Failure of the Audiovisual Media Law and the contradiction that holds public interest hostage

Failure of the Audiovisual Media Law and the contradiction that holds public interest hostage

Nelku Raimonda

Abstract


Democratic transitions of Eastern countries brought about the need to shifting from eastern into western paradigms. Transitioning into western models of media, more specifically to the public system of broadcasting became a prerequisite for achieving the EUstatus for Eastern European transitioning countries. It has been twelve years since Albania entered the process of transformation from being a State TV towards becoming a PublicTelevision. The article aims to provide a theoretical framework of public television networks in western countries pointing to the pertaining relationships with their political systems. Using this methodology, the article evaluates the developmental process of RTSH, and traces the evolution of certain fundamental laws to determine that political elites have not put forth any efforts to reform laws to establish self-regulatory instruments and guarantee the media independence as a self regulated institution. Despite international recommendations and internal pressures for change, the practices in the area of public network television services have served the private interest of political parliamentary forces .Using the Hallin and Mancini comparative models for media, we established that efforts towards reformation, the changes of Albanian public television are not guided towards a liberal democratic model; instead they resemble a Mediterranean or polarized system. Political arbitration in choosing key institutions that ensure self-regulation and the direction of public service broadcasting reflects similarities with the Italian model of Lottizzazione. However, the design of hybrid laws whose structures and functions do not serve public interests, but instead ensure the interest of political elites, is not a formula that guarantees public service broadcasting. By choosing to pursue the old trend of TVSH’s broadcasting methods, politics is channeling the future of public service broadcasting towards a polarizing model. The approach that would allow a liberalization of Public Service Broadcasting, demands a political emancipation and consensus on this particular issue. For now, the signs of consensus are nowhere to be seen, and as such the fate of public service broadcasting remains in a pending status. One of the main consequences in this process, remains the under-informed public that is a vital element in a viable democracy. In this case, society becomes the victim of an autocratic system, perpetually stuck in a vicious cycle against democratic interest.

Keywords


Media Law; autocratic system; public interest; broadcasting law; democracy; role of press and media

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References


Communication from the Commission to the European Parliament and the Council: Albania2012ProgressReport;http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/al_rapport_2012_en.pdf

Private Television in Poland & Slovakia/Matúš Minárik /IPF Policy Research Paper, March 2003.

Daniel C.Hallin & Paolo Mancini, Comparing Media System, Three Models Of Media and Politics; Cambridge University Press, 2004.

The Joan Shorenstein Center on the Press, Politics and Public Policy Working Paper Series State into Public: The Failed Reform of State TV in East Central Europe By Alina Mungiu- Pippidi Shorenstein Fellow, Spring 1999

Daniel C.Hallin & Paolo Mancini, Comparing Media System, Three Models Of Media and Politics; Cambridge University Press, 2004.

Daniel C.Hallin & Paolo Mancini, Compering Media System, Three Models Of Media and Politics; Cambridge University Press, 2004

Ibid.

Ibid.

Kelly (1983) at Daniel C.Hallin & Paolo Mancini, Comparing Media System, Three Models Of Media and Politics; Cambridge University Press, 2004.

Private Television in Poland & Slovakia IPF Policy Research Paper, March 2003.

Padovani, Cinzia, A Fatal Attraction, Public Televisions and Politics in Italy, ©2005 by Rowman & Littlefield Publishers, Inc.

Ibid.

Daniel C.Hallin & Paolo Mancini, Comparing Media System, Three Models Of Media and

Politics; Cambridge University Press, 2004.

Interview with Musa Ulqinin. SP MP, Representative of Parliamentary Media Commission,

May 2008.

Law No.8410, date 30.9.1998 “On Public and Private Radio and Television int he Republic of

Albania.”

Fuga Artan, Briret e Dhise, Ora Botime, 2008

Television across Europe Follow up 200 8, EU MONITORING AND ADVOCACY PROGRAM

Ibid.

Ibid.

Karol Jakubowicz, Analysis and review of Law 8410.1998(amended) on Public Radio and Television in the Republic of Albania, August 2004.

Ibid.

KKRT; Annual Report 2007.

RTSH; Annual Report 2008.

KKRT;Annual Report 2008.

Ibid.

RTSH; Annual Report 2009.

Ibid.

Appendix: Tables I/II/III

Ibid.

Ibid.

Mc Quail; Mass Communication Theory; Sage Publication;2005.

Draft Law “On Audiovisual media in Republic of Albania.”

Ibid.

Fuga Artan, Brirët e Dhisë, Ora Botime 2008.


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