Thursday, September 10 2020 16:51

ArmInfo.The Office of the Ombudsman of Armenia has published an extraordinary report on the requirement to wear a mask during broadcasts in pavilions in the  conditions of the pandemic of the new coronavirus (COVID-19).  

Thus, in the message received from the Office of the Human Rights Defender,  it is noted that this report is in no way intended to assess the  effectiveness of wearing masks.  At the same time, it is emphasized  that the basis for the study of this issue was the complaints  received from a number of media representatives, who were subjected  to administrative punishment by the RA police for the lack of masks  during the broadcasts.

"The study of the regulations regarding wearing a mask during the  broadcast allows the Human Rights Defender to conclude that, from the  point of view of legislative technique, complex or insufficiently  defined formulations were created that could or have caused  uncertainty in the professional journalistic community," the  Ombudsman's report says. This emphasizes that the obligation of the  state to ensure the protection of the activities of a journalist  takes on a special character in difficult situations such as  emergencies, epidemics, states of emergency, etc.

"The fact is that in such situations, the imposition of large-scale  restrictions on a person and a high degree of interference in his  rights does not mean that the state receives advantages or privileges  over the person.  On the contrary, the state thereby increases its  legal burden, the degree of responsibility to the person and the  level of diligence ", the Ombudsman's report emphasizes.  At the same  time, the document of the Human Rights Defender draws the following  conclusions:

"Firstly, there are no special rules in the country regarding the  professional activities of journalists (general organization of work,  as well as ensuring individual requirements in journalistic work). In  other words, in the conditions of the current regulations in the  country, those who are engaged in media activities or a journalist  should be guided only by general codes, and not by the rules  established specifically for them.  This applies to both the  requirements for wearing a mask and other rules that do not take into  account the peculiarities of the professional activities of  journalists. All this, in turn, deprives people and organizations  involved in journalistic work of predictability, creates a state of  uncertainty and does not allow getting a clear picture of the legal  consequences of their behavior.

Secondly, the analysis shows that no state body provided the  necessary measures to raise awareness of journalists about their  professional activities, while there was a need for clarification,  especially given that there are no specific rules in a pandemic and  there are no legal guidelines for work.

Thirdly, this situation is unacceptable in the sense that government  agencies and officials (police, inspectorate, etc.) who are  responsible for ensuring that the requirements established to combat  the epidemic are properly met or monitored are in an uncertain  situation. In particular, monitoring shows that it was unclear to  them how to apply this or that rule, for example, in the work of  journalists, and the lack of legal specificity and clarity is  dangerous in the sense that it can call into question the competence  of a state body or an official in general.

Fourthly, the Ombudsman considers it inadmissible to consider the  activities of persons engaged in media or journalistic activities  from a purely economic point of view, without taking into account the  specifics and social significance of this work. This is unacceptable  given the content of journalistic activity and its organizational  characteristics. To note, on this basis, ArmNews and Channel 5 TV  companies were fined. "

At the same time, the report of the Ombudsman's office notes that the  study of international experience indicates that attempts are being  made to establish general rules for journalistic activities in a  pandemic.  And in view of the specifics of this activity in different  countries, guidelines have been developed for the operation of  television or other media organizations in the conditions of  COVID-19, and according to almost all guidelines, the obligation to  wear personal protective equipment, including masks, is provided only  when it is impossible to maintain physical (social) distance from  other people in the workplace.

It is also noted that the wording that "the announcer may not wear a  mask during the broadcast if one is in the pavilion alone is a little  incomprehensible, since one in front of the audience is not  concretized, or even one on the site, since he may be alone on the  air, but during this time technical staff can work on the site. "  "Given that there is a Commission on Television and Radio in the  country, it is unacceptable that the Commission does not have the  necessary powers to ensure compliance with the restrictions imposed  by the new coronavirus, since it is it that specializes in regulating  the activities of the media field. The Commission should have  additional professional skills, but its possible absence may be due  to the fact that it does not have the necessary powers.

The Commission should have the power to establish specific rules or  criteria in the event of a pandemic emergency and after a state of  emergency that will relate to the organization and conduct of  journalistic activities. The Commission itself should be empowered to  monitor compliance with these rules and, if necessary, adopt  sanctions. This also applies to issues related to the requirement to  wear a mask on television and the application of sanctions in this  regard. This position was expressed by the Chairman of the Commission  during the conversation with the Human Rights Defender.  Based on  this, it is unacceptable in the presence of a body endowed with a  special status (enshrined at the constitutional level), the exercise  of such powers by any other body, especially the police, "the  Ombudsman's office says.  The full text of the report can be found at  the following link:   https://ombuds.am/images/files/ef9235b0e3470edd2088be0d83c8d2b7.pdf.