VZCZCXRO7604
RR RUEHDBU RUEHIK RUEHYG
DE RUEHBUL #5700/01 3400906
ZNR UUUUU ZZH
R 060906Z DEC 06
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC 4461
INFO RUCNAFG/AFGHANISTAN COLLECTIVE
RUEHZG/NATO EU COLLECTIVE
RUEHFR/AMEMBASSY PARIS 2957
RUEKJCS/OSD WASHINGTON DC
RUEKJCS/JOINT STAFF WASHINGTON DC
RHMFIUU/HQ USCENTCOM MACDILL AFB FL
RUCNDT/USMISSION USUN NEW YORK 3352
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC
RUEAIIA/CIA WASHINGTON DC
RHEFDIA/DIA WASHINGTON DC

UNCLAS SECTION 01 OF 04 KABUL 005700 
 
SIPDIS 
 
DEPARTMENT FOR SCA/FO DAS GASTRIGHT, SCA/A 
STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG 
NSC FOR HARRIMAN 
OSD FOR KIMMITT 
CENTCOM FOR CG CFC-A, CG CJTF-76 POLAD 
EMBASSY PARIS PASS TO USMISSION TO UNESCO 
 
SENSITIVE, SIPDIS 
 
 
E.O. 12958 N/A 
TAGS: MCAP MOPS PREL PGOV PTER PHUM AF
SUBJECT: NEW DRAFT OF AFGHAN MEDIA LAW SMACKS OF 
GOVERNMENT CONTROL 
 
------- 
Summary 
------- 
 
¶1.  (SBU) The Afghan Parliament's Committee on 
Religious and Cultural Affairs has circulated draft 
language amending the Afghan Mass Media Law (Media 
Law) - adopted by Presidential Decree in 2005 but 
never approved by Parliament - that troubles many in 
the Afghan media and international community.  The new 
draft reflects increasing support within the GOA and 
Parliament for greater restrictions placed on media 
content and an overall climate of potential government 
intimidation and media self-censorship.  Worrisome 
elements within the latest draft include: language 
that seeks to keep Radio-Television Afghanistan under 
the rubric of the GOA, rather than converting it to 
independent Public Service Broadcasting; the 
elimination of three committees that protected 
journalists from politically-motivated reprisals; and 
the designation of certain categories of content as 
"prohibited".   Proponents of greater government 
control of the Afghan media point to its vulnerability 
to Taliban manipulation for spreading anti-government 
propaganda and recent broadcasts - especially of music 
and dance - that run counter to conservative cultural 
values in Afghanistan.  There is some agreement among 
the international community that the Afghan media has 
acted irresponsibly, especially with regard to fact 
checking; but most advocates of independent media 
stress the need to distinguish between a free, yet 
regulated independent media and one controlled by the 
government.  End summary. 
 
--------------------------------------------- ------- 
GOA Elements Put Forward More Conservative Media Law 
--------------------------------------------- ------- 
 
¶2.  (SBU) The Afghan Mass Media Law (Media Law) was 
originally adopted in December 2005 by Presidential 
Decree but has yet to be approved by the Wolesi Jirga 
(WJ), lower house of Parliament.  That version of the 
Media Law was considered a reasonably moderate, 
progressive document that sought to develop a 
regulatory environment for a free, healthy media. 
Sometime over the last two months, however, a new 
version (herein referred to as the November 2006 
version) of the Media Law was drafted and circulated 
around the Afghan Parliament.  It is believed that the 
Minister of Information and Culture, Abdul Kharim 
Khuram, and the Parliament's Commission on Religious 
and Cultural Affairs, led by Haji Mohammad Mohaqqeq, 
are behind the new draft. 
 
¶3.  (SBU) It is unclear whether President Karzai is 
somehow connected to efforts to circulate the November 
2006 draft.  Contacts within the international 
community have heard that the newest version was 
drafted on behalf of the GOA and that the GOA has 
pressured members of Parliament to present it as their 
own idea, rather than that of the GOA.  There were 
rumors that those behind the November 2006 draft 
sought to push that version through Parliament before 
the December 6 start of Parliamentary recess. 
Lobbyists from the local journalist community met with 
Wolesi Jirga (WJ) Speaker, Younis Qanooni, who gave 
assurances that the Media Law would not be voted on 
prior to the December Parliamentary recess. 
 
--------------------------------------------- --------- 
More Government Control; Less Protection for Reporters 
--------------------------------------------- --------- 
 
 
KABUL 00005700  002 OF 004 
 
 
¶4.  (SBU) There are three main areas of concern 
arising from the November 2006 draft Media Law: (1) 
its determination that Public Service Broadcasting 
(PSB) would essentially function under the GOA; (2) 
its elimination of three independent commissions laid 
out in the December 2005 draft that were designed to 
ensure a degree of independence for media outlets and 
protect journalists  from reprisals by influential 
politicians; (3) language that creates an overall 
climate of government control and intimidation as well 
as self-censorship of the media. 
 
¶5.  (SBU) Article 19 of the November 2006 draft 
stipulates that "the National Radio and Television of 
Afghanistan (RTA) is a mass media belonging to the 
Afghan nation that functions within the structure of 
Ministry of Information and Culture, and its programs, 
except advertisements, shall be broadcasted free of 
charge," essentially modeling RTA after a PSB network 
- but one that is controlled by the GOA, not an 
independent media outlet.  EU countries are 
particularly concerned about this addition to the 
latest draft, as they had pledged several million 
euros toward developing Radio-Television Afghanistan 
(RTA) into an independent PSB network.  They have 
shared informally that such funding would be withdrawn 
if RTA does in fact turn into a government-run media 
outlet. 
 
¶6.  (SBU) Another point of contention is the 
elimination of three commissions designed to protect 
the independence of media outlets and protect 
journalists from reprisals by influential politicians. 
These include: 
 
      ¶I.  The Commission on Media Complaints and 
          Offenses - designed to be a mediating body 
          that evaluates complaints against media 
          outlets or specific journalists.  The 
          commission would only refer a case to the 
          courts if it could not be effectively 
          mediated by this commission.  It essentially 
          worked to protect media outlets and 
          journalists critical of the GOA from 
          reprisal by influential politicians. 
 
     II.  RTA (Radio-Television Afghanistan) 
          Commission -  Comprised of a religious 
          scholar, a lawyer, a professional engineer, 
          two professional journalists, two artists, 
          one national trader and one representative 
          of civil society, this commission promoted 
          the involvement of non-governmental 
          stakeholders in developing public radio and 
          TV outlets in Afghanistan.  There was a 
          particular mandate to solicit international 
          assistance in the development of RTA. 
 
    III. Bakhtar News Agency - designed to oversee 
         the activities of the state run news agency 
         which had to report on content to the Media 
         High Council, another commission created in 
         the Media Law which would be chaired by the 
         Minister of Information and Culture. 
 
¶7.  (SBU) Lobbyists on behalf of independent media in 
Afghanistan note another problem within the law on the 
above-mentioned commission:  a mandate that stipends 
for members of the commissions be paid by the Ministry 
of Information and Culture (MIC), rather than  a 
separate budget established by Parliament.  Payment by 
the MIC leaves members of the commission open to GOA 
intimidation. 
 
 
KABUL 00005700  003 OF 004 
 
 
¶8.  (SBU) Other elements of concern in the November 
2006 draft work to create an overall climate  of 
government control and possible intimidation as well 
as self-censorship of the media.  These include the 
designation of five additional categories of 
"prohibited broadcasts" (the December 2005 draft had 
four). These now include any material that:  is 
contrary to Islam; offensive to other religions and 
sects; jeopardizes stability, national security or 
territorial integrity (new); provides false 
information that might disrupt public opinion (new); 
publicizes or promotes any religion other than Islam 
(new); damages the physical, psychological, or moral 
well-being of the people, especially children and 
youth (new); discloses the identity of victims of 
violence and rape; is slanderous and insulting to 
people (new); constitutes false accusations or 
defamation.  The law noticeably does not provide legal 
definitions for the terms slander, libel, or 
defamation, an omission which leaves journalists and 
media outlets vulnerable to broad misuse of the terms 
by anyone whom the media criticizes.  Furthermore, 
independent media proponents have noted the addition 
of several lines indicating that public and private 
media must either "respect" or "adjust its programs" 
"in light of the principles and provisions of the holy 
religion of Islam."  Many in the media point out that 
such clauses give the GOA broad grounds on which to 
manipulate the law to influence and control media 
content. 
 
-------------------------------- 
International Community Response 
-------------------------------- 
 
¶9.  (SBU) To date, several members of the 
international community have weighed in with the GOA 
regarding their concerns about the November 2006 
draft.  On November 15, the European Union Special 
Representative, accompanied by representatives of the 
French, German and British Embassies, delivered a 
joint demarche to Minister Khuram, seeking his support 
for media reform.  Minister Khuram reportedly feigned 
a lack of influence and responded that he could not 
control how Parliament votes. Internews (an 
international advocacy NGO promoting independent 
media) and UNESCO have secured the blessing of Wolesi 
Jirga Speaker Qanooni to organize seminars educating 
members of Parliament, lawyers and mullahs on the 
value of free press.  They are also considering 
launching a public information campaign to explain the 
concept of Public Service Broadcasting. 
 
--------------------------------------------- --------- 
Distinction: Government-controlled vs. Regulated Media 
--------------------------------------------- --------- 
 
¶10.  (SBU) Increasingly, members of the GOA and 
Parliament see the need for government control of the 
Afghan media.  They argue that (1) media outlets do 
not employ comprehensive fact checking and are thus 
manipulated by insurgents to disseminate propaganda; 
(2) unrestricted media coverage of insurgency activity 
encourages the Taliban; (3) private media outlets 
(especially through broadcasts of music and dance) are 
alienating a conservative population and giving 
further fuel to insurgent propaganda.  One particular 
point of contention has been Tolo TV's decision to 
broadcast performances by Latin pop sensation Shakira, 
who is world renowned for her belly-dancing during 
performances.  (Note: Lobbyists on behalf of 
independent media have convinced Tolo to stop airing 
Shakira's performances at least until the Media Law 
has been passed through Parliaments in hopes of 
 
KABUL 00005700  004 OF 004 
 
 
quenching some of the public ire against a media 
viewed as being "too liberal."  End note.) 
 
¶11. (SBU) There is widespread acknowledgement among 
the International Community that media outlets have 
not been completely responsible with regard to fact 
checking.   Many agree on the need to help the Afghan 
public and political leadership understand the 
difference between a free media that operates within a 
regulatory environment and one that is controlled by 
the government. 
 
¶12.  (SBU) Both the Parliamentary Committee on 
Religious and Cultural Affairs and President Karzai 
invited members of the Afghan media on December 3 to 
hear their concerns about the November 2006 draft of 
the law; however, many journalists felt toyed with 
after the Palace announced a meeting time on the 
morning of the event that started just 30 minutes 
after the Parliamentary meeting was scheduled, thus 
making it logistically impossible for invitees to 
attend both.  This has fueled perceptions that the GOA 
at its highest levels is in cahoots with the Committee 
on Religious and Cultural Affairs to have this more 
conservative draft passed into law.  Journalists who 
did attend the morning session with the Committee on 
Religious and Cultural Affairs reported that the 
committee seemed open to reinstating the Commission on 
Media Complaints and Offenses but did not receive any 
concrete feedback on their other concerns. 
 
----------- 
Post Action 
----------- 
 
¶13. (SBU) Post will weigh in with Minister of 
Information and Culture Khuram and the Parliament's 
Committee on Religious and Cultural Affairs to stress 
the value of a free and independent - yet regulated - 
Afghan media.  Post will also continue consulting 
contacts within the international community and GOA, 
as well as Afghan media leaders, to assess how best to 
influence President Karzai's stance on the issue. 
Post will quietly press the GOA at its highest levels 
to maintain protections for journalists in the draft 
legislation and to create a regulatory environment for 
a free, independent Afghan media.