Uni Tavur: Vol 23 No 1: 21 February 1997
MEDIA: FLAWED DRAFT LAWS COULD HARM PUBLIC
On the eve of a new report by Papua New Guinea's Constitutional Review Commission consultative committee on the controversial draft media legislation, Uni Tavur made strong criticisms. The committee recommended that the laws be shelved, at least until after the general election.
By DAVID ROBIE in Port Moresby
LATE last month, the Commonwealth Journalists' Association, a non-government body dedicated to raising professional standards and protecting media freedom, took a swipe at Papua New Guineašs draft media legislation.
As it turned out, PNG was up there on the Commonwealth black list, along with countries such as Zambia, for its proposed registration of journalists and licensing of news organisations with stiff penalties for offenders.
Admittedly, PNG wasn't quite in the front rank along with Nigeria military regime (five editors and journalists currently jailed - one without charge) and China's impending takeover of Hongkong and the bleak future for outspoken journalists there.
But it was still quite a setback for PNG which has in the past enjoyed an envied status among many Commonwealth countries for its relatively free media.
Bracketing PNG with Zambia in a communique condemning plans to create regulatory bodies, the CJA said this was a further attempt "to erode and curtail freedom of the press".
The communique also said it was concerned about "the threat to press freedom in PNG by the proposed Media Commission Bill, the National Information and Communication Authority Bill and the Freedom of Information Bill. They conflict with Section 46 of the Constitution which provides that every person has the right to freedom of expression and publication. They also permit the PNG government to control journalists by licensing".
The CJA resolution is among recent statements of condemnation and criticismby organisations that share the concerns of national journalist and media organisations within Papua New Guinea. Others include the International Press Institute, the Pacific Islands News Association and Pacific Media Watch.
All espouse the sentiment that the draft Media Commission and National Information and Communication Authority Bills would be damaging to the public right to be informed in a democracy. Even the draft Freedom of Information Bill is interpreted as a piece of legislation that would actually restrict information rather than make it more readily available.
The section in the new legislation dealing with confidential sources is particularly disturbing.
Journalists and news media have a responsibility to the wider public. The principle of press freedom is recognised by international law.
Some of the laws in force that define the inalienable right to provide information include:
Universal Declaration of Human Rights (1948):
Article 19: "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media regardless of frontiers."
International Covenant on Civil and Political Rights (1976):
"Everyone shall have the right to hold opinions without interference" and "Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or print, in the form of art, or through any other media".
The "Munich Charter" (Declaration of Rights and Obligations of Journalists, 1971):
This charter was adopted by the International Federation of Journalists (IFJ) - representing more than 400,000 journalists worldwide - and by journalists' unions in Europe.
"The right to information, to freedom of expression and criticism is one of the fundamental rights of man. All rights and duties of a journalist originate from this right of the public to be informed on events and opinions. The journalists' responsibility towards the public exceeds any other responsibility, particularly towards employers and public authorities."
The charter's preamble adds that the dissemination of information "necessarily includes restrictions which journalists spontaneously impose on themselves (a code of ethics spelt out by the charter and the IFJ).
"A journalist, however, can respect these duties while exercising his [or her] profession only if conditions of independence and professional dignity effectively exist." A declaration of rights is also spelt out.
The PNG Journalists Association's code of ethics is a variation on the Australian code which embodies the key principles of the IFJ code.
Clearly the draft PNG legislation conflicts with these professional norms in many instances.
The revised self-regulatory procedures being drafted by the Media Council of PNG and the PNG Journalists Association are more appropriate and should be given the opportunity to work.
David Robie is lecturer in journalism and acting head of the South Pacific Centre for Communication and Information in Development, University of PNG.
