Media decree gives State absolute powers

[posted 10 April 2009,1500]

The proposed Fiji media decree is draconian, oppressive and gives the State absolute powers of control over the media, says the Fiji Labour Party.

“The decree is an open licence to the State to do as it pleases without any of its actions being called to question by anyone, much less the Media. It is an instrument of absolute control. No society which cherishes its freedom and values democracy should ever be expected to endorse this decree,” said FLP Leader Mahendra Chaudhry.

Mr Chaudhry said no government should be allowed to manipulate the media. The media decree should not become an instrument for manipulation by the government of the day. The media should be independent and there should be no censorship.

The FLP has always advocated that the media must be held accountable and face just penalties if it abuses its freedom. It is public knowledge that the Party and its leaders have often been wilfully maligned by certain media organisations and reporters with vested interests.

Nonetheless, FLP leaders have never campaigned for the curtailment of media freedom. For the FLP, the issue has always been:

• provision of adequate and swift redress to the victims of abuse of media freedom. The Court system is too costly, cumbersome and time-consuming. It can take up to five years to get a court verdict on defamation cases by when the damage has been done and the issue forgotten by the public.

• holding the media responsible and accountable for its actions, particularly in our sensitive multi cultural environment

The FLP decries the manner in which the so-called consultations were conducted on the draft media decree which was not released for general public scrutiny, nor were stakeholders given adequate time to study the proposed decree and make comprehensive submissions.

One day ‘consultations’ on the decree were held in Suva and Lautoka – participants were given a little over two hours to read the draft decree which was handed out on arrival followed by the discussions. Copies were reportedly recalled at the end of the day.

The Fiji Labour Party’s request to be provided a copy of the decree and to make written submissions was denied by the Attorney General’s office which is in charge of the so-called public consultations.

The FLP having carried out a preliminary study of the decree (obtained through private sources) is shocked at its draconian nature. It is also necessary to read this decree in conjunction with the recently promulgated Crimes Decree (Decree No 44/2009), in particular sections 65 and 66 thereof, to fully comprehend its oppressive nature.

The FLP notes that the International Federation of journalists (IFJ) representing over 600,000 journalists in 125 countries has come down hard on the Media decree proposed by the interim regime:

“This decree strictly limits the ability of Fiji’s media to regain its role as a critical watchdog on the accountability of power holders, and must be substantially re-written or withdrawn,” said IJF general secretary Aidan White in a statement issued on 7 April.

“The decree is clearly focused on the regime retaining control and entrenching its highly oppressive restrictions, not only on the media but on members of the public who might wish to express dissenting views,” he said.

Media Industry Development Authority of Fiji

The Authority as constituted in the draft decree gives absolute powers of control to the Minister which is dangerous and undemocratic. It is a one man show with Minister giving policy directions to a Director that he appoints.

FLP recommends that the Authority should be constituted of a board with representatives from the Media and civil society. The Board is to be appointed by the Minister on the advice of the Judicial Services Commission.

The board appoints a chief executive officer. Remuneration and terms and conditions of employment should be applicable to that in the Public Service.

The Tribunal

The Tribunal should be appointed by the President on the advice of the Judicial Services Commission, and not the Attorney General as in the draft decree.

The Tribunal should be an independent authority with complete separation of functions from the Media Industry Development Authority.

Enforcement of Media standards

FLP is concerned at powers conferred on the authority to control media content which may be against “public interest/national interest” or which may offend against “good taste or decency”. There are no given definitions for these terms. So who decides what the national interest is or what constitutes good taste – the Minister or the sole member Authority?

A number of provisions governing media content, requirement for documentation, bylines, fines etc are too severe, restrictive and intimidating and will certainly stifle the development of a free and professionally competent media which are the stated objectives of the Authority. In particular, strong investigative journalism cannot develop in such an oppressive climate.

Foreign Ownership

Foreign ownership provisions are too harsh and could damage Fiji’s image as a safe and secure investment destination. A more reasonable cap for foreign ownership would be 40% with 60% being reserved for local shareholders.

The maximum number of shares that can be held by a corporate entity or an individual should also be prescribed.

Conclusion

The FLP suggests more time be given for further and more comprehensive representations on the draft decree, if government is sincere about carrying out genuine consultations. This should be inclusive. Currently, political parties are not allowed to make representation. This is a curiously short sighted policy considering that a strong, healthy, free and independent media is such a vital feature of a democratic society.

It should also be pointed out that the media decree as proposed contradicts and violates principles and values enshrined in the interim administration’s own People’s Charter for Change, Peace and Progress. In particular, on Page 6 of the Charter it reaffirms its belief “in a free, accountable and responsible media that reports truthfully and promotes good and just governance and national development, and holds all institutions accountable including itself”.