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‘Statutory media regulation not an option for Zambia’

‘Statutory media regulation not an option for Zambia’
By Ernest Chanda
Mon 03 May 2010, 04:30 CAT

STATUTORY media regulation is not an option for Zambia, Media Institute of Southern Africa (MISA) regional secretariat programme specialist for freedom of information and media law Sampa Kangwa-Wilkie has said. And South Africa’s Witts Radio Academy director Professor Franz Kruger said the envisaged Zambia Media Council (ZAMEC) should be given a chance to succeed.

Making a presentation at the 2010 World Press Freedom Day stakeholders' conference in Lusaka yesterday, Wilkie said the government should not push the media into developing a mechanism that does not suit them.

“MISA acknowledges that over the last several years, there has been increasing criticisms of press behaviour, some of it legitimate, others orchestrated and designed to weaken the media institution by powerful interests that are uncomfortable with a vibrant press beaming its searchlight on their questionable activities.

In order to redress legitimate grievances, which have the capacity to taint the entire industry and which can justify attempts to restrict media freedom, it is critically important that the media industry puts in place a framework for responding to the situation," Wilkie said.

"Voluntary non-statutory media council is the recommended form of media regulation under international law including Article 19 of the International Covenant on Civil and Political Rights, Article 9 of the African Charter on Human and Peoples Rights.

The Declaration of Principles on Freedom of Expression in Africa adopted by the African Commission on Human and Peoples’ Rights states that ‘Effective self-regulation is the best system for promoting high standards in the media’. On the contrary, statutory media regulation is prone to abuse and political interference."

Wilkie said the Kenyan media environment that the government kept citing as an example was a surpressed one.

"There are some principles which characterise any truly self-regulatory media system. One of the most important principles is that government can have no part in formulating the framework, or sustaining the mechanism, including drawing up the applicable ethical codes and standards. The Kenyan model, favoured by the Zambian government of statutory self-regulation is not an option for Zambia.

A statutory regulation in whatever shape will undermine article 21 of the Zambian Constitution. It is seriously worrying that Government should look to Kenya," she said. "The Kenyan media environment is a suppressed one operating under the shadow of draconian laws.

The conditions that led to the statutory media council in Kenya in 2007 are well documented and ironically reminiscent of the current situation in Zambia, that of a government having difficulties with a watchful, assertive and forceful media. Statutory regulation in all its forms should have no place in a democratic nation like Zambia.

The comparison of Zambia Media Council to the disbanded MECOZ is lame. MISA urgently calls on the Zambian government to urgently review its stance on statutory regulation. Statutory media regulation is not an option for Zambia.”

And Professor Kruger said any power needed to be checked.
"Free media is crucial to democracy. But any power needs checks and balances. Freedom means responsibility.

Self-regulation is the only mechanism that balances the two principles. Media freedom is indivisible: if the state regulates the media, they are no longer free," said Prof Kruger. "All countries have laws that prohibit some extremely undesirable material, eg hate speech. Self-regulation offers a channel to resolve complaints.

It does not offer a guarantee that no mistakes will ever be made. A model that suits local circumstances can be developed. Zambian Media Council should be given a chance to succeed."

Labels: MEDIA, REGULATION, SAMPA KANGA-WILKIE

posted by MrK @ 4:42 AM