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Submissions
to the Parliamentary Portfolio Committee on Media, Information and
Publicity
Voluntary
Media Council of Zimbabwe
July 07, 2011
Introduction
The Voluntary Media Council of Zimbabwe (VMCZ) was formerly established
in 2007 by media stakeholders who had correctly recognized a need
to uphold the highest ethical and professional standards in the
journalism and media profession in Zimbabwe. It was also established
with the express aim of presenting to the public and policy makers
the full possibility that the media was and remains capable of regulating
its professional conduct without resort to criminal charges against
members of the profession by the public or the government. It presently
has the support of all the private and state controlled media houses
in Zimbabwe .It is also important to note at this early juncture
that self regulation of the media is globally considered to be best
democratic practice by the United Nations Scientific and Cultural
Organisation (UNESCO). It is also a principle that is accepted by
media stakeholders in African states such as South Africa, Tanzania
and Kenya as well as by the African Commission on Human and Peoples
Rights.
Zimbabwe
and Media Self Regulation
As highlighted
in the previous section of this presentation, the VMCZ was formerly
launched in 2007. The media stakeholders that launched the VMCZ
had found it necessary to do so based on the premise that it was
best democratic practice to formalize self regulation for the media.
This was against a backdrop of the government's regulatory
body, the then Media and Information Commission which in terms of
the Access
to Information and Protection of Privacy Act (AIPPA) had the
prerogative of registering and de-registering media houses. The
enabling act AIPPA also had clauses within it that criminalized
journalists who would be deemed to have written stories not palatable
to the political persuasions of the government of the day.
Since the formation
of the inclusive government in 2009, the statutory regulatory framework
of the media has been altered through the promulgation of Constitutional
Amendment Number 19 which established a constitutional Zimbabwe
Media Commission (ZMC). Since the appointment of Commissioners to
the ZMC, the print media has expanded significantly through the
licensing and publishing of at least 8 regular print newspapers,
be they on a daily or a weekly basis. This is a development that
VMCZ welcomes and congratulates the ZMC for making a reality.
The VMCZ, in
congratulating the ZMC, is however aware of the intentions of the
same to proceed with the establishment of a statutory media council
in terms of AIPPA. The VMCZ by virtue of its mandate politely differs
with the ZMC and is seeking continual engagement with the ZMC on
the matter. The reason for the disagreement with the ZMC are also
premised on the fact that there has been no official announcement
to the effect that AIPPA is the relevant and enabling Act for the
enforcement of media regulation and it has not yet been subjected
to complete review either by Parliament or by the relevant Ministry.
It is also a law that the inclusive government through its Kariba
Media Stakeholders Conference held in 2009, has indicated that it
intends to review and possibly replace.
It is therefore
the VMCZ's firm persuasion that the ZMC in tandem with the
Parliament of
Zimbabwe and the Government of Zimbabwe, need to revisit and
repeal AIPPA and seek to ensure the democratization of Zimbabwe's
media environment. In the same vein, the Government and Parliament
of Zimbabwe need to take into account the democratic importance
of media self regulation in the policy alternatives that are eventually
placed on the table.
In order to
further a holistic review of the media laws in the country and with
an understanding of the oversight role of Parliament, the VMCZ makes
the following submissions to this Honourable Parliamentary Committee
on Media, Information and Publicity
Defining
Media Self Regulation
Broadly defined,
media self regulation refers to the democratic, professional and
independent regulation of the media by practitioners, stakeholders
and members of the public as represented by various sectors, in
order to promote ethical, fair, balanced and accountable reporting
by journalists and media houses.
Media
Self Regulation as an ancillary to the enjoyment of the Right to
Freedom of Expression and Access to Information
Universally,
media self regulation is premised on the enjoyment of the constitutional
right to receive and impart information. In the case of Zimbabwe
self regulation is premised on Section 20 of our Constitution
which guarantees freedom of expression as well as access to information.
The VMCZ, in promoting and executing media self regulation is promoting
as far as is democratically possible the enjoyment of the right
to freedom of expression and access to information without undue
hindrance.
Zimbabwe's
Undemocratic Enabling Acts of Media Regulation
In the case
of Zimbabwe, the enabling Acts of media regulation are multiple
in that while there is AIPPA, there are other Acts of Parliament
that impinge of the enjoyment of the right to freedom of expression
and access to information. These Acts include the Criminal
Law (Codification and Reform) Act, the Public
Order and Security Act (POSA), the Censorship
and Entertainment Control Act as well as the Broadcasting
Services Act (BSA). Of particular importance to the VMCZ is
AIPPA primarily because it continues to criminalize the journalistic
profession (AIPPA, Section 42b,42c, 42d) where it prefers statutory
fines with an option of imprisonment of journalists who the ZMC
and the statutory media council deem to have violated the code of
conduct. It is such provisions that instill fear, self censorship
and intimidation in the media profession. Such provisions also severely
undermine the enjoyment of the right to freedom of expression and
access to information as provided for in Section 20 of the Constitution
of Zimbabwe.
It is the VMCZ's
position that AIPPA be repealed and that this Honourable Committee
Portfolio Committee ask the Ministry of Media, Information and Publicity
as to what progress has been made in reviewing all media laws in
the country. The VMCZ also humbly asks that this Honourable Committee
take into account the democratic significance of the principle of
media self regulation as opposed to statutory regulation that limits
the enjoyment of the right to freedom on expression and access to
information.
The
Advantages of Self Regulation of the Media
- Self regulation
of the media has the following distinct advantages:
- It guarantees
media accountability to the primary consumer of media products,
the public. It does this by way of creating confidence in members
of the public that whatever the media produces it is based on
fair, balanced and verifiable facts.
- It promotes
democratic practice, culture and understanding within the media
profession and within the public due to the fact that adjudication
and judgment of the media is done by consensus without recourse
to criminal charges or vindictiveness.
- It protects
the editorial independence of the media and journalists from undue
interference from any societal sector.
- It promotes
professionalism, ethics and accountability of journalists.
- It promotes
the enjoyment of the constitutional right of all citizens to freedom
of expression and access to information.
- It does not
induce legal costs for the media or members of the public who
seek redress for stories they deem to be unfair or defamatory.
- It lessens
pressure on the judiciary.
- It helps
readers access the media.
The
Disadvantages of State Regulation of the Media
- State regulation
of the media leads to the criminalization of the press as well
as the right to freedom of expression.
- State regulation
of the media undermines the editorial independence of the press
through undue interference via the threat of prosecution. This
induces self censorship of the press and undermines fair, accurate
and balanced reporting.
- State regulation
of the media also undermines the enjoyment of the right to freedom
of expression and access to information in that it continually
seeks to proscribe how that right should be enjoyed, a process
which is at the behest of a government in power.
- State regulation
also leads to governments seeking to own the media, a process
which undermines the capacity of citizens to access information
outside of government propaganda.
- State regulation
of the media leads to less public accountability of the government
and government related institutions due to the fact that they
create rules to protect themselves from media or public scrutiny.
- State regulation
of the media is dependent solely on the political party in power
and is therefore subject to the politicization of the media.
- State regulation
of the media leads to the involvement of state security services
in policing journalists and arbitrarily detaining or harassing
them as has been the case in Zimbabwe since the promulgation of
AIPPA.
- State regulation
of the media leads to the exclusion of civil society and members
of the public in promoting media accountability. This is done
mainly through the politicized appointments of members of statutory
media regulatory bodies.
The
relationship of the VMCZ with the Zimbabwe Media Commission (ZMC)
The VMCZ has
a policy of continual engagement with the ZMC. It however differs
with the ZMC on the issue of the statutory media council provided
for by AIPPA. We have urged the ZMC to seek a holistic review of
AIPPA and other laws that affect the media. The VMCZ shall continue
to carry out its mandate as outlined in our constitution and as
supported by media stakeholders and civil society organizations.
Conclusion
The VMCZ would
like to express its profound gratitude to Honourable Members of
the Parliamentary Portfolio committee on Media, Information and
Publicity for allowing it the opportunity to make submissions on
the importance of self regulation. It is the hope and prayer of
the VMCZ that the Honourable Committee will look into the matter
of self regulation with the same amount of seriousness and commitment
that the Committee has demonstrated by inviting us to make submissions.
The VMCZ also humbly submits that this Honourable Committee considers
the repealing of AIPPA and the embracing of self regulation of the
media if all Zimbabweans are to enjoy the right to freedom of expression
and access to information without undue state interference. Self
regulation is not about the media seeking to run away from public
accountability, in fact it is an strong indication that journalists
are committed to the promotion of the same said accountability,
professionalism and ethical reporting. All in aid of promoting a
democratic culture where freedom of expression and freedom of the
media are seen not as a threat but a cornerstone of the realization
of democracy in Zimbabwe.
Signed:
Mr. A Muchadehama
Chairman
VMCZ Board
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