December, 2010 | SLEEPING WITH PENGOVSKY

Referendum on RTV Slovenia, Part Two: A Few Good Men

Today, more on Sunday’s referendum on RTV Slovenia (for Part One, click here). So, what does the new law change? For that pengovsky will turn to Finance daily who produced a rather nice infographic the other day (free registration)

Shows on horticulture are also a part of RTVSLO programming (source)

Under the new law RTVSLO would no longer be a public institute but rather a full-blooded public legal person which will perform both a public and for-market services. The law will also exempt the entire 2000-strong force of RTVSLO employees from the law on wages in public sector (which made them sort of state employees under the existing law) and would institute a 17-member Programming board (now 29 members), a 7-member Supervisory Board (now 11 members) and a 5-man management (now a single person, the Director General). The infamous RTVSLO levy, now at 12 EUR/monthly would increase with regard to inflation (a change in law is needed for increase now), whereas RTVSLO would by law own all assets under its management (now the state owns everything, while RTVSLO manages it).

So much for the basic contours. Given how powers are divided between Programming and Supervisory Boards and management, their composition is not entirely unimportant. The management is obviously central to everyday operations of RTVSLO. Under existing law the one-man management was appointed by the Programming Board (with 21 out of 29 members being politically appointed by the parliament), whereas the Supervisory Board (9 out of 11 political appointees) has no real say other than confirming Director General’s yearly reports. Should the new law be confirmed, the new Director General will be nominated by the Supervisory Board (with 4 out of 7 members being politically appointed by the parliament, with one of those being appointed by the opposition), the nomination will be voted on by the Programming Board (with 5 to 7 political appointees out of 17). After being confirmed, the new Director General will pick remaining four members of his team, pending confirmation by the Programming Board.

Political pressure

Obviously, the main question is, how much political pressure will be exerted (mostly) over editors and journalists at RTVSLO. But this is the wrong question. It is not about how much pressure is exerted, but rather how much pressure can be exerted. Power has a finite quantity and the more you use it the less you have it. Therefore nothing works better than the threat of political influence. It keeps journalists and editors guessing and breeds self-censorship on one hand and promotes journalists who actively support the ruling political powers (regardless of whether they’re left or right) on the other. The existing law put in place just such a system of fear. Vast majority of board members are political appointees, chosen in 2007 by then ruling coalition of right wing parties. They in turn appoint the director general who in turn nominates editors and heads of radio and television branches to be confirmed by the politically heavy board. There is no part of this process where politics doesn’t have an explicit and overwhelming say in it.

On the other hand, under the new law the only part of this human-resource tango where politics would have any meaningful say in it is the part where Supervisory Board nominates the new Director General. And even then at least one member politically appointed quartet of Board members (out of altogether seven members) is appointed by the opposition, specifically, by the opposition-controlled parliamentary committee for oversight of public finances. After that politics is all but removed from the process as the Programming board only has five political appointees out of total 17 members and all other appointments are handled by the Programming Board as well. Even more, as far as editorial appointments are concerned, the management must seek approval of at least half of journalists in any given desk. If approval is not won, the management calls upon the Programming board to take over the editorial nomination at which time journalists of the desk in question may nominate their own candidate.

Therefore, one can say without a doubt, that under the new law the threat of political interference is greatly reduced. This of course does not mean that there will not be attempts or even cases of pressure being brought to bear, but that is nothing compared with the direct line of fire of political pressure that was established with the existing law.

Money, content and ratings

In 2009 RTVSLO had some 118 million euro of revenue, 83,5 million of which was due to 12 EUR/month RTVSLO levy imposed on every household in the country. With a total profit in Y09 amounting to a staggering 53,000 euro (yes, 53k€) it can be said that the institute’s finances have been at least somewhat stabilised, despite the fact that a little birdie tells pengovsky a second look at RTVSLO’s books might turn up funny shit. But be that as it may, the main question (as noted yesterday) is what do those 118 million buy us?

That of course depends on where you stand. In pengovsky’s opinion RTVSLO programming has gone from bad to worse with licensed and/or badly produced programming filling the prime time and being heavily marketed to the point where news programming looks out of place. It should, of course, be exactly the other way around. Or, better yet, it should all be packaged into a more-or-less seamless product of quality television and not just a couple of relatively OK shows serving as intermission between two pieces of televised crap. As it things stand now it appears as if every one has his or her slot – or, rather, plot – where they do what ever the fuck they please, without any regard for overall output. The end result is, of course, sub-par, even in terms of Slovene television, let alone internationally. Yes, I’m looking at you, POP TV…

There are those, however, who feel that polka-laden TV shows in Friday primetime are a nifty idea. That a Dancing-With-The-Stars-lookalike is just the thing for Tuesday night and that a political version of Jerry Springer show is the highpoint of investigative journalism. And just to reiterate this last point: Pogledi Slovenije (Slovenian Views), hosted by Uroš Slak, ran on POPTV for almost eight years where it was cancelled amid what was apparently a clash between falling ratings and demads for salary increase. But hey, if it’s discarded by POPTV it surely is good enough for RTVSLO. Shouldn’t it be the other way around?

Yes, ratings. Obviously, they matter. But public service is more than just ratings. It’s about ensuring various social groups have access to mass electronic media and are able to a) inform the general public of their views and activities and b) maintain cohesion and a sense of identity among their members. It’s also about making sure the public is informed in all matters concerning it. In short, it is about being a public service. A public radio and television.

Minorities

Speaking of social groups, one of the more debated provisions of the new law is the duty of RTVSLO to produce programming for all minorities in Slovenia. While Italian and Hungarian minorities enjoy special protection in accordance with the Constitution (Italian minority even has it’s own radio-television sub-unit), other minorities were only scarcely represented in regular programming. The new law specifically points minorities from former Yugoslav republics and this sparked a few quite ugly reactions along the lines of “why should they live off our RTV levy”, case in point being a blogpost by Marko Pigac (Slovene only) who in the comments to his post even goes as far as “in Slovenia only Slovene is spoken”. Pigac is not nearly the only one who has the problem with care for minorities, it is only the most outrageous example of the above I came across.

In pengovsky’s opinion this provision is a good one. Just as ethnic Slovenes, people from former Yugoslav republics pay RTV levy as well. So in pure economic terms they are entitled to “their slot” as well. But it goes beyond that. It is about RTVSLO being inclusive rather than exclusive. It is about being of the citizens rather than of the decision makers. It is about being public rather than state.

Will the new law make RTVSLO better?

No. And neither will it eliminate world hunger, end all wars and reconcile this nation. Laws don’t do that. What the law will do is provide grounds for RTVSLO to pull itself together. For this to happen, limiting influence of politics is a precondition. The law does that. Drastically reducing the number of politically appointed members of the Programming Board and enabling the political opposition to appoint a member of the Supervisory Board (limiting the coalition to three out of seven board members) is a huge step in the right direction. Hopefully in time political appointments will be abolished altogether.

Having said that, there are provisions which all but demand extremely responsible people to head RTVSLO. One such provision is the power of RTVSLO to form joint venture subsidiaries in such a form that the institution holds a majority stake. The law allows this for purposes of performing for-market services (article 17) and requires any such move be confirmed by both Programming and Supervisory boards.

This does allow RTVSLO to draw upon private resources and expertise, especially in cases where highly specialised knowledge is needed or for purposes of time-limited projects without additionally tasking resources and people engaged in public services. It also enables a clean division between for-public and for-market activities of RTVSLO. What it needs, however, is plenty of oversight.

The law provides mechanisms for it, but – as with programming – it will take a few good, responsible and highly professional men (and women) to make that happen. And that too can be achieved first and foremost by taking politics out of the equation as much as possible.

Tomorrow: third and final part 🙂

Referendum on RTV Slovenia, Part One: More Cowbell!

Slovenia is to hold yet another referendum this Sunday, this time on the recently passed law on national radio-television, RTV Slovenia. While not critical to the government of Borut Pahor (although it came with a price), the result will nevertheless be interpreted as an important benchmark for PM and his team and Sunday’s vote should therefore not be underestimated. But seriously, what is it all about? In short, it’s about turning state radio and television into public radio and television once again.

Boy with a flute, the mascot of RTVSLO by sculptor Zdenko Kalin (source)

The current law on RTVSLO (one the new law seeks to replace) was crafted in 2005 by then newly minted government of Janez Janša, passed by Janša’s coalition in the parliament and then confirmed by a very narrow margin on a referendum called by the freshly dethroned LDS, then still led by Tone Rop. The law was widely seen as a blatant attempt to subjugate the biggest and most influential public media in the country, mostly by changing the organisation and composition of Programming and Supervisory boards, making them more, shall we say, government friendly by increasing the number of seats in both bodies (thus making them ineffective in the long term) and increasing the number of government-appointed members: 21 out of 29 and 9 out of 11 for Programming and Supervisory boards respectively. In addition wages of all workers at RTVSLO including journalists were now subject to the Law on wages of civil servants, making their connection to the state even stronger. They were now in fact employees of the state, overseen by state-controlled boards.

The law was drafted almost single-handedly and vigorously defended by a prominent member of Janez Janša’s SDS Branko Grims, who later concocted an overhaul of the media legislation earning him the designation of Goebbels wannabe. But in all honesty, not everything about the law was inherently bad. One thing the law did achieve was to somewhat stabilise RTVSLO’s finances by introducing a special levy, a solution which has proven effective although highly unpopular (as levies tend to be) and object of many a mockery, mostly along the lines of “this is what I get for my 12 euro?”

So what did Slovenes get for their 12 euro per month? Well, not much. In fact, there’s a general consensus that RTVSLO programming has gone from bad to worse. Not only was political influence plentiful, now it was also government sanctioned. Not only was there less and less interesting content, ratings were being chased by actively mimicking programming approaches of privately-owned POP TV (which is anything but a public service). Thus RTVSLO willingly abandoned its role of a standard bearer in terms of keeping overall professionalism and quality content at acceptable levels. Add to that the constant tug-of-war between urban and rural Slovenia (more cowbell!) and you have one big money-guzzling clusterfuck which has just gone digital.

While Radio Slovenia – the “R” in “RTVSLO” – somehow managed to keep producing quality content and evade serious raids on its autonomy, this can not be said for TV which has provided us with some memorable epic fails, pengovsky’s favourite still being The Bomb in Studio/Big Bad Ultra double bill which was probably one of the lowest points RTVSLO hit since independence, courtesy of semi-competent journalists on a mission and a drive for ratings at all costs.

Shoddy programming was backed by shoddy management and in the end RTVSLO ended up paying shit-load of monies for various projects which either never saw the light of day or burnt cash faster than a Concorde with an engine on fire, adding precious little to either specific or overall ratings. It was as if accordion-based content was the only game in town…. Errr… In the village, that is. Because shows which included a lot of polka, dancing and accordion were a huge hit. Well, I guess almost anything you air during Friday primetime is bound to become a hit. In this case it was the accordion. There you go.

At any rate. The referendum is now on. And the latest polls suggest that a) the turnout will barely reach 20 percent and b) those who intend to vote are split almost down the middle, with those opposing the law holding the tiniest of edges. This will probably go down to the wire (again) especially since there is a lot riding on this vote politically. Which is why it is even more curious that the coalition has until now made only token efforts in promoting the “yes” vote and the opposition did similarly little in promoting the “no” vote.

WikiLeaks Slovenia: Someone Never Learned To Read

Horror! Shame! Ignominy!… no, seriously, it’s that funny..

“‘What can Slovenia do to secure a meeting between Prime Minister Pahor and President Obama”‘ asked foreign minister Samuel Žbogar, exposes WikiLeaks
Slovenia is again a topic in the exposed secret US diplomatic documents and again the issue is the desire of Slovene PM Borut Pahor to meet US President Barack Obama
According to German Spiegel, foreign minister Samuel Žbogar was inquiring with US representatives as to what conditions must be met to make such a meeting hapen.”

Hillary: “Eeer, Samuel? You remeber those meetings? There’s something you should know…” (source)

This, more or less is the lead of today’s article on RTVSLO (state radio and television) website. This comes only a day after PM Borut Pahor called a press conference and denied allegations of horse-trading with the Americans, basically saying that a) yes, he’d like to meed Obama, b) would be glad to take in a Gitmo detainee regardless and c) he never linked anything to anything else, regardless of what the cable says and when (somewhat predictably, since it’s their document which is causing all this embarrassment) the new US Ambassador to Slovenia Joseph Mussomeli issued a written statement saying basically the same thing, adding that PM Pahor is an honest and honourable man. Someone’s lying.

Or, better yet, someone can’t really read. My money’s on the latter. The infamous Spiegel article has been around for at least 72 hours. Pengovsky was first alerted to it by alcessa. I linked to it again yesterday. It was then linked to again by Žiga Turk (a prominent member of opposition SDS). In short, this shit is old by internet standards.

Even more important, this is part of the same story. Half-wits at RTVSLO – well, their web section at least – for reasons that are known only to them infer that there was a second cable (Slovenia is again a topic… and the issue again is…) which in addition to PM Pahor implicated FM Žbogar as well.

However, there is no “again” here. Not yet, anyhow. Der Spiegel, NY Times, El Pais and Guardian all worked with the same set of documents (the entire 250k+ batch) and they all saw it fit to expose Slovenia-US horse-trading. And save the sole cable posted yesterday by El Pais, none of the cables pertaining to Slovenia have been released by WikiLeaks yet. None. Zero.

Indeed it is still a mystery as to how exactly could they have arrived at such different conclusions: NYT reports US pressured Slovenia. No names are mentioned. El Pais reports Slovenia pressured the US and names PM Pahor and making no mention of FM Žbogar. And Der Spiegel reports Slovenia was horse-trading with the US but mentions Žbogar, omitting Pahor completely. But they all published their pieces on the same day, 29 November 2010 (three days ago), while the general public, which in this case includes Slovene media has yet to see anything more than a single cable from US Embassy Ljubljana. I know I’m repeating myself, but I can not stress this point enough.

To put it in the words of Al Pacino: We’re in the dark here!

Point being, web section of RTVSLO is either making things up or really has a problem reading and/or googling.

(again, many thanks to alcessa for the heads-up)

WikiLeaks Slovenia: Make Me An Offer I Can’t Refuse

Diplomatic incontinence strikes Slovenia too. Once again this sorry excuse for a country is front-and-centre on the international stage, courtesy of Julian Assange and his Wikileaks. OK, so we’re still just a comical sidekick, but there you go. Slovenia was put forward as prime example of US diplomacy bullying other countries into doing what Washington wanted. The story made the timing of my yesterday’s letter to PM Borut Pahor a bit unfortunate, as a plethora of issues was overshadowed by Cablegate – The Slovenian Edition. Well, there’s little use crying over spilled milk.. eerr… cables.

Obama: “Yo B., wassup?!” Pahor: “Make me an offer I can’t refuse” (source)

So, what’s the story (morning glory)? The esteemed New York Times (one of only a handful of media to have been granted advance access to 250k+ US State Department cables) reported that Slovenia was pressured by the current US administration to take in at least one Gitmo prisoner and that Slovenian leadership could look forward to some quality time with Barack Obama in return. The story was picked up by The Beeb and (naturally) every Slovene media. Big bad America picking on someone not even a tenth of it’s size. Not nice.

But then came the twist. Spanish El Pais, another paper with advance access to Cablegate material, posted the “problematic” cable (one of about 900 pertaining to Slovenia). Assuming that he cable is genuine, it was Slovenian PM Borut Pahor who floated the idea of Slovenia accepting a prisoner from Guantanamo in exchange for 20 minutes with President Obama.

And then, another twist. According to Der Spiegel, it was actually foreign minister Samuel Žbogar who was asking around what would the US give in return if Slovenia were to take over a Gitmo detainee. (link kindly provided by alcessa)

Wait. What!?

Yeah, I know. Embarrassing, to say the least. Naturally, all hell broke loose. Spineless begging. Sellout. Corruption. Ass-kissing. Those were prevailing reactions in Slovenia yesterday. However, there’s more to this than meets the eye. We’ll deal with differing versions of the story a bit later on, but for the sake of the argument let’s assume that the cable as published by El Pais is genuine.

The said cable was sent from US Embassy in Ljubljana on 5 January 2010 and detailed a visit by PM Pahor to the embassy on 30 December 2009, where he was hosted by Charge d’Affairs Bradley Freden, at the time the top-ranking US diplomat to Slovenia. The cable summarised the meeting (requested by Pahor) as follows:

CDA [charge d’affairs] and Pahor discussed political and economic priorities for 2010, including the relocation of Guantanamo detainees, stability and integration of the Western Balkans into the EU and NATO, and Westinghouse involvement in the planned second nuclear plant at Krsko.

At this point it should be noted that this was apparently the second such visit Pahor made to the US embassy which (obviously) did not go unnoticed by Freden and was interpreted as “the U.S.-Slovenian relationship [being] one he [Pahor] seeks to cultivate.“.

I won’t bother you with the actual cable, as you can read it here. Let us focus on analysis instead.

Borut Pahor goes shopping

In pengovsky’s opinion this cable shows (if anything) that Prime Minister Pahor, rather than spinelessly licking American ass, actually knows how to play the foreign policy game. Bear in mind that the meeting took place a little less than two months after Slovenia and Croatia signed the Arbitration Agreement on the border dispute, where apparently it was the US who manhandled Croatia into signing the paper which was decried as “high treason” on both sides of the border. Also bear in mind that Slovenia was in 2004 indeed bullied into the “Coalition of the Willing” by the Bush administration just prior to the illegal invasion of Iraq and there was plenty of (needless) embarrassment over a leaked Slovenian cable from Washington on how to handle the imminent declaration of independence of Kosovo. In short, Slovenia-US relations have not been entirely rosy, courtesy of both sides, and PM Pahor saw it fit to keep the current good streak going.

So what Pahor did, apart from going above and beyond the call of duty to show how important the US is (by visiting the embassy in person rather than having the charge d’affairs – then the top ranking US diplomat – come to see Pahor), was actually outlining how he saw US interests in Slovenia and the region. Broadly, these interests include security in the Balkans, a Westinghouse investment into Krško nuclear power plant and relocation of Guantanamo prisoners.

But things don’t just happen by themselves. To make these the above possible, Slovenia obviously wanted something in return. And rather than saying outright what Slovenia wanted, Pahor basically said: “Make me an offer I can’t refuse“. He was, in fact, shopping. With some strings attached. Case in point being Gitmo prisoner(s) where Pahor made it plain that his government was willing to consider the relocation “as long as ‘political’ and ‘financial’ obligations were considered separately“. Translation: show me the money.

The main problem, according to Slovene media was the fact that “PM gently – but unambiguously – linked success on detainee resettlement to a meeting with President Obama. He said that “a 20-minute meeting” with POTUS would allow him to frame the detainee question as an act of support for Slovenia’s most important ally and evidence of a newly-reinvigorated bilateral relationship.”

Shit. Fan. Aim. Fire

This is where the shit hit the fan. Outrage was almost unanimous, especially in the media. One of my favourites was the conclusion that for the PM and – by extension – his government “a life of a (possibly illegaly) detained Arab prisoner is worth 20 minutes with Barack Obama” (Delo, yesterday, in Slovene only)

It was as if everyone was oblivious to the fact that the cable says in no unclear terms that Pahor linked Gitmo and meeting with Obama “in a one-on-one pull-aside with CDA“. In other words, he did this after the meeting, unofficially. This was neither his not his government’s official position. He floated an idea. Hinted. Tested the waters, if you will. But he never made it a precondition.

Did Pahor make a mistake?

Yes and no. Foreign policy is a dirty business (and yes, someone’s got to do it). Most of it is trade, tit-for-tat. Taking in Gitmo prisoners is not peanuts. Not just because there is no legal grounds for Slovenia to do it (a law would have to be passed to do it), but also because a) it is a security risk and b) means a country (in this case Slovenia) is really going above and beyond the call of duty to help the US solve a human-rights disaster of their own making.

So Pahor felt he could play the table a bit against the Americans. Maybe he miscalculated. But the point is that he was trading. The trade, however, was not just “Gitmo prisoner for quality time with Obama”, but rather “Westinghouse deal, help in the Balkans and Gitmo prisoner in return for more US investments into Slovenia, (officially) recognising Slovenia as an important player in the Balkans, some plain old cash plus 20 minutes with the Big. O (the last one would help, but is optional).

However, the problem with these 20 minutes of Obama’s time is not that the idea had been floated, but how it was floated. As @DC43 said on Twitter, the other day, this is not something a PM does personally, but has someone from his cabinet talk to someone from the embassy. That way neither side loses face in case the idea is nixed, plus the whole thing is absolutely deniable in case of a leak such as this one.

More mistakes

The mistake Pahor did – and subsequent damage control he and foreign minister Žbogar are engaging in today – is more of an embarrassment than anything else. On the other hand the media, both Slovenian and international, made some serious errors.

As already noted, Slovene media were over the “Gitmo-for-time-with-Obama” thing faster than you can say WikiLeaks. But only 24 hours earlier, they were all over the “US-is-blackmailing-Slovenia” story with virtually the same gusto. While right now no-one disputes authenticity of the cable as published by El Pais, we have yet to see anyone retract their statements about “big bad US diplomacy treating everyone else like shit”. Right now it is as if the original version of the story (published by NY Times) never happened.

Three newspapers with advance access to 250k+ cables. All three of them saw it fit to point out a specific Slovenia-US cable. And every one of them came up with a significantly different interpretation of the cable. How is this possible? The cable is about as unambiguous as they come. This is what makes it interesting. And yet we have three totally different stories. Are interpretations of other cables subject to this “variation” as well? And – last but not least – are most of the cables so uninteresting that a relatively unproblematic Slovenia with its globally unimportant issues is the best they can do?

If any of the above is the case, are we to take Cablegate seriously in the first place?