models, the media has a responsibility to assist 1.2 Limitations on formal law in inculcating and transmitting "proper values Frequently, the essence of transitions to A second caution involves the functioning greater democracy is the fragmentation or of law. itself. laws that create the structural destruction of a previous monopoly or oligopoly underpinnings for independent media are power, includ ing the monopoly over necessary for the development of civil society, information as a critical element of the monopoly over power. In many societies but they alone do not guarantee how media will function. For free and independent media to reform means ensuring that there is access for a " work, the community in question must value group of voices not previously included in the the role that the media play. Rob Atkinson public marketplace of ideas. The question then is how the market is opened and to whom. Put underscores this problem by stating that, creating a civil society by legal fiat is an differently, what new or additional suppliers in mpossible bootstrap operation, both practically the market for loyalties are supported by what and conceptually. In both liberal political theory sources of power or money and with what and the history of liberal politics, the rule of law objectives. Russia in the late 1990s provides an is the product of a prior, pre-legal commitment which media to civil society. Julie Mertus has written, companies were, in large part, proxies for major formations of capital and political influence The transplant of legal institutions designed to each formation sought its own group of media promote such values as participation and entities oluntary association will not work Assuring the existence of free and absence of a prior commitment to such values independent media may require providing, in the On the contrary, the local power structure will marketplace of ideas, instruments for reject such a forced imposition as illegitimate articulating values and summoning public andor misused to serve its own needs this support that are not wholly dependent on the problem is endemic to the nature of social state. Moving towards free and independent change and legal transplantation, and the most media early in the process of transition may also knowledgeable legal experts will be unable provide a building block for the future stable set solve it on their own of democratic institutions. Even if the media do not perform the function of effective watchdog It is one thing to identify a need to alter the of engaging in information-providing and value- old cartel of voices in a society in a direction transmitting functions in the early days, that away from a monopoly or oligopoly. It is may be because of lack of experience. Starting another to try to understand what steps or the media early on the right road means that processes allow that to occur and which voices when the watchdog and other functions are in the process of change, will be favored as new necessary, the media will be more prepared entrants. In Rwanda, in the early 1990s Free and independent media may organically international organizations helped demonopolize arise in a mature democracy, but artificial steps he media and train voices different from those are necessary in many transition contexts of the state. But a newly professional, newly Finally, one might argue that the emergence skilled independent radio station became the of democratic institutions in transition societies instrument of extremists who favored. and will come faster and with greater public support indeed induced genocide. Too often, the term and involvement if there are free and independent media"is used indiscriminately to independent media to develop and inspire public describe media that contribute to democratic life as well as media that do not fall under a monopoly or oligopoly that restricts a society's set of available voices. These two attributes contributing to democracy and contributing to voice pluralism, should not be confused The Enabling Environment for Free and Independent MediaThe Enabling Environment for Free and Independent Media 5 models, the media has a responsibility to assist in inculcating and transmitting “proper values.” Frequently, the essence of transitions to greater democracy is the fragmentation or destruction of a previous monopoly or oligopoly of power, including the monopoly over information as a critical element of the monopoly over power. In many societies, reform means ensuring that there is access for a group of voices not previously included in the public marketplace of ideas. The question then is how the market is opened and to whom. Put differently, what new or additional suppliers in the market for loyalties are supported by what sources of power or money and with what objectives. Russia in the late 1990’s provides an example of a transition in which media companies were, in large part, proxies for major formations of capital and political influence as each formation sought its own group of media entities. Assuring the existence of free and independent media may require providing, in the marketplace of ideas, instruments for articulating values and summoning public support that are not wholly dependent on the state. Moving towards free and independent media early in the process of transition may also provide a building block for the future stable set of democratic institutions. Even if the media do not perform the function of effective watchdog, of engaging in information-providing and value￾transmitting functions in the early days, that may be because of lack of experience. Starting the media early on the right road means that when the watchdog and other functions are necessary, the media will be more prepared. Free and independent media may organically arise in a mature democracy, but artificial steps are necessary in many transition contexts. Finally, one might argue that the emergence of democratic institutions in transition societies will come faster and with greater public support and involvement if there are free and independent media to develop and inspire public opinion. 1.2 Limitations on Formal Law A second caution involves the functioning of law, itself. Laws that create the structural underpinnings for independent media are necessary for the development of civil society, but they alone do not guarantee how media will function. For free and independent media to “work,” the community in question must value the role that the media play. Rob Atkinson underscores this problem by stating that, “creating a civil society by legal fiat is an impossible bootstrap operation, both practically and conceptually. In both liberal political theory and the history of liberal politics, the rule of law is the product of a prior, pre-legal commitment to civil society.”1 Julie Mertus has written, The transplant of legal institutions designed to promote such values as participation and voluntary association will not work in the absence of a prior commitment to such values. On the contrary, the local power structure will reject such a forced imposition as illegitimate and/or misused to serve its own needs. This problem is endemic to the nature of social change and legal transplantation, and the most knowledgeable legal experts will be unable to solve it on their own.2 It is one thing to identify a need to alter the old cartel of voices in a society in a direction away from a monopoly or oligopoly. It is another to try to understand what steps or processes allow that to occur and which voices, in the process of change, will be favored as new entrants. In Rwanda, in the early 1990s, international organizations helped demonopolize the media and train voices different from those of the state. But a newly professional, newly skilled independent radio station became the instrument of extremists who favored, and indeed induced, genocide. Too often, the term “independent media” is used indiscriminately to describe media that contribute to democratic life as well as media that do not fall under a monopoly or oligopoly that restricts a society’s set of available voic es. These two attributes, contributing to democracy and contributing to voice pluralism, should not be confused