The draft concept of public broadcasting needs to be more explicit and some substantial precisions shall be added. Such is the main conclusion of the resolution that has just been issued on the public hearings "Evaluation of the public broadcasting concept worked out by the Public Humanitarian Council affiliated to the President of Ukraine", launched at the initiative of the civic movement "Stop censorship!" on September 2, 2010.

Integral text of the resolution

issued after the public hearings "Evaluation of the public broadcasting concept worked out by the Public Humanitarian Council affiliated to the President of Ukraine"

The participants of the public hearings "Evaluation of the public broadcasting concept worked out by the Public Humanitarian Council affiliated to the President of Ukraine" held on 2^nd of September, 2010, considered as a positive element that the authorities had declared its will to support launching of the public broadcasting service in Ukraine. At the same time, we draw attention to the issues.    

The concept they proposed is neither sufficiently detailed, nor allows to evaluate the level of effectiveness of the procedures nor guarantees that the public broadcast system would be well functioning. Actually, the clause 5.2 of the Concept dealing with the funding of the National Public Television and Radio Broadcasting Corporation of Ukraine has failed to precise ratios of the funds covered by the state budget and the funds ensured by the activity of the corporation.  

Also the clause 6.2 of the Concept has failed to provide an extended category list of the national NGOs which are to delegate its members to the Supervisory Board of the National Public Television and Radio Broadcasting Service of Ukraine. Also decision to nominate a single candidate to the Supervisory Board from the civil society by means of consensus leads to the problems of its implementation. There is no elaborated mechanism which is supposed to ensure genuine independence of the Supervisory Board members or to avoid any conflict of interests.         

Furthermore, the Concept mentions only "formation" of the Public Broadcast, but according to its content, the Concept covers all further aspects of the Public Broadcast Service functioning.  

We point out that with a view to form positive background for well-functioning of the Public Broadcasting in Ukraine, this is indispensable to adopt Law "On access to information" №2763 and "On reinforcing guarantees for freedom of expression and counteraction to censorship" №№ 6447, 6447-1. 

Taking into account importance of the Public Broadcasting for the democratic society, as well all foregoing remarks, the participants of the Public Hearings have decided:

1. To propose to the Cabinet of Ministers of Ukraine to continue discussing the Concept in the regions and to involve the general public and media experts in order, NGOs' members dealing with the media in order to make it more precise. The public has right to get access to the information regarding the means they use to form the Public Broadcasting, its functioning, staff policy, funding and so on. 

2.  To recommend to the National Television and Radio Broadcasting Council of Ukraine to conduct a comprehensive research of television and radio field in Ukraine with a view to ensure priority in development of public broadcasting, and to duly amend the Development Plan of Television and Radio Field of Ukraine. 

3. To recommend to the Cabinet of Ministers of Ukraine to take into account previous regulatory acquirements elaborated by the NGOs and the Parliament as to the Public Broadcasting issue, namely: 

-  bill considered by the Verkhovna Rada of Ukraine in 2005 (draft of law on Amendments and Supplements to the Law of Ukraine "On Public Television and Radio Broadcasting System of Ukraine", registered under # 7539); 

- bill elaborated by the National Commission for Consolidation of Freedom of Speech and Development in Media Field (on amendments to the Law of Ukraine "On Public Television and Radio Broadcasting System of Ukraine" (new wording)); 

- bill 4198 registered in the Verkhovna Rada in 2008; 

- draft of principles ensuring independence of newsrooms' editorial policy within the system of  the Public Broadcasting of Ukraine (worked out by a working group assigned to elaborate the principles regulating the Public Television and Radio Broadcasters in the framework of NGOs' coalition "Public Broadcasting" (with the support of the "Renaissance" International Foundation)); 

- Public Broadcasting concepts selected by the Secretariat of the President of Ukraine within an open tender in 2005-го; 

- Public Broadcasting of Ukraine concept provided by the Public Media Center and Internews-Ukraine; 

- the EU guidelines on audiovisual media services and recommendations of the Council of Europe. 

The participants of Public Hearings consider as inacceptable the public broadcasting project if next clauses are not taken into account: 

- the NGO's presence shall be guaranteed in the Supervisory Board; 

- the model of funding shall exclude any eventual interference of the government bodies, even in case of funding from the state budget; 

- funding shall be guaranteed and sufficient to ensure achievement of the program objectives of the public broadcaster; 

- public broadcasting management shall be secured against any political pressure and other interference; 

- the public shall get a guaranteed access to the information on the principles of the public broadcaster activity, staff policy and budget.