THE MEDIA IN A DEMOCRATIC SOCIETY Ojārs Skudra, Ilze Šulmane, Vita Dreijere Does the media operate in a way that sustains democratic values? Introduction In the Audit of Democracy for 2005, upon examining the role of media in a democratic society (Kruks, Šulmane 2005), a well-organised regulatory framework and the diversity of the media were recognised as the best features. Whereas the most serious problems were recognised as the existence of two information spaces with differing orientations, the dependence of public electronic media on state funding, insufficient information about media owners, weakness of analytical and investigative journalism, lack of a uniform understanding of the role and functions of journalism, difficulties experienced by specialist and high-quality publications in staying afloat under the circumstances of commercialisation and the limited media market, as well as the lack of an organisation to review c itizens’ complaints about ethical breaches on the part of journalists. Over the last decade, the media system has experienced trends typical of other democratic countries — reduced number of daily newspapers, difficulties funding and maintaining investigative journalism, reduced audiences for public electronic media and the rapid entry of new media. The economic crisis experienced in Latvia in 2008–2010 has also affected the media. Because of the crisis, the purchasing power of the population decreased, and many gave up subscriptions of printed press; furthermore, the ad market also shrank — for newspapers and journals by 59% (Ruduša 2009). The Latvian media has lost nearly half of the funds they once gathered from advertising, resulting in a reduction in media and decreased volumes of original content (Rožukalne 2013, 22).
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THE MEDIA IN A DEMOCRATIC SOCIETY
Ojārs Skudra, Ilze Šulmane, Vita Dreijere
Does the media operate in a way that sustains democratic values?
Introduction
In the Audit of Democracy for 2005, upon examining the role of media in a democratic
society (Kruks, Šulmane 2005), a well-organised regulatory framework and the diversity of
the media were recognised as the best features. Whereas the most serious problems were
recognised as the existence of two information spaces with differing orientations, the
dependence of public electronic media on state funding, insufficient information about media
owners, weakness of analytical and investigative journalism, lack of a uniform understanding
of the role and functions of journalism, difficulties experienced by specialist and high-quality
publications in staying afloat under the circumstances of commercialisation and the limited
media market, as well as the lack of an organisation to review citizens’ complaints about
ethical breaches on the part of journalists.
Over the last decade, the media system has experienced trends typical of other
democratic countries — reduced number of daily newspapers, difficulties funding and
maintaining investigative journalism, reduced audiences for public electronic media and the
rapid entry of new media. The economic crisis experienced in Latvia in 2008–2010 has also
affected the media. Because of the crisis, the purchasing power of the population decreased,
and many gave up subscriptions of printed press; furthermore, the ad market also shrank —
for newspapers and journals by 59% (Ruduša 2009). The Latvian media has lost nearly half
of the funds they once gathered from advertising, resulting in a reduction in media and
decreased volumes of original content (Rožukalne 2013, 22).
The influence of politics on journalism has remained as parallelism of the editorial line
of the media and the activity of political parties, leaving also a certain positive impact on the
processes of the formation of civic society. In interviews, newspaper journalists have openly
confirmed their direct involvement in ensuring publicity for parties and candidates (Šulmane,
Kruks 2007, 72).
In the assessment of the media role performed within the framework of the integration
audit of 2010 (Šulmane 2010a, 252–253), the external pluralism of the media and good
accessibility to media in Latvian and Russian are stated as the greatest achievements, whereas
commercialisation of media and political parallelism were mentioned as factors that delay the
guarantee of the internal diversity of information.
11.1 How independent are the media from government, how pluralistic
is their ownership, and how free are they from subordination to
foreign governments or multinational companies?
Legal framework and public media policy
In addition to the Constitution (Satversme) of the Republic of Latvia, and in particular
Chapter VIII on fundamental rights, the work of the media in Latvia is primarily governed by
three framework documents: The Law on the Press and Other Mass Media of the Republic of
Latvia adopted in 1990 (LR AP (Supreme Council of the Republic of Latvia)/ LR Saeima
(Saeima of the Republic of Latvia) 1990/2014), the Electronic Mass Media Law adopted in
2010 (LR Saeima 2010/2014), and the Audio-visual Media Services Directive of the
European Parliament and of the Council adopted in 2010 (AVMSD 2010). There are three
other laws that are important for the work of the media in Latvia, namely: the Pre-election
Campaign Law (LR Saeima 2012/2014), Advertising Law adopted in 1999 (LR Saeima
1999/2014) and the Electronic Communications Law adopted in 2004 (LR Saeima
2004/2014). The Law on the Press, which has undergone nine amendments, does not employ
the concept ‘democracy’, and the wording of provisions is dominated by vagueness. Owing
to this law, censorship in the Republic of Latvia is not prohibited but rather ‘is not allowed’,
just as the ‘monopolisation of mass information media’ is not allowed. Subjects of the
freedom of the press are persons or groups of persons, public authorities, enterprises and
organisations, who ‘are entitled to freely voice their views and opinions, issue statements’
and ‘receive information’ through the mass media; however, agreements in civil law only
prescribe ‘the duty of the editorial board to publish the founder’s or publisher’s materials’
(LR AP/ LR Saeima 1990/2014). Even though the law in terms of its contents can be
considered inadequate for the age of new information and communication technologies, the
legislator of Latvia does not wish to radically modernise it or replace it with a new legislative
enactment.
These problems of inadequacy are partially resolved with the Electronic Mass Media
Law, which was adopted during this audit period. The legislator has proclaimed that the aim
of the law is ‘to ensure the freedom of speech and voicing opinions, universal access to
socially important information, and unhindered maintenance and development of a free,
democratic discussion, by opening up opportunities for all inhabitants of Latvia to form
opinions independently about the processes taking place in the country, and thereby, foster
individual participation as a citizen of a democratic society in the development of decisions
related to these processes’ (Saeima 2010/2014). In defining the general regulations for
creating electronic mass media (EMM) broadcasts, the law prescribes that EMM ‘while
respecting the multitude of opinions, protects the idea of an independent, democratic, and
judicial State of Latvia, respects human rights, and acts in the interests of the public of
Latvia’ (Saeima 2010/2014). Even though, this deals only with ‘the idea’ rather than with
practice, the law can be regarded as a step in the direction of codifying the democratic role of
the media.
The law governing the public EMM contains some contradictions. In describing ‘a public
order’ as ‘financed and supervised’ by the public, the law points out that ‘the funding
required’ for the performance of functions of the National Electronic Mass Media Council
(NEMMC) and ‘to ensure the fulfilment of public commissions is allotted from the state
budget’ (Saeima 2010/2014). In regard to the activities of public EMMs, emphasis is not
placed on democratic participation, but rather on the formation of ‘a well-founded and free
opinion’, ‘patriotic attitude’, ‘educating’ the population, and promoting ‘a civic
understanding’ in the population (ibid). The law prescribes the establishment and activities of
NEMMC, by assigning an important role to the national strategy for developing the
electronic mass media sector.
The Directive of the European Parliament and of the Council is important for a number
of ideas and goals aimed at the future. This, firstly, refers to measures intended to ‘enable and
ensure a transfer from domestic markets to a single market for creating and distributing
broadcasts’, and ‘the growing social and democratic importance’ of audio-visual media
services as ‘a service of culture and economy’ in an information society, in particular ‘by
ensuring freedom of information, diversity of opinions, and media pluralism, as well as
education and culture’ (AMPD 2010). The Directive is aimed at ‘completing the formation of
an internal market and facilitating the introduction of a single information space’, while
preserving the co-existence of ‘private and state’ service providers, modernising the legal
framework, not affecting the independence of Member States ‘in developing the union
culture and preserving cultural diversity’, governing only those forms of mass media that
‘inform, entertain, and educate broad audiences’, ensuring ‘a free flow of information and
audio-visual broadcasts on the domestic market’, and calling upon the Member States to
ensure protection against ‘the formation of a dominant position that would lead to restrictions
of pluralism and freedom of television information or to restrictions of freedom of the
information sector in general’, including situations when ‘a broadcaster located in the
territory of one Member State broadcasts content that is fully or predominantly intended for
the territory of another Member State’ (ibid).
State media policy issues that up until 2014 had traditionally included such spheres as
domestic freedom of press, private and public media (dual structure), division of
competences in the field of media, changes in the media sector brought about by the
development of new media (Hesse, Ellwein 2012, 249–250), had been largely ignored but
lately have seen a rapid increase in attention due to the massive pressure by Russia’s foreign
policy propaganda on the Russian-speakers of Ukraine and other post-Soviet countries with
the aim of achieving support for Russia’s activities — the annexation of Crimea forming a
part of Ukraine and co-operation with the proclaimed ‘republics’ in the southeast of Ukraine.
Media owners
The most significant changes in the sphere of media owners are linked to changes in the
ownership of daily newspapers. Investors, whose interest is the media business and not
political influence, cannot afford extensive long-term losses; understandably, the large
foreign investor Bonnier left the Latvian media market, and as a result the newspaper Diena
was sold and rapidly lost its influence and readership. Interviews with the former leaders and
journalists of Diena show that the new owners instructed them not to criticise A. Šķēle,
A. Šlesers, and A. Lembergs (Šulmane 2011a). Likewise, the newspaper Neatkarīgā Rīta
Avīze Latvijai (NRA) still has an unclear editorial policy, in many spheres demonstrating
diverse opinions, but with the assistance of certain staff members providing support to the
influential mayor of Ventspils A. Lembergs.
The Telegraf newspaper has turned into a liberal centrist-inclined weekly publication of
little importance, whereas the Čas newspaper, which fought over readership with the best-
selling daily newspaper in Latvia Vesti segodnja, was incorporated with the latter, and as the
most successful newspaper, continues to be published with a circulation of 12 500–13 000
copies.
The names of offshore companies appear as the Russian newspaper publishers, and the
lists of company leaders change so frequently that it is difficult to keep track of these
changes; however, with the increasing influence of Russia, and as Russian-speaking parties
consolidate and the ‘Saskaņas centrs’ party is actively trying to get a place in government,
Russian investors have become more active.
There is no newspaper among the largest newspapers in Latvia, about which there should
be any doubt concerning the owners and true beneficiaries (Rožukalne 2013, 148).
Regional newspapers find it difficult to compete with publications established by local
governments that are placing ads, thus encumbering the financial circumstances of alternative
publications (Jelgava is one example). Therefore, the boundaries between journalism and
public relations are made increasingly vague.
The re-broadcasting of Russian radio channels or their co-operation with Latvian
channels broadcasting in Russian is observed in the field of private radio.
By the later stage of the audit period, all of the largest Latvian news portals ended up
owned by Estonian media companies. In the fall of 2013, the Scandinavian media group
Schibsted sold the Tvnet portal to Eesti Meedia, while in the spring of 2014, this Estonian
company bought the Apollo portal from SIA Sanoma, which is owned by a Finnish media
group. The Delfi portal has been owned by the Estonian Ekspress Grupp since 2007.
During the period of the report, the ownership of national electronic media has also
changed. The independence of LNT from the owners’ political interests was questioned when
the co-owner of the channels, A. Ēķis, assumed the post of a council chair at the Par labu
Latviju union. In early 2012, the Modern Times Group announced the purchase of LNT and
TV5, which meant that two of the largest commercial television channels — LNT and
TV3 — were now in the hands of one owner. The conditions for the merger established by
the Competition Council are an important contextual factor that creates a precedent,
including the obligation to preserve independent and unaffiliated news editorial boards and
the provision of news to at least the same extent as up to now, as well as including an item in
the job description of programme editors that would consolidate editorial independence from
the media owner.
In terms of regulations, independence from media owners is one of the advantages of
public media. To promote the ties to the owner of the public media, namely, society, the
model of administering and funding public media is important. In the case of Latvia, after the
adoption of the Electronic Mass Media Law, the public media funding also depends on
annual political decisions, and this promotes the possibility of political pressure. The national
strategy for EMM sector development for 2012–2017 does not envisage the implementation
of ‘a change in the legal status of public media’ or the introduction of ‘a public co-payment
to ensure the financial independence of the public media’ (EPLNANS 2014).
The Electronic Mass Media Law still prescribes that NEMMC member candidates are
put forth by the Saeima Human Rights and Public Affairs Committee and elected by the
Saeima. Therefore, the direct link between NEMMC members and political parties is
weakened. During the report period, the potential for a pluralism of opinions among the
NEMMC has decreased because the number of council members has been reduced from nine
to five.
Amendments were introduced to the Law on the Press and Other Mass Media in
September of 2011, prescribing changes in the procedure for registering media, by
establishing that more detailed information about the owners must be given; furthermore, the
concept of editorial independence was also introduced to the law.
In the national strategy for the development of the EMM sector, it has been reasonably
concluded that ‘as a result of an unregulated free market, two different (in the sense of
language, geopolitics, democratic traditions and culture) information spaces have developed
in Latvia’ (EPLNANS 2014). According to the representative SKDS survey data, 24.1 % of
respondents agreed and 23.0 % partially agreed with the statement that journalists in Latvia
are serving the interests of the owners and not those of society. At the same time, 41.3 %
fully agreed that the contents are what matter and the owner’s persona is irrelevant, and an
additional 19.9 % rather agreed with this viewpoint (DA (Audit of Democracy) 2014,
Table G4).
Foreign influence
No balance has been achieved in the electronic media sphere between purchasing cheap
mass-produced (US and Russian movies) products in various channel packages, on the one
hand, and, on the other hand, the inclusion of European and local cinematographic works and
channels in the content. There is a considerable amount of Russian channels — information,
entertainment, cinema and culture programmes — included in TV cable operator packages.
Only recently, in response to intensive Russian foreign policy propaganda and the
dissatisfaction of the public, such Western channels as BBC, CNN, RTL, Sat1, Euronews and
ARTE were also included.
The study by J. Juzefovičs shows that the younger non-Latvian generation is less
interested in the processes taking place in Russia; however, broadcasts from Russia,
including material about Latvia, are consumed by the older family members. The Russian-
speaking audiences does not trust Latvian public TV, seeing it as official state propaganda;
therefore, they prefer Russian news (Latvijas Laiks) on PBK and news on channel TV5
(Juzefovičs 2013, 174–191).
The possible influence and concerns about this became particularly topical as the Russia-
Ukraine conflict started and the annexation of Crimea took place. However, this was already
in the national strategy of the development of the EMM sector, where it was stated that
‘Russia is employing electronic media with the purpose of exercising soft power and shaping
the public opinion of the inhabitants of Latvia in order to promote its geopolitical interests ‘
(EPLNANS 2014). What counter measures are observed in the media space?
Firstly, activities related to the establishment of the media policy department under the
supervision of the Ministry of Culture must be mentioned. Secondly, there have been active
discussions about and implementation of several measures to restrict the impact of foreign
information for a fixed time, such as a three-month prohibition on re-broadcasting the
television channel Rossija RTR, and the initiation of administrative violation proceedings
after alleged violations in a PBK broadcast Laiks about the events in Ukraine. Thirdly,
financial support and enhancing the public media news programme and the LPM (Latvian
Public Media) online version in Russian has been suggested, as has holding discussions at the
government level about a single channel for the Baltic States in the Russian language.
It must be added that in March 2014, in comparison with February, PBK viewership saw
the biggest increase, and in April, due to deteriorated availability of TV3 resulting from the
conflict between Lattelecom and MTG, it became the TV channel with the biggest viewership
in Latvia. In late June 2014, TV3 was once again included in Lattelecom’s basic cable TV
package.
Currently, 14.4 % of the inhabitants of Latvia watch mostly or only Russian TV
channels, whereas another 28.2 % watch Russian TV channels more often than Latvian TV
channels. However, 23.7 % watch mostly Latvian TV channels, but 26.0 % watch Latvian
TV channels more often than Russian TV channels. Further, 29 % of Latvian citizens and
61.2 % of respondents without Latvian citizenship fully or rather trust the Russian official
power mouthpieces NTV Mir, RTR Planeta and REN TV. In addition, 38.9 % of inhabitants,
42.5 % of Latvian citizens, and 20 % of respondents without Latvian citizenship agreed to the
suggestion that there has been an increase in the influence of Russian political propaganda,
whereas 28.8 % of inhabitants of Latvia, 25 % of Latvian citizens and 48.5 % of respondents
without Latvian citizenship disagreed with that suggestion (DA 2014, Tables G2, G3).
The survey data also show that most of the inhabitants of Latvia without Latvian
citizenship fall within the coverage of Russian soft power, along with Russian-speaking
households. Since there is no reason to consider this portion of the inhabitants as a united
group of opinion and the efforts of Russia to maintain its influence is not going to diminish,
the situation from the viewpoint of a functioning political democracy might be regarded as
satisfactory. However, it must be pointed out that the influence of Russian propaganda is
massive and cannot always be recognisable; by intensively criticising the State of Latvia and
its internal affairs, Russian propaganda also affects a part of the Latvian audience. Therefore,
taking into account the fact that information about media owners and true beneficiaries has
also not been made easily available to the public, as well as due to the reduced diversity of
opinions resulting from takeovers of newspapers and the concentration of commercial TV
channel owners, the overall the situation in this field must be viewed as deteriorated in
comparison with the previous report period.
11.2 How representative are the media of different opinions and how
accessible are they to different sections of society?
Legal framework
The Law on the Press and Other Mass Media interprets the freedom of the press as the
‘right to free expression of views and opinions, making statements’, thereby ‘receiving
information through them’ (LR AP/LR Saeima 1990/2014); however, the diversity and
availability of views is left without due attention. The Law on Electronic Mass Media is
considerably more democratic, as it prescribes ‘maintaining and developing a free,
democratic discussion’ as its objective and provides for ‘respecting the diversity of views’,
‘promoting opinion exchange’, ‘observing the diversity of Latvian society in the social,
economic, regional, educational, cultural, and religious sense’, ‘for each member of society
to be able to shape a well-reasoned and free opinion’, but at the same time ‘the idea of an
independent, democratic State of Latvia, subject to the rule of law, must be protected’
(Saeima 2010/2014). The national strategy for the development of the sector of electronic
mass media as the practical policy document is limited to the commitment of ‘promoting
democracy, rule of law and civil participation in Latvia’; however, the need to ensure
‘diversity of opinions’ is mentioned only when referring to the Directive of the European
Parliament and of the Council (EPLNANS 2014).
However, the lack of a thoroughly considered state media policy can also be perceived as
a factor which has de facto fostered a great diversity of opinions both in Latvian media and in
the public space, in particular in its virtual manifestation. The extreme forms of this diversity
sometimes borders on politically extreme views or can be regarded as such. The legal
framework of Latvia in the field of media has also to a great extent facilitated the formation
of this situation.
Accessibility
The Latvian press structure includes the availability of various types of newspapers and
journals in Latvian and Russian. Overall, the accessibility of the press is ensured; however,
due to increased costs, the growing popularity of internet news portals, and digital versions of
newspapers, as well as the influence of changes in the delivery conditions, subscription
figures have decreased. According to data from Latvijas Pasts (Latvian Postal Service) — the
largest press distributor in Latvia — in January 2006, there were 616 621 press subscriptions,
of which 38.12 % were subscriptions for magazines. Only about 445 000 press subscriptions
were made in 2014, of which 61 % were subscriptions for magazines; in addition, 78 % of all
subscriptions were taken out in rural areas, whereas Riga and the largest cities of Latvia
experienced only 22 % of all press subscriptions (Latvijas Pasts). The circulation of a single
publication of the three daily newspapers issued in Latvian has decreased from 141 200
copies in 2006 to 79 900 copies in 2012, whereas the number of Russian daily newspapers
from four has come down to three, and the circulation of a single edition from 76.3 thousand
copies in 2006 to 30 420 copies in 2012 (Gailīte et al 2007, Līce et al 2013).
Starting from 1 January 2012, Latvijas Pasts no longer delivers press on Saturdays, and
the editorial offices of newspapers and the readers must adapt to this situation. People in rural
areas receive daily newspapers with delays.
The data from TNS Latvia show that the availability of the internet has increased
significantly during the report period. In the fall of 2005, 19 % of the population aged 15 to
74 had an internet connection at home, but already in 2006, internet availability in
households had increased to 42 %, and in 2012, to 67 % and more (TNS Yearbook 2006,
2012/2013).
The biggest problem is accessibility to television. The exclusion of TV3 from the
Lattelecom package (albeit for a short period) and the soon expected termination of the
agreement with LNT (MTG) aggravate the issue of the rights of Latvian viewers to consume
TV products made in Latvia and the guarantee that these rights be respected in a situation,
when the economic interests of commercial channels and service providers clash. The
problem of accessibility also arose due to the fact that on 1 June 2010, Latvia stopped
analogue terrestrial broadcasting. As proven by data and journalistic research, people residing
in the border area still live in the information space of Russia and Belarus, which is perceived
as a social problem by most of these people. Nevertheless, it is a matter of national
information security, and the state should be investing every effort to guarantee access to
national broadcasting channels and programmes across the territory of Latvia.
Overall, the media structure ensures bilingual functioning of all channels and types of
media. There are problems with regard to (1) the offer in other national minorities’ languages
and guaranteeing quality news broadcasts about Latvia in Russian on public TV; (2) the
provision of national channel broadcasts across the territory of Latvia and for all groups of
inhabitants; (3) cable operators offering balanced TV packages including original broadcasts
and Latvian movies in the minimum offer.
Radio broadcasts show a better situation, although the radio channel Klasika is not
available in equally good quality everywhere in Latvia. The availability of LR4, however, is
best ensured for urbanites, who are the absolute majority of the audience for that channel.
Use
Access to media does not imply their use; as evidenced by studies, in the majority of
cases people choose to consume the media they trust.
Daily newspaper consumption has decreased rapidly. In 2011, the readership of daily
newspapers reached 24 % of the Latvian population aged 15 to 74 years, and this is a
decrease by 23 % in comparison with 2005 (TNS Latvia 2006, 2012/2013). Magazines are
still popular, especially lifestyle and women’s weekly magazines Ieva, Privātā Dzīve, Kas
Jauns. Upon comparing the circulation of these magazines with the circulation of the social
political magazine Ir and the magazine for intellectuals Rīgas Laiks, it must be concluded
that the consumption of quality press has decreased in Latvia.
Upon comparing radio channels, it is evident that the Latvian music channel LR2 still
enjoys popularity, no changes are observed in the public radio audience: the channel still
attracts relatively older audiences, whereas the share of viewers of the public channel LTV1
in overall TV viewership is decreasing. Among audiences of ethnic minorities, LTV is often
described as a television for Latvians about Latvians in the Latvian language (Juzefovičs
2012, 35).
Use of the internet is still increasing, even among the older groups of the population. As
evidenced by TNS data, the most frequent online activity in the spring of 2012 was browsing
search engines. The second most popular activity online among the population of Latvia is
reading online news portals. In the spring of 2012, browsing social networking sites moved
up from fourth position to third (TNS Latvia 2012/2013).
As mentioned before, the use of media is related to trusting the media and also
journalists, and this trust overall has decreased since 2006 (when trust in internet was first
measured) (see Table 11.1).
Table 11.1 Trust of Latvian citizens in mass media