VZCZCXRO6808
PP RUEHDBU RUEHPW
DE RUEHBUL #1372 1511152
ZNR UUUUU ZZH
P 311152Z MAY 09
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC PRIORITY 9165
INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY
RUEHBU/AMEMBASSY BUENOS AIRES PRIORITY 0078

UNCLAS KABUL 001372 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV KDEM PHUM AF
SUBJECT: MEDIA LAW: IMPORTANT STEP BUT NO PANACEA 
 
REF: A. KABUL 1099 
     ¶B. KABUL 1043 
 
¶1. (SBU) The Embassy has urged President Karzai to publish 
the Media Law as soon as possible in order to advance Afghan 
media's freedoms (reftels).  Karzai has told officials at the 
Ministry of Justice and Office of Administrative Affairs 
(OAA) to hold off on publication until he consults Supreme 
Court Justice Azimi on details associated with printing a law 
that has had one article ruled unconstitutional by the 
Supreme Court.  An OAA contact said Karzai had yet to 
schedule a meeting with Azimi as of May 31.  Working-level 
officials, rather than the president and chief justice, 
strike us as better suited to handle questions such as how to 
renumber the law's articles that followed the 
unconstitutional provision in the text of the law.  Given 
Karzai's stated commitment to publish the law, we believe he 
should do so promptly. 
 
¶2. (SBU)  Publication of the Media Law in the official 
gazette would be a positive step forward and an important 
symbolic victory for journalists.  The law, however, is not a 
panacea for the serious threats to media freedom that exist 
in Afghanistan, nor is it likely to promote greater 
transparency in the upcoming elections.  The international 
community, journalists, and Afghan elite will applaud its 
publication.  Average Afghans, who are generally uninformed 
on the issue, are unlikely to perceive a benefit. 
 
¶3. (SBU) The Media Law commits the government to "support, 
strengthen, and guarantee" freedom of the media.  It calls 
for legal protection to journalists and allows them to 
establish unions and support networks.  Despite some 
potentially subjective articles prohibiting media "contrary 
to Islam" or "promoting religions other than Islam", the law 
reinforces Afghanistan's current laws and presidential 
decrees governing media affairs.  However, even without the 
Media Law's publication, journalist unions already exist, and 
local media regularly print anti-government opinions. The law 
does not offer specific solutions to the issue of harassment 
of and violence against journalists, either by insurgents or 
government entities.  Moreover, the current version of the 
law does not contain any provisions that would enforce 
greater impartiality in state-run media or realistically 
affect election coverage. 
 
¶4. (SBU) In March 2009, the Supreme Court ruled as 
unconstitutional a provision requiring the presidentially 
appointed director of Radio and Television Afghanistan (RTA) 
to win Lower House confirmation.  Parliament had sought to 
balance what many MPs viewed as unequal executive control 
over RTA.  However, we believe that had the court not tossed 
out this requirement, Karzai would still have exercised 
unitary control over the RTA director position.  In several 
previous instances where the Lower House has rejected a 
Karzai nominee to an executive position, Karzai has kept the 
nominee in office as an "acting" director or minister.  We 
expect this scenario would have played out with any 
controversial nominee rejected by the Lower House ahead of 
the election. 
 
¶5. (SBU) The Media Law merits immediate publication in the 
official gazette, if only to reinforce already-existing media 
protections and to put an end to a long-running 
Karzai-Parliament dispute that has contributed to poor 
relations between the two branches of government.  The 
symbolic victory of its publication would serve to encourage 
and perhaps energize journalists.  However, the law will play 
at best a small role in the upcoming presidential and 
provincial council election campaign. 
EIKENBERRY