Friday, April 16, 2010

Media rejects Shikapwasha’s statutory regulation

Media rejects Shikapwasha’s statutory regulation
By Patson Chilemba
Fri 16 Apr. 2010, 04:20 CAT

representatives during the Media Self _Regulation stakeholders' Conference Programme at Pamodzi Hotel in Lusaka - Picture by Collins Phiri

THE media in Zambia have rejected information minister Ronnie Shikapwaska’s position to force statutory regulation on them.

Reacting to Shikapwasha’s call for the media to be regulated by law, Media Liaison Committee chairperson Henry Kabwe expressed disappointment that Shikapwasha had turned around to start propagating statutory regulation, when he was on record during private and public meetings that he remained committed to self-regulation.

“We refer to your letter referenced: MIBS/101/3/9 dated 13th April 2010 which was addressed to the Chairperson of the Media Liaison Committee and delivered to the conference that was ongoing at Pamodzi Hotel,” Kabwe stated.

“From the outset, I would like to state that we respect your changed view on the media self-regulatory mechanism since we started this process almost 12 months ago. Hon Minister, we wish to also express our disappointment that you have now turned around to start propagating Statutory Regulation, when you are on record during our private and public discussions you remained committed to self-regulation. We all know that the Kenyan model being referred to is Statutory Regulation, and following the resolution of the Media Stakeholders conference held at Pamodzi Hotel from 12-13th April 2010, it can never be the best model for Zambia.”

Kabwe reaffirmed the Zambian media fraternity’s long-held position that it would not be part of any process towards statutory regulation.

“We restate this position that we reject your position to force statutory regulation on us. We have rejected before, we reject it now, and we shall reject it anytime in the future when you or any other administration decides to introduce statutory regulation,” Kabwe stated.

“The Kenyan model you wrongly refered to is a recent experiment that began only in January 2010. It is work in progress, which in fact our colleagues in Kenya say was forced on them. The models we recommend on our part is a hybrid of South Africa, Tanzania, Australia and other progressive democracies.”

Kabwe argued that in Tanzania, Malawi, South Africa and Namibia, voluntary self-regulation was working well and therefore the media in Zambia failed to understand why Shikapwasha was so prejudiced that it would not work in Zambia.

“This is a clear departure from your publicly stated position that you will support self-regulation unless it fails. We are surprised that you judge the yet-to-be launched Zambia Media Council as a failed project. We are proceeding as per resolution of the conference, to launch ZAMEC on May 3, 2010, and ignore any attempts at statutory regulation.

In case you proceed with it, we shall not accept to be part of a statutory council that you will create as you appear eager to do,” Kabwe stated. “You fail to appreciate also that the Kenyan model you overly project as successful is mainly credited to the fact that government is not a player in the media sector in that country. The Kenyan Government does not own any newspaper, does not own any radio station but only has a small stake through the national broadcaster.”

Kabwe stated that the political economy of the Kenyan media therefore provided the kind of diversity where even a statutory model could perhaps be tolerated if the politicians insisted as they have.

He stated that the situation could not be extraporated to Zambia where the state dominated both the print and electronic media.

Kabwe stated that the Kenyan system had well statutory structures and democratic mechanism that provided checks and balances in the manner the Minister of Information discharged functions as opposed to the Zambian situation where the minister had arbitrary powers over licences and appointments of boards of all state media outlets.

“By the recommendation of the stakeholders conference, we reject your suggestion that the Kenya model would be the best option for Zambia. On behalf of the stakeholders who met at Pamodzi, we still remain optimistic that the self-regulatory mechanism is the best option and shall work in the best interest of all stakeholders including government,” Kabwe stated.

“You may also recall that the Kenya Media Owners Association chairperson Mr Linus Gitahi during his presentation at the stakeholders’ conference expressed his preference for the self-regulatory mechanism over the Kenya model.”

Kabwe expressed surprise that long before the conference could reach its conclusion, Shikapwasha decided to send, in a disruptive manner, a letter to the conference before the Fringilla Draft was debated.

“Some of the concerns you raise had in fact been addressed by the time you sent the letter. We therefore, wish to appeal to you to reconsider your position on the media regulation,” stated Kabwe.

Shikapwasha on Tuesday proposed statutory regulation, saying any proposed instrument regarding self-regulation should not be deemed to be superior to the laws of the country.

Regulation of the media in Kenya is by statute. The process to regulate was discussed and agreed on by stakeholders, including the media and it is now an Act of Parliament.

However, members of parliament can amend the provisions of that law on regulation without consulting stakeholders.

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