VZCZCXRO2336
PP RUEHPW
DE RUEHBUL #2478/01 2580321
ZNR UUUUU ZZH
P 140321Z SEP 08
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC PRIORITY 5470
INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC PRIORITY
RUEAIIA/CIA WASHINGTON DC PRIORITY
RHEFDIA/DIA WASHINGTON DC PRIORITY
RUEKJCS/OSD WASHINGTON DC PRIORITY
RUEKJCS/SECDEF WASHINGTON DC PRIORITY
RUEKJCS/JOINT STAFF WASHINGTON DC PRIORITY
RHMFIUU/HQ USCENTCOM MACDILL AFB FL PRIORITY

UNCLAS SECTION 01 OF 02 KABUL 002478 
 
SENSITIVE 
SIPDIS 
 
STATE FOR SCA/FO, SCA/A, S/CRS, DRL 
STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG 
NSC FOR JWOOD 
OSD FOR MCGRAW 
CG CJTF-101, POLAD, JICCENT 
 
E.O. 12958: N/A 
TAGS: KDEM PGOV AF
SUBJECT: PARLIAMENT OVERRIDES KARZAI'S VETO AND ENACTS 
MEDIA LAW 
 
¶1. (U) Summary: The Wolesi Jirga (WJ, Lower House of the 
National Assembly) approved the media law with a two thirds 
majority, overcoming President Karzai,s December 2007 veto. 
Journalists and NGOs reacted positively to the new law, with 
many speaking favorably of the provisions establishing Radio 
Television Afghanistan (RTA) as an independent organization 
under the executive branch of the government.  Criticism of 
the law focused on the specific prohibitions on media 
publications that harm the moral well-being of people or that 
are offensive or libelous. 
End Summary. 
 
Basics of the New Law 
--------------------- 
 
¶2.  (U) On September 6, the WJ passed the media law with the 
two-thirds majority needed to overcome Karzai,s veto of the 
bill.  Karzai,s main objection was that he wanted RTA to 
remain under the control of the Ministry of Information and 
Culture.  Under Article 14 of the new law, RTA is &a public 
media that belongs to the Afghan nation and shall be 
administered within the framework of the executive branch.8 
Article 44 of the law states that a National Radio Television 
Commission shall be established to regulate RTA and includes 
as one of the Commission's duties, &protecting the 
independence, impartiality, and professional reputation of 
RTA.8  The seven members of the Commission must include one 
religious personality, one lawyer, one engineer, two 
journalists, one artist, and one  representative from civil 
society.  The Chair of the Commission is also the Executive 
Director of RTA.  The law does not specify how the Chair is 
selected from the members of the Commission. 
 
¶3.  (U) Article 45 of the new law prohibits the production, 
import, reproduction, print, and publication of the following 
by mass media and news agencies: 
 
Begin text: 
 
Works and materials that are contrary to the principles of 
the holy religion of Islam, 
Works and materials which are offensive to other religions 
and sects, 
Works and materials which are humiliating and offensive to 
real or legal persons, 
Works and materials which are considered libelous to real and 
legal persons, and cause damage to their personality and 
credibility, 
Works and materials which affect the stability, national 
security, and territorial integrity of the country, 
False literary works, 
Materials and reports that disrupt the public's mind, 
Propagation of religions other than the holy religion of 
Islam, 
Disclosure of identity and pictures of victims of violence 
and rape in a manner that damages their social prestige, and 
Articles and topics that harm the physical, spiritual and 
moral well-being of people, especially children and 
adolescents. 
 
End text. 
 
Media Reaction 
-------------- 
 
¶4.  (SBU) Dr. Hashem Esmatullahi, President of the National 
Journalists Union of Afghanistan which represents 7000 
journalists in 29 provinces, strongly supports the new law 
because it contains a number of reforms that will have a 
positive impact on Afghan media including allowing RTA to be 
independent of direct government control.  On the negative 
side it is possible that the Ministry of Information and 
Culture will exert control over RTA by use 
of the libel and morals provisions of Article 45 or by not 
respecting the implementation of the new law. 
 
¶5.  (SBU) Massoud Farivar, General Manager of Salam Watandar 
 
KABUL 00002478  002 OF 002 
 
 
Radio, characterized the law as a &step in the right 
direction8 and &generally sound.8  The law recognizes the 
importance of free media to a democratic society and takes 
away government control of RTA.  Some of the 
provisions of Article 45, however, are extremely dangerous 
and could effectively erase freedoms promised in the rest of 
the law.  Nader Naderi spokesperson for the Afghan 
Independent Human Rights Commission also expressed concern 
that the law did not contain a definition of what constitutes 
libel or materials that harm moral well-being, noting that 
even a song played on television could be found to be in 
violation of the morality clause of Article 45. 
 
¶6. (SBU) Sharif Hassanyar, News Coordinator for Tolo TV, 
praised the section of the law that allows for independence 
for RTA.  He noted, however, that last week the government 
fired the head of programming of RTA, Mir Ali Akbar, for 
producing programs alleging corruption by senior government 
officials.  It is not clear that the government will respect 
the independence of RTA whatever the new law says.  He also 
claimed that under Article 45, journalists and television 
stations will be prosecuted for saying anything 
critical of the government. 
 
¶7. (U) Comment: Public reaction to the new law has been 
subdued.  The silence likely represents fatigue from the 15 
month process of enacting the law, general satisfaction on 
the part of media, and a wait and see attitude regarding the 
implementation of the new law.  End Comment. 
WOOD