Mr. Gassama:
Thanks for the insight on the media bill. I found it very interesting that you've spent time to give your opinion on this controversial bill.
One major obstacle is that the bill will curtail free speech. Reading from the 1991 House of Representives' resolution of the bill, I have not read any mention of free flow of information. If that then is the case, why then should the National Assembly pass such a bill that in effect will affect free flow of information?
It seems that the more one tries to give a lending hand to the APRC government, the less appreciative the government tries to be. There can be no genuine dialogue if this kind of dictatorial incentives are exhibited in the legislature. I am of the opinion that the government is not interested in in working with those who want to give a lending hand.
I again what to thank you for your input.
Naphiyo,
Comrade ML Jassey-Conteh
Greensboro, NC/Kombo East Constituency
On Sun, 26 May 2002 14:40:07 +0000 Jungle Sunrise <[log in to unmask]> wrote:
Prior to and after the passing of the Media Commission Bill by our National Assembly, there has been a lot of criticism of it but little insight as how it could have been bettered. In this piece, I would try to give my take regarding it.
From the many commentaries that I have heard from various parties a few things seem to stand out quite clearly. These are:
1. That both government and media practitioners as well as most of civic society are in agreement that a media Commission is long overdue.
2. That many people believe that some provisions of the Bill are unconstitutional.
3. That many people believe that some aspects of it are not conducive to the preservation of a free press in The Gambia.
4. That some people believe that the composition of the commission is not appropriate for the tasks and expectations of it.
For simplicity, I have decided to narrow down this very complex Bill to the within the parameters given above but not necessarily restricted to them. Others may focus on any other aspects of the Bill that I chose to ignore or leave out.
Having set these parameters, I would now like to suggest that those stakeholders, particularly the Gambia Press Union and Coalition of Human rights activists with help from The Gambia Bar Association, to look at the feasibility or otherwise of institute a legal challenge contesting those aspects of the Bill that are viewed as being unconstitutional. Most of civic society does not seem to know all the nitty-gritty of this Bill and the media should continue explaining what it entails to garner more support for their stance.
Having done that, the next thing would be to see how government could be persuaded to make changes to those sections that the GPU and other stakeholders deem as un-conducive to the existence of a free press in The Gambia. This could be very difficult if the relation of the private press, as constantly reported by them, and the president on the one hand and between some members of the private press and the former Director of Press at Statehouse, Mrs. FJC, is anything to go by.
Thirdly, I believe the independent media can only influence the functioning of the commission from within and not by refusing to work with it. In my opinion that would be absolutely suicidal. It may perhaps not be as easy as I am putting it but this is understandable coming from a layman.
I would further suggest that these stakeholders hold negotiations with the newly appointed SOS for Communication, Information and Technology as well as devise a strategy that would solve some of the problems that the GPU believe would hamper their operations should this Bill come into force. They must come up with alternatives for the SOS to look at and perhaps forward to cabinet and the president for further review. This may not be very easy and would require a lot of tact and humility.
Having said that, let’s revisit some aspects of the Media Commission Bill. According to government, the purpose of the Media Commission Bill is:
“Repeal of No. 11 of 1991 NATIONAL ASSEMBLY A BILL ENTITLED AN ACT to establish a National Media Commission, to regulate the media, provide for a code of conduct and to ensure the impartiality, independence and professionalism of the media and for matters connected therewith.”
It further gives the functions of the Commission as follows:
“The Commission shall – (a) ensure the impartiality, professionalism and independence of the media; (b) maintain a register of media practitioners and media organisations; (c) provide for a code of conduct for media practitioners, and set standards with regard to the content and quality of materials for publication or broadcast by the media; (d) promote the establishment and maintenance of the highest journalistic standards in the mass media; (e) facilitate the registration of newspapers, journals and broadcasting stations, in accordance with the Constitution of the Republic of The Gambia; (f) consider and determine complaints lodged by individuals, bodies corporate and un-incorporate, against media practitioners and media organisations regarding the content of any broadcast, newspaper or other information transmitted via the mass media; and (g) ensure and protect the rights and privileges of media practitioners, including media practitioners employed by the state, in the execution of their professional duties.
And then gives the composition of the commission charged with the above objectives as follows:
(a) A Chairperson who shall be a professional media practitioner not in the employment of the government, to be appointed by the President; (b) the Permanent Secretary of the Department responsible for information or his or her nominee; (c) one representative of the Gambia Press Union; (d) one representative of the Gambia Teachers Union; (e) one representative of the Supreme Islamic Council; (f) one representative of the Gambia Christian Council; (g) one representative of the Women’s Bureau; (h) the Director General of the Gambia Radio and Television Services or his or her nominee; (i) one representative of the Gambia Bar Association and (j) the Executive Secretary of the Commission.
Now the question I believe that needs to be asked is whether the functions outlined above is reflective of what the majority of Gambians want and whether the composition of the Commission charged with discharging those functions are up to it. In other words, would the members of the proposed commission charged with the responsibility of discharging the functions of the commission be able to do so fairly, justly and without bias.
In my humble opinion the answer to the above questions is NO! I am of the opinion that since the media is not very big in the country, the commission should include at least one representative from each of the existing media houses.
Secondly, I also believe that the other members of the commission who are not directly involved with the media should subject to a review of their membership of the commission by the GPU prior to being sworn in. This would eliminate the possibility of appointing people who might have a bone to pick with certain sections of the media.
For now, these are my thoughts concerning the Media Commission Bill recently passed by our National Assembly.
Have a good day, Gassa.
Now to something totally unrelated to the subject line.
During the past few days there has been a lot of hullabaloo about what constitutes decent exchanges on a forum like Gambia-L and what is not. Some have even cited my calling Ams Jallow an arsehole as being derogatory while seeming to endorse words like vermin. According to my dictionary, Collins Gem English dictionary on page 29, gives it’s meaning thus “n. Taboo anus; stupid or annoying person.” When I however realised that some people found it offensive I dully apologised to all without reservation.
On the same issue, Ams Jallow who knows absolutely nothing about my private life learns on the L that someone saw me at Come Inn comes to the conclusion that I have an affinity with Johnny Walker or Gordon Gin. If Ams can tell such blatant lies about me knowing full well that I am in a much better position to dig up dirt about not only him, but his entire family, for disclosure on the L. I have refrained from going down that line because if I did, I would be hurting many others who have not done me any harm.
To those who do not know Come Inn, let me tell you that it was a Swiss bar and restaurant and now German owned situated right opposite Sere Kunda exchange and GRTS. Gamtel has, for years, entertained its guests there as well as other similar establishments throughout the GBA and still does so. Therefore when Ams Jallow who knows zilch about me deliberately, for lack of anything worthwhile to contribute for the betterment of our country, it is only natural to call him an arsehole.
Finally, Ams, there is a Wollof saying which goes “Lu waye bugut si hatch, duko bugga si dayam”. Meaning, what one does not want in a dog, one would not want in its shit. With this, I am telling you that what I do not need in idiocy, I certainly do not need from you. And with that, you have heard the last of me.
There is a time in the life of every problem when it is big enough to see, yet small enough to solve. -Mike- Levitt-
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