President vetoed some provisions of new PSB legislation
2005/02/16
On 14 February 2005 President of Mongolia, Natsagiin Bagabandi has vetoed 3 provisions of newly adopted Law on Public Radio and TV (PRTV).
1. He insists that purpose of additional channel on paid basis, which is provided by provision 7.2, is not clear, so he suggests to precisely legislate that this channel can be used for educational aim for example, which would meet main objectives of public broadcasting, not for commercial usage.
2. Provision 7 guaranteeing advertising as one of PRTV revenues and particularly provision 13.4, which restricts advertising as 2% of daily broadcasting time, are contradictory to provision 3.1 of the same law stating PRTV as non-profit-making entity. He assumes it also does not meet the main goal of PRTV to serve the Mongolian public. According to President he refers to the views of professionals that the permission of advertising on PRTV will limit of free market competition and cuts economic conditions for stable functioning and restrict further development of television broadcasting of other types thus affecting citizen's rights to access pluralistic information and make their choices. He suggests that social advertising should be transmitted without any charges
3. Provisions related to nomination of candidates to National Counsil, which state 2 by the President, 2 by the Government and 2 by the Parliament and 9 by NGOs, of which legal grounds provided by the law, are subject to veto. These points create imbalance of state institutions and it is missing women, children and provincial representation and mechanism of electing NGO representative is not clear and difficult to implement. He also insists it is not certain how to define that candidates meet the criteria provided by provision 21.4 and it is not suitable for National Counsil to endorse their candidature by their own, its mechanism is not clear. It is also not precise what is the procedure in the case if the candidates are refused
On the same day the President of Mongolia wholly vetoed the Law on Transfer of State Property to Public Property. The said Law provides transfer of state property with costs an eq. 5,521,063,029 MNT to PRTV. He assumes it contradicts to provision 30 of the Law on State and Local Property, which provides the procedure of transfer of state property. He suggests that absence of legislation of administrating public property should be taken into account. The above law was passed by the Parliament on 28 January in connection with newly passed PSB legislation.
Mongolian media have accepted the President's veto differently. Commercial TV stations have praised President's decision and MRTV is extremely critical about his decision. In the evening of February 15, 2005 Mongolian National TV transmitted a live programme involving big number of creative workers attended and they expressed their opinions. The most of speakers have focused on economic conditions, which may cause the advertising restriction. They have accused the President that he had taken decision under influence and lobby of his close friend, who owns TV station along his several newspaper and FM radio. They also criticized that some MP, who are close to TV9, protect their own interests and business. One of journalists said that Mongolians know TV9 is running by Enkhbayar, Speaker of the Parliament and MP Monkhorgil and Batbold.
Mongolian National TV has started serious of such opinion programmes 4 days ago, when they have found out about possible veto of the President. Leaders of commercial TV stations: Channel 25, TV9,TV5 and UBS have been actively expressed their opinions through media after enactment of PSB legislation. Main discussions have been turned to 2% permission of advertising. License fees, which have been fixed in 1998 after 1998 Media Freedom Law has been administrated by the Government and 75 % allocated to MNRTV and 25% - to commercial TV. It was one of stable revenues to support commercial broadcasting but now they are loosing economic power - leaders said. Leaders of commercial TV stations accuse the legislators that they want to keep the political and economic monopoly of MNRTV even after re-structuring. According to them new PRTV would never be an independent in the case if economic dependence is still remaining. The monopoly will cause the development of private broadcasting stations.
1. He insists that purpose of additional channel on paid basis, which is provided by provision 7.2, is not clear, so he suggests to precisely legislate that this channel can be used for educational aim for example, which would meet main objectives of public broadcasting, not for commercial usage.
2. Provision 7 guaranteeing advertising as one of PRTV revenues and particularly provision 13.4, which restricts advertising as 2% of daily broadcasting time, are contradictory to provision 3.1 of the same law stating PRTV as non-profit-making entity. He assumes it also does not meet the main goal of PRTV to serve the Mongolian public. According to President he refers to the views of professionals that the permission of advertising on PRTV will limit of free market competition and cuts economic conditions for stable functioning and restrict further development of television broadcasting of other types thus affecting citizen's rights to access pluralistic information and make their choices. He suggests that social advertising should be transmitted without any charges
3. Provisions related to nomination of candidates to National Counsil, which state 2 by the President, 2 by the Government and 2 by the Parliament and 9 by NGOs, of which legal grounds provided by the law, are subject to veto. These points create imbalance of state institutions and it is missing women, children and provincial representation and mechanism of electing NGO representative is not clear and difficult to implement. He also insists it is not certain how to define that candidates meet the criteria provided by provision 21.4 and it is not suitable for National Counsil to endorse their candidature by their own, its mechanism is not clear. It is also not precise what is the procedure in the case if the candidates are refused
On the same day the President of Mongolia wholly vetoed the Law on Transfer of State Property to Public Property. The said Law provides transfer of state property with costs an eq. 5,521,063,029 MNT to PRTV. He assumes it contradicts to provision 30 of the Law on State and Local Property, which provides the procedure of transfer of state property. He suggests that absence of legislation of administrating public property should be taken into account. The above law was passed by the Parliament on 28 January in connection with newly passed PSB legislation.
Mongolian media have accepted the President's veto differently. Commercial TV stations have praised President's decision and MRTV is extremely critical about his decision. In the evening of February 15, 2005 Mongolian National TV transmitted a live programme involving big number of creative workers attended and they expressed their opinions. The most of speakers have focused on economic conditions, which may cause the advertising restriction. They have accused the President that he had taken decision under influence and lobby of his close friend, who owns TV station along his several newspaper and FM radio. They also criticized that some MP, who are close to TV9, protect their own interests and business. One of journalists said that Mongolians know TV9 is running by Enkhbayar, Speaker of the Parliament and MP Monkhorgil and Batbold.
Mongolian National TV has started serious of such opinion programmes 4 days ago, when they have found out about possible veto of the President. Leaders of commercial TV stations: Channel 25, TV9,TV5 and UBS have been actively expressed their opinions through media after enactment of PSB legislation. Main discussions have been turned to 2% permission of advertising. License fees, which have been fixed in 1998 after 1998 Media Freedom Law has been administrated by the Government and 75 % allocated to MNRTV and 25% - to commercial TV. It was one of stable revenues to support commercial broadcasting but now they are loosing economic power - leaders said. Leaders of commercial TV stations accuse the legislators that they want to keep the political and economic monopoly of MNRTV even after re-structuring. According to them new PRTV would never be an independent in the case if economic dependence is still remaining. The monopoly will cause the development of private broadcasting stations.