MONGOLIAN PRESS MOSTLY OR "PARTLY FREE," BUT FEELING

UNCLAS SECTION 01 OF 03 ULAANBAATAR 000192

SIPDIS

SENSITIVE

SIPDIS

STATE FOR EAP/CM, EAP/PD, DRL, EAP/P, IIP/EAP
STATE PASS USTR, EXIM, AND OPIC

E.O. 12958: N/A
TAGS: PGOV PREL OPRC KDEM KMDR KPAO MG
SUBJECT: MONGOLIAN PRESS MOSTLY OR "PARTLY FREE," BUT FEELING
INTIMIDATED

Ref: A) 07 Ulaanbaatar 0558, B) Ulaanbaatar 0191

SENTITIVE BUT UNCLASSIFIED - NOT FOR INTERNET DISTRIBUTION


1. (SBU) SUMMARY AND COMMENT: The Mongolian media are "partly free,"
according to the latest Freedom House report, citing cases of
intimidation of the press and the selective use of defamation
lawsuits for this judgment. They note that these abuses present an
obstacle to Mongolia's continuing democratization. Although the
Constitution enshrines freedom of speech and press, the work of
journalists is limited by political and business interests, which
result in self-censorship. Many newspapers and TV networks are
believed to be owned or partly owned by senior government officials,
but ownership is unclear because Mongolian law does not regulate
media-group ownership nor require transparency of ownership.
Overall the number of media organizations has increased, perhaps
fueled by the approach of parliamentary elections. Physical attacks
against journalists occur but are rare. Journalists and NGOs
continue to target the far-reaching State Secrets Law, which
inhibits freedom of information and, for example, keeps secret even
the depth of Mongolia's rivers. Efforts to see
freedom-of-information legislation enacted have been stalled, at
least for the time being. COMMENT: In post's view, Mongolia's media
are mostly free by U.S. standards and especially when compared to
their development level cohort. The GOM has agreed to pursue a
U.S.-Mongolia Transparency Agreement regarding trade and investment
(ref B),an agreement which will potentially help open up some
portions of Mongolia's system and probably require the revision of
the State Secrets Law. Meanwhile, post will continue to highlight
our concerns via opeds, conversations with GOM officials, and
through our Human Rights Report and other reports. END SUMMARY AND
COMMENT.

INTIMIDATION AND DEFAMATION SUITS
--------------


2. (SBU) Journalists say they are intimidated through civil and
criminal defamation suits as well as pressure to reveal sources.
They report sometimes being questioned by the police or intelligence
officers, and a lack of police interest in investigating when they
are physically attacked or harassed. The Mongolia office of Globe
International, an NGO focusing on media and human rights, reports 37
cases of "violations of the rights of journalists" in 2007,
including:

- 3 physical attacks,
- 20 searches,
- 2 criminal complaints for publishing information,
- 2 imprisonments, and,
- 10 cases of court proceedings or other forms of pressure.


3. (SBU) In 2006, 36 lawsuits were brought against journalists, 33
of them civil and three criminal. Over half (52.2%) of the
plaintiffs were politicians, state employees or state organizations.
Journalists lost 54.8% of the cases and won only 9.6%, while 35.6%
were resolved through negotiation.

PROGRESS QUESTIONED, PROFESSIONALISM LACKING
--------------


4. (SBU) The most recent Freedom House report gives Mongolia a
"partly free" grade and suggests that media freedom deteriorated
somewhat in 2006, due to an increase in attacks on and harassment of
journalists, as well as the pursuit of criminal charges and civil
defamation lawsuits against reporters. The General Secretary of the
Mongolian Newspapers' Association, Ms. L. Ninjjamts, believes that
the "partly free" grade "is still progress," while Ms. R.
Oyuntsetseg, Executive Director of the Press Institute of Mongolia,
is more critical, and said she did not see any progress in the past
year. The June 2007 crash of a government helicopter carrying
firefighters presented a unique instance of journalists asking
officials "difficult questions" and reporting from the victims'
perspective. Oyuntsetseg believes Mongolian journalists have a good
theoretical understanding of investigative journalism (reinforced
through PAS-funded translations and grants),but lack practical

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skills and experience. (Note: USAID has launched a program which
provides background briefings for Mongolian journalists on energy
issues and Mongolia's energy system to build a better knowledge base
to advance sector reform. End Note.) Social critic B. Batchuluun
criticizes Mongolian journalists for exercising self-censorship and
sometimes showing a lack of professionalism.

"INEXPERIENCED YOUNG KIDS"
--------------


5. (SBU) Media observer and journalist D. Tserenjav laments that
media organizations are "full of inexperienced young kids," an
allegation not without foundation in fact. Journalists who attend
Embassy press events are primarily young women in their 20s. Based
on post's recent experience, their commitment to their profession is
sometimes less than total. For example, a 24-year-old reporter for
a major newspaper, earning $250 a month, decided not to return to
Mongolia after covering President Enkhbayar's October 2007 visit to
Washington. Many younger reporters find it difficult to break into
senior positions, and our contacts tell us that to climb the ladder
often requires the blessing or support of figures in the political
or business world. Although statistics are unavailable, some
journalists are believed to leave the profession as a result of
intimidation connected to their reporting.

NO TRANSPARENCY IN MEDIA OWNERSHIP
--------------


6. (SBU) Mongolian law does not regulate the ownership of media
organizations or insist that ownership be transparent. Although
media ownership did not appear in the financial disclosure
statements made by top public officials, many politicians are
believed to be owners or part-owners of various own media outlets.
Only one public official has openly announced investment in media:
President Enkhbayar, for TV9. The President's wife is rumored to
own Zuuny Medee, a mainstream newspaper with the second largest
circulation (at 9,000); the paper consistently praises the President
and his policies. Journalists and NGOs complain that the lack of
transparency in media ownership enables newspapers and TV networks
to serve as mouthpieces for political and business interests. Also
problematic, pointed out social critic Batchuluun, is that some
journalists become affiliated with a certain political party and
openly serve certain politicians and candidates.

PROLIFERATION OF TV NETWORKS
--------------


7. (SBU) Perhaps fueled by the approach of parliamentary elections
(scheduled for June 29),there has been an increase in the number of
TV stations based in Ulaanbaatar. Online media organizations are
also growing in number, encouraged by technological improvements.
According to media observer Tserenjav, the most recent broadcast
license was sold for 800 million togrogs (around US$700,000),a
small fortune in a country with where per-capita incomes of
$1,400(according to figures cited by the Prime Minister.)

WE CAN'T TELL YOU; IT'S A STATE SECRET
--------------


8. (SBU) The far-reaching State Secrets Law, which inhibits freedom
of information, government transparency and accountability, has long
been criticized by civil society - thus far to little effect. The
current law is ridiculously broad; for example, it keeps secret the
depth of rivers, and the names of recipients of Mongolian government
scholarships. (Note: The latter fuels suspicion that scholarships
are frequently awarded to children of the rich and powerful. End
Note.) Assisted by EAP/PD's 2006 and 2007 Small Democracy Grants
Program, Globe International has been holding seminars and making
recommendations for legislation to amend the law, and to protect
journalists from defamation lawsuits. In March, Globe's President,
Naranjargal, discussed amendments to the State Secrets Law with
General Intelligence Agency Chief Bold, formerly Mongolia's
Ambassador to the U.S. Naranjargal seeks revision of the list of
topics considered state secrets, in order to make more information
available to the public and press. A parliamentary working group

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was established to finish a draft Freedom of Information Act;
Naranjargal expressed hope that it will be enacted on May 3,
International Press-Freedom Day.

FREEDOM OF INFORMATION
--------------


9. (SBU) However, discussion of a draft Freedom of Information Act,
promoted by Globe's work, was deferred by Parliament on April 22.
Two Members of Parliament (MP) argued that the legislature should
first address the Election Law. In postponing debate on the draft
Freedom of Information Act, the former Speaker Nyamdorj, of the
governing Mongolian People's Revolutionary Party (MPRP),said those
wanting to discuss freedom of information should "do TV interviews
if you want to politicize the issue." To Mongolian media observers,
this was a telling comment which indicated that, for the time being,
press freedom will remain an issue of interest to journalists and
NGOs, but not to Mongolia's elected officials.

GOLDBECK