Violation of the Presumption of Innocence Principle in the 'News' Video: RRA

The Armenia Public Television and Radio Commission has issued a statement regarding a video broadcast on the 'News' program of the Public Television of Armenia's 'First Channel'.

“On January 29, 2023, a video titled 'The Investigative Committee Provides Details on the Charges against Hrayr Tovmasyan' was aired on the 'News' program, which triggered various comments and speculations and became the basis for accusations against the Television and Radio Commission.

The Commission, after reviewing the aforementioned video, finds it appropriate to present the following clarifications. The Commission reiterates that it is not competent to intervene in the content policy of public broadcasters, as well as other private broadcasters, and operates solely guided by the legislation regulating broadcasters and the rules adopted by the Commission.

The Commission shares the view of the Human Rights Defender that the presumption of innocence principle was violated in the video, a requirement that applies to everyone, including the media. However, it is necessary to note that in this case, the primary responsibility for the violation of the aforementioned principle lies with the Investigative Committee.

The violation of the presumption of innocence principle is not regulated by the Law on Television and Radio and does not provide for the imposition of fines or other sanctions. We wish to remind that the Commission has repeatedly drawn the attention of executive and legislative bodies and the public to the fact that such legislative gaps (which are legislatively regulated in many other countries) reduce the Commission's regulatory possibilities and limit the rights of citizens of the Republic of Armenia to receive objective, unbiased information devoid of hate speech and manipulations.

We would also like to point out that in democratic countries, such issues are resolved by self-regulatory bodies of journalism.

The Commission regrets to note that violations of the principles of the presumption of innocence, as well as the impartiality of information, diversity of opinions, and the right to respond, as well as journalistic conduct, are increasingly found in reports of several private television companies, yet these violations do not attract the attention of the public, political forces, and civil and journalistic organizations.

The Commission expresses its astonishment that the Council of Public Television and Radio refused to present its clarifications to the public regarding the aforementioned video. According to Article 31 of the Law on Television and Radio, the Council is responsible for the programming policy of public television and radio programs, adherence to the rules of professional conduct for journalists, and is obliged to investigate cases of violations of the professional conduct rules of journalists based on complaints or on its own initiative. Therefore, concerning publicly significant incidents (regardless of the validity of the allegations made), the Council is obligated to respond and engage in a constant dialogue with the public.

In relation to accusations directed at the Commission from certain individuals, including an advisor to the President of the Constitutional Court, the Commission states the following: The RRA is an independent public body established by the Constitution of the Republic of Armenia, and the advisor to the Constitutional Court should know that before publicly expressing that 'the Commission significantly neglects its duties,' it was necessary to compare the current work of the Commission with that of earlier times or clearly state the norms defined by law under which the Commission should hold the Public Television's 'First Channel' responsible.

Moreover, as a public servant, the advisor was required to observe the rules of conduct for public servants laid down by the Law on Public Service.

The Commission calls on all terrestrial broadcasters to adhere to internationally accepted standards and norms in journalism, not to exploit the shortcomings of current legislation, and not to use the media as a tool for narrow political and personal interests, to recognize social responsibility, and not to violate the citizens' right to receive accurate, comprehensive information,” the RRA's statement reads.