THE ROLE OF MEDIA IN DEMOCRACY: A STRATEGIC APPROACH

CENTER FOR DEMOCRACY AND GOVERNANCE“...promoting the transition to and consolidation of democratic regimes throughout the world.”

THE ROLE OF MEDIA IN DEMOCRACY:A STRATEGIC APPROACH

June 1999

PN-ACE-630

Center for Democracy and GovernanceBureau for Global Programs, Field Support, and Research

U.S. Agency for International DevelopmentWashington, DC 20523-3100

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ABOUT THE TECHNICAL PUBLICATION SERIESThe USAID Center for Democracy and Governance Technical Publication Series was launched in March1998. The series includes publications intended principally for USAID personnel; however, all personsinterested in the sector may benefit from the series. Authors of individual publications may be USAIDofficials and/or other individuals from the public and private sector. The Center for Democracy andGovernance reserves the right to review and edit all publications for content and format and all are subjectto a broad USAID review process. The series is intended in part to indicate best practices, lessons learned,and guidelines for practitioner consideration. The series also includes publications that are intended tostimulate debate and discussion.

A list of other relevant publications and ordering information are included at the back of this document.

ABOUT THIS PUBLICATIONThis strategic approach is intended to help USAID field staff make informed decisions with regard toprogramming media development activities. It analyzes a history of USAID involvement in this area andoutlines lessons learned to be incorporated into future programming.

Comments regarding this publication and inquiries regarding USAID's ongoing work in the area ofmedia development should be directed to

Gary Hansen, Team Leader, Civil SocietyTel: (202) 712-1521Fax: (202) [email protected]

Center for Democracy and GovernanceBureau for Global Programs, Field Support, and ResearchU.S. Agency for International DevelopmentWashington, DC 20523-3100

ABOUT THE CENTERThe Center for Democracy and Governance is the U.S. Agency for International Development’s focalpoint for democracy and governance programming. The Center’s role is to provide USAID and otherdevelopment practitioners with the technical and intellectual expertise needed to support democraticdevelopment. It provides this expertise in the following areas:

• Rule of Law• Elections and Political Processes• Civil Society• Governance

For further information regarding the Center or the Technical Publication Series, please contact theCenter for Democracy and Governance Information Unit at (202) 661-5847.

The Center would appreciate your comments as to the appropriateness and utility of this handbook.Please contact the Center with any comments or suggestions.

ACKNOWLEDGMENTS

Ann HudockAnn Hudock is a foreign affairs officer covering Africa and Iraq in the U.S. Department of State, Bureauof Democracy, Human Rights, and Labor. From 1997 to 1998, she was a Democracy Fellow at the Centerfor Democracy and Governance, USAID, working as a member of the civil society team. Her forthcomingbook (Polity Press, 1999) entitled NGOs and Civil Society: Democracy by Proxy? analyzes relationshipsbetween nongovernmental organizations and assesses their contribution to civil society development. Dr.Hudock received her DPhil from the Institute of Development Studies, University of Sussex, UK. She is aboard member of the Association for Women in Development, serving as chair of the public affairscommittee.

This framework was completed under the guidance of Gary Hansen, senior advisor for the civil societyteam in the Center for Democracy and Governance. His leadership was instrumental in shaping thisproduct, and encouraging its development. Special thanks are due to the members of the advisorycommittee who gave their time to this project, especially Tom Carothers, Carnegie Endowment forInternational Peace; Stefaan Verhulst, Oxford Programme on Comparative Media and Law Project; DavidCostello, Elizabeth Fox, Peter Graves, and Mark Koening of USAID; and Kurt Wimmer of Covingtonand Burling. The media law reform sections of this study could not have been undertaken without thegenerous support and advice given by Monroe Price, Cardozo School of Law. None of this work wouldhave been possible without the collaboration of USAID field missions, NGOs, media professionals, andeducators that shared their experiences in media sector development. Finally, as part of the researchdesign, various iterations of this framework were shared in public and private forums with USAID staffand its external partners to elicit their feedback. This final version reflects this input and is significantlyimproved as a result. Nevertheless, any errors are solely those of the author.

FOREWARD

The Center for Democracy and Governance aims to increase the efficiencies of U.S.government democracy assistance programs. We seek to better understand the issuesdemocratizing countries face and evaluate the impact of USAID’s programming to ensurethat democracy and good governance are being advanced. This technical publicationaddresses one aspect of democratic programming—media sector support.

To date, much of the programming in the media sector support field has focused ontraining activities. With this media strategic approach, we will explore training, as well asadditional approaches field officers may choose to take when designing a media sectorsupport strategy. Some of the other approaches that we think should also be consideredare addressing media laws, removing barriers to access, strengthening constituencies forreform, and supporting capitalization of media.

The Center recognizes that, as with much international development work, individualcountry contexts make it impossible to generate standard programming designs. As such,when missions are developing a media strategy, we cannot prefigure what they willdiscover. Hence, this publication focuses less on specific program designs and more onidentifying programmatic approaches, discussing strategic trade-offs in undertaking theseapproaches, and outlining best practices and lessons learned from field experience.

We hope that, by using this guide, missions will be better equipped to initiate mediasector strategies and contribute to an increased knowledge of these issues for the Agency.

Jennifer L. Windsor, DirectorCenter for Democracy and GovernanceU.S. Agency for International DevelopmentJune 15, 1999

THE ROLE OF MEDIA IN DEMOCRACY:A STRATEGIC APPROACH

CONTENTS

EXECUTIVE SUMMARY.........................................................................................................................1

I. INTRODUCTION..........................................................................................................................3

II. DEFINING GOALS: THE ROLE OF MEDIA IN DEMOCRACY .........................................5

III. MAPPING THE SECTOR............................................................................................................7

IV. IDENTIFYING KEY ACTORS ...................................................................................................9

V. DESIGNING MEDIA STRATEGIES........................................................................................11

A. Steps to Strategy Development .................................................................................................11B. Identifying a Programmatic Approach ......................................................................................12

VI. PROGRAMMATIC APPROACHES ........................................................................................17

A. Shaping the Legal Enabling Environment.................................................................................17B. Removing Barriers to Access ....................................................................................................23C. Strengthening Constituencies for Reform .................................................................................28D. Supporting Capitalization of Media ..........................................................................................31E. Training......................................................................................................................................32

VII. CONCLUSIONS ..........................................................................................................................37

APPENDIX A: Resource Organizations

APPENDIX B: Assessment Tools

APPENDIX C: Windhoek Declaration

Role of Media in Democracy 1

EXECUTIVE SUMMARY

Access to information is essential to the health of democracy. First, it ensures that citizens makeresponsible, informed choices rather than acting out of ignorance or misinformation. Second, informationserves as a “checking function” by ensuring that elected representatives uphold their oaths of office andcarry out the wishes of those who elected them. In some societies, an antagonistic relationship betweenmedia and government represents a vital and healthy element of fully functioning democracies. In post-conflict or ethnically homogenous societies such a conflictual, tension-ridden relationship may not beappropriate, but the role of the press that is critical is the flow of information to mediate between the stateand all facets of civil society.

Support for media is an important prong of U.S. democracy and governance assistance. One of USAID’sstrategic objectives is the increased development of a politically active civil society. This programminggoal provides a rationale for media-related activities. In addition, an intermediate result of an enhancedfree flow of information broadly states the Agency's target for media activities.

There are four basic steps to developing a strategy for media sector support: defining the problem, findingtargets of opportunity, assessing the feasibility of activities, and evaluating USAID’s comparativeadvantage in carrying out these activities. Ideally, USAID missions would be able to engage in a holistic,sectoral support strategy, but limited budgets and technical capacity often constrain such endeavors. As aresult, difficult choices must be made based on which targets of opportunity will yield long-termsustainable results.

This paper outlines a “menu of options” for media programming which should be chosen on the basis ofcountry context. In making choices among them, it may be useful to categorize media support along fivesectoral weaknesses: legal restrictions, limited sectoral support, limited pluralism (both internal andexternal), limited technical/professional capacity, and financial constraints. These distinctions lendthemselves to five parallel activity types that, respectively, address each weakness: reforming media law,strengthening constituencies for reform, removing barriers to access, training, and supporting thecapitalization of media.

This strategic approach to media sector support was designed to build upon the Center for Democracy andGovernance’s Strategic Assessment Framework for Democracy and Governance Programming, whichemphasizes the country-specific nature of all democracy and governance programming, as well as astandard approach for developing a country or sector strategy. We hope that it serves as a valuable tool indetermining which interventions are appropriate to the countries in which democracy officers work.Further questions regarding the issues addressed in this publication and/or developments in the field canbe addressed to the Center.


I. INTRODUCTION

A leading Palestinian journalist is jailed in theWest Bank for broadcasting sessions of thePalestinian Legislative Council. Restrictivemedia laws in many post-communist countriescurtail media freedoms guaranteed by thesecountries' constitutions, or by internationalconventions that these countries have signed. InCentral America, a select group of powerfulfamilies control the media and threatendemocratic gains realized through the peaceprocesses of the 1990s. Government control ofprint and broadcast media in many Africancountries leave little scope for dissentingopinions and, therefore, public debate.

Such are the obstacles to media freedom. TheU.S. Agency for International Development(USAID) and its partners have attempted toaddress these obstacles and to develop mediasectors around the globe that would contributeto democracy. As such, support for media is animportant prong of U.S. democracy andgovernance assistance. USAID’s objective ofthe increased development of a politically activecivil society provides a strategic rationale formedia-related activities. In addition, a desiredresult of an enhanced free flow of informationbroadly states the Agency's target for mediaactivities.

While there is a significant range of activitieswhich could fall under the heading “mediasupport,” a distinction is made in this paperbetween those activities which might indirectlycontribute to media development (such as civiceducation or communication campaigns in thehealth and education sectors), and those whichare directly targeted to strengthen the media asan institution, specifically media sector support.As this strategic approach lays out, this mediasector support extends beyond training andincludes reforming media laws, removingbarriers to access, strengthening constituenciesfor reform, and capitalizing the media.Historically, there have been few, if any, toolsavailable to USAID country missions and their

partners to help them think strategically aboutthe relationship between media and society, andthe most effective ways to strengthen themedia's contribution to democracy. Given this,some missions have been hesitant to engage inmedia sector support, even though theyrecognize the important role it plays indemocratic transition and consolidation. Othermissions, daunted by the difficulty of reportingresults in this field, have decided not toundertake media activities or to focusexclusively on training. Contextual factors suchas the lack of a legal enabling environment andpolitical will within the government, business,or civil society to support media freedom allconstrain missions' efforts in media sectorsupport.

The majority of these media activities has beencarried out in the Europe and New IndependentStates region (ENI), with another significantamount taking place in the Latin America andthe Caribbean region (LAC). Total USAIDsupport for media development ranges fromequipment provision and journalist training tomedia law and policy development.

In addition there exist various USAIDmechanisms to support media sectordevelopment from the regional bureaus, fieldmissions, and the Office of Transition Initiatives(OTI) in the Bureau of Humanitarian Response.For example, OTI programs have focused on thefollowing:

• Supporting objective news and informationprograms, so that people can make informeddecisions and counter state-controlled media

• Cultivating alternative media, so thatmultiple voices and opinions will be heard

• Mobilizing popular participation in thetransition process

• Multiplying the impact of transitionactivities by disseminating information on

4 Role of Media in Democracy

successful local peace and participatoryefforts

Within the Center for Democracy andGovernance, technical assistance and fieldsupport can be provided by Center staff, or byaccessing one of its civil society indefinitequantity contracts (IQCs). The primary purposeof these IQCs is to provide rapid-responsetechnical assistance to support civil societyprograms (including media) of USAID missionsand regional bureaus.

1

Other U.S. government agencies haveexperience in training media professionals andcarrying out exchanges. Democracy officersshould confer with the Center as well as theseother agencies, in particular USIA, to ensurethat our in-country activities are complementary.

The strategic approach presented in this paperoffers guidance to USAID missions, rather thanany blueprint, for making choices about whichmedia activities might be most appropriate in agiven context. In addition to suggesting a goal toguide USAID media programs, the approachprovides examples of successful mediaassistance activities and discusses factorsinfluencing their success.

In Section II, the role of media in democracy isdefined and media’s place in USAID’s strategicframework and international conventions isoutlined. Section III addresses mapping themedia sector. Outside of the specific outlets thatdeliver news and information, what constitutes“media” and its support? The principalquestions used to help shape media sectorsupport strategies are identified in Section IV.They are used to determine who holds power tocommunicate in a society, who has access to themeans of communication, and who iscommunicated to. Section V provides macro-level guidance on how to design mediastrategies.

1 For further details, see the User's Guide for theCenter for Democracy and Governance, USAID.

With Section VI this paper turns to anexamination of a strategic approach for themedia sector. Chief components of any strategyare shaping the legal enabling environment,strengthening constituencies for reform,removing barriers to access, training, andsupporting capitalization of media. Bestpractices are detailed for each of these issues.

Appendix A provides a list of partnerorganizations, web sites, and contactinformation. Appendix B suggests amethodology for conducting media sectorassessments, based on the Center’s StrategicAssessment Methodology. Appendix C containsthe text of the 1991 Windhoek Declaration. Thisdeclaration guides the work of a USAID partner,the Media Institute of Southern Africa (MISA).


II. DEFINING GOALS:THE ROLE OF MEDIAIN DEMOCRACY

Access to information is essential to the healthof democracy for at least two reasons. First, itensures that citizens make responsible, informedchoices rather than acting out of ignorance ormisinformation. Second, information serves a“checking function” by ensuring that electedrepresentatives uphold their oaths of office andcarry out the wishes of those who elected them.In some societies, an antagonistic relationshipbetween media and government represents avital and healthy element of fully functioningdemocracies. In post-conflict or ethnicallyhomogenous societies such a conflictual,tension-ridden relationship may not beappropriate, but the role of the press todisseminate information as a way of mediatingbetween the state and all facets of civil societyremains critical.

Support for media is a critical prong of U.S.democracy and governance assistance. USAIDStrategic Objective 2.3, “Increased developmentof a politically active civil society,” provides arationale for media-related programming.Intermediate Result 2.3.4, “Enhanced free flowof information,” broadly states the Agency'sgoal for media activities.

While media is considered by USAID to be apart of the civil society arena, it is well knownthat media overlaps other functional areas ofdemocracy and governance. For example,support for media may yield results ingovernance activities, particularly those relatedto decentralization, anti-corruption, and citizenparticipation in the policy process. The rule oflaw may be further institutionalized by supportfor an independent media that keeps a check onthe judiciary, reports on the courts, andpromotes a legal enabling environment suitablefor press freedom. Free and fair electionsconducted through transparent processes requirea media sector which gives candidates equal

access, and reports the relevant issues in atimely, objective manner.

International conventions buttress USAID'smedia activities. Most notably, Article 19 of the1948 Universal Declaration of Human Rightsstates, “Everyone has the right to freedom ofopinion and expression; this right includesfreedom to hold opinions without interferenceand to seek, receive, and impart information andideas through any media and regardless offrontiers.”

Within the context of supporting democratictransitions, the goal of media developmentgenerally should be to move the media from onethat is directed or even overtly controlled bygovernment or private interests to one that ismore open and has a degree of editorialindependence that serves the public interest. Ifthe media is to have any meaningful role indemocracy, then the ultimate goal of mediaassistance should be to develop a range ofdiverse mediums and voices that are credible,and to create and strengthen a sector thatpromotes such outlets. Credible outlets enablecitizens to have access to information that theyneed to make informed decisions and toparticipate in society. A media sector supportiveof democracy would be one that has a degree ofeditorial independence, is financially viable, hasdiverse and plural voices, and serves the publicinterest. The public interest is defined asrepresenting a plurality of voices both through agreater number of outlets and through thediversity of views and voices reflected withinone outlet.


III.


III. MAPPING THESECTOR

Supporting media as an institution requires anunderstanding of what constitutes the sector.Clearly, the media sector consists of somethingbeyond the specific outlets that deliver news andinformation. But is it so amorphous that itencompasses everything from the universitiesthat train future journalists to the courts thatprotect their rights? One extremely usefulattempt to map out the media sector comes fromthe USAID-funded Media DevelopmentProgram (MDP) in Russia. Jointly designed andimplemented by the Russian American Pressand Information Center (RAPIC) andInternews/Moscow, MDP's goal is “to speed thedevelopment of a commercially viable mediasector in Russia.” The objectives devised toachieve this goal suggest a particular approachto defining and supporting the sector:

• Help foster advocacy for media withlegislative and regulatory bodies

• Increase flows of advertising revenues to theregions (decentralization)

• Increase access to and ownership ofproduction and distribution

• Increase investment and loan opportunitiesfor regional media

• Increase horizontal ties among mediaprofessionals

• Expand educational and practical programsin electronic information gathering anddissemination

• Expand educational and practical programsin business, management, and technicalskills

• Increase professional contacts andcollaboration between domestic and foreignmedia companies and institutions

• Protect key resources, such as film andarchive materials that document historicaldevelopments, outside news feeds,electronic information sources (such asLexis-Nexis), access to public records,policymakers and government officials, etc.

A related approach is offered by the RAPICproposal to establish the Russian NGO as apermanent legacy of U.S. democracy assistance.The proposed program plan for RAPIC/NationalPress Institute (NPI) includes the followingactivities, which illustrate a sectoral approach:

• Promoting investment, equity and debtfinancing, leasing, and other mechanisms tocapitalize the media industry

• Developing media management capacity

• Participating in the development of the legaland administrative infrastructure

• Fostering the development of a matureinformation culture

• Promoting industry-wide trade organizationsand professional associations

• Overcoming government domination ofinformation

• Raising the level of journalisticprofessionalism

These sectoral approaches illustrate the waysprograms can have an overarchingunderstanding of the interrelationship of themedia industry’s many parts and why the reformof the media sector necessitates a “web” ofmutually reinforcing activities, the lack of anyone of which can endanger any others.


IV.


IV. IDENTIFYING KEYACTORS

Some of the most important questions toconsider when designing media supportactivities that strengthen democracy are, “Whoholds the power to communicate in a society,who has access to the means of communication,and who is communicated to?” Answers to thesequestions will help to shape media sectorsupport strategies by targeting obstacles andpinpointing opportunities for reform.

For example, in some countries the state hasexclusive control over the media, directly orindirectly, and dictates the terms of publicdebate. Egypt has one news agency, the MiddleEast News Agency, which is the property of thestate. Radio and television are state monopolies,and, as a result, news is presented as policydictates.

2 In Mexico, freedom of expression is

constitutionally guaranteed, but the governmentcontrols the distribution of paper.

In these cases, a suitable sector support strategymight be geared around civil societyorganizations which are publishing orbroadcasting alternative viewpoints, or it mightbe focused on training state journalists to covernews in a more objective fashion. If it is aparticularly innovative strategy, it might includea training component for government ministersin an effort to raise their awareness about how abalanced and objective press contributes topolitical and economic well-being.

The question of “who is communicated to” isoften overlooked, yet it is essential to develop acadre of critical audience members who willdemand information and will have the capacityto analyze what is presented to them. Theanswer to this question helps to determinewhich medium to target in media sectorassistance. For example, if a strategy aims toreach the rural masses, a radio campaign—

2 Idriss, Shahira. 1996. “Egypt Gets the News theGovernment's Way.” IPI Report. February/March: 28.

particularly in countries with low literacyrates—might be more effective than a televisionor print strategy, which tends to reach urban,educated elites. On the other hand, if thepolitical environment is very constrained andfew groups are involved in reform, focusingmedia sector support on urban, elite-based printoutlets might be appropriate in the short term inorder to leverage change in the system throughthese reformers' efforts.

In sum, the following actors are relevant alliesin media sector reform, and strengthening theircapacity will support media sector development:

• Consumers

• Individual producers (reporters, editors,technicians, business managers)

• Content provider companies (wire services,think tanks, NGOs)

• Training institutes, universities

• Independent regulators

• Media monitors (political polling agencies,policy institutes, advocacy groups,governments, advertisers)

• Professional organizations (journalism andbusiness associations)

• New technology gatekeepers (infrastructuredevelopers, software creators, trainers,investors)


V.


V. DESIGNING MEDIASTRATEGIES

A. Steps to Strategy Development

After defining the goals, mapping the sector,and identifying the key actors, the next issue ishow to use this information and the strategicapproach chart on pp. 15-16 to design a strategy.There are four basic steps to strategydevelopment for media sector support:

• Defining the problem

Is the problem the mission faces due to legalrestrictions, limited sectoral support,restricted pluralism, technical/professionalcapacity, and/or financial constraints?

• Finding targets of opportunity

What political, economic, and/or socialopportunities exist to embark on mediasector support? Who are the key actors whocan assist these efforts?

• Assessing the feasibility of activities

In large part, this will involve an analysis ofthe mission’s resources (time, funding,technical expertise) and the country’scontext.

• Evaluating USAID's comparative advantagein carrying out these activities

This last step will determine what value isadded by USAID becoming involved inmedia sector support in a particular country.What can USAID contribute?

As the U.S. government engages in media sectorsupport, several issues arise which should becarefully considered in order to maximizeimpact and effectiveness. First, decisions shouldbe made at the outset whether it is possible towork at a macro level in areas like media lawand policy reform, or whether, given politicalconcerns, assisting individual outlets orjournalists is a more appropriate approach.Ideally, missions would be able to engage in aholistic, sectoral support strategy much like theone outlined by the MDP program in Russia, butlimited budgets and technical capacity constrainsuch endeavors. As a result, difficult choicesmust be made based on which targets ofopportunity will yield long-term sustainableresults.

Support for media outlets raises issues regardingchoice and duration of support. There are prosand cons to targeting particular outlets versus amore ad-hoc, inclusive approach. Direct supportto one outlet may tend to bias the reportingwhich comes from that outlet in favor of theU.S. donor, and may overdevelop the outlet inrelation to the context in which it exists. As aresult, it may not be sustainable in the long termand it may have less credibility. Support formany outlets, on the other hand, may distributelimited resources so widely that little isachieved in terms of impact. At times, it is moreimportant to have alternative voices in the shortterm rather than sustainable outlets, particularlyin post-conflict or transitional environments. Ifthese alternative voices, however, espouseviewpoints critical of U.S. foreign policy, somemight question the wisdom of continued support

"The Committee believes thesustainability of non-state-controlled

media is critically important...Capacitybuilding through training in commercialmanagement and basic journalism, aswell as development of an independentmedia infrastructure are all necessary

elements to further enhancing economicand political reform."—The SenateForeign Operations Bill for 1998


for them. Others may see this as an indicator ofindependence.

3

Such dilemmas highlight the need for cleardistinctions between media assistance andpublic information campaigns that promote U.S.policies and viewpoints. Democratic transitionsmay not be strengthened through the creation ofa media which, while free from its owngovernment control, espouses views of foreigngovernments and reflects their interests. Anoutlet's credibility depends on its ability toreport news freely.

One of the most important issues to addressbefore engaging in media sector support iswhether to fund local actors directly or to relyon U.S. private voluntary organizations asintermediaries. Funding local actors can be cost-effective, yet it may be time consuming tomonitor recipients, and some may have suchlimited administrative capacity that they can notmanage the money or activities. Relying onintermediaries is beneficial particularly in somepolitical contexts since this distances the local

3 Many USAID intermediaries who are engaged intraining journalists or supporting independent outletsreport that this is a problem that will not go away andmust be “creatively managed.” On the one hand,support for programs comes from U.S. taxpayers'money so it is naive to think that there would bepolitical support for activities which appear, at facevalue, to develop voices critical of the United Statesand its policies. On the other hand, the ultimate goalof journalism training or outlet support is to developthe capacity for professional, objective reporting. Ifthis reporting is critical of the United States or itspolicies, then in some respects this should be seen asa sign of success. When relying on intermediaries tochannel U.S. funds for media activities, theinstrument for doing so is very important to protectthe beneficiaries from excessive U.S. interference.Where grants are used instead of contracts, moreflexibility is allowed, and less oversight expected.Many field missions, however, use contracts to hireintermediaries so that they can have direct influencein programs and even participant selection, and, as aresult, manage the activities in such a way as to avoidraising concerns.

actor from U.S. policies and politics, as well asthe substantial accounting requirementsassociated with USAID funding.

As outlined in the next sub-section, accuratelydefining the problem faced by the media sectorwill lend itself to a particular programmaticapproach. A final decision on which approach toadopt should then be based on an analysis of thetargets of opportunity, the feasibility ofactivities, and USAID’s comparative advantagein carrying out these activities.

B. Identifying a Programmatic Approach

In designing a media sector support strategy, akey undertaking is an analysis of the problem toinform the adoption of an appropriateprogrammatic approach to forward media sectordevelopment. These approaches may take anumber of forms: shaping the legal enablingenvironment, strengthening constituencies forreform, removing barriers to access, supportingthe capitalization of media, and/or training.Ideally, of course, programs would undertake acombination of these approaches to provide aholistic mix of activities. However,understanding the political concerns as well asfinancial and technical constraints, missionsmay be able to adopt only one or twoapproaches at a time. This strategic approachwill present five programmatic approaches, or“menu options,” from which democracy officersshould calculate trade-offs based on the country-specific concerns and priorities, financialconstraints, and available technicalassistance/capacity.

1. Shaping the Legal EnablingEnvironment

In some environments, democracy andgovernance officers will identify legalrestrictions as barriers to media sectordevelopment. This may be characterized bylimited freedom of information and/orexpression, restrictive licensing of printjournalists, violations of international humanrights conventions, and violations of national


constitutions.In working to remove this obstacle, focusing onshaping the legal environment has proven to bea useful programmatic approach. Activities thatcharacterize it include support for anindependent judiciary, a media law curriculumin law schools, an even application of existinglaws, legal defense funds, and drafting medialaws. They may also take the forms of cross-national media law advising, informationdissemination, and information.

Various types of training activities have alsoproven useful under this approach. Training maybe successful on establishing independentregulatory bodies, for media lawyers, oninternational laws and standards, and on draftingmedia laws.

2. Strengthening Constituenciesfor Reform

Limited sectoral support is another sectoralweakness often identified in the media sector.Media sector support is characterized by thepresence of effective media law and policyorganizations, media watchdogs, researchinstitutes and think tanks, advocacyorganizations, and professional associations. Itis also found with training institutes anduniversities, as well as critical readers whovalue the news function.

To strengthen these constituencies for reform,programming should rely on capacity buildingsupport, advocacy training, sustainablefinancing strategies, endowments, andnetworking at the national, regional, andinternational levels. It is also important to reachout to readers, develop an informal code ofprofessional conduct, and acknowledgeexcellence, discourage unethical behavior, andpublicize the contributions of press to society.

Other activities in this area may include presscouncil development or other mechanisms forself-regulation, and civic education to informreaders. Civic education, in particular, can help

readers evaluate the news sources forcredibility, use information to lobby thegovernment, encourage informed action anddecisions, and engage media outlets.

3. Removing Barriers to Access

Another obstacle takes the form of limitedpluralism, both internal and external. It can befound as a result of government control, withmedia oligarchs and economic elites, andthrough commercial concerns dominating themedia.

Removing these barriers to access may involvereforming regulation regarding entry into themarket or regarding public service broadcast toreflect minority interests. It may also be usefulto undertake activities that limit advertisingrevenues for government subsidized media,reform commercial law, create incentives forregional and community media, strengthenproduction skills, encourage media interactionwith civil society organizations, and supportalternative media. Other recommended optionswith this approach provide small grants andloans to media outlets, sensitizing newsroomand management training, and training onomitting discrimination from news stories.

4. Supporting the Capitalization ofMedia

Financial restraints also impose barriers tomedia sector development. Such restraints maybe characterized by limited advertisingrevenues, start-up capital and investors, businessskills, and an understanding of audience share oraudience preferences.

Activities designed to eliminate these sectoralweaknesses have supported the capitalization ofmedia. Specific activities include lobbying forhigher journalist salaries, strengtheningdistribution mechanisms, and providingfinancial and technical support to developnongovernmental advertising. Training may alsoplan an important role in this approach through


training in business and newsroom managementto support the financial operations, and inencouraging and documenting success stories ofcredible, non-sensationalistic outlets that haveachieved commercial success.

5. Training

Finally, limited technical and professionalcapacities also mar the development of asuccessful media sector. These are marked bythe absence of basic skills, ethics, investigativeand specialist reports, and new technologies.

Comprehensive training activities can address anumber of these weaknesses. In particular, theymay be advanced through internationalfellowships and visitor programs, regionalseminars and workshops, internships, on-sitenewsroom seminars, textbook and CD-ROMproduction, video conferencing, and staffattachments. Training activities may also takethe forms of reforms to university curricula andintroduction of new technologies, particularlythe Internet.

A STRATEGIC APPROACH FOR MEDIA SECTOR SUPPORTFUNCTIONS BARRIERS/SECTORAL

WEAKNESSESACTIVITIES

WATCHDOG� Government� Civil Society� Private Sector CIVIC EDUCATION

NEWS ANALYSIS

CHANGE AGENT

A. LEGAL RESTRICTIONS� Limited freedom of

information orexpression

� Licensing printjournalists

� Violations ofinternational humanrights conventions

� Violations of nationalconstitutions

A. SHAPING THE LEGAL ENABLING ENVIRONMENT� Cross national media law advising� Training and/or institutional support to establish independent regulatory bodies� Training in international law and standards to which countries' media laws must comply� Information dissemination regarding laws and implications these have for media freedoms (e.g. registration, print licensing, criminal penalties for

libel and slander)� Support for independent judiciary� Support for media law curriculum at law schools� Training for media lawyers� Information dissemination regarding laws and implications these have for health of business sector (i.e. the ability to disseminate information

relevant to make investment choices, track international markets, monitor government policies, etc.), and ability to attract investors to media sector� Training/support on drafting media laws, particularly governing use and role of media around elections� Institutional support to ensure even application of laws� Support for legal defense funds

B. LIMITED SECTORALSUPPORT� Media law and policy

organizations� Media watchdogs� Research

institutes/think tanks� Advocacy organizations� Professional

associations� Training

institutes/universities� Critical readers who

value news function

B. STRENGTHENING CONSTITUENCIES FOR REFORM� Capacity building support� Advocacy training� Sustainable financing strategies� Endowments� Networking (national, regional, international levels)� Outreach to readers (roundtables, opinion polls, audience share data)� Development of informal codes for professional conduct� Press council development or other mechanisms for self-regulation� Awards programs to acknowledge excellence, discourage unethical behavior, and publicize contributions of press to society� Civic education to teach readers how to: evaluate news sources for credibility; analyze news; engage media outlets through letters to the editor and

other feedback mechanisms; use press to promote interests; check reports for bias; use information to lobby government, mobilize citizens andencourage informed action and decisions

C. LIMITED PLURALISM(internal and external)� Government control

(formal and informal)� Media

oligarchs/economicelites

� Commercial concernsdominate newsfunctions (reaching"lowest commondenominator")

C. REMOVING BARRIERS TO ACCESS� Reform regulation regarding entry to market� Reform regulation regarding public service broadcast to reflect minority interest� Level playing field for private, governmental, domestic, foreign media (registration, licensing, access to information)� Limit advertising revenues for government subsidized media� Reform commercial laws, particularly related to commercial lending and investment� Support alternative media, particularly minority interest and community broadcast� Support production of news features, specials related to minority interest� Create incentives for regional media/community media� Strengthen skills in business management and technical areas (e.g. production)� Provision of small grants and loans to media outlets to cover start-up expenditures, infrastructure development, technological improvements,

running costs, etc. which increase access to and ownership of production and distribution mechanisms� Newsroom and management training to sensitize management and staff to minority and gender concerns to ensure these receive adequate

coverage in mainstream press� Conduct workshops and training to learn how to locate subtle and overt discrimination and edit out of news stories� Encourage media interaction with civil society organizations concerned with minority and gender issues to influence agenda- setting process in

newsroom

D. FINANCIALCONSTRAINTS� Advertising revenues

lacking, especially inrural areas

� Limited start-upcapital/investors

� Limited business skills� Limited understanding

of audience share oraudience preferences

D. SUPPORTING CAPITALIZATION OF MEDIA� Lobby for higher journalist salaries (labor unions)� Strengthen distribution mechanisms to increase subscriptions/sales revenues� Training in business and newsroom management to support the financing operations of media outlets� Financial and technical support to assist the development of non-governmental advertising, particularly in regional media� Training and workshops to encourage and document success stories of the development of credible, non-sensationalistic outlets which have

achieved commercial success

E. LIMITED TECHNICAL/PROFESSIONALCAPACITY� Basic skills� Ethics� Investigative reports� Specialist reports

(health, courts,economics,environment, humanrights)

� New technologies

E. TRAINING� International fellowships/visitors program� Regional seminars/workshops� Internships/practical experience� Reform university curriculum� On-site training (newsroom seminars)� Textbook production/periodicals� Video conferencing� Production of CD ROM/self-guided modules� New technologies, particularly internet� Staff attachments


VI. PROGRAMMATICAPPROACHES

After identifying an appropriate programmaticapproach for media sector support, attentionshould then fall to the details of that approach.Drawing on examples of successful mediaactivities undertaken by USAID field missionsand their partners, as well as those of otherdonors, this section further details the mostcommon barriers to media sector developmentdescribed in Section V and highlights some ofthe best practices and lessons learned from workto remove these barriers.

The activities outlined in this approach beginwith the macro-level approaches and end withmore micro-level activities, such as those thattarget individual outlets. Broadrecommendations are given to identifyopportunities to adopt a particular programmaticapproach and to prioritize activities. However,the final choice of activities will ultimatelydepend on the country context, missionfinances, and available technical expertise toimplement activities. Some of the lessonslearned and best practices are provided to helpmissions think about how these activities couldbe replicated in different contexts, and whatfactors would need to be considered in order toensure success.

These five programmatic approaches areshaping the legal enabling environment,strengthening constituencies for reform,removing barriers to access, training, andsupporting capitalization of media.

A. Shaping the Legal EnablingEnvironment

4

Especially where respect for rule of law exists,activities that focus on implementation of lawsguaranteeing freedom of the press and/or

4 For a detailed analysis of media law reformissues, see Democracy Dialogue. July 1998. USAIDCenter for Democracy and Governance.

reformation of codes that restrict this freedomwould help develop a legal environment thatnurtures a free, independent media. Since mostcountries have not passed media laws, anotherpre-condition for reform activities is thepresence of institutions (e.g., courts, universitymedia programs, opposition political parties)and individual leaders who comprise a strongenabling environment and pressure for legal

reform.

LESSONS LEARNED:Media Law Reform

* Media law reform/passaage is a high-levelgoal; where opportunities exist to engagein this area, they should be seized sincethese efforts have the potential to yieldlong-term, institutional changes.

* Implementation of reforms is as importantas having laws on the books, whichcreates an enabling environment formedia freedom.

* Societies where rule of law is alreadyinstitutionalized and respected are ripe formedia law reform assistance.

* Training media lawyers is an oftenoverlooked, yet critical part of media lawreform assistance.

* Partnerships with law firms which canprovide ad-hoc, pro bono media lawassistance can be very fruitful. [see forexample the ProMedia program]

* The provision of legal defense funds forjournalists is one way to assist media lawreform in restrictive politicalenvironments.

* Linkages between local or national NGOsand regional and international NGOsengaged in lobbying and advocacysignificantly increase impact. [see forexample the Media Institute of SouthernAfrica]


Just as the boundaries demarcating the mediasector are permeable, so are those defining thelegal enabling environment for mediadevelopment. Wherever these lines are drawn,they must allow for the minimum conditions ofaccess and objectivity necessary for citizens tohave information and for government to be heldaccountable. Reforming media laws should beundertaken to affect or strengthen the role ofmedia as a conduit, a channel to connect thegovernment and the people and to lessen thedistance between the two.

Institutions as well as laws support mediadevelopment and are instrumental players inmedia law reform. These institutions includecourts, regulators, and the executive branch ofgovernment. The latter is important since it isoften not the laws that are problematic orrestrictive but their application, and this oftencomes through the executive branch.Universities, particularly law schools, contributeto media development by training journalists ormedia lawyers, as well as advocates for mediafreedom.

Legal issues are more easily discussed whereconstitutional principles have been clearlyarticulated, so the constitution is anotherinstitution that may support media law reform.Reference within a country's constitutionlegitimizes the direct applicability ofconstitutional norms, even if the legislature hasnot given legislative form to those norms. Thishas been of great importance in Russia, forexample, where the direct applicabilityprovision of the constitution has been used toby-pass the legislature in those areas where ithas not drafted legislation. The U.S. constitutionprovides a particular example, one whichfocuses on restricting government, whereasconstitutions in developing countries more oftenreflect the European tradition of outliningpositive as well as negative obligations for themedia.

Since the media depends on opposition partiesfor sources and leads which are critical of the

government, viable, minority, protectedopposition parties are other institutions that maysupport the development of an independentmedia and of a supportive legal environment forit. Opposition parties also help to institutionalizea culture where critical views are tolerated.Likewise, the media creates space for oppositionparties in many cases. Yugoslavia is oneexample where civil society has rallied aroundthe oppositional media, most notably Radio B92and its network. In Poland in the 1980s,countless individuals acted as publishers,writers, printers, and distributors in order toprovide people with alternative information andcommentary, views that were not officiallysanctioned by the regime.

5

While some governments view this activity asdestabilizing, it may be just the opposite since,where press freedom is denied, the oppositionmay turn to more violent forms of expressionand protest. For example, when La Prensa wasclosed in Nicaragua, Violeta Chamorro said,“By closing down the last reserve of civicopposition in Nicaragua, the Sandinistas revealthey have decided on a military solution,although they preach the opposite. They haveclosed the doors to dialogue and opened thedoors to war.”

6

Every media system in the world functionsunder certain kinds of restraint, so the ultimateobjective of media law should be relative ratherthan absolute freedom.

7 One of the most

5 Matynia, Elzbieta. 1997. “Some Notes on CivilSociety, Media, and Democracy." Paper prepared forroundtable discussion on "Media Law Reform, CivilSociety and Transition States” co-hosted by theSquadron Program on Law, Media and Society, andUSAID Center for Democracy and Governance, NewYork, NY, 30-31 October.

6 Ungar, Sanford. 1990. “The Role of a Free Pressin Strengthening Democracy.” In Democracy and theMass Media, edited by Judith Lichtenberg, 368-398.New York: Cambridge University Press.

7 Asante, Clement. 1997. Press Freedom andDevelopment: A Research Guide and SelectedBibliography. Westport, Connecticut: Greenwood


effective protections against restrictivelegislation may be self-regulation and mediaaccountability, developed through professionalassociations and unions. It is more difficult for agovernment to challenge press freedom whenthe reporters and editors of the mass mediaperform at a professional level, verify facts, andadopt a balanced, even if partisan, approach inpresenting stories. Therefore, training and medialaw reform may go hand in hand.

Two categories of laws support media’s abilityto provide information and to check governmentpower. The first relates to laws outlining media-government inter-relationships, while the secondpertains to patterns of media ownership andcontrol. Media-government relations are largelystructured and affected by laws relating tofreedom of information, libel, sedition,obscenity, and invasion of privacy. Tax laws areimportant here, and these should be analyzed todetermine the extent to which they encouragethe growth of private media. NGOs’ tax status isalso relevant since duty free concessions and taxprivileges affect NGOs’ ability to providetraining to media, advocate for the sector, and,in some cases, help to develop infrastructure andprogramming.

The second set of laws affecting media's abilityto provide information and to check governmentpower relates to ownership and control.Ultimately, this set of laws should ensure a levelplaying ground so that all media—private,governmental, domestic, foreign—operate underexactly the same rules without preferentialtreatment in the licensing process. In addition, alimit may be placed on how much ad incomegovernment-subsidized media can take from theprivate sector. For example, in the CzechRepublic no more than 5 percent of statetelevision income can come from advertising. Ithas been suggested that government-ownedtransmitting stations and printing presses shouldbe subject to tariff regulation, if they aremonopolies, and that they must charge the samerates to all customers. Likewise, another means

Press.

of avoiding bias is to ensure that ownership ofmedia by anyone in the close family of a highgovernment official is handled through a blindtrust.

8

Registration, licensing, and access toinformation are important concerns under thiscategory. Issues of foreign ownership andrestrictions of foreign-produced content arehighly relevant here. Media law scholar MonroePrice, addressing the issue of broadcasting law,has said, “A system of domestic media law thatprohibits competition internally, that constrainsthe capacity of program distributors to meet theinterests of consumers, will be a fragile one. It isnot only constitutional reasons but pragmaticones, in this view, that justify a far more opensystem of competition and freedom forbroadcasters.”

9

There are related commercial laws that mayimpinge media development, and these as wellas other laws should be assessed in order todetermine where there is scope for reform. InRussia, for example, RAPIC/NPI has identifiedobstacles that currently prevent the use ofleasing and lease-to-own mechanisms.RAPIC/NPI is trying to promote commercialrelationships between equipmentmanufacturers/dealers and regional mediaorganizations. Laws pertaining to commerciallending and investment also affect the mediaindustry, since they have implications for thecapitalization of the industry.

Examples of types of activities in this area arecross-national media law advising,training/institutional support to establishindependent regulatory bodies, training ininternational law and standards to whichcountries’ media laws must comply, and supportfor legal defense funds. More specific best

8 See Eric Johnson's contribution to DemocracyDialogue (July 1998), Center for Democracy andGovernance, USAID.

9 Hudock, Ann. 1998. “Concept Paper: The Roleof Media in Democracy.” Concept paper, USAID,Washington, DC.


practices supported directly by USAID and itspartners follow.Best Practices

Analyzing legislation to limit restrictionsplaced on new, independent mediaProMedia is USAID's second-generation mediaassistance program in Central/Eastern Europe,following on from a multi-year grant throughUSIA to the International Media Fund, a privatenon-profit organization set up in 1990.Currently, ProMedia has field operations inAlbania, Belarus, Bulgaria, Croatia, Hungary,Romania, Slovakia, Ukraine, and Yugoslavia,with Bosnia to be included shortly. ProMedia isrun by IREX, with Freedom House, theInternational Center for Journalists, andInternews as the primary sub-contractors.

ProMedia addresses the profusion of rules andregulations that inhibit the development of newindependent media. Most countries have yet topass media laws, which set the ground rules forstarting and operating private newspapers, aswell as radio and television stations. On thepolitical side, most governments prefer directcontrol of the media and are clearlyuncomfortable with any criticism of theirpolicies. Since media in the ENI region werehistorically all state-owned, there is no traditionof protecting free press and rights of journalists.This status quo allows some governments in theregion to actually suppress free media whilecasting themselves as modern western states thatrespect human rights and political liberty.

The primary function of ProMedia is to providethorough analyses of media legislation and helplocal journalists understand how media lawsoperate in western countries. The media lawcomponent has concentrated on analyzingproposed or enacted laws, providing legalexperts to help in program design and toparticipate in policy debates, supportingseminars for journalists, training journalistgroups in self defense, and providing U.S.-basedtraining to media lawyers and associations.

Slovakia provides a telling example of howProMedia legal assistance works. In 1996, theMeciar government tried to pass a law thatwould have punished journalists and mediaowners who failed to print or broadcast “thetruth” about Slovakia—as the government sawit. Through the pro bono services of aWashington law firm, Covington & Burling,ProMedia provided an analysis of this law,which showed where it violated the Slovakconstitution and many international conventionsthat the Slovak government had signed. As aresult, the government relented. In early 1997,when the government looked ready toreintroduce the original legislation, ProMediaand Covington & Burling helped Slovakjournalists mobilize to counter any suchinitiative.

International ConventionsSupporting Media Freedom

* Universal Declaration of Human Rights

* International Covenant on Civil andPolitical Rights

* International Covenant on Economic,Social and Cultural Rights

* Charter of Paris for a New Europe

* Budapest Summit Declaration: Towards aGenuine Partnership in a New Europe

* European Convention on Human Rights

* American Declaration of the Rights andDuties of Man

* American Convention on Human Rights

* African Charter on Human and Peoples'Rights

Source: Covington & Burling


Not all of ProMedia's activities, however, arerear-guard actions. With the election of ademocratically-minded government in Bulgaria,ProMedia helped Bulgarian media and journalistassociations convene a “media law task force.”This task force set about drafting a new medialaw that provided open access to the broadcastspectrum, protection of free speech, privateownership of media outlets, and a publicbroadcasting role for state media. ProMedia senta media lawyer who provided analysis of thedraft legislation and offered recommendationsthat would enable the law to meet Europeanstandards.

10 Copies of draft media law analysis

completed by Covington & Burling are availablefrom the civil society team at the Center forDemocracy and Governance.

Hiring staff attorneys to redraft restrictivelaws and regulationsInternews is an internationally-active non-profitgroup working to enhance tolerance andunderstanding among people by supportingnongovernmental television, radio, and printmedia in emerging democracies. With USAIDsupport, Internews has assisted media lawreform mainly in the ENI region and, morerecently, in Indonesia. In response to restrictivelaws and regulations that were restraining theindependent broadcasters Internews supported,Internews hired lawyers in its Central Asian andSouthern Caucases offices to offer their servicesto private broadcasters and to governmentorganizations drafting and implementing medialegislation.

Internews has a permanent staff lawyer in six ofits seven Central Asian and Southern Caucasesoffices. Each of these lawyers has, wherepossible, done the following:

• Gathered all media-related legislation intoone place, distributed copies to privatebroadcasters around the country, andprepared copies in the local language aswell as in Russian and English for posting

10 ProMedia. January-June 1997. SemiannualReport.

onto Internews' web site in each country(e.g.,www.internews.am). Each ispreparing to publish these documents in aBroadcaster's Legal Handbook.

• Established contact with parliamentarydeputies responsible for or interested inmedia legislation and provided whateveradvice they can use to support their effortsto liberalize media law, including providinginformation about how the media areregulated in other countries. Each has alsoprovided information to stations about howto lobby parliamentary deputies on medialaw issues.

• Established a network of contactsthroughout the government agenciesresponsible for preparation, consideration,and implementation of media law. This wasundertaken to make it possible to know whatmedia law is pending and to inform stationsabout how to prepare for forthcomingmeasures.

• Met with many if not all of the directors ofprivate stations in each country to impressupon them the importance of knowing theregulations that govern their activities. Thelawyers have also conducted on-sitecheckups of many stations to point out todirectors changes they need to make toavoid giving the government a legitimateexcuse to impede station operation (such asinadequate posting of emergency fireprocedures).

• Worked with the local associations ofbroadcasters, media, and journalists. Thiseffort is designed to help them increase theirability to represent broadcasters' interests.

Comparing experiences to that in othercountries to better understand media’s roleThe American Bar Association's Central andEast European Law Initiative (ABA-CEELI)prepared a concept paper on media that drawson the U.S. experience to address four principal


themes essential to the understanding of mediain democracy:

• Defamation law, notably when and how themass media can be held responsible andpunished for controversial, embarrassing, orinaccurate information about publicofficials, public figures, or privateindividuals

• Issues of mass media and national security,particularly the government’s ability tocensor or to restrict access to information

• Protection of journalists' sources

• Government ownership, control, andregulation of the mass media

Monitoring, reporting, and acting on mediafreedom violationsThe Media Institute of Southern Africa (MISA)is an NGO with member chapters in 11 of the 12countries that make up the Southern AfricaDevelopment Community (SADC). The regionalsecretariat, headquartered in Namibia, plays aco-ordinating, oversight, and facilitative rolewith respect to the chapters. Officially launchedin September 1992, MISA focuses on the needto promote free, independent, and pluralisticmedia as envisaged in the 1991 WindhoekDeclaration (see Appendix C). MISA seeksways to promote the free flow of informationand co-operation between journalists, as aprincipal means of nurturing democracy andhuman rights in Africa. MISA receives supportfrom a variety of donors, including USAID'sregional mission, the Regional Center forSouthern Africa.

MISA is a membership-based organizationwhose members extend beyond the mediaprofession. MISA is unique in that it reachesbeyond the media industry and mediapractitioners to garner support from civilsociety, including business leaders, teachers,human rights supporters, and others whorecognize that media freedom is an important

right for all in a democratic society. The abilityto leverage local, national, and internationalsupport in efforts to monitor, report, and act onmedia freedom violations distinguishes MISAfrom other more localized efforts.

MISA contributes to the legal enablingenvironment for media through a series ofactivities, publications, and informationdissemination efforts. By cataloguing laws inSADC nations that impinge on media freedoms,MISA hopes to raise awareness amongjournalists, and others, of the constraints onfreedom. In part, this is to protect journalistsfrom breaking laws unknowingly, or to helpthem decide that breaking a law is worth the riskof punishment, particularly when the law mightbe challenged on constitutional grounds. During1996-97, MISA launched a legal defense fundintended to assist media workers in distress or totest repressive legislation in courts of law. Eachof the 11 chapters contributes to the fund, andinternational donors are solicited for assistance.

Training and publications enable MISA toincrease capacity to advocate for media reformin the region, and to disseminate informationmore broadly. MISA's Action Alerts, sent outelectronically, keep stakeholders abreast ofmedia violations and encourage action toaddress critical situations. The Southern AfricanMedia Law Briefing informs lawyers andinterested parties in Southern Africa ondevelopments on media law and freedom ofexpression both within and outside the region.Network News explores substantive issues,chapter activities, and upcoming events. It alsoprovides a space for editorials and cartoons.Training sessions have focused on how tochange legislation, build networks, andstrengthen grassroots awareness.

Lobbying/advocating for journalists’ rights,teaching media law coursesMedia Development Program (MDP) is aUSAID partner supporting the institutional andeconomic development of print and broadcastmedia in Russia. It is administered by Internews


and is managed in partnership with RAPIC.There were three components of MDP thataddressed media law reform:

Glasnost Defense FoundationThe Glasnost Defense Foundation (GDF)received funding through MDP to supportresearch, education, and publication projects.GDF is now an influential and respectedadvocate and lobbyist for the rights ofjournalists in Russia. The foundation monitorsabuses of journalists' rights, lobbies for greaterprotection for journalists in law and in practice,and publishes and distributes reports andhandbooks for journalists on a variety of legal,professional, and personal safety issues. GDF'sdirector has also traveled to Indonesia to workwith Internews in support of media law reform.GDF's publications include Mass Media Lawand Practice in Europe and Short LegalHandbook for Journalists.

Moscow Media Law and Policy CenterSince its inception in October 1995, theMoscow Media Law and Policy Center(MMLPC) has vigorously pursued thepromotion of the rule of law and a free andindependent press throughout the former SovietUnion. MMLPC has become a leading resourcenationally, regionally, and internationally forscholars, policymakers, legislators, lawyers,judges, and journalists involved with Russianand other regional media law and policy issues.The center directs a wide array of programs toencourage media freedoms, including theteaching of media law courses at the MoscowState University School of Journalism, curriculadevelopment in media law for journalismschools both in the regions of Russia and theindependent states, specialized training andexchange programs for professors and studentsof special promise, sponsorship andparticipation in seminars and conferences, avigorous publications program, and a monthlyRussian-language media law newsletter.

Standing Commission of Freedom ofInformationThe Standing Commission of Freedom ofInformation advocates for the explicit,enforceable right of journalists and citizens togain access to government and corporateinformation. It undertakes activities toencourage greater accountability, publicawareness and involvement, and the rule of law.With support from MDP, the commission hasconducted groundbreaking research into theproblem of information access on the local leveland has educated journalists concerning theirrights to information. The commissionconducted programs in six regions of Russia,published a national monthly newsletter, andraised the issue of freedom of information indozens of national and local media outlets.Of equal importance, since the legislativeenvironment surrounding freedom ofinformation is still being formed in Russia, thecommission educated lawmakers andgovernment officials on freedom of informationissues and provided them with many models offoreign information-access laws. Thecommission has also taken the lead in airing theissue of access to corporate information, and theproblems faced by NGOs relating to free accessof information.

B. Removing Barriers to Access

Access to entry, to means of production anddistribution, to information, and for differentviewpoints is essential to a free media. Some ofthese barriers will be removed or reduced as anatural by-product of shaping the legal enablingenvironment, strengthening constituencies forreform, training, and developing thecapitalization of the media. Others must be moredirectly addressed, especially in cases wherethere is sufficient respect for freedom of thepress and expression.

Considerations regarding access are importanton a number of different levels. First, there isaccess to entry, either through broadcastlicenses or print journalism. Several questions


should be considered when designing strategiesfor removing access barriers:

• Are there clear standards for issuinglicenses?

• Who gets licenses?

• Is there a right of appeal when licenses aredenied?

• Are licenses granted on the basis of contentin programming?

A second area where access is essential isaccess to means of production anddistribution. Questions that should beconsidered here are the following:

• Do government monopolies control printingpresses or newsprint or broadcastequipment?

• Are there economic constraints that could beaddressed to increase access of marginalizedor less powerful groups?

• Are commercial laws enabling the mediasector or are there areas that could bereformed to support entry into the mediaindustry?

A third, and often overlooked, area of access isaccess to information. In many countries, thisis provided through freedom of informationlegislation guaranteeing the public access togovernment documents and records, as well asproceedings of official meetings or decision-making processes. In many cases, journalists areunaware of their rights regarding access to thisinformation, and, therefore, do not request it orincorporate it into their reporting. In other cases,access is denied (either formally or informally)and these barriers should be addressed if thepress is to serve a watchdog function of keepingthe elected accountable to the electorate, and ifthe press is to disseminate information which

will enable citizens to make informed choicesand to participate in a meaningful way.

A fourth and critical element of access is accessfor different viewpoints. This is perhaps themost difficult area to address, since to regulatefor this involves giving certain groupspreferential treatment, and runs the risk ofprecluding other groups' access which may limittheir right to freedom of expression. Variousforms of censorship, either direct or indirect,control information flows and who has access toit. Direct, economic, and self-censorship allstifle media to varying degrees.

11 The latter is

often so insidious that even the personcommitting this may not be fully aware of it.Self-censorship is thought to be prevalent inHong Kong, as a result of the handover to Chinain 1997. Hong Kong journalists, even thoughthey technically enjoy greater freedom than theirChinese counterparts, fear reprisals if they writearticles that deviate from the official line.

Economic censorship may take various forms,direct or indirect. Some examples includewithholding from uncooperative newspapersadvertising, newsprint, or printing anddistribution facilities. Economic censorship alsooccurs in countries where there is a fear ofadvertising in the “free” press, since this may beinterpreted by the government as opposition andresult in political backlash that jeopardizesbusiness instead of increasing it. Addressingcensorship, whether it is direct or indirect, isdifficult since it is usually done by powerfulgroups or entrenched interests.

Supporting information dissemination efforts ofNGOs is one way to increase access for avariety of viewpoints. NGOs’ publications areoften the only vehicle for ideas and informationwhich might be overlooked by the mainstreammedia, either because they do not appeal to a

11 Another form of indirect censorship could beconsidered. That is the level of capability that exists inthe profession to report or provide analyses. Where thisskill is lacking and training is not available, there aregaps in public information about policies and events.


mass-based audience or because they arepolitically contentious and might offendgovernment or commercial interests invested inthe mainstream media.

Another approach to increasing access fordifferent viewpoints is offered by MISA:

Regulation is another way to promoteplurality, diversity, quality and access withinthe media. There are a number of regulatorymechanisms available:

• Ownership• Programming• Local support• Roll-out

OwnershipRegulation of ownership can be related to ageographical area—for instance a companyor consortium might be limited to running aTV station in only one area. The advantageof this method of allocation is that greaterregional diversity and more local contentmay result.

As a compromise between competition andmonopoly, a company may be limited torunning two or more stations in non-bordering areas. The advantage of thisprovision is that the operator gains alowering of unit costs while the regulationprevents the possibility of too small anumber of large operators.

An alternative is for the regulator to promotediversity by allowing the same company torun two stations in the same geographicalarea, thereby ensuring that, particularly inradio, different markets will be served bydifferent programming formats. The problemin a small advertising market is that neitherstation—whether TV or radio—may makeenough money to survive.

Allied to geographical area, regulation canprevent a company from serving more than acertain proportion of the population. Hencein urban areas the reach of each stationwould be smaller. This provision tends tocreate more stations.

In order to ensure that citizens can gaininformation from a variety of sources, it isnecessary to limit the holdings of any onecompany or consortia across the differentdistribution methods of information—newspapers, radio, off-air TV, cable TV, andsatellite TV.

ProgrammingTo sell advertising there is a tendency foradvertiser-based stations to produceprogramming that they know to be popular.In order to promote diversity, the regulatormay choose applicants with contrastingprofiles serving the same market. But thisapproach means that the first stationsestablished have an advantage in that theywill have taken the most popular programformats. New applicants are, therefore, at adisadvantage in that they must fulfill therequirement of meeting the needs of smallerpotential audiences.

In television the applicant may giveundertakings that it will provide a proportionof news, current affairs, drama, or otherprogramming. In radio the applicant maygive similar undertakings for channelsspecializing in the spoken word, orundertakings as to the type of music that willbe played.

At this stage, quality may become an issue—how much high-cost programming thestation proposes in its plans. Such high-costprogramming includes news, current affairs,drama, and local programming. The programpromises may be extremely detailed in thatthey give the exact timings of news. Theseprogram promises then become included inthe license to be monitored by the regulator.

Local supportA factor in the distribution of broadcastinglicenses can be the extent of local supportfor a license applicant. The intention hasbeen to encourage support from potentiallocal advertisers, promote programmingsuited to the needs of the local community,and increase diversity. But there areproblems in applying the criterion fairly.How is local support for one applicant to be


measured against that for another? Does thewealth of the supporters then become thecriterion?

The exception is “community” broadcasting,which is subsidized from public funds or aiddonors, and where access by the local

community to a station run by its owncommunity is the reason for the stationscoming into being. It may be necessary forsuch community broadcaster to haveinstitutional structures built into the license,linking it into the local community, so that itmay not, over time, become just anotherlocal commercial station.

Roll-outWhere universal access to a medium is notavailable, the license award may depend onhow far and how fast the contestingapplicants are prepared to expand theirservice. Specific targets in terms of potentialviewing/listening households, or coverage ofspecific geographical areas in the first andsubsequent years may be included in thelicense.

Examples of types of activities in this areaare reform regulation regarding entry tomarket, reform commercial laws, supportalternative media, support production ofnews features, and encourage mediainteraction with civil society organizations.More specific best practices supporteddirectly by USAID and its partners follow. 12

Best Practices

Supporting independent media in a transitionenvironmentSince April 1996, OTI has supported theexpansion, development, and/or survival of 31independent newspapers and news magazinesand three independent news agencies, includingfunding for the publication and distribution ofover four million copies of newspapers andmagazines in the former Yugoslavia. OTI hasbacked the establishment of 55 independenttelevision and radio stations and has supportedmore than 100 locally produced public affairsdocumentaries and roundtable discussions. InLiberia, OTI worked with the Africa Bureau tocreate an independent short-wave and FM radiostation serving all of Liberia and the borderregions to raise standards of news reporting and

12 MISA. Why Independent Regulators. (greyliterature, MISA, South Africa).

WHAT IS COMMUNITYBROADCASTING?

* Most of the community stationsworldwide agree that a communitystation is one that is owned, managed,and programmed by the people it serves.It is a non-profit station responding to thecommunity's expressed needs andpriorities and is accountable tocommunity structures. The extent of theinvolvement in the managing andprogramming differs from one station tothe next.

* Commercial broadcasters definethemselves as profit-making institutions.As a communications medium, they haveto show the same social and culturalresponsibility that all good journalistshave, and have to base theirprogramming on service to theircommunities. But, when a conflict arises,when they have to choose betweencommunity issues and profit, the ownersof commercial stations will be inclined tothe latter.

* Community broadcasters are not lookingfor profit, but to provide a service tosociety. Naturally, this is a service thatattempts to influence public opinion,create consensus, strengthen democracyand above all create community.

* Community broadcast stations should beavailable, accessible, affordable,acceptable, and accountable to thecommunity.

Source: MISA, The Role of CommunityBroadcasting


to provide information. Additionally, OTI hassupported media efforts in Angola and Rwanda,particularly those that increase public awarenessregarding land mines or proceedings of theInternational Criminal Tribunal for Rwanda.

Broadcasting based on community ownershipand participationCommunity broadcasting has enormouspotential to introduce plural voices to the mediasector, to deliver development messages, and toempower communities to take charge of theirown information needs and to developappropriate formats for meeting them. Theessential question regarding the establishment ofa community station is not one of technologybut rather the question of how the communitywill be able to control the medium technically,politically, and culturally.

13 It is possible to have

a community station in a poor area, and to haveeditorial independence even when the stationreceives government support. For example, inthe United States, public broadcasting would nothave been possible without state and federalsupport. Some of the first radio stations in thecountry were educational ones operated by stateuniversities to extend resources to rural schoolsand farmers. Through legislative safeguards,there is no government interference with contentof local programming.

14

Increasing coverage of minorities to promotebroader access to newsThe Roma Press Center located in Budapest,Hungary is an NGO supplying news andinformation towards the largest possible publicregarding the situation of the Roma, the largestethnic minority in Central and Eastern Europe.The press center was established in December1995 in order to increase the presence of theRoma in Hungarian mainstream media. Throughits established domestic network ofcorrespondents in most of the Hungarian

13 MISA. The Role of Community Broadcasting.(grey literature, MISA, South Africa).

14 Fairbairn, Jean and Bill Siemering. 11-15 May,1998. Report on Cultivating Community Radio inMozambique.

countries and, from October 1997, its regionaloffice in Pecs, it functions as a bridge ofcommunication towards the largest Hungariannational dailies and the local newspapers. Thepress center's activities seem to have beensuccessful so far: about 60 percent of its morethan 500 news items have been published in atleast one Hungarian newspaper along with about50 features. In a number of cases the presscenter was the first to call the larger public'sattention to an issue.

Monitoring the executive and legislative, andreporting on their activitiesThe Political Information and MonitoringService (PIMS) of the Institute for Democracyin South Africa (IDASA) aims to supportdemocracy by promoting good ethicalgovernance in South Africa. The servicepromotes an open and accountable executive aswell as strong and independent parliamentsthrough its work in the national and provinciallegislatures. PIMS monitors the legislatures andthe executive, researches public policy andlegislation, and disseminates meaningfulinformation generated through these activities tocivil society and other audiences. It alsoadvocates around selected issues, like politicalparty funding, good governance, a parliamentarycode of conduct and public service reform, andthe open democracy legislation. PIMSdisseminates information creatively to as wideand diverse a public as possible, filling the voidcreated by the inadequacies of the mainstreammedia. PIMS publications includeParliamentary Whip, a tabloid-size newspaperpublished fortnightly during the parliamentarysession; The Provincial Whip, produced by theProvincial Monitoring Project based in Pretoria;and the IDASA Parliamentary Record, compiledby PIMS and published every Monday duringparliamentary session by three South Africanmajor metropolitan newspapers.

Accessing high-quality, independent printingpressesMDP funded the first modern, newspaper-controlled printing press in the Russian


provinces in order to break governmentmonopoly on information. The lack of access tohigh-quality, independent printing presses waswidely regarded as the most significant problemfacing the Russian regional press. On the onehand, state control of existing printing presses isa primary source of direct and indirect controlover the regional press. On the other hand,extremely poor print quality and slow printingservice prevent regional newspapers fromproviding adequate services to potentialadvertisers and timely news coverage to theirreaders. This naturally stymies their economicdevelopment.

Despite the costs and risks involved in a projectof this nature, MDP felt it was essential totackle this problem head-on. Therefore this pilotproject was developed with the goals of (1)vastly improving access to high-quality printingin at least one Russian market and (2) creatingan economic model of how a small newspaperprinting facility could be created and runprofitably. Through the careful selection ofappropriate equipment and the intense trainingof management and technical staff, MDPachieved both these goals.

Utilizing electronic publishing to reducecosts, and encouraging local controlFrom its inception, MDP recognized that newmedia and electronic publishing would play acrucial and increasingly important role in thedevelopment of the Russian media sector. Overthe last five years, Internet access in Russia hasgrown more than twice as quickly as it has in therest of the world, and improvements in thetelecommunications infrastructure suggest thatthis trend will continue for the foreseeablefuture. At the same time, the costs of producingand distributing traditional newspapers,especially in isolated regions like Siberia andthe Far East, make electronic publishing andinformation sharing especially attractive tomany Russian regional publishers. Therefore,MDP has followed a policy of activelyencouraging online publishing in Russia.

The MDP electronic newspaper project grew outof a previously existing partnership between theTacoma News-Tribune and the newspaperVladivostok. Since 1995, the two newspapershad been publishing a primitive electronicversion of the English-language newspaperVladivostok News on the News-Tribune's server,using U.S. technical and publishing expertise.The primary goal of the electronic newspaperproject was to transfer all aspects of the onlinepublication Vladivostok News to Russia and todevelop a completely new Russian-languageonline publication based on the flagshipnewspaper Vladivostok. The electronic versionof Vladivostok, which receives 25,000 hits permonth, can be viewed at <vn.vladnews.ru>.

C. Strengthening Constituencies for Reform

In some pre-transition or very politicallyoppressed environments, it may only be possibleto work indirectly on media sector support. Oneof the ways to do so is through support fornongovernmental organizations (NGOs). Thesegroups may act as advocates for the mediasector, lobbying for freedom of informationrights or for legal reforms that would providepolitical and economic space in which the sectorcould thrive. Or, these NGOs might serve asalternative information sources to countergovernment control over information, or toprovide in-depth investigative reports thatmainstream media may not be able to cover.

Such a strategy or a component of a broaderstrategy may be useful in more closed politicalenvironments as a form of “pre-positioning.” Inthis way, the goal would be to identify keyactors and allies who might be willing to pushforward a reform agenda, and to seize greateropportunities when they arise.

15 Supporting

these actors may mean that, if an opening in thesystem occurs, there are groups with sufficientcapacity to take advantage of the moment.

15 See also "Constituencies for Reform", USAID1994.


Work with professional associations may beconstrained in highly political environments.This is often the case in post-conflict settings. Inthese instances, experience has shown the valueof concentrating programming on simultaneouswork with a number of NGOs, each allied with aparticular political group, or, in their absence,on training.

Several questions are worth considering when

undertaking activities that strengthenconstituencies for reform in the media sector:

• Is it possible, logical to work with thepolitical opposition group(s)?

• Is there internal cohesion of the currentregime? If so, does it serve to support orobstruct the media sector?

• Have there been open acts of dissent? Havethese been random or organized, and, if thelatter, who has organized them? How hasthe regime responded? What are theimplications for alternative views in themedia?

• What “spaces” to communicate are notbeing controlled by regime? (i.e., Internet,NGO publications, alternative media, printmedia, etc.)

• How can new technologies be used to opennew spaces?

• How can the private sector become an ally?

• What role can/does the foreign press play inmonitoring media freedom, setting highstandards, and indirectly or directly traininglocal journalists?

There are numerous resources available to guidecapacity-building efforts for NGOs, includingfinancial sustainability strategies and advocacytraining. USAID's Office of Private andVoluntary Cooperation has createdorganizational self-assessment tools as well asmechanisms for delivering capacity buildingsupport to local NGOs. CIVICUS, aninternational umbrella organization of civilsociety organizations, has published a veryuseful book on financial sustainability forNGOs.

Examples of types of activities in this area arecapacity building support, advocacy training,endowments, civic education, and outreach toreaders. More specific best practices supporteddirectly by USAID and its partners follow.

LESSONS LEARNED:Strengthening Constituencies

for Reform

* Work with professional associations maybe constrained in environments wherethese associations are highly political ororganized along partisan lines. This isoften the case in post-conflict settings.

* Media advocacy organizations are mosteffective when they are membership-based since this gives them credibilityand legitimacy, particularly withgovernment which is more likely to takereforms on board if there is a broad-based, powerful constituency behindthem.

* Media advocacy organizations are mosteffective when they leverage both localand international support, since theweight of the international communityprovides protection and power while thelocal support provides legitimacy onissues around which they are advocatingreform.

* It is essential to remain flexible in rapidlychanging development environments, andto support those organizations that are onthe front lines of reform or are goodcandidates to “pre-position” so that theyare able to take advantage of reformopportunities when they arise.


Best Practices

Extending day-to-day news coverage toinvestigative storiesThe Philippine Center for InvestigativeJournalism (PCIJ) is an independent, non-profitmedia agency that specializes in investigativereporting. Founded in 1989 by journalists, PCIJattempts to extend news coverage beyond day-to-day reportage by investigating news stories,following their development over time, andproducing award-winning reports, which can bepublished in local media that would otherwiselack such substantive work.

PCIJ provides low-budget fellowships toreporters so that they can take time off to pursuestories, and the center's board of seasonedjournalists serves as “coaches” to these fellowsto help them develop their skills and talents.During the past nine years, the center hasproduced more than 200 stories, particularly onthe environment, public accountability andgovernance, health, and the judiciary. PCIJ haswon more than 20 awards for its reporting.Where stories are sensitive, the board membersread stories for accuracy and balance in order tolimit the number of lawsuits filed against thecenter.

“Re-running” to redistribute programmingbeyond initial broadcastThe purpose of the National Association ofTeledistributors (NATD) was to createmechanisms to encourage the growth of the “re-run” market from broadcast programming. Thefirst convention of the NATD, funded by MDP,brought together Russian producers anddistributors offering re-run programming to theRussian market. The producers wanted toorganize a mechanism to help them redistributetheir programming to other stations andnetworks after the initial broadcast. While manyproducers already have business relationshipswith distributors and stations interested inpurchasing re-runs directly, all agreed that themarket had been suffering from a slow start-up.The NATD convention invited MDP

representatives to help address these problems.MDP designed and presided over sevenseminars on related topics.

Representing media associations beforelegislative institutionsUnder MDP in Russia, the National Associationof Telebroadcasters (NAT) received support forits mission of representing telebroadcastersbefore Russian legislative and state institutions,and to provide broadcasters with technical,educational, and other practical support. NATwas formed in August 1995 as an association ofbroadcast television companies structuredloosely on the model of the NationalAssociation of Broadcasters, a U.S. televisionindustry association. NAT's mandate is torepresent and protect the legal and commercialinterests of Russian broadcasters in legislative,regulatory, and executive bodies, to representmembers in national and regional advertisingmarkets, and to expand international businessties. By the end of 1997, NAT had over 130member stations, and NAT activities includedlobbying, seminars, and workshops for TVprofessionals, an annual Tele-radio Expo, aweekly electronic newsletter, and thesponsorship of special conferences on issues ofconcern to the industry.

Awarding media excellence to increasevisibility and prestigeThis international journalism award was createdas an innovative part of the Latin AmericanJournalism Project (LAJP) funded by USAIDand designed and implemented by FloridaInternational University. The annualcompetition recognizes excellence and providesincentive for high standards within thejournalism community of Central America. Agenerous cash prize is attached to the award,which is handed out at an annual banquet whereheads of state, members of the journalismcommunity, and international guests aregathered. Corporate sponsors have provided thecash prize. The ceremonies are often broadcaston television, which raises the visibility of therecipient, and increases awareness of quality


journalism practices. The awards program hasbeen so successful that many refer to it as the“Pulitzer Prize of Central America.” In additionto the institutionalization of professional normsand the recognition the prize provides, theawards ceremony generates an interest in thetraining programs offered by LAJP, andreinforces personal networks that the programhelped to establish in the region.

Independent news reporting to promotealternative viewsThe Budapest Center for IndependentJournalism was founded in 1995 by the NewYork-based Independent Journalism Foundation.The center is a non-political, non-profitorganization supporting ethical, unbiasedinvestigative news reporting. It offersopportunities for journalists and media studentsto learn about new advances in mediatechnology, and organizes course, conferences,seminars, and roundtable discussions. Theprograms at the center are free of charge forjournalists and journalism students. Specialattention is given in programs and publicationsto minority and multicultural issues.

Within the framework of the ProMedia program,300 journalists from local television stationswere trained by the center in local newsproduction and studio work. In addition, westernadvisors offered consultations for local stationson management, advertising, and business plans.

D. Supporting Capitalization of Media

In many transition societies, governmentcontrolled media has been privatized only toyield a media sector which is controlled bypowerful economic elites who use the media fortheir own financial or political gain. One of theways to increase the editorial independence ofthe media is to strengthen outlets' abilities tomanage their business operations, attractadvertisers, and secure loans for investments.

Training in business management andaccounting is essential for the cost-effective

administration of news outlets. Many printoutlets or broadcast mediums are established byjournalists who have little or no financialbackground, and as a result, find it difficult tocharge for advertising, reinvest their profits,assess the assets, and adhere to a budget. Boththe ProMedia program and LAJP trained mediaowners in these areas.

One critical skill to develop is polling ortracking audience data since this will letpotential advertisers know the demographics ofwho is using a certain media outlet. This willincrease the profits of the news outlets sincethey will know which business would be mostlikely to buy space.

Perhaps the most important area of financialsupport for media sector development comes inthe form of revolving loan funds. Some mediaoutlets, for a variety of reasons, find that theyare ineligible for credit from the formal lendinginstitutions and, therefore, rely on informalcredit programs run by NGOs. These fundingsources enable the media outlets to declinegovernment subsidies, particularly in difficulteconomic environments, and retain a degree ofeditorial independence.

Examples of types of activities in this area arelobby for higher journalist salaries, strengthendistribution mechanisms, training inbusiness/newsroom management,financial/technical support, and workshops.More specific best practices supported directlyby USAID and its partners follow.

Best Practices

Providing low-interest loans to encouragemedia in difficult economic/political climatesMedia Development Loan Fund (MDLF) is anot-for-profit organization that provides low-interest loans to independent mediaorganizations working in particularly difficulteconomic and political climates.


The existence of independent media in theseenvironments is jeopardized by poorlydeveloped banking systems, a lack of freshinvesting capital, discriminatory interest ratescharged by lending institutions, and, frequently,political pressure on or control of the media.The need for capital is the main obstacle for theimprovement and growth of independent mediaorganizations. It seriously limits theiropportunities to reach economic vitality andcommercial viability.

Understanding that self-supporting independentmedia organizations are the best insurance andguardian of democratic institutions and the idealof free and independent press, MDLF takes athree-step approach to media assistance:

• Loans are extended for projects that willsubstantially improve the borrowers' chanceto grow and become self-supporting.

• Repayment of loans is structured accordingto stringent reporting and monitoring rulesthat require the borrower to adopt abusiness-like attitude to the profession ofjournalism and improve management,financial, and business skills in the process.

• Technical assistance for management andnew technology is provided to further insurethe success of both the loan and the mediaorganization.

Targets for loans are independent newspapers,magazines, radio and television stations, newmedia companies and media support andinfrastructure organizations that are independentof government control, strive for fact-basedjournalistic excellence, and offer the possibilityto become self-sustaining with capitalinvestment that they can repay.

Mobilizing technical/financial resources toimprove access to long-term financeWith USAID assistance, the Southern AfricanMedia Development Fund (Samdef Fund) seeksto promote the development of the emergent

independent media in the SADC region throughfinancial and technical support. The fund, basedin Botswana, became operational in 1998. Itmobilizes financial and technical resources tohelp media gain access to long-term finance, andto bridge the lending gap between independent,private media operations and the commercialbanking sector. In addition to providing lowinterest loans or credit guarantees, the fundoffers technical and training support services,especially financing or facilitating the financingof project feasibility studies and business plans.Priority needs of many independent mediainclude business planning skills, strategicmanagement skills, financial management, costcontrol and pricing skills, marketing skills,technical production skills, and lobbying skillsto campaign for an enabling environment formedia development.

E. Training

Training initiatives that increase indigenoustraining capacity or that support indigenousinstitutions may be more sustainable andeffective than those that attempt to create newstructures or institutions. In some cases,however, it may be impossible or inadvisable towork with existing institutions since these arefraught with political divisions, or are eitherdirectly or indirectly arms of government. Forexample, Florida International Universitydecided not to work through the universities orjournalists’ associations when it establishedLAJP since the groups were fractured and didnot have the credibility or capacity necessary toimplement a training project.

Training is a very popular activity within therealm of media sector support and has been usedeffectively in a variety of politicalenvironments, in particular by USIA. It is onewhich has inherent limits, but which is criticalto developing a sector which can reliably,accurately, and freely report news and providecitizens with relevant information. Withouttrained journalists, the media is unable to checkgovernment power since information provided


through the media may be seen as circumspector sensationalistic.

Contextual factors also impinge on the successof training activities. These include corruption,low salaries, security threats, drug trafficking,nature of political regime, degree of politicalpolarization in society, and legal framework.

As mentioned previously, journalism training isusefully linked with media law reform, since a

cadre of trained journalists who can reportprofessionally may stave off restrictivelegislation from government.

Given the limited measurable impact of training,this activity should be undertaken carefully andwith a realistic set of objectives. For example,training journalists may not increase the numberof investigative reports published in the media,since this is affected by a number of contextualfactors such as the nature of the political regime,the power of advertisers, the financial resourcesof the outlet, and the willingness of owners andeditors to take risks.

Internews has found through its training effortsin MDP that the best training programs are thosethat stress education of trainers and strive todevelop long-term relationships with trainer-consultants. Combining American and Europeantrainers also helps to avoid the dominance ofone perspective, and to expose trainees to arange of approaches which may support theirwork. Trainees generally appreciate this, andtend to resent what they view as the impositionof U.S. values and ideals regarding the role ofmedia in democracy.

Examples of types of activities in this area areinternational fellowships/visitors programs,regional seminars/workshops, on-site training,use of new technologies, and production of CDrom/self-guide modules. More specific bestpractices supported directly by USAID and itspartners follow.

Best Practices

Institutionalizing journalist education incountry/region servedFrom 1988 to 1997, USAID provided nearly $12million in funding for LAJP, or ProgramaCentroamericano de Periodismo, to strengthenjournalism and journalism education in CostaRica, El Salvador, Guatemala, Honduras, andPanama. Florida International Universityadministered the project in Miami, Florida.Specific objectives included improvingprofessional skills in writing, reporting, editing,production, research, and management; raisingawareness of journalist ethics; strengthening

LESSONS LEARNED:Training

* Contextual factors also impinge on thesuccess of training activities. Theseinclude corruption, low salaries, securitythreats, drug trafficking, nature ofpolitical regime, degree of politicalpolarization in society, and legalframework.

* Training efforts may have greater impactif a reliable alumni network is developedin order to support the journalists oncethey return to their news outlets, and todisseminate information beyond theinitial core of trainees.

* Training may help to lessen incidents ofcensorship and corruption in thenewsroom.

* Involving media owners, managers, andeditors in training activities may increasethe support which journalists receiveonce they return to their newsrooms andtry to put in place the new skills theyhave learned.

* The power of advertisers or the politicalregime may hinder journalists' ability topursue investigative reports.


journalism education programs in universities;developing instructional materials; andfacilitating continuing dialogue among thejournalists, owners, and educators in the region.To supplement the training courses LAJPoffered journalist prizes and written materials.LAJP's awards program, Premios dePROCEPER, was well received in the region.Journalists regard these awards as the highestachievement possible in the region. LAJP'smonthly Spanish-language journalism review,Pulso del Periodismo, offered a widerdissemination of the ideas at the core of LAJP'sseminars, while focusing on topics important tojournalists in Latin America.

LAJP transferred the leadership and operationof the program from Florida InternationalUniversity to an appropriate Central Americaninstitution. The establishment of the Center forLatin American Journalism in Panama was asignificant accomplishment for LAJP. Over the10-year period, more than 6,800 journalistsrepresenting all major media took part incourses, seminars, and the master’s program.LAJP was successful in carving out a trainingniche among professionals and had an impact onthe quality of writing, balance, depth, newscollecting, editing, and technical productionstandards. LAJP's focus on journalist ethics andon codes of ethics helped to significantlydecrease corruption and conflicts of interest.Many participants are less willing to acceptcensorship and are more aware of theimportance of strong, independent media in theservice of democracy.

16

Developing skills for a democratic society anda market economyThe Communications Strategies Program atWorld Bank’s the World Bank Institute (WBI,formerly the Economic Development Institute)

16 For a full report on LAJP, including lessonslearned and factors influencing its success, see thesynthesis report produced by Noreene Janus and RickRockwell. The report is available from the Center forDemocracy and Governance.

is designed to help journalists and governmentcommunicators develop the skills they need tooperate in a democratic society and within amarket economy. Part of this effort has focusedon workshops in investigative journalism, oneelement of a broader effort to assist thepromotion of national integrity and the fightagainst corruption. Workshops have been heldin Africa, and Central and Eastern Europe.

These workshops are designed to equipjournalists with the professional skills needed toinvestigate and report on incidences ofcorruption. The goal is to raise public awarenessthat “clean government” is every citizen's right,and that it should not be necessary to pay a bribeto receive a public service.

One case study used presents a case of graft andcorruption in the fictitious country of Freedonia,mainly in Palisades, the capital. The setting istypical, and one that many participants in WBI’sworkshops have found familiar. The case studycomprises 11 parts, to be used sequentially, andeach one presents new information andchallenges the journalist to make criticaldecisions about how to report each new piece of“news.” As the case unfolds, so does an intricateweb of bribery and corruption that developsboth the technical skills and the professionalethics of the participants.

Increasing media’s capacity to integratewomen into media coverageWith USAID support, WIDTECH providedUkrainian journalists covering the economictransition training in women's focus groupinterview techniques in order to increase themedia's capacity to integrate women into mediacoverage. The workshop began with twoclassroom days to learn interview and focusgroup techniques. Classroom instructionemphasized skills such as listening, asking non-leading questions, remaining objective, andpaying attention to the contribution of eachperson in a focus group. Participants alsolearned how to write focus group interviewguides. The guides they developed became the


basis of their interviews. At least five storiesabout women's economic contributions to thenew Ukrainian market economy were publishedor broadcast as a result of the focus groupworkshop.



VII. CONCLUSIONS

Media activities should not be viewed inisolation from other areas of democracy andgovernance programs and understood to only beimportant in civil society programming. In fact,greater impact may be achieved by integratingUSAID’s media support into additionaldemocracy and governance areas, particularlyrule of law. This indirect approach may proveextremely beneficial in environments whereoutright media support activities might beimpossible. In USAID missions where civilsociety budgets are limited, integrating mediainto other areas of democracy and governanceprograms (or environment or health) might beone way of leveraging additional funding formedia support.

There is a need within USAID media supportprograms to strengthen the civil societyorganizations dedicated to advocating aroundmedia issues, such as the media law and policyinstitutes. Where these organizations are unableto access local funding, USAID support may beneeded to strengthen their capacity and enablethem to achieve long-term financialsustainability.

Another overlooked area of USAID mediaassistance is that of public service broadcast.The bulk of USAID media activities have beencarried out in ENI, where the objective ofsupport was to facilitate the transition from statemedia to private, independent media. In manyAfrican countries, for example, such openingsor transitions are rare, and, given the amount ofpublic money that has been invested in statemedia infrastructure, privatization may not be anequitable course. A meaningful alternativemight be to support state media's transition to abroadcasting service that is publicly owned andrun, but that reflects civil society's interestinstead of state propaganda.

Finally, given limited democracy andgovernance budgets generally, and media sectorsupport budgets specifically, it is important to

prioritize activities according to which areaswill yield the greatest impact over the shortestperiod of time, or which activities will producethe most sustainable, long-term results. Medialaw reform is a priority area in this sense, sinceit addresses the structural and institutionalconstraints to media sector development. It is anecessary, but not sufficient, condition in orderto create a media sector that will supportdemocracy. Combined with self-regulation ofjournalists this can be a very powerful approachto media development.

Media sector support is a critical prong ofstrategies to support democracy and goodgovernance. Challenges to media sectordevelopment are great and some—such as mediaoligarchs, hostile political regimes, andrestrictive economic environments—may provebeyond the scope of USAID assistance. Evenwhen there are obstacles that USAID assistancemight reasonably address, the lack of politicalwill within the country may hamper success. Itis important, therefore, to choose mediaactivities accordingly and to tailor any sectorsupport strategies to the local realities. Thisstrategic approach is an attempt to facilitatethose choices and to highlight some of the bestpractices and lessons learned within USAID andother organizations involved in mediadevelopment. There is no substitute, however,for creativity and flexibility at the field level,and innovations in designing and implementingmedia activities should be encouraged.

It is also important to continue and to improvecoordination of USAID’s media sector activitieswith other parts of the U.S. government,particularly USIA. Effective donor coordinationwill also improve programming, leverage scarceresources, and avoid duplication of effort in thedemocracy and governance area.

APPENDIX A: Resource Organizations

American Bar AssociationCentral and East EuropeanLaw InitiativeEighth Floor740 15th Street, NWWashington, DC 20005-2009Tel: (202) 662 1950

The Asia FoundationTel: (415) 982-4640Fax: (415) 392-8863

Asian Media Information andCommunication CentreJurong PointPO Box 360Singapore 916412Email:[email protected]://www.amic.org.sg

Cardozo School of LawContact: Professor MonroePriceEmail: [email protected]: (212) 790-0402

Center for IndependentJournalism1053 BudapestEgyetem ter 5, I., #7Budapest, HungaryTel: (361) 1175448Email: [email protected]://w3.datanet.hu/~cij

Center for War, Peace, andthe News MediaNew York UniversityTel: (212) 998-7977Fax: (212) 995-4143

CIVICUS Secretariat919 18th Street, NW, 3rdFloorWashington, DC 20006Tel: (202) 331-8518Fax: (202) 331-8774Email: [email protected]://www.civicus.org

Covington and BurlingContacts: Ellen Goodman,Esq. and Kurt Wimmer, Esq.Tel: (202) 662-6000Fax: (202) 662-6291

EDI Learning ResourcesCenterThe World Bank1818 H Street, NWWashington, DC 20433http://www.worldbank.org/html/edi/home.html

Florida InternationalUniversityInternational Media CenterSchool of Journalism andMass CommunicationContact: Charles Green,DirectorEmail: [email protected]: (305) 919-5672Fax: (305) 919-5498

Freedom Forum1101 Wilson BoulevardArlington, VA 22209Email:[email protected]: (703) 528-0800Fax: (703) 522-4831

IDASAPO Box 1739Cape Town 8000South AfricaEmail: [email protected]://www.idasa.org.za

Indian Institute of MassCommunicationAruna Asaf Ali MargJNU New CampusNew Delhi 110067IndiaEmail:[email protected]

International Center forJournalistsTel: (202) 737-3700Fax: (202) 737-0530

Internews CaliforniaTel: (707) 826-2030Fax: (707) 826-2136

IREX, ProMedia ProgramTel: (202) 942-9129Fax: (202) 628-8189

Media Development LoanFund45 West 21st StreetNew York, NY 10010Email: [email protected]

Media Institute of SouthernAfrica21 Johann Albrecht StreetPrivate Bag 13386Windhoek, NamibiaTel: (264) 61-232975Fax: (264) 61-248016http://www.misanet.org

Media Studies Center580 Madison Avenue42nd FloorNew York, NY 10022Tel: (212) 317-6548

Moscow Media Law andPolicy CenterMoscow State UniversitySchool of JournalismRoom 338PO Box 351103009, MoscowRussiaTel/Fax: (7095) 203-6571Email: [email protected]

Open Society InstituteWashington Office900 17th Street, NWSuite 950Washington, DC 20006Tel: (202) 496-2407Fax: (202) 296-5381

Oxford Programme onComparative Media Law andPolicyOxford University Centre forSocio-Legal StudiesWolfson CollegeUniversity of OxfordOxford OX2 6UDemail: [email protected]://www.vii.org/PCMLP/

Panos London9 White Lion StreetLondon N1 9PDUKhttp://www.oneworld.org/panos/

Pew Center for CivicJournalism1101 Connecticut Ave., NWSuite 420Washington, DC 20036Tel: (202) 331-3200Email: [email protected]://www.pewcenter.org

Philippine Center forInvestigative Journalism12 Hernandez StreetSan Lorenzo VillageMakati, Metro ManilaPhilippines

Roma Press CenterH-1092 BudapestFerenc krt. 22. 2/3Budapest, HungaryTel: (36) 1-217-1059

Samdef FundPrivate Bag BO 86Gaborone, Botswanahttp://www.misanet.org

USAID Contacts:Peter Graves, Senior MediaAdvisorBureau for Europe and NewIndependent StatesUSAID/Washington, DC20523-3100Email: [email protected]: (202) 712-4114

Gary Hansen, SeniorTechnical Advisor, CivilSocietyCenter for Democracy andGovernanceUSAIDWashington, DC 20523-3100Email: [email protected]: (202) 712-1521

U.S. Information Agency301 4th Street, SWWashington, DC 20547Tel: (202) 619-4355Fax: (202) 619-6988Email: [email protected]://www.usia.gov

WIDTECH1625 Massachusetts Ave,NWSuite 550Washington, DC 20036Email: [email protected]

World Association ofCommunity RadioBroadcasters3575, boul. Saint-Laurent,Bureau 611Montreal, Quebec H2X 2T7CanadaTel: (514) 982-0351Email: [email protected]:///www.web.net/amarc

APPENDIX B: AssessmentTools 1

For maximum impact, the context in whichmedia interventions take place should beanalyzed. Based on the Center’s StrategicAssessment Methodology, the media sectoranalysis should include the following areas:

Number and types of mediaWhat is the format (tabloid, traditional),circulation, and type of content (religious,political, entertainment, etc.)? What has beenthe history of the media over the past twodecades?

Inventory of journalistsNumber and types of journalists, levels ofprofessional training, regional focus and typesof specialization of each. What are the politicalconditions in the country? Are they pre-conflict,post-conflict? What are the ethnic and politicalpolarizations in the country?

Analysis of journalists’ conditionsSecurity/health and safety, salaries, bonuses,support for training

Inventory of training programs for journalistsWhich universities have programs? Whatdegrees are available in the country? Can theprofession absorb the graduates? What are thecosts, which types of students enroll, and howmany students finish the programs? Whatpercentage of the courses would be consideredpractical vs. theoretical. Are the programspoliticized? What programs do otherinternational donors fund? How can theduplication of the work of other donors be

l This sector assessment tool was developed usingthe Center’s IQC mechanism. Under the IQC, WorldLearning hired Noreene Janus and Rick Rockwell toassess the Latin American Journalism Project carriedout by Florida International University. Theassessment tool was developed as part of themethodology. It was substantially revised onNovember 19, 1998 during a one-day workshop atAmerican University.

avoided by USAID? What are attitudes towardworking with USAID? Are they willing toaccept USAID funding?

Analysis of the legal frameworkWhich agency controls broadcasting and printmedia, new licenses? To what degree are lawsimplemented? What are the obstacles toimplementation of laws currently on the books?Which sectors of society benefit from looseimplementation of the laws and how? For whichoffenses can journalists be jailed? How does thelegal system protect journalists? Does thecountry have a media ombudsman? Is there aforum for settling media disputes?

Analysis of the professional associationsHow many are there, with whom are theyaffiliated, what types of activities do they offer?What are their goals? Are they growing orlosing members? How do they appeal acrosspolitical parties and generations? Whichorganizations could serve as local partners for asector development program? To what extentwould other organizations such as NGOs shareinterest in and promote the goals of such aprogram?

Gender issuesHow are male and female journalists treatedcomparatively? Is there a difference in theirresponsibilities, pay scales, benefits, support,advancement, and visibility? Are ethnic groupsrepresented in the newsrooms?

Investigative journalismHow much is there and is it increasing ordecreasing over time? Is it “personality-driven”?What are the obstacles to investigativejournalism?

Ownership/concentrationWho/ what type of company owns the media,type of ownership, affiliations? Are regional orindustrial groups over-represented? How isownership changing over the years? Do workersshare in the ownership?

What is the level of foreign penetration in themedia? What countries of origin and whichmedia are targeted. What has been the methodof penetration? How has foreign penetrationaffected programming or editorial content?What attitudes exist regarding foreignownership of media? Are internationalbroadcasters carried on local stations?

Who controls technology, the private sector, orthe government?

CensorshipWhat are the limits on media content and howare they imposed?

Ethics/CorruptionDo media professionals accept payment or giftsin exchange for coverage? How do theycompare by medium, age, and time?

Content analysisCompare media on the basis of balance, sources,types of stories, the level of commercial content,and use of sensationalism

Civil societyHow many groups are there? What type ofcoverage do they receive? How do they maketheir goals and positions known? How do theycompare by type of group?

What are press attitudes toward NGOs and othercivil society groups?

Do senior managers welcome public-servicejournalism?

What are government attitudes toward thepress? What international standards can bepresented to the government?

Alternative mediaHow many alternative media exist? Who fundsthem? How do they market their media?

RadioHow many stations are there? For each one,what is its format (music, sports, talk), and howmuch news does it carry? With which

organizations is it affiliated (political orreligious)? What is its geographical reach? Whoowns the station and what is the status of itsfinancial health?

Rural mediaWhat types of media are available to ruralconsumers? Are they increasing in number ordecreasing? How do they compare with urbanmedia in terms of training of the journalists,salaries, advertising revenues, and equipment?

Media consumption patternsWhat are patterns by media, by region, bygender, by income, by language group, and byage?

Media finance/advertisingHow are the media financed? What percentageis funded by advertising and what part ofadvertising is government-originated? Howlarge is the national advertising pie and how is itallocated among media?

APPENDIX C: WindhoekDeclarationThe Windhoek Declaration is a statement of principles drawn upby journalists in Africa to preserve and extend the freedom of the

press. This 1991 UNESCO resolution on “promotion of pressfreedom in the world,” had recognized that a free, pluralistic, andindependent press was an essential component of any democraticsociety. World Press Day is commemorated each year on May 3rd,

the date the declaration was approved.

The 1991 Windhoek Declaration declares that

1. Consistent with Article 19 of the UniversalDeclaration of Human Rights, the establishment,maintenance, and fostering of an independent,pluralistic, and free press are essential to thedevelopment and maintenance of democracy ina nation, and for economic development.

2. By an independent press, we mean a pressindependent from governmental, political, oreconomic control, or from control of materialsand infrastructure essential for the productionand dissemination of newspapers, magazines,and periodicals.

3. By a pluralistic press, we mean the end ofmonopolies of any kind and the existence of thegreatest possible number of newspapers,magazines, and periodicals reflecting the widestpossible range of opinion within the community.

4. The welcome changes that an increasingnumber of African states are now undergoingtowards multiparty democracies provide theclimate in which an independent and pluralisticpress can emerge.

5. The worldwide trend towards democracy andfreedom of information and expression is afundamental contribution to the fulfillment ofhuman aspirations.

6. In Africa today, despite the positivedevelopments in some countries, in manycountries journalists, editors, and publishers arevictims of repression...In some countries, one-party states control the totality of information.

7. Today, at least 17 journalists, editors, orpublishers are in African prisons, and 48African journalists were killed in the exercise oftheir profession between 1969 and 1990.

8. The General Assembly of the United Nationsshould include in the agenda of its next sessionan item on the declaration of censorship as agrave violation of human rights falling withinthe purview of the Commission on HumanRights.

9. African states should be encouraged toprovide constitutional guarantees of freedom ofthe press and freedom of association.

10. To encourage and consolidate the positivechanges taking place in Africa, and to counterthe negative ones, the international community... should as a matter of priority direct fundingsupport towards the development anestablishment of nongovernmental newspapers,magazines, and periodicals that reflect thesociety as a whole and the different points ofview within the communities they serve.

11. All funding should aim to encouragepluralism as well as independence. As aconsequence, the public media should be fundedonly where authorities guarantee a constitutionaland effective freedom of information andexpression, and the independence of the press.

12. To assist in the preservation of the freedomsenumerated above, the establishment of trulyindependent, representative associations,syndicates, or trade unions of journalists andassociations of editors and publishers is a matterof priority in all the countries of Africa wheresuch bodies do not now exist.

13. The national media and labor relations lawsof African countries should be drafted in such away as to ensure that such representativeassociations can exist and fulfill their importanttasks in defense of press freedom.

14. As a sign of good faith, Africangovernments that have jailed journalists for theirprofessional activities should free themimmediately. Journalists who have had to leavetheir countries should be free to return to resumetheir professional activities.

15. Cooperation between publishers withinAfrica, and between publishers of the North andSouth...should be supported.

16. As a matter of urgency, the United Nations,and particularly the International Program forthe Development of Communication, shouldinitiate detailed research [in identified areas].

17. In view of the importance of radio andtelevision in the field of news and information,the United Nations and UNESCO are invited torecommend to the General Assembly and theGeneral Conference the convening of a similarseminar of journalists and managers of radio andtelevision services in Africa, to explore thepossibility of applying similar concepts ofindependence and pluralism to these media.

18. The international community shouldcontribute to the achievement andimplementation of the initiatives and projects setout in the annex to this declaration.

19. This declaration should be presented to thesecretary-general of the United Nations GeneralAssembly, and by the director-general ofUNESCO to the General Conference ofUNESCO.

OTHER DEMOCRACY AND GOVERNANCEPUBLICATIONS FROM USAID

PN-ACB-895Alternative Dispute Resolution Practitioners Guide

PN-ACC-887Civil-Military Relations: USAID’s Role

PN-ABS-534 Special EvaluationConstituencies for Reform: Strategic Approaches for Donor-Supported CivicAdvocacy Programs

PN-ACD-395Democracy and Governance: A Conceptual Framework

PN-ACC-390Handbook of Democracy and Governance Indicators

PN-ACE-070A Handbook on Fighting Corruption

PN-ACE-630The Role of Media in Democracy: A Strategic Approach

PN-ACE-500USAID Political Party Development Assistance

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THE ROLE OF MEDIA IN DEMOCRACY: A STRATEGIC APPROACH

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