Folks,
I had wanted to forward the following article that appeared on the Viewpoint column of The Daily Observer of Thursday, May2 2002, but could not due to a very bad flu I have had for the past four days. Thank God, it is getting better.
As you all know by now, the Bill the writer is campaigning against has since been passed by our National Assembly but is yet to be assented to by the President and gazetted for it to come to force.
I shall be giving my own take on the issue when have recovered from typing this very long article and the dripping I have been living with these days stays at bay. Anyway, I hope you find it informative.
Have a good day, Gassa.
The Media Commission Bill: Silencing the voice of the people – by Madi Joberteh Tel: 914889
Once again the people of The Gambia are facing another attempt to have their fundamental human rights seized by a government that has proclaimed its intension to empower its citizens.
The Media Commission Bill, which is on its way to the National Assembly, is not much about the killing of the press than the silencing of the voices of the people. While many people may see it as suppressing press freedom in this country, which is true anyway, but a closer look will show that it is in fact aimed at killing freedom of expression of the people.
This piece, which is intended to condemn the Bill as draconian and undemocratic, I wish to show how it kills the freedom of expression of the people and threatens the work of all those involved in media work – from providing internet services to hiring of public address systems. Even the mere filming of such events as naming ceremonies come under the purview of this obnoxious Bill that threatens to shut the mouths of law makers themselves.
Just as the House of Representatives everywhere reflect the political authority of the people, the media reflects the freedom of speech and expression of the people in any society. Anywhere where the people are denied to elect their own representatives then such a people have no freedom to determine the destiny of their nation and bring about the development of their society. Such a society is enslaved. Representatives represent the will and wishes of the people in the way their country should be governed.
The media also represents the will of the people. Importantly the gives voice to the people to speak and address issues which the representatives may not even be able to address or refuse to address for some reasons. Through the media the people can even express their opinions about the very representatives they have elected.
The media expands and strengthens democracy, tolerance, peace and co-existence. It develops the people and accords them the opportunity to widen their horizon and realise their potentials and abilities. Democracy, development, peace and stability will remain unattainable and a fleeting dream as long as society is not free to express what is on their minds and hearts.
The right to speak freely one’s opinion is an inalienable right in any society since time immemorial. Only oppressive regimes and leaders do attempt to destroy that right of the people.
ROLE OF THE PRESS
The press, it is said, is the fourth estate; meaning it is the fourth arm of the government. The first three are the Executive, the Legislature and the Judiciary. A society requires the effective functioning of all these arms to ensure a viable, peaceful, advanced and informed society where the people determine their own destiny and control their resources for the ultimate development of society.
Each and every one of these arms of government need to be also independent of each other, while at the same time responsible and accountable to the people. That is the only way to ensure that monarchs and dictators do not emerge and people’s freedoms are protected and promoted. The role of the press among these four arms of the state is extremely crucial. While the Legislature checks the Executive, and the Judiciary defends (and serves as interpreter of) the constitution to make sure none of the two violates the supreme law of the land, the press serves as the overseer of all of them on behalf of the people. The press also serves as a medium through which the government hears and knows the feelings and opinions of the populace, and people in turn informed of the programmes and activities of the government. The press informs, educates and entertains. It can highlight dangers in the society of which members of the society, including the government, are not aware. No government can succeed without the press. That is why even in the most authoritative societies we see that they have a very comprehensive and equipped media controlled by the state through which they indoctrinate and shape opinions of the people.
It is true that there have been bad journalists, and some have really wrecked havoc in some societies. But that is not an excuse for any attempt to have one of the arms of the state to control another arm especially such a key area as the press.
But when we look at the issue closely we see that irresponsible behaviour is not peculiar to the press alone. We have doctors who have induced abortion in this country when that practice is illegal. We do have teachers who have impregnated schoolgirls. We also have judges, magistrates and lawyers who are bribed to manipulate cases in the courts. We have policemen who have connived with drug dealers to operate. We have parliamentarians who have bought votes and intimidated voters. We have civil servants who have received salaries of dead colleagues. So as you can see we can show uncountable number of irresponsible behaviour amongst professionals of all shades. But nobody is talking about such a Bill for them. Why the press then?
The media is the voice of the people. In any society where the media is silenced then the people of that society are silenced. This is because the press merely reports what is happening, or had happened or may be about to happen. The press warns society of imminent harm to society. It accords society the opportunity to cast their minds to the past in taking crucial decisions.
The press also serves as a bantaba, promoting dialogue amongst members of a society thereby contributing to peace, understanding and harmony. It is merely a vehicle through which the government and the people pour out what is in their hearts and minds. It gives voice to the voiceless to express their opinions and views to enable them to participate in the affairs of their society. The media gives them the power to determine their destiny, how their tax money is be utilised, who should handle their tax money and how their society should be governed. This is why the Media Commission Bill is attacking the very foundation of a free society, i.e. the freedom to express oneself and the right to determine one’s destiny.
You can gauge the level of freedom of any society by the extent to which that society’s press is free. A society whose press is muzzled also reflects a people who are forcefully silenced and oppressed.
The people of The Gambia therefore should not take the Bill to mean that it is about The Daily Observer, The Point, Foroyaa or The Independent, or that it is about Radio 1FM or City Limits Radio and so on and so forth. This Bill is about you and me – the very ordinary citizens that make up this country. And it is our collective and individual interest to rally round forces and organise to condemn this Bill and put pressure on our National Assembly Members not to approve it.
JUSTIFICATION FOR THE BILL?
Laws are not made in a vacuum. Anytime a law is made it is done in response to a circumstance. There must have been an occurrence that requires a law to forestall a repeat and ensure justice, or we foresee an occurrence so we make a law to prevent it. The laws that have been created since 1994 are in response to certain events. The Indemnity Decree was imposed on us because there was a coupe and the plotters want to protect their own skin.
The Indemnity Act was created because there was a student democratic demonstration, which resulted in the killing of several innocent young people.
There was a Local Government Bill passed because it was part of the transition and aimed at giving power and voice to the lowest man and woman.
However this Bill as constituted has failed to achieve that objective and is now rushed on the people who do not have the slightest understanding of….
[The article was continued on a different page and these two disjointed partial sentences could have occurred during the setting of the layout of the paper or some typo on the part of the paper]
…paign to have nations make ant-terrorism laws because something happened on Sept. 11 2001.
So the question we need to ask is this: what has happened in this country with regards to the media that warrants the creation of a law like this? Has there been a case where the press this country to violence or disrepute? Has there been a case in which members of the public have taken any media house to court for defamation of character through slander and libel and the case won against a media house? Has there been a case where the press has revealed any State secrets? Has there been any case in which the press exposed The Gambia nation to external aggression or threatened the security of the State? Has there been any case in which the press did damage to The Gambia’s relations with other countries? Have we noticed any tendency or practice among the media houses that can lead to any of the scenarios explained above? There is none.
Instead what we see in this country is the media all the time regulating and correcting itself. They apologise when they offend anyone and correct errors publicly day in day out. Therefore looking at this issues we can say that the media Commission Bill is irrelevant and meaningless since there was/is and there will be no situation that demands such a Bill.
And I totally agree with other views that the media can regulate itself just as the lawyers are doing for themselves, or the doctors, teachers, etc. So why not the press? And more importantly we have the courts here. If one feels you have been wrongly portrayed by or in the press, go to the courts. Or is it the government cannot trust the judiciary to handle such cases?
IMPLICATIONS OF THE BIL BECOMING LAW
The Media Bill when it becomes law has serious implications for the people of The Gambia.
First it means people will not be able to scrutinize their own government and know how our tax money is spent. Because any talk about that in the press can be considered incitement, false or offensive and a heavy fine or imprisonment imposed.
The press accords us the opportunity to sit in our homes and engage in national debate. How many times have we been able to express and share our opinions with fellow citizens in the comfort of our homes through The Sunday News Hour of Radio 1FM? How many times have we learnt about things taking place in the country by reading a newspaper and even contribute articles and letters to columns of The Daily Observer, The Point or News and Report newspapers? These are what the Media Commission Bill is potentially going to close. It means there would be no News Hour or newspapers to read. Which genuine citizen of this country has not missed Citizen FM and its programmes?
IS THE BILL IN LINE WITH THE CONSTITUTION?
Secondly the Bill is not only about the press. It is wider than that. It covers the media, media organizations, media practitioners, newspapers and broadcast stations.
In part 1, it defines media organisations as “all forms of mass communications.”
It defines media organization as “an organization engaged in transmitting news and information to the public and includes a media house, association, club and company engaged in the business of mass communication.”
And it defines a media practitioner as “a person engaged in the writing, editing or transmitting of news and information to the public and includes the proprietor, publisher, editor and manager of a newspaper and broadcasting station and journalists.”
If we look at the above we realise that this Bill does not only talk about journalists and newspapers and radio stations, but also about the Internet or cyber cafes; those involved in video shooting of naming, wedding, religious and cultural ceremonies; those involved in printing of materials that do not even belong to them, those involved in educational video and print materials; those involved in hiring public address systems; writers clubs in schools, authors among others. Any of these is under the purview of this Bill.
And so for example a documentary on AIDS by a private media unit which is not involved in conventional newspaper work can be held liable for such a production if the government thinks such material is offensive or false.
Complaints could also be lodged by a paid stooge who could go to the Commission to complain with the sole purpose of closing down a media house or imprisoning a media practitioner just because of personal or political differences. And the Commission is so powerful that it can “try offences created in the ACT.”
In article 39 it says, “where any law of this ACT is inconsistent with that of any law, the provision of this ACT shall prevail.” This is unconstitutional because surely the drafters cannot claim that this ACT is greater than our CONSTITUTION. The Commission that will be composed has the right to force media practitioners to disclose their sources and even try a media practitioner in his or her absence!
THE BILL POTENTIALLY PROMOTES RUMOUR
Thirdly if this Bill comes into force, it means now even the National Assembly Members will not have any avenue to express themselves or speak to their communities because all the outlets are under the control of the media practitioner. It also means government officials cannot speak to the press for fear of being exposed since the Commission can force the journalist to disclose the source of his or her information. And I do not think the National Assembly Members would want to sew their own lips. This will only make it easy for the people to vote them out.
With the Bill, the President himself is locking his own two lips!! The end result of this Bill is therefore very clear: To promote and entrench rumour mongering, misinformation and confusion. This is because it shuts the mouth of the government to address the people and denies the people the right to ask questions. This therefore calls for speculation based on hearsay and imagination. Surely the government does not want to promote such a culture in The Gambia!
Thus the implication of this Bill are too far-reaching and deep and the government will make a fundamental blunder and a big betrayal of the people’s trust it takes this Bill to the Assembly. It undermines good governance and flatly contradicts the national good governance programme. It has the potential to further entrench sycophancy, corruption, misrule, mediocrity and chaos.
CALL ON REPRESENTATIVES TO VOTE “NO”
I therefore join other progressive forces to call on the President, Retired Colonel Alhagie Doctor Yahya Abdul Azziz Jemus Junkung Jammeh, President of The Republic of The Gambia, to withdraw immediately this Bill from the National Assembly.
I also call on the Speaker of the House of Representatives Sheriff Mustapha Dibba, the Majority Leader Baba Jobe, the Minority Leader Halifa Sallah, and all honourable Members of the National Assembly to massively vote against the Bill should the president fail to withdraw it.
To all of us Gambians: Let us intensify the struggle for the total liberation of our people. In the 1920s Edward Francis Small – the Father of Gambian Independence and other Patriots of our country stood up against the colonial monster to demand democratic representation or no taxation. Their fight for our liberation was crowned on April 24 1970 when we became a republic having gained independence way back in 1965. We owe it to ourselves therefore and to our children and of course to those Patriots to make sure our independence is not transformed into chicken and flag independence.
Stand up for your rights.
Vote NO.
The Media Commission Bill is undemocratic, anti-people and oppressive.
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Gosh, that was hard work!! Anyway I hope it was all worth it.