From the Independent newspaper

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The Independent Published Monday, February 26, 2001


WAJA appalled by Media Commission bill



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The West African Journalists Association (WAJA) has protested strongly
against the National Media Commission Bill, which is currently at the
discussion stage. After what the association said was a careful consideration
of a number of provisions of the bill, a blithe statement from its members
said they are appalled by the attempt to place the practice of journalism in
The Gambia under the thumb of the Secretary of State for Information. Article
27 of the bill attracted the association's disquiet. It states that "the
Secretary of State may on the recommendation of the Commission make
regulations for the better carrying out of the provisions" of the Act. WAJA
also drew attention to the perceived danger posed to Gambian journalists by
Section 4 (1) of the bill, which states that the Commission shall have "a
chairperson who shall be a professional media practitioner not in the
employment of the government, who shall be appointed by the President." "In
effect, the independence of the Commission is in jeopardy since the President
will be appointing the chairperson. The trend is worrying because the
Permanent Secretary of the Department responsible for information or his
nominee shall also be a member of the Commission" WAJA argued. The
association said it would have preferred a situation in which the chairperson
of the Commission is appointed by members from within their midst in order to
do away with possible abuse by the executive. WAJA believes that Article 5
(b) which empowers the National Media Commission to "maintain a register of
media practitioners" effectively places Gambian journalism at a risk because
registration can be used as a weapon to prevent undesirable and critical
opinions from seeing the light of day. "This fear is heightened by the
wording of Article 10 (1) that states that "no media organisation or media
practitioner shall engage in the dissemination of information by mass
communication unless registered" it warned. WAJA also observed that failure
to submit to this order would lead to a fine of not less than 5000 Dalasis or
in default, a suspension of the license of the media organisation or
journalist. The body said it is also chilled by the implication of Article 14
(3) of the bill, which declares that the commission also has the power to
issue warrants "for the arrest of a person who having been served with a
summons, fails to appear before the Commission." In the view of WAJA, the
power to issue warrants should not be granted to the Commission on the basis
that interference by the executive arm of government could lead to abuses.
Thus it said it would be more appropriate to allow the courts to exercise the
power to issue warrants if the need should arise. WAJA's stance on Article 19
(e) which states that "the Commission may request particulars and information
from any media practitioner in relation to an inquiry" was that it would
affect the ability of the media to protect its sources, a development that
could affect the Gambian media in a negative way. It also contended that the
provision declaring that the Secretary of State for Information, with
recommendations from the Commission, can also suspend the license of a media
organisation or media practitioner, according to Article 19 (b). WAJA
submitted that the imposition of a D10,000 fine under Article 20 (1) (b)
(iii), is heavy handed and could lead to the collapse of many a media
organisation in The Gambia. "With the ultimate authority for controlling the
media firmly in the hands of the government, journalism in The Gambia would
be in danger if the bill passes in the same form" WAJA's statement declared.
WAJA said it would seriously urge that the bill be adjusted to make for a
freer media in The Gambia.




Hamjatta - Kanteh
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