receive a public service.

One case study used presents a case of graft andcorruption in the fictitious country of Freedonia,mainly in Palisades, the capital. The setting istypical, and one that many participants in WBI’sworkshops have found familiar. The case studycomprises 11 parts, to be used sequentially, andeach one presents new information andchallenges the journalist to make criticaldecisions about how to report each new piece of“news.” As the case unfolds, so does an intricateweb of bribery and corruption that develops boththe technical skills and the professional ethics ofthe participants.

Increasing media’s capacity to integratewomen into media coverageWith USAID support, WIDTECH providedUkrainian journalists covering the economictransition training in women's focus groupinterview techniques in order to increase themedia's capacity to integrate women into mediacoverage. The workshop began with twoclassroom days to learn interview and focusgroup techniques. Classroom instructionemphasized skills such as listening, asking non-leading questions, remaining objective, andpaying attention to the contribution of eachperson in a focus group. Participants also learnedhow to write focus group interview guides. Theguides they developed became the basis of theirinterviews. At least five stories about women'seconomic contributions to the new Ukrainianmarket economy were published or broadcast asa result of the focus group workshop.


VII. CONCLUSIONS

Media activities should not be viewed in isolationfrom other areas of democracy and governanceprograms and understood to only be important incivil society programming. In fact, greater impactmay be achieved by integrating USAID’s mediasupport into additional democracy andgovernance areas, particularly rule of law. Thisindirect approach may prove extremely beneficialin environments where outright media supportactivities might be impossible. In USAIDmissions where civil society budgets are limited,integrating media into other areas of democracyand governance programs (or environment orhealth) might be one way of leveraging additionalfunding for media support.

There is a need within USAID media supportprograms to strengthen the civil societyorganizations dedicated to advocating aroundmedia issues, such as the media law and policyinstitutes. Where these organizations are unableto access local funding, USAID support may beneeded to strengthen their capacity and enablethem to achieve long-term financialsustainability.

Another overlooked area of USAID mediaassistance is that of public service broadcast. Thebulk of USAID media activities have beencarried out in ENI, where the objective ofsupport was to facilitate the transition from statemedia to private, independent media. In manyAfrican countries, for example, such openings ortransitions are rare, and, given the amount ofpublic money that has been invested in statemedia infrastructure, privatization may not be anequitable course. A meaningful alternative mightbe to support state media's transition to abroadcasting service that is publicly owned andrun, but that reflects civil society's interestinstead of state propaganda.

Finally, given limited democracy and governancebudgets generally, and media sector supportbudgets specifically, it is important to prioritizeactivities according to which areas will yield the

greatest impact over the shortest period of time,or which activities will produce the mostsustainable, long-term results. Media law reformis a priority area in this sense, since it addressesthe structural and institutional constraints tomedia sector development. It is a necessary, butnot sufficient, condition in order to create amedia sector that will support democracy.Combined with self-regulation of journalists thiscan be a very powerful approach to mediadevelopment.

Media sector support is a critical prong ofstrategies to support democracy and goodgovernance. Challenges to media sectordevelopment are great and some— such as mediaoligarchs, hostile political regimes, and restrictiveeconomic environments— may prove beyond thescope of USAID assistance. Even when there areobstacles that USAID assistance mightreasonably address, the lack of political willwithin the country may hamper success. It isimportant, therefore, to choose media activitiesaccordingly and to tailor any sector supportstrategies to the local realities. This strategicapproach is an attempt to facilitate those choicesand to highlight some of the best practices andlessons learned within USAID and otherorganizations involved in media development.There is no substitute, however, for creativityand flexibility at the field level, and innovationsin designing and implementing media activitiesshould be encouraged.

It is also important to continue and to improvecoordination of USAID’s media sector activitieswith other parts of the U.S. government,particularly USIA. Effective donor coordinationwill also improve programming, leverage scarceresources, and avoid duplication of effort in thedemocracy and governance area.

APPENDIX A: Resource Organizations

American Bar AssociationCentral and East EuropeanLaw InitiativeEighth Floor740 15th Street, NWWashington, DC 20005-2009Tel: (202) 662 1950

The Asia FoundationTel: (415) 982-4640Fax: (415) 392-8863

Asian Media Information andCommunication CentreJurong PointPO Box 360Singapore 916412Email:[email protected]://www.amic.org.sg

Cardozo School of LawContact: Professor MonroePriceEmail: [email protected]: (212) 790-0402

Center for IndependentJournalism1053 BudapestEgyetem ter 5, I., #7Budapest, HungaryTel: (361) 1175448Email: [email protected]://w3.datanet.hu/~cij

Center for War, Peace, andthe News MediaNew York UniversityTel: (212) 998-7977Fax: (212) 995-4143

CIVICUS Secretariat919 18th Street, NW, 3rdFloorWashington, DC 20006Tel: (202) 331-8518Fax: (202) 331-8774Email: [email protected]://www.civicus.org

Covington and BurlingContacts: Ellen Goodman,Esq. and Kurt Wimmer, Esq.Tel: (202) 662-6000Fax: (202) 662-6291

EDI Learning ResourcesCenterThe World Bank1818 H Street, NWWashington, DC 20433http://www.worldbank.org/html/edi/home.html

Florida InternationalUniversityInternational Media CenterSchool of Journalism andMass CommunicationContact: Charles Green,DirectorEmail: [email protected]: (305) 919-5672Fax: (305) 919-5498

Freedom Forum1101 Wilson BoulevardArlington, VA 22209Email:[email protected]: (703) 528-0800Fax: (703) 522-4831

IDASAPO Box 1739Cape Town 8000South AfricaEmail: [email protected]://www.idasa.org.za

Indian Institute of MassCommunicationAruna Asaf Ali MargJNU New CampusNew Delhi 110067IndiaEmail:[email protected]

International Center forJournalistsTel: (202) 737-3700Fax: (202) 737-0530

Internews CaliforniaTel: (707) 826-2030Fax: (707) 826-2136

IREX, ProMedia ProgramTel: (202) 942-9129Fax: (202) 628-8189

Media Development LoanFund45 West 21st StreetNew York, NY 10010Email: [email protected]

Media Institute of SouthernAfrica21 Johann Albrecht StreetPrivate Bag 13386Windhoek, NamibiaTel: (264) 61-232975Fax: (264) 61-248016http://www.misanet.org

Media Studies Center580 Madison Avenue42nd FloorNew York, NY 10022Tel: (212) 317-6548

Moscow Media Law andPolicy CenterMoscow State UniversitySchool of JournalismRoom 338PO Box 351103009, MoscowRussiaTel/Fax: (7095) 203-6571Email: [email protected]

Open Society InstituteWashington Office900 17th Street, NWSuite 950Washington, DC 20006Tel: (202) 496-2407Fax: (202) 296-5381

Oxford Programme onComparative Media Law andPolicyOxford University Centre forSocio-Legal StudiesWolfson CollegeUniversity of OxfordOxford OX2 6UDemail: [email protected]://www.vii.org/PCMLP/

Panos London9 White Lion StreetLondon N1 9PDUKhttp://www.oneworld.org/panos/

Pew Center for CivicJournalism1101 Connecticut Ave., NWSuite 420Washington, DC 20036Tel: (202) 331-3200Email: [email protected]://www.pewcenter.org

Philippine Center forInvestigative Journalism12 Hernandez StreetSan Lorenzo VillageMakati, Metro ManilaPhilippines

Roma Press CenterH-1092 BudapestFerenc krt. 22. 2/3Budapest, HungaryTel: (36) 1-217-1059

Samdef FundPrivate Bag BO 86Gaborone, Botswanahttp://www.misanet.org

USAID Contacts:Peter Graves, Senior MediaAdvisorBureau for Europe and NewIndependent StatesUSAID/Washington, DC20523-3100Email: [email protected]: (202) 712-4114

Gary Hansen, SeniorTechnical Advisor, CivilSocietyCenter for Democracy andGovernanceUSAIDWashington, DC 20523-3100Email: [email protected]: (202) 712-1521

U.S. Information Agency301 4th Street, SWWashington, DC 20547Tel: (202) 619-4355Fax: (202) 619-6988Email: [email protected]://www.usia.gov

WIDTECH1625 Massachusetts Ave,NWSuite 550Washington, DC 20036Email: [email protected]

World Association ofCommunity RadioBroadcasters3575, boul. Saint-Laurent,Bureau 611Montreal, Quebec H2X 2T7CanadaTel: (514) 982-0351Email: [email protected]:///www.web.net/amarc

APPENDIX B: AssessmentTools 1

For maximum impact, the context in which mediainterventions take place should be analyzed.Based on the Center’s Strategic AssessmentMethodology, the media sector analysis shouldinclude the following areas:

Number and types of mediaWhat is the format (tabloid, traditional),circulation, and type of content (religious,political, entertainment, etc.)? What has been thehistory of the media over the past two decades?

Inventory of journalistsNumber and types of journalists, levels ofprofessional training, regional focus and types ofspecialization of each. What are the politicalconditions in the country? Are they pre-conflict,post-conflict? What are the ethnic and politicalpolarizations in the country?

Analysis of journalists’ conditionsSecurity/health and safety, salaries, bonuses,support for training

Inventory of training programs for journalistsWhich universities have programs? What degreesare available in the country? Can the professionabsorb the graduates? What are the costs, whichtypes of students enroll, and how many studentsfinish the programs? What percentage of thecourses would be considered practical vs.theoretical. Are the programs politicized? Whatprograms do other international donors fund?How can the duplication of the work of otherdonors be avoided by USAID? What are attitudes

l This sector assessment tool was developed using

the Center’s IQC mechanism. Under the IQC, WorldLearning hired Noreene Janus and Rick Rockwell toassess the Latin American Journalism Project carriedout by Florida International University. Theassessment tool was developed as part of themethodology. It was substantially revised onNovember 19, 1998 during a one-day workshop atAmerican University.

toward working with USAID? Are they willing toaccept USAID funding?

Analysis of the legal frameworkWhich agency controls broadcasting and printmedia, new licenses? To what degree are lawsimplemented? What are the obstacles toimplementation of laws currently on the books?Which sectors of society benefit from looseimplementation of the laws and how? For whichoffenses can journalists be jailed? How does thelegal system protect journalists? Does thecountry have a media ombudsman? Is there aforum for settling media disputes?

Analysis of the professional associationsHow many are there, with whom are theyaffiliated, what types of activities do they offer?What are their goals? Are they growing or losingmembers? How do they appeal across politicalparties and generations? Which organizationscould serve as local partners for a sectordevelopment program? To what extent wouldother organizations such as NGOs share interestin and promote the goals of such a program?

Gender issuesHow are male and female journalists treatedcomparatively? Is there a difference in theirresponsibilities, pay scales, benefits, support,advancement, and visibility? Are ethnic groupsrepresented in the newsrooms?

Investigative journalismHow much is there and is it increasing ordecreasing over time? Is it “personality-driven”?What are the obstacles to investigativejournalism?

Ownership/concentrationWho/ what type of company owns the media,type of ownership, affiliations? Are regional orindustrial groups over-represented? How isownership changing over the years? Do workersshare in the ownership?

What is the level of foreign penetration in themedia? What countries of origin and which mediaare targeted. What has been the method of

penetration? How has foreign penetrationaffected programming or editorial content? Whatattitudes exist regarding foreign ownership ofmedia? Are international broadcasters carried onlocal stations?

Who controls technology, the private sector, orthe government?

CensorshipWhat are the limits on media content and how arethey imposed?

Ethics/CorruptionDo media professionals accept payment or giftsin exchange for coverage? How do they compareby medium, age, and time?

Content analysisCompare media on the basis of balance, sources,types of stories, the level of commercial content,and use of sensationalism

Civil societyHow many groups are there? What type ofcoverage do they receive? How do they maketheir goals and positions known? How do theycompare by type of group?

What are press attitudes toward NGOs and othercivil society groups?

Do senior managers welcome public-servicejournalism?

What are government attitudes toward the press?What international standards can be presented tothe government?

Alternative mediaHow many alternative media exist? Who fundsthem? How do they market their media?

RadioHow many stations are there? For each one, whatis its format (music, sports, talk), and how muchnews does it carry? With which organizations isit affiliated (political or religious)? What is itsgeographical reach? Who owns the station andwhat is the status of its financial health?

Rural mediaWhat types of media are available to ruralconsumers? Are they increasing in number ordecreasing? How do they compare with urbanmedia in terms of training of the journalists,salaries, advertising revenues, and equipment?

Media consumption patternsWhat are patterns by media, by region, bygender, by income, by language group, and byage?

Media finance/advertisingHow are the media financed? What percentage isfunded by advertising and what part ofadvertising is government-originated? How largeis the national advertising pie and how is itallocated among media?

APPENDIX C: WindhoekDeclaration

The Windhoek Declaration is a statement of principles drawn upby journalists in Africa to preserve and extend the freedom of the

press. This 1991 UNESCO resolution on “promotion of pressfreedom in the world,” had recognized that a free, pluralistic, andindependent press was an essential component of any democraticsociety. World Press Day is commemorated each year on May 3rd,

the date the declaration was approved.

The 1991 Windhoek Declaration declares that

1. Consistent with Article 19 of the UniversalDeclaration of Human Rights, the establishment,maintenance, and fostering of an independent,pluralistic, and free press are essential to thedevelopment and maintenance of democracy in anation, and for economic development.

2. By an independent press, we mean a pressindependent from governmental, political, oreconomic control, or from control of materialsand infrastructure essential for the productionand dissemination of newspapers, magazines, andperiodicals.

3. By a pluralistic press, we mean the end ofmonopolies of any kind and the existence of thegreatest possible number of newspapers,magazines, and periodicals reflecting the widestpossible range of opinion within the community.

4. The welcome changes that an increasingnumber of African states are now undergoingtowards multiparty democracies provide theclimate in which an independent and pluralisticpress can emerge.

5. The worldwide trend towards democracy andfreedom of information and expression is afundamental contribution to the fulfillment ofhuman aspirations.

6. In Africa today, despite the positivedevelopments in some countries, in manycountries journalists, editors, and publishers arevictims of repression...In some countries, one-party states control the totality of information.

7. Today, at least 17 journalists, editors, orpublishers are in African prisons, and 48 Africanjournalists were killed in the exercise of theirprofession between 1969 and 1990.

8. The General Assembly of the United Nationsshould include in the agenda of its next sessionan item on the declaration of censorship as agrave violation of human rights falling within thepurview of the Commission on Human Rights.

9. African states should be encouraged to provideconstitutional guarantees of freedom of the pressand freedom of association.

10. To encourage and consolidate the positivechanges taking place in Africa, and to counter thenegative ones, the international community ...should as a matter of priority direct fundingsupport towards the development anestablishment of nongovernmental newspapers,magazines, and periodicals that reflect the societyas a whole and the different points of view withinthe communities they serve.

11. All funding should aim to encouragepluralism as well as independence. As aconsequence, the public media should be fundedonly where authorities guarantee a constitutionaland effective freedom of information andexpression, and the independence of the press.

12. To assist in the preservation of the freedomsenumerated above, the establishment of trulyindependent, representative associations,syndicates, or trade unions of journalists andassociations of editors and publishers is a matterof priority in all the countries of Africa wheresuch bodies do not now exist.

13. The national media and labor relations lawsof African countries should be drafted in such away as to ensure that such representativeassociations can exist and fulfill their importanttasks in defense of press freedom.

14. As a sign of good faith, African governmentsthat have jailed journalists for their professionalactivities should free them immediately.

Journalists who have had to leave their countriesshould be free to return to resume theirprofessional activities.

15. Cooperation between publishers withinAfrica, and between publishers of the North andSouth...should be supported.

16. As a matter of urgency, the United Nations,and particularly the International Program for theDevelopment of Communication, should initiatedetailed research [in identified areas].

17. In view of the importance of radio andtelevision in the field of news and information,the United Nations and UNESCO are invited torecommend to the General Assembly and theGeneral Conference the convening of a similarseminar of journalists and managers of radio andtelevision services in Africa, to explore thepossibility of applying similar concepts ofindependence and pluralism to these media.

18. The international community shouldcontribute to the achievement and implementationof the initiatives and projects set out in the annexto this declaration.

19. This declaration should be presented to thesecretary-general of the United Nations GeneralAssembly, and by the director-general ofUNESCO to the General Conference ofUNESCO.

A STRATEGIC APPROACH FOR MEDIA SECTOR SUPPORTFUNCTIONS BARRIERS/SECTORAL

WEAKNESSESACTIVITIES

WATCHDOG§ Government§ Civil Society§ Private Sector CIVIC EDUCATION

NEWS ANALYSIS

CHANGE AGENT

A. LEGAL RESTRICTIONS§ Limited freedom of

information orexpression

§ Licensing printjournalists

§ Violations ofinternational humanrights conventions

§ Violations of nationalconstitutions

A. SHAPING THE LEGAL ENABLING ENVIRONMENT§ Cross national media law advising§ Training and/or institutional support to establish independent regulatory bodies§ Training in international law and standards to which countries' media laws must comply§ Information dissemination regarding laws and implications these have for media freedoms (e.g. registration, print licensing, criminal penalties for

libel and slander)§ Support for independent judiciary§ Support for media law curriculum at law schools§ Training for media lawyers§ Information dissemination regarding laws and implications these have for health of business sector (i.e. the ability to disseminate information

relevant to make investment choices, track international markets, monitor government policies, etc.), and ability to attract investors to media sector§ Training/support on drafting media laws, particularly governing use and role of media around elections§ Institutional support to ensure even application of laws§ Support for legal defense funds

B. LIMITED SECTORALSUPPORT§ Media law and policy

organizations§ Media watchdogs§ Research

institutes/think tanks§ Advocacy organizations§ Professional

associations§ Training

institutes/universities§ Critical readers who

value news function

B. STRENGTHENING CONSTITUENCIES FOR REFORM§ Capacity building support§ Advocacy training§ Sustainable financing strategies§ Endowments§ Networking (national, regional, international levels)§ Outreach to readers (roundtables, opinion polls, audience share data)§ Development of informal codes for professional conduct§ Press council development or other mechanisms for self-regulation§ Awards programs to acknowledge excellence, discourage unethical behavior, and publicize contributions of press to society§ Civic education to teach readers how to: evaluate news sources for credibility; analyze news; engage media outlets through letters to the editor and

other feedback mechanisms; use press to promote interests; check reports for bias; use information to lobby government, mobilize citizens andencourage informed action and decisions

C. LIMITED PLURALISM(internal and external)§ Government control

(formal and informal)§ Media

oligarchs/economicelites

§ Commercial concernsdominate newsfunctions (reaching"lowest commondenominator")

C. REMOVING BARRIERS TO ACCESS§ Reform regulation regarding entry to market§ Reform regulation regarding public service broadcast to reflect minority interest§ Level playing field for private, governmental, domestic, foreign media (registration, licensing, access to information)§ Limit advertising revenues for government subsidized media§ Reform commercial laws, particularly related to commercial lending and investment§ Support alternative media, particularly minority interest and community broadcast§ Support production of news features, specials related to minority interest§ Create incentives for regional media/community media§ Strengthen skills in business management and technical areas (e.g. production)§ Provision of small grants and loans to media outlets to cover start-up expenditures, infrastructure development, technological improvements,

running costs, etc. which increase access to and ownership of production and distribution mechanisms§ Newsroom and management training to sensitize management and staff to minority and gender concerns to ensure these receive adequate

coverage in mainstream press§ Conduct workshops and training to learn how to locate subtle and overt discrimination and edit out of news stories§ Encourage media interaction with civil society organizations concerned with minority and gender issues to influence agenda- setting process in

newsroom

D. FINANCIAL D. SUPPORTING CAPITALIZATION OF MEDIA

CONSTRAINTS§ Advertising revenues

lacking, especially inrural areas

§ Limited start-upcapital/investors

§ Limited business skills§ Limited understanding

of audience share oraudience preferences

§ Lobby for higher journalist salaries (labor unions)§ Strengthen distribution mechanisms to increase subscriptions/sales revenues§ Training in business and newsroom management to support the financing operations of media outlets§ Financial and technical support to assist the development of non-governmental advertising, particularly in regional media§ Training and workshops to encourage and document success stories of the development of credible, non-sensationalistic outlets which have

achieved commercial success

E. LIMITED TECHNICAL/PROFESSIONALCAPACITY§ Basic skills§ Ethics§ Investigative reports§ Specialist reports

(health, courts,economics,environment, humanrights)

§ New technologies

E. TRAINING§ International fellowships/visitors program§ Regional seminars/workshops§ Internships/practical experience§ Reform university curriculum§ On-site training (newsroom seminars)§ Textbook production/periodicals§ Video conferencing§ Production of CD ROM/self-guided modules§ New technologies, particularly internet§ Staff attachments

OTHER TECHNICAL PUBLICATIONS FROMTHE OFFICE OF DEMOCRACY AND GOVERNANCE

PN-ACB-895Alternative Dispute Resolution Practitioners Guide

PN-ACM-001Case Tracking and Management Guide

PN-ACC-887Civil-military Relations: USAID�s Role

PN-ACH-305Conducting a DG Assessment: A Framework for Strategy Development

PN-ACH-300Decentralization and Democratic Local Governance Programming Handbook

PN-ACD-395Democracy and Governance: A Conceptual Framework

PN-ACC-390Handbook of Democracy and Governance Program Indicators

PN-ACE-070A Handbook on Fighting Corruption

PN-ACF-631Managing Assistance in Support of Political and Electoral Processes

PN-ACE-630The Role of Media in Democracy: A Strategic Approach

PN-ACF-632USAID Handbook on Legislative Strengthening

PN-ACE-500USAID Political Party Development Assistance

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