Let’s compare the current Constitution with the changes in the draft proposed in the December 6 referendum, eradicating the eternal conviction that if that what we have works, that’s good too.
The comparison shows that, in fact, there’s aren’t any fundamental changes in the provisions relating to the media. The greatest tangible change, ultimately, is that, if applied, the number of members of the broadcast media regulatory body will reduce by one — becoming seven from eight. (At one time, there were complaints that the body adopting decisions by vote cannot be comprised of an even number of members.)
But there’s no reason to cast lots to decide the member who will be cut from the commission. If the draft Constitution is adopted, this article will come into effect the day the newly elected president assumes his post — April 9, 2018. Instead of the provisions of this chapter, the provision adopted in 2005 will be in effect until then, while commission members will continue to serve until their terms expire.
All the novelties relating to the media in the draft are about this commission — an entire chapter is dedicated to it. With the current Constitution, half of the commission members are appointed by the president of the country; the other half, by the National Assembly. All serve a six-year term.
With the proposed draft, the National Commission on TV and Radio (NCTR) candidate members are proposed by the authorized Standing Committee of the National Assembly and elected by the National Assembly. Likewise, for 6 years.
Enshrined are new requirements. For example, NCTR members during their terms cannot be members of any political parties or engage in any other political activity. If they violate this requirement, by National Assembly vote, their powers are suspended.
As with the current Constitution, with the draft, too, the Commission’s existence doesn’t rule out the creation of the Council of Public Television and Radio Company of Armenia.
And one more slight difference — again numeric. Media freedom is guaranteed under Article 27 of the current Constitution; with the proposed draft, it’s Article 42.
Ruzan Khachatryan
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