MORE MODERATE THAN EXPECTED MEDIA LAW PASSES LOWER

UNCLAS SECTION 01 OF 02 KABUL 001748

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SUBJECT: MORE MODERATE THAN EXPECTED MEDIA LAW PASSES LOWER
HOUSE


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SUMMARY
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1. (SBU) On May 22 the Lower House of Parliament passed the
Media Law. The text is less restrictive than the law
currently in force, based on a presidential decree. It
allows foreigners to invest in all forms of media. Radio
Television Afghanistan (RTA) will not be under direct
Ministerial control (as previous drafts proposed),but will
remain "within the structures of the state." The Chair of
the High Media Council (HMC),responsible for setting general
media policy, will be elected by members of the Council. It
was previously proposed that the Minister of Information and
Culture would be the permanent Chair. Concern about media
licensing lingers since it will be decided by the Minister of
Information, which gives him considerable control over who is
allowed to open a new media outlet. As Parliament is
scheduled to go on recess in two weeks, the Upper House may
not vote on the law until August. END SUMMARY.

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Upper House May Not Pass Bill Before Recess
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2. (SBU) Having passed the Lower House on May 22,
Afghanistan's amended Media Law now moves to the Upper House,
which will have 15 days to approve the bill or propose
amendments. The text is less restrictive than the current
law, which came into force based on a Presidential decree
prior to the Parliament coming into play. Parliament's
summer recess is scheduled to begin on June 6, ten working
days after the Upper House receives the bill. There has been
speculation that the Parliamentary session will be extended,
but thus far no action has been taken. If there are no
suggested changes, the bill will then move to the President
for signature. If amendments are proposed, a joint
commission composed of MPs from each house will be formed to
determine the final text of the bill.

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High Council for Media Will Set Policy
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3. (SBU) The High Council for Media (HCM) established in
the law will set the general media policy for all media
outlets. The Council will be comprised of members from
various groups, including GOA representatives, journalists,
and civil society members. The HCM Chair will be elected by
HCM members. This is a positive change from previous drafts,
which proposed that the Minister of Information and Culture
be appointed permanent Chair. The election process allows
the Council to carry out its mandate with a higher degree of
independence from the Ministry than if the Minister had been
appointed permanent Chair. The HCM will nominate candidates
for the Commission for Media Affairs, the complaints
committee created to examine and manage media-related
complaints, and the head of state-run Radio Television
Afghanistan (RTA) and will oversee RTA's budget. The
President will approve these nominations.

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Commission for Media Affairs Will Handle Complaints
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4. (SBU) The law also establishes the Council for Media
Affairs (CMA) to examine and investigate complaints and
offenses. If the CMA is unable to settle a case, it will
transfer cases to the relevant judicial authorities.
According to the draft law, there will be a special court for
media complaints. The specific composition and operation of
the court remains to be determined. Investigation on cases
is therefore entirely handled by the CMA instead of the
Attorney General's office. The Commission will be composed
of nine "professionals" from civil society groups,
journalists, "intellectuals", and GOA representatives. Two

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Lower House and two Upper House Parliamentarians will be
observers. The nine members will be nominated by the High
Media Council and approved by the President.

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Radio Television Afghanistan Commission Protects Integrity
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5. (SBU) The Radio Television Afghanistan (RTA) Commission,
also created in the law, will have responsibility for
ensuring the independence of RTA is respected. RTA will not
fall under direct Ministerial control, which is a positive
development, but will remain "within the structures of the
state." (Note: This phrase remains to be clarified. End
Note). The RTA Commission will propose and implement the RTA
budget, issue an annual report to the Lower House's Cultural
and Religious Affairs Committee, and implement the RTA
charter and policy designed by the High Council for Media.
The Commission will be composed of one mullah, one lawyer,
one engineer (type of engineer is not specified),two
journalists, one civil society representative, and one
"artist." The High Council of Media will propose the head of
RTA, who will automatically chair the RTA Commission.

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COMMENT
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6. (SBU) The version that the Lower House passed is less
restrictive than the law currently in force and certainly
less restrictive than earlier drafts. Lingering concern over
licensing remains as authority will be held by the Minister
of Information, giving him considerable control over who is
allowed to open a new media outlet. The EU, which has been
very active in lobbying for several specific amendments to
the law, agrees that the final draft is better than they
expected, and noted that several of their proposed changes
had been taken into account in the final draft. END COMMENT.
WOOD