Zambia: Thanks, But No Thanks to Statutory Self Regulation in Zambia

The Media Institute of Southern Africa (MISA) Regional Secretariat is deeply concerned at the Zambian Government’s attempt to impose a statutory media council and calls upon the Zambian media to form a united front in rejecting this move.

Government’s insistence on a statutory media self-regulation mechanism is inappropriate, unnecessary and aimed at nothing but controlling the media. This stunt by Government is in bad faith and a strategy to curtail media independence and freedom in Zambia.  

It is unacceptable and gravely worrying that Government should seek to impose its will and overturn the Fringilla Consensus on what self-regulatory system best suits the media. The Zambian media have made credible effort to develop a mechanism to regulate themselves under difficult circumstances, characterised by unending threats. At a minimum, Government has a duty to support, but not to impose and jeopardize this process.

Voluntary, non-statutory media councils are the recommended form of media regulation under international law, including Article 19 of the International Covenant on Civil and Political Rights, Article 9 of the African Charter on Human and Peoples Rights.

The Declaration of Principles on Freedom of Expression in Africa, adopted by the African Commission on Human and Peoples’ Rights states that “Effective self-regulation is the best system for promoting high standards in the media.” On the contrary, statutory media regulation is prone to abuse and political interference.  

MISA finds it disturbing that Government keeps changing positions. As recent as January, Government through Minister of Information and Broadcasting Services Ronnie Shikapwasha, supported the efforts of the Media Liaison Committee (MLC), in its efforts to establish a voluntary media regulatory framework, that was industry driven and non statutory.  This turn around by Government is unfortunate and raises suspicion.

MISA is left to wonder what the true intensions of Government have been all along.

We are left to question if Government was ever genuine in its call for the media to regulate itself, or had long taken a stand on statutory regulation.  

This suspicion is not without base given the consistent threats over setting up the media council in the last year. The last threat was a media council by 31 December 2009 or Government would set up one. Earlier, Government threatened not to pass the Freedom of Information Act unless media set up a functioning self-regulatory framework, even if the two were not related.

The Kenyan model of statutory self-regulation which is favored by Government, is not an option for Zambia. A statutory regulatory mechanism in whatever shape, will undermine Article 20 of the Zambian Constitution, which guarantees freedom of expression, including media freedom.

It is seriously worrying that Government should look to Kenya. The Kenyan media environment is a suppressed one, with the media operating under the shadow of draconian laws. The conditions that led to the statutory media council in Kenya in 2007 are well documented and ironically reminiscent of the current situation in Zambia, that of a government having difficulties with a watchful, assertive and forceful media.
 
Statutory regulation in all its forms should have no place in a fledgling democratic nation like Zambia.

MISA calls for an end to this Government circus. The Minister’s tone in the letter of 13th April addressed to the MLC Chairperson, Mr. Henry Kabwe, and sent to the Natioinal Conference on Media Self-Regulation, in which he expressed preference for the draconian, Kenyan Statutory model of self-regulation, was unfortunate. His comparison of Zambia Media Council (ZAMEC) to the disbanded Media Council of Zambia (MECOZ) is lame. By all accounts ZAMEC is not MECOZ.

MISA urgently calls on the Zambian Government to review its stance on statutory regulation. Statutory media regulation is not an option for Zambia.  

The MISA Regional Secretariat commends the work of the MLC, for its commitment in developing a voluntary self-regulation mechanism through the formation of ZAMEC, in the interest of fostering a professional, responsible and ethical media in Zambia.  


MISA offers its undivided support and endorses the launch of ZAMEC on May 3, World Press Freedom Day.

- April 26, 2010 by Kaitira Kandjii, Regional Director MISA
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Source: www.misa.org (received via Email Alert on 26.04.2010)