From the Independent newspaper ******************************** The Independent Published Monday, February 26, 2001 WAJA appalled by Media Commission bill <A HREF="mailto:[log in to unmask]">Email</A> <A HREF="mailto:[log in to unmask]">[log in to unmask]</A> 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 [log in to unmask] [log in to unmask] URL: http://hometown.aol.co.uk/hamzakanteh/myhomepage/newsletter.html ---------------------------------------------------------------------------- To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html You may also send subscription requests to [log in to unmask] if you have problems accessing the web interface and remember to write your full name and e-mail address. ----------------------------------------------------------------------------