Why the National Anthem of Armenia Was Not Played on New Year's Eve: Clarification

On January 9, a meeting of the Television and Radio Commission was held, during which the issue of the National Anthem of Armenia not being broadcast by television and radio companies on New Year's Eve was discussed.

During the meeting, the Chairman of the Commission, Tigran Hakobyan, noted that the absence of the National Anthem during the New Year's Eve celebrations had sparked discussions across various media outlets and the internet for several days.

He indicated that monitoring conducted by the Commission’s Department of Programs and Supervision found that the National Anthem of Armenia was not played by eight television companies—"Armenia," "ArmenNews," "A-TV," "Yerkir Media," "Kentron," "New Armenia," "5th Channel," and "Shant"—an action that violated legal requirements.

According to the Law of the Republic of Armenia on the National Anthem (Article 4, Clause 1, Subclause g), the National Anthem must be broadcast by all television and radio stations operating within the territory of Armenia after the clock chimes in Republic Square, Yerevan, on New Year's Eve. Violations of this legal requirement could result in penalties as prescribed by law.

The meeting also discussed the penalties applicable under Article 60 of Chapter 8 of the Law on Television and Radio for violations; however, the law does not specify penalties for the failure to broadcast the National Anthem on New Year's Eve.

This leads to the conclusion that, while Article 9 of the Law on the National Anthem stipulates that breaching its provisions incurs liability, the specific enforcement mechanisms and which body is authorized to implement them remain unclear, indicating a legislative ambiguity.

After reviewing all relevant facts, the Commission acknowledged a violation of the Law on the National Anthem but noted that, under the laws regulating the television and radio sector, the Commission does not have the authority to impose penalties.

Taking these factors into account and guided by Articles 2, 36, and 44 of the Law on Television and Radio, as well as Article 34 of the Law on the Principles of Administrative Procedure, the Television and Radio Commission decided not to initiate administrative proceedings. However, they urged television and radio companies to comply with the stipulations as outlined in Article 4 of the Law on the National Anthem.