Friday, November 21, 2008

MPs’ call for media regulation is shameful, says Simuchoba

MPs’ call for media regulation is shameful, says Simuchoba
Written by Maluba Jere in Lusaka and Mwila Chansa in Kitwe
Friday, November 21, 2008 4:42:15 AM

LUSAKA lawyer Sibanze Simuchoba has described as shameful calls by some parliamentarians that the media should be regulated through a statutory body.

And University of Pretoria human rights law lecturer Professor Michelo Hansungule has observed that the current debate against The Post's coverage of the last presidential election raises serious issues of the government's commitment to good governance and press freedom in particular.

Commenting on calls by some members of parliament to regulate the media through a statutory body, Simuchoba said it was sad that such calls were mostly coming from opposition parliamentarians.

Simuchoba said such thoughts should not be entertained by all well-meaning citizens.

He said once regulated, the media would not manage to inform the masses without fear or favour.

Simuchoba said regulating the media would further reduce the gains made in fighting for press freedom.

"My view is a definite no to all these calls by the parliamentarians," he said. "I come from a profession which is highly regulated. But if the media were to be regulated, it would cease to be capable of achieving its purpose."

Simuchoba condemned parliamentarians for basing their argument on the October 30 Presidential election coverage by media houses to muzzle the press.

"Since it’s clear their concern is The Post it can't be justification for regulating the media but the pretext for wanting to do so is to muzzle the press," he said. "If there is anything that The Post did in covering the contestants in the last elections, that's not how to go about it. Society will pass judgment on the media and it will have to cope one way or the other. But all in all, we don't need government regulation."

He added that The Post does not owe any politician anything and that the paper must be left to do its work professionally.

Simuchoba advised those who felt aggrieved by The Post to dialogue saying the route being taken was not right.

Another lawyer Dr Patrick Matibini called on parliamentarians to consider the consequences of statutory media regulation before they formulate and enact such a law.

Dr Matibini said such a move would have a negative bearing on Zambia's democratic process.

And commenting on Gwembe UPND member of parliament Brian Ntundu's call on the MMD government to sort out The Post now that they had won the elections, Prof Hansungule called on the government at the highest level to intervene so as to set the record straight.

"One would ignore the rantings as inconsequential if they were coming from lower-level party officials with hardly any teeth to bite but not when it is coming from such important officials as legislators," Prof Hansungule observed.

He noted that in a democracy, there was nothing wrong with an independent newspaper, which does not depend on tax-payers' money to express a particular position in favour of one or two candidates.

"How many independent newspapers in the United States of America openly supported President-elect Barrack Obama and even campaigned against the election of John McCain?" he asked. "And, in spite of all this, McCain last week in an interview with Jay Leno categorically refused to blame his loss on the media."

Prof Hansungule urged politicians to think beyond their constituencies and even beyond Zambia when making utterances and decisions as doing so would make them decide without the benefit of world civilisation.

"What exactly are politicians made of?" Prof Hansungule asked. "Politicians are strange animals, when a paper writes something praising them, they are all smiles; but when they are attacked or are not covered, they go up to heaven to complain and seek recourse for God to intervene. Politicians are known to like the media so much that they cannot speak or undertake a public function unless in the glare of the media. Strange animals."

Prof Hansungule wondered if some of the politicians who wanted The Post to be sorted out would operate in countries with numerous independent newspapers that were free to report about anything.

"Look at how we have destroyed government media over the years! Recently, I asked a couple of Nigerian and other West African students in my class to take a look at the Zambian government media through the internet to assess how they practice press freedom and the right to information as part of their continuous assessment; they were shocked at the low level of critical reporting in the government media," he explained. "There is nothing from the government media to show us 40 years of independence. But now, politicians, instead of focusing on how to have a stronger free media, want to kill the only [independent] newspaper in the country!"

He added that Zambia needed more free press, which he said was the country's greatest deficits.

"The essence of a newspaper or media house is to report even things you do not want to hear or read about," he stated. "It is the only means to promote democracy which it does by promoting debate and giving people a chance to understand the issues and personalities of those that have volunteered to govern them."

Prof Hansungule noted that most people in Zambia did not know anything about the personalities of some politicians and that someone needed to dig out this information and bring it to them as objectively as possible.

"When you do not agree and feel seriously hurt by a news report, you don't abuse a state institution like Parliament and call for 'action' by government against a newspaper. You go to court and complain there," he stated. "It is completely unacceptable and the height of irresponsibility for a politician or NGO official to call on the government to deal with a newspaper because it has published what to him is unacceptable."

Prof Hansungule stated that politicians had a duty to defend freedom and that independent press was key to freedom.

"Whoever is responsible for the final decision against The Post, please don't take us to Zimbabwe where press freedom died long time ago," he stated. "Remember, in the next few months you will need a free press most of you to take your messages to the electorate for the 2011 elections," said Prof Hansungule. "Even those that will lose the 2011 elections will need a free press to trade accusations on how they lost and who was behind their loss! Sense must prevail in the media debate."

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