VZCZCXRO5635
PP RUEHDBU RUEHIK RUEHPW RUEHYG
DE RUEHBUL #1748/01 1441455
ZNR UUUUU ZZH
P 241455Z MAY 07
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC PRIORITY 8317
INFO RUCNAFG/AFGHANISTAN COLLECTIVE
RUEHZG/NATO EU COLLECTIVE
RHMFIUU/HQ USCENTCOM MACDILL AFB FL
RUEKJCS/SECDEF WASHINGTON DC
RUEKJCS/OSD WASHINGTON DC
RUEKJCS/JOINT STAFF WASHINGTON DC
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC
RUCNDT/USMISSION USUN NEW YORK 4120
RHEFDIA/DIA WASHINGTON DC
RUEAIIA/CIA WASHINGTON DC

UNCLAS SECTION 01 OF 02 KABUL 001748 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR SA/FO, SCA/A, S/CT, S/CR, SCA/PAB, EUR/RPM 
STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG 
NSC FOR HARRIMAN 
OSD FOR SHIVERS 
CENTCOM FOR CG CJTF-82 POLAD 
 
E.O. 12958: N/A 
TAGS: PREL PGOV PHUM AF
SUBJECT: MORE MODERATE THAN EXPECTED MEDIA LAW PASSES LOWER 
HOUSE 
 
 
------ 
SUMMARY 
------- 
 
¶1. (SBU)  On May 22 the Lower House of Parliament passed the 
Media Law.  The text is less restrictive than the law 
currently in force, based on a presidential decree.  It 
allows foreigners to invest in all forms of media.  Radio 
Television Afghanistan (RTA) will not be under direct 
Ministerial control (as previous drafts proposed), but will 
remain "within the structures of the state."   The Chair of 
the High Media Council (HMC), responsible for setting general 
media policy, will be elected by members of the Council.  It 
was previously proposed that the Minister of Information and 
Culture would be the permanent Chair.  Concern about media 
licensing lingers since it will be decided by the Minister of 
Information, which gives him considerable control over who is 
allowed to open a new media outlet.  As Parliament is 
scheduled to go on recess in two weeks, the Upper House may 
not vote on the law until August.  END SUMMARY. 
 
------------------------------------------- 
Upper House May Not Pass Bill Before Recess 
------------------------------------------- 
 
¶2.  (SBU)  Having passed the Lower House on May 22, 
Afghanistan's amended Media Law now moves to the Upper House, 
which will have 15 days to approve the bill or propose 
amendments.  The text is less restrictive than the current 
law, which came into force based on a Presidential decree 
prior to the Parliament coming into play.  Parliament's 
summer recess is scheduled to begin on June 6, ten working 
days after the Upper House receives the bill.  There has been 
speculation that the Parliamentary session will be extended, 
but thus far no action has been taken.  If there are no 
suggested changes, the bill will then move to the President 
for signature.  If amendments are proposed, a joint 
commission composed of MPs from each house will be formed to 
determine the final text of the bill. 
 
-------------------------------------- 
High Council for Media Will Set Policy 
-------------------------------------- 
 
¶3.  (SBU)  The High Council for Media (HCM) established in 
the law will set the general media policy for all media 
outlets.  The Council will be comprised of members from 
various groups, including GOA representatives, journalists, 
and civil society members.  The HCM Chair will be elected by 
HCM members.  This is a positive change from previous drafts, 
which proposed that the Minister of Information and Culture 
be appointed permanent Chair.  The election process allows 
the Council to carry out its mandate with a higher degree of 
independence from the Ministry than if the Minister had been 
appointed permanent Chair.  The HCM will nominate candidates 
for the Commission for Media Affairs, the complaints 
committee created to examine and manage media-related 
complaints, and the head of state-run Radio Television 
Afghanistan (RTA) and will oversee RTA's budget.  The 
President will approve these nominations. 
 
--------------------------------------------- ------ 
Commission for Media Affairs Will Handle Complaints 
--------------------------------------------- ------ 
 
¶4.  (SBU)  The law also establishes the Council for Media 
Affairs (CMA) to examine and investigate complaints and 
offenses.  If the CMA is unable to settle a case, it will 
transfer cases to the relevant judicial authorities. 
According to the draft law, there will be a special court for 
media complaints.  The specific composition and operation of 
the court remains to be determined.  Investigation on cases 
is therefore entirely handled by the CMA instead of the 
Attorney General's office.  The Commission will be composed 
of nine "professionals" from civil society groups, 
journalists, "intellectuals", and GOA representatives.  Two 
 
KABUL 00001748  002 OF 002 
 
 
Lower House and two Upper House Parliamentarians will be 
observers.  The nine members will be nominated by the High 
Media Council and approved by the President. 
 
--------------------------------------------- -------------- 
Radio Television Afghanistan Commission Protects Integrity 
--------------------------------------------- -------------- 
 
¶5.  (SBU)  The Radio Television Afghanistan (RTA) Commission, 
also created in the law, will have responsibility for 
ensuring the independence of RTA is respected.  RTA will not 
fall under direct Ministerial control, which is a positive 
development, but will remain "within the structures of the 
state." (Note: This phrase remains to be clarified.  End 
Note).  The RTA Commission will propose and implement the RTA 
budget, issue an annual report to the Lower House's Cultural 
and Religious Affairs Committee, and implement the RTA 
charter and policy designed by the High Council for Media. 
The Commission will be composed of one mullah, one lawyer, 
one engineer (type of engineer is not specified), two 
journalists, one civil society representative, and one 
"artist."  The High Council of Media will propose the head of 
RTA, who will automatically chair the RTA Commission. 
 
------- 
COMMENT 
------- 
 
¶6.  (SBU)  The version that the Lower House passed is less 
restrictive than the law currently in force and certainly 
less restrictive than earlier drafts.  Lingering concern over 
licensing remains as authority will be held by the  Minister 
of Information, giving him considerable control over who is 
allowed to open a new media outlet.  The EU, which has been 
very active in lobbying for several specific amendments to 
the law, agrees that the final draft is better than they 
expected, and noted that several of their proposed changes 
had been taken into account in the final draft.  END COMMENT. 
WOOD