Media and Democracy in the Baltic Region
Sigita Titovaitė
Public Service Broadcasting
(Legal acts compared and analyzed, audience share in different
countries)
Introduction
There are a lot of discussions going on in post-communist countries concerning
the public service broadcasting. In post-communist countries the old state
broadcasters have survived as institutions. Their legal position has been changed.
They are today ‘public broadcasters’.They have to change many things in their
structure in order to fulfill the mission of PSB. Those things may be legal acts,
regulation, financing model and programming structure. They have to face the
competition with private broadcasters, to compete for audience share and still to
fulfill the requirements for public service broadcasting. In those circumstances
Lithuanian PSB has to find the best funding model to survive and to keep its
mission going on. The object of this research is to analyze what are some of the
other models of public service broadcasting system and how do they work. The
other important object is the model of PSB which is very often named as the
example for the other PSB.
The hypothesis: There isn’t a model of PSB which is good for every country.
Questions:
1. What are the requirements for having a good PSB?
2. What are the examples of PSB model in post-communist
countries and Europe?
3. Which of them has the best audience share?
Number of national TV channels
Public national
Private national
Lith
Est Neth
GB
1
3
1
2
2
3
3
7
There will be four PSB models presented in this project: Lithuanian and Estonian,
Dutch and British. First three of them have something in common: all of them in
some ways are moving towards the model of British PSB. Those models are
chosen to show the difference in their funding ways, legal acts and audience share,
meeting the requirements of the mission of PSB.
The conditions for PSB
PSB have to face those main problems :
Political
 Economical
Political and economical questions are raised by two concerns:
 Political independence from the government, measured with regard to the news and
current affairs output of the broadcaster;
 The pursuit of inclusive and diverse programming strategies aimed at doing
something more than reaching the largest possible audience at the lowest feasible
cost.
Political and economical aspects determines the model of PSB.
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The conditions for PSB
Political aspect.
The legal details are important, but they do not protect the PSB from political
pressure.
Government may have formal and informal controls for influencing broadcasters.
The rules can be so constituted that a publicly owned broadcaster is effectively
independent. But they can also be constituted so, that a privately owned
broadcaster is politicized. In this interpretation, the mode of ownership is not
important for a broadcaster discharging public-service functions.
The conditions for PSB
Economical aspect.
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In order to broadcast according to the public interest, the broadcasters
must be in a position to make programme decisions independent of
considerations of audience size and production costs.
The starting point for PSB is the needs of programming, rather than the
needs of profitability.
The success of PSB as a programming model in multi-channel
environment depends on two conditions:
The broadcaster is obliged by ether statute or regulatory body to pursue
the programming to constitute public service.
The sources of finance are so arranged as to allow the broadcaster to gain
sufficient revenue while pursuing ‘non-optimum’ programme strategy.
But the main problem concerning the possibility of PSB is still the
question of financial stability.
Types of PSB funding models
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License fee
Mixed - License fee and advertising revenues
License fee, advertising revenues and public funding
Public funding and advertising revenues
State subsidies and advertising revenues
Funding models in Lithuania, Estonia, Netherlands,
Great Britain.
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Lithuanian PSB is financed from the state budget, license fee and advertising.
Estonian PSB abandons spot advertising, teleshopping and sponsorship from July
1, 2002. The broadcasting licenses of two national private channels are taxed (30
million EEK per year) and the revenues are directed via state budget for further
financing the ETV.
Dutch PSB is financed by an annual license fee payable by all owners of radio
and/or television sets, the member fees of the associations and (since 1967 for
television and 1968 for radio) advertising.
British PSB raises revenue from a universal licensing system.
Lithuanian National Broadcasters
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Public broadcasting
The Lithuanian Radio and Television Company (LRTV) is a national broadcaster.
Management of LRTV is accountable to the parliament via the board selected by public
organizations and state institutions.
LRTV runs one television station and three radio stations.
Private broadcasting
Three out of four national TV networks are operated by the private commercial TV stations
TV3, LNK and TV 4 to distribute their programmes.
TV 3 was the first independent television station to start nationwide terrestrial broadcasting
in 1991. It took over a television channel used during soviet times by Russian TV. This
station is owned by Scandinavian MTG company. TV 3's main source of income is
advertising.
The second TV station broadcasting nationwide is LNK. This private company's main stock
is owned by another Scandinavian media company Marieberg.
The third TV station, TV 4 is owned by Poland (Polsat).This station gets its income only
from advertising and the investments of its owners.
Estonian national broadcasters
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Public broadcasting
ETV is the only public channel in Estonia. The activity of the public service radio
and TV is regulated by the Broadcasting Council, a parliament-appointed
supervisory body.
Private broadcasting
The first licenses for private broadcasters were issued in 1992. The first private
radio station went on the air in 1990.
Today Estonia has 3 national channels: public channel ETV, private channels
Kanal 2 and TV3.
The commercial TV channels are owned by foreigners (Norway’s Schibsted has a
stake in Kanal 2 and Sweden’s Kinnevik in TV3).
Dutch National Broadcasters
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Public broadcasting
There are 3 public TV channels. The main government body to control the public system and
advise on its shape and form is the Commission for the Media (Commissariaat voor de
Media).
Programmes are either produced by the associations themselves or by independent
production companies that work for the commercial stations as well. Major production
companies are Endemol, Dits TV and IDTV. Television programming should include fixed
percentages of certain types of programming, for instance cultural programmes or
domestically produced programmes; every radio channel has its fixed format with e.g. fixed
percentages of music and spoken word.
The Dutch broadcasting system is one of the few lively remnants of pillarisation.
Broadcasting associations for each pillar were founded in the twenties, with a neutral
national broadcasting company in a supervisory role (and after a given period with
programmes of its own). The size of the associations in numbers of paying members
determined the allocation of airtime, first with radio (by law in 1930) and later with
television. All the early associations such as VARA, AVRO, NCRV, VPRO and KRO still
exist.
Private broadcasting
There are seven Dutch language commercial broadcasting companies broadcasting
nationwide (RTL 4 and 5, Net5, Veronica, SBS6 and Fox8 with regular programming and the
music channel TMF)
Dutch media law prohibited commercial stations based in the Netherlands until the new
Media law of 1988. RTL aired the first Dutch commercial television broadcast a year later.
British National broadcasters
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Public broadcasting
The largest UK broadcaster is the BBC which runs two national television channels (with
national and regional sub-divisions), five national radio stations, cable and digital TV
channels, and more than 40 local radio stations. The Corporation has global enterprises in
both television and radio, as well as a broadcast monitoring service, and Europe's most
visited content web site. Although predominantly a public service organization, which raises
revenue from a universal licensing system, the BBC also operates commercially in many
domains both inside and outside the UK.
Private broadcasting
Independent Television ITV (the Channel 3 companies) – 15 regionally based franchisees
provide both local and national (network) services. In addition, GMTV operates a breakfast
network service. The entire Channel 3 service is largely dominated by two companies,
Carlton and Granada. They own or control 12 of the ITV franchises.
Channel 4 is a hybrid public service, minority interest service which also raises revenue
through advertising sales. (There is a separate fourth channel in Wales, Sianel Pedwar
Cymru [S4C], which is funded partly by advertising and partly by the State, and carries
peak-time Welsh language programming.)
A fifth terrestrial channel began broadcasting in April 1997. Channel 5 is a commercial
operation carrying advertising.
Lithuania – Legal acts and Accountability
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Freedom of expression and the right to obtain or disseminate information or ideas in Lithuania is
guaranteed by the Constitution. Article 44 prohibits censorship: "Censorship of the mass media shall be
prohibited by law". Constitutions also contains provisions preventing mass media monopolization by
institutions or individuals.
Till 1995, all of Lithuania’s media have to be registered by the Department of Press Control under the
Ministry of Justice. The department supervises private broadcasters.
Frequencies are allocated by the Commission of Telecommunications operating under the Ministry of
Communications and Information for a period of five years. Until 1995, private companies had to apply to
the Board of Radio and Television for licenses to use a frequency. The Board of Radio and Television took
over the process of regulating the broadcasters. In 1995 the board lost its power to license private
broadcasters after a Constitutional Court ruling.
On 8 October 1996, the Lithuanian Parliament adopted a law on Lithuanian radio and television. The
Lithuanian national radio and television is subordinated to the Lithuanian people via the Lithuanian
National Radio and Television Council.
Besides the Constitution, the mass media in Lithuania, is regulated by the Mass Media Law and the Mass
Media Implementation Law adopted by the Parliament in July 15, 1996. The law regulates both print and
electronic media sector. The law on Providing Information to the Public included two important articles:
1. Journalists have to observe the provisions of the code of ethics.
2. The office of the Inspector of Journalistic Ethics is to be set up.
Some other aspects of mass media operations are regulated by civic and penal codes, statute of Lithuanian
TV and radio company, laws on tobacco and state secrets, law on advertising, law on copyright and
related rights.
The main landmark in the development of Lithuanian journalism was the adoption of the Code of Ethics
in 1996. Mass media Codes of Ethics help to protect society from the unethical behavior of the mass
media. They also of help mass media workers to resist the pressure of one’s conscience. Codes of ethics
give context to the discussion of the responsibilities and duties of journalists.
Estonia – Legal acts and Accountability
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Broadcasting is governed by the Broadcasting Law, passed in 1994. The law provides for the allocation of
licenses for private broadcasters as well as setting the foundations of the public service TV and radio.
In 1997, the Ministry of Culture started drafting a set of new laws for the electronic media, one for the
broadcasting sector in general, the other for the public service stations.
In 1999 the Cable Law was passed.
As a step towards incorporating European legislation, Estonia signed the European Convention on
Transfrontier Television in February 1999. The Convention’s principles have been included in the draft of
a new broadcasting law in Estonia.
Cases regarding libel are covered by civil and criminal codes. In libel, the burden of proof rests with the
media. The media in Estonia is also affected by the Copyright Law (1992), Competition Law, Language
Law, Advertising Law (1997) and State Secrets Law, Telecommunication Law (2000), Law on Public
Information (2001).
Under the 1994 Broadcasting Law, the activity of the public service radio and TV is regulated by the
Broadcasting Council, a parliament-appointed supervisory body.
Licenses for private broadcasters are issued by the Ministry of Culture.
In December 1997, the Estonian Newspaper Association passed a Code of Press Ethics, the first of its
kind in post-independence Estonia. Other media organizations joined in by approving it, and as of 1998,
the Code serves as a foundation for the Press Council, a voluntary non-statutory self-regulatory body set
up to handle complaints about the press. It has seven members: the Newspaper Association, the
Broadcasting Association, Estonian Radio, Estonian TV, the Media Educators Association, the Journalists
Union, and the Consumer Protection Association.
Netherlands – Legal acts and Accountability
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In 1980 the media policy wanted to keep the commercial stations out in favor of the traditional public system, but situation
was changed in late eighties.
In 1993 the Media Law was passed. Licenses for public associations from then on were issued for a period of 10 years at a
time.
Cultural programming and information for minorities are the task of National Programme Foundation (Nationale
Programma Stichting, NPS).
National broadcast organization NOS is responsible for public television news, sports and major events and for the overall
co-ordination of the public channels.
Each public channel assigned its own co-ordination channel manager.
The Ministry of Culture is responsible for budget, licensing and appointing e.g. the channel managers, thus leaving more
room for the associations for self-regulation.
The Commission for the Media is the controlling office.
Exceptions on the freedom of the press are therefore only made if the author violates the Constitution (e.g. by
discriminating against race or gender) or public law. The latter deals with slander, libel and insults.
Complaints against journalists or news media can be brought before the independent Journalism Council.
The public broadcasting system is under the jurisdiction of the Ministry of Culture. The minister has formal power to
prohibit programmes or parts of them.
Advertising Code Commission deals with complaints on advertising. They also monitor the sponsoring of programmes and
possible improper use of advertising within programmes.
Great Britain – Legal acts and Accountability
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The Broadcasting Standards Commission has responsibility for regulating the portrayal of
violence and sexual conduct, and issues of taste and decency in all television, as well as
handling complaints of invasions of privacy and unfair treatment.
The Independent Television Commission (ITC) regulates commercial television, and the
Radio Authority commercial radio. All three statutory bodies have codes of practice and
publish their findings on complaints.
BBC is ultimately responsible to parliament through its 12 publicly appointed governors.
Many of its plans have to be approved by Government Ministers. Vacancies for governors
were advertised for the first time in 1998.
There are also national Broadcasting Councils in Wales, Scotland and Northern Ireland.
The BBC's Producer Guidelines act like a code of practice and the Corporation has a
Programme Complaints Unit available to the general public.
For the most part, the UK media are regulated more by general law. In total, it is estimated,
more than 140 pieces of legislation have specific relevance to the media, and litigation
remains a favoured method (at least among those who can afford it) of bringing the media to
account. Other forms of accountability have less effect.
The main journalists' trade union, the National Union of Journalists (NUJ), has had a code of
conduct since 1936, but its Ethics Council is largely moribund.
The mission of PSB (The Council of Europe)
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A common reference point for all members of the public and a factor for social
cohesion and integration of all individuals, groups and communities;
A forum for public discussions on a broad spectrum of views;
Impartial and independent news coverage;
Pluralistic, innovative and varied programming which meets high ethical and
quality standards;
Programming which is both of wide public interest and attentive to the needs of
minorities;
Reflection of the different philosophical ideas and religious beliefs in
multicultural societies;
Greater appreciation and dissemination of the diversity of national and European
cultural heritage original productions by independent producers;
Extended viewer choice by offering programs which are not provided by the
commercial sector
Genre Repartition Based on Top 10 Programs in
Lithuania, 2000
Content
LRT
News
Current Affairs & Debate
Info & Culture
Music & Entertainment
Drama & Fiction
Sports
Other
Baltic Media Book, 2001
LNK
TV3
Baltijos TV
10%
20%
0%
30%
0%
40%
0%
0%
10%
0%
40%
30%
10%
10%
0%
10%
0%
10%
40%
40%
0%
0%
10%
0%
10%
50%
30%
0%
Genre Repartition Based on Top 20 Programs in
Estonia, 2000
Content
ETV
News
Current Affairs & Debate
Info & Culture
Music & Entertainment
Drama & Fiction
Sports
Other
Baltic Media Book, 2001
Kanal2 TV3
TV1
10%
15%
0%
45%
5%
25%
0%
5%
0%
0%
20%
40%
35%
0%
5%
0%
0%
10%
15%
0%
0%
0%
0%
0%
20%
80%
0%
0%
TV Programming by Content in Lithuania, 2000
Content
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News
Current Affairs
and Debate
Info and Culture
Music and Entertainment
Drama and Fiction
Sports
Advertising
Other
Total programming
hours
Baltic Media Book, 2001
LRT
LNK
TV3
BaltijosTV
9%
3%
3%
6%
2%
2%
8%
51%
3%
13%
8%
1%
1%
1%
59%
7%
16%
7%
4%
15%
7%
13%
10%
15%
0%
3%
9%
4022
6176
6563
6435
27%
13%
12%
64%
6%
TV Programming by Content in Estonia, 2000
Content
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News
Current Affairs
and Debate
Info and Culture
Music and Entertainment
Drama and Fiction
Sports
Advertising
Other
Total programming
hours
Baltic Media Book, 2001
ETV
Kanal2 TV3
TV1
9%
9%
3%
20%
1%
3%
48%
5%
3%
3%
10%
2%
4%
37%
14%
1%
17%
6%
4%
16%
9%
1%
82%
6%
1%
9%
0%
4849
5302
6567
7171
18%
25%
8%
12%
16%
The content of BBC1-BBC2 programming for 20022003
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News
Current affairs 80 h.
Drama
Comedy
Entertainment
Arts and music
Factual
Learning
Sport
Religion
Events
Children’s –
BBC1
BBC2
570 h.
100 h.
230 h.
200 h.
500 h.
430 h.
80-120 h.
20 h.
400 h.
100 h.
Shares of Lithuanian TV channels in
September 2002
LTV
13,0%
Local and
Cable TV
19.6%
TV4
10.9%
ORT-TEM
5.1%
Other TV
4.4%
TV3
22,0%
LNK
24.9%
Source: Sic Gallup Media, TV Meters survey; Sample size 830; General population - 3545000
30.0
Audience share (%) of Estonian TV channels
2001-2002
Olympic games
Football World Cup
20.0
10.0
“Hole” of July
“Hole” of July
0.0
2001
2002
Ja Fe Ma Ap Ma Ju Jl Au Se Oc No De Ja Fe Ma Ap Ma Ju Jl Au Se Oc
TV3
ETV
Kanal 2
TV1
Audience Share (%) of British TV Channels in
December 2001
Audience share
45,0
40,0
35,0
30,0
25,0
20,0
15,0
10,0
5,0
0,0
BBC
1(incl.Brkfast
News)
BBC2
TOTAL
BBC1/2
ITV (incl.
GMTV)
CHANNEL
4/S4C
CHANNEL 5
TOTAL/ANY
COMM.
TERR. TV
Audience Share (%) of British TV Channels
2000-2001
35,00%
30,00%
25,00%
20,00%
15,00%
10,00%
5,00%
0,00%
BBC1
BBC2
ITV
Chanel4
Chanel5
Lithuania – TV Viewers Time Spent
Average Hours Per Day, 2002
4
3,57
3,47
3,5
3,36
3,17
3
2,51
2,52
May
June
2,5
2
1,5
1
0,5
0
January
February
March
April
Estonia – TV Viewers Time Spent
Average Hours Per Week; Main season September-May
31:12:00
30:46
30:14
Non-Estonians
29:47
30:00:00
28:48:00
28:46
28:37
28:19
28:43
27:18
25:57
Average
25:12:00
24:00:00
29:08
27:53
27:36:00
26:24:00
31:45
31:54
32:24:00
23:29
26:35
27:00
27:37
25:19
Estonians
22:48:00
1995-96
Source: BMF Gallup Media
1996-97
1997-98
1998-99
1999-00
2000-01
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Britain – TV Viewers Time Spent
Average Hours Per Day, December 2001
30,00
25,00
20,00
15,00
10,00
5,00
0,00
Conclusions
1.The model of PSB should be chosen according to political and economical situation in the
country, which is different in every case. Nether of presented countries should copy the
exact model of the other country.It is important to look for specific features of the country
which may influence the chosen model of PSB. Those aspects may be too different in the
other country to adapt the successful model.
2.The funding model, legal acts and accountability influence the content of programming which
is related to the mission of PSB. The example of fulfilling the mission of PSB in
programming, may be BBC.This model raises the problem of other aspect, which may be
not accepted in other countries. The problem is the question of fear competition with other
channels.
3.The example of BBC proves that PSB may have the biggest audience share. This refers to the
statement that the programming content which is coincident with the mission of PSB, may
cause the big audience share.
4.The successful public service broadcasting model should: 1) meet the mission of PSB 2)
choose the funding model according to political and economical aspects in the country 3) the
programming shouldn’t depend on audience share, funding model or accountability.
References
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
2001 Baltic Media Book;
Vihalemm, Peeter (2002, Ed.). Baltic Media in Transition. Tartu: Tartu
University Press
Sparks, Colin with Reading, Anna (1998). Communism, Capitalism and the
Mass Media. London: Sage Publications.
Splichal, Slavko (1994). Media Beyond Socialism: Theory and Practice in EastCentral Europe. Boulder: Westview Press
www.barb.co.uk
www.bbc.co.uk
www.bsc.org.uk
www.ejc.nl
www.etv.ee
www.sgm.lt