MISA REGIONAL SECRETARIAT POSITION ON SELF SELF REGULATION IN ZAMBIA
The Media Institute of Southern Africa Regional Secretariat is deeply concerned at the Zambian Government’s attempt to impose a statutory media council and calls upon the Zambian media to form a united front in rejecting this move.
Government’s insistence on a statutory media self-regulation mechanism is inappropriate, unnecessary and aimed at nothing but controlling the media. This stunt by Government is in bad faith and a continuous strategy to curtail media independence and freedom in Zambia.
It is unacceptable and gravelly worrying that Government should seek to impose its will and overturn the Fringilla Consensus on what system best suits to govern the media. The Zambian media have made credible effort to develop a mechanism to regulate itself under difficult circumstances characterized by unending threats. At a minimum, Government has a duty to support, not to impose and jeopardize this process.
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.
MISA finds it disturbing that Government keeps changing positions. As recent as January, Government through Minister of Information and Broadcasting Services Ronnie Shikapwasha supported the efforts of the Media Liaison Council in its efforts to establish a voluntary media regulatory framework that was industry driven and non statutory. This turn around by Government is unfortunate and raises suspicion. MISA is left to wonder what the true intensions of Government have been all along.
We are left to question if Government was ever genuine in its call for the media to regulate itself or had long taken a stand on statutory regulation.
This suspicion is not without base given the consistent threats over setting up the media council in the last year. The last threat was a media council by 31 December 2009 or Government would set up one. Earlier, Government threatened not to pass the Freedom of Information Act unless media set up a functioning self-regulatory framework even if the two were not related.
The Kenyan model, favored by 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. 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.
MISA calls for an end to this Government circus. The Minister’s tone in the letter of 13th April was unfortunate. The comparison of Zambia Media Council to the disbanded MECOZ is lame. By all accounts ZAMEC is not MECOZ.
MISA urgently calls on the Zambian Government to urgently review its stance on statutory regulation. Statutory media regulation is not an option for Zambia.
MISA Regional Secretariat commends the work of the Media Liaison Committee for its commitment in developing a voluntary self-regulation mechanism through the formation of ZAMEC in the interest of fostering a professional, responsible and ethical media in Zambia.
MISA offers its undivided support and endorses the launch of the Zambia Media Council on May 3, World Press Freedom Day.
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