Thursday, April 15, 2010

Statutory media regulation will be a severe setback – Mpombo

Statutory media regulation will be a severe setback – Mpombo
By Patson Chilemba
Thu 15 Apr. 2010, 04:30 CAT

George Mpombo yesterday said the statement by information minister Ronnie Shikapwasha in favour of statutory regulation of the media is a severe setback to democratic practice in the nation.

Reacting to Shikapwasha’s call for the media to be regulated by statute, Mpombo - who is Kafulafuta MMD member of parliament and former defence minister - said the media in the country should be allowed to regulate itself.

"Statutory regulation would be a severe setback to the democratic practices.

“That will suppress freedom of the press. You know the press is an actual partner in development for checks and balances,” he said. “So we cannot afford to go that way statutory regulation. And further, it can destroy the image of the country.

When countries are moving away from tendencies that appear to guard the papers, freedom of the press or tramp upon the freedom of the press, Zambia should not be the one going back. I think we should be forward looking in all aspects if we are going to advance.

The newspapers should be looked at as partners in development rather than being looked at as lethal instruments, deadly, malicious. So if there are any problems, there is need for people to sit down together."

Mpombo said freedom of the press should be promoted through self-regulation of the media as opposed to a system that would stifle press freedom.

"That statutory regulation would stifle initiative among journalists. That will make journalists pander to the whims of those in government," said Mpombo.

But in a letter dated April 13, 2010 to Media Liaison Committee chairperson Henry Kabwe, Shikapwasha stated that the document on the Fringilla Consensus on media self regulation was presented to the Ministry of Information and government had studied the document.

“The government has studied the said document and hereby wishes to state its position as follows: The proposed framework in the Frangilla Consensus falls short of a genuine self-regulatory framework and would not be able to achieve the objective of regulating the media in the country,” Shikapwasha stated. “The proposed voluntary media self regulatory mechanism will be a reincarnation of MECOZ and would be toothless and unenforceable.

The proposed voluntary media self regulation would lead to exemptions of some members thereby defeating the very essence of developing a credible, professional and ethical media in the country.”

Shikapwasha stated that any proposed instrument regarding self-regulation should not be deemed to be superior to the laws of the country.

“We note that on one hand, the draft constitution provides for the proposed regulatory body to sue and to be sued while on the other, the Fringilla Consensus document takes away the right of the aggravated party to take the matter to court.

This is contradictory,” stated Shikapwasha. “In view of the foregoing coupled with the absolute need to avoid the weaknesses that led to the failure of MECOZ in media self-regulation, government’s position is that the Kenya model of media self regulation would be the best option for Zambia.”

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 the stakeholders.

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