Pauliuk Bykouski: New amendments to the law on mass media might hide numerous pitfalls

While the officials feel the need to control Belarus’ information area at any price, journalists have lots of questions regarding the methods of such control.

On December 17 the House of Representatives surprised everyone with the adaptation of the amendment to the law “On mass media” in two readings, the draft law of which was never submitted for examination to the officially accredited journalists.

Naturally, sudden activity of the authorities that touches upon the regulation of the Internet media’s work couldn’t but raised lots of questions.

The pitfalls of the draft law, which seems to become fully open only after its publication, “EuroBelarus” Information Service discussed with the media expert Pauliuk Bykouski.

- The Information Minister stated that the issue of amending the law on mass media has been discussed for several of years. However, the adaptation of the law in two readings came to be unexpected for everyone except the officials themselves.

- On the one hand, the issue of registration of Internet media has been discussed since 2008. However, it turned out that this procedure wouldn’t be introduced. So I don’t think it is right to say that the amendments to the law have been discussed, as their nature turned to be different.

All the more that the registration of the Internet media was provided by the law as of 2008 as an assignment for the Council of Ministers for adaptation of the by-law, and now the case has changed completely.

As to the journalists’ community, Lilia Ananich said that the draft law was approved at the plenum by the Belarusan Journalists Union, while in fact even the employees of the state media were surprised that the law was on the agenda of the House of Representatives.

- What might be the reason for such prompt consideration of amendments to the law on mass media?

- For some reason they find it necessary to enable the law on January 1, 2015. If we take the part that concerns Internet I see no grounds for such haste, as legal relationship won’t change as the possibility to block Internet resources were present in the previous law as well, and the Information Ministry didn’t bear any responsibility for this procedure.

- But now the Information Ministry will be able to issue instructions to the Internet recourses.

- Yes, there was no such procedure before. But this is not so important if there is a possibility to block websites.

However, we have to pay attention to something different: the draft law introduces the list of distributors of printed media, which, I believe, is a very serious amendment.

As Ananich noted, before the list of distributors of printed media was introduced we hadn’t have any idea as to how many bookstores we had. It appeared that they are much more numerous as they were not subject to the Ministry; but now it will be changed.

Now people sell papers at markets and in trains; it is unclear how they will be doing it in the future.

There is one more interesting thing: a lot of regional media have alternative system of distribution and don’t need permission for that. Now they become distributors of printed media and have to be put on this list.

Another standard act can be adopted in addition, such as a certain list of production that the bookstores or/and distributors of printed media will have to have on sale.

- What else controversial can be hidden in the statement the Information Minister made on December 17?

- An important parameter touches upon restriction to found a media establishment for a foreign owner. Today’s norm in Belarus is limited to 30 per cent, in Kazakhstan – to 20 per cent, and to zero percent in Russia.

We are putting a norm on the level with Kazakhstan, which, however, won’t be applicable to the already working mass media.

However, in general it will limit foreign investments to the sphere of mass media in Belarus even more, although it is already not very attractive for business even now, since it is more difficult to enter this business, as it requires registering both agent of management and the media itself.

Besides, this business is less profitable, so it appears that there is no sense to invest in it.

- Why did the authorities stopped at these measures and didn’t introduce registration of Internet media?

- Lawyers didn’t manage to invent the notion of Internet media. Ananich mentioned that there’d be a possibility to get accreditation from an Internet media. We shall see how it’ll work in practice: without registration as such it is unclear on what grounds will the decision about accreditation be taken.