Controversy over state role in media regulation

While the Botswana government has acknowledged the media play an important role in a democratic society, it has insisted that a state-controlled regulatory mechanism be created to ensure adherence to professional ethics. At a two-day national conference convened by the private media on the draft Mass Media Communications Bill and other related media matters, Minister of Communications Boyce Sebetela said: "I am of the belief that freedom of the press must also entail adherence to a professional code of ethics. The recent formation of the Press Council of Botswana is therefore very welcome in this respect." He added: "We hope that they will address issues of concern that we sometimes see in our local media, which challenge the media on their professional ethics and, in particular, the media's responsibility to present both sides of the story; separation of reporters' opinions from facts; balancing 'bad news' with developmental reportage; and ensuring that headlines reflect the facts contained in the body of the story, rather than being sensational or scandalous, to 'sell' news." The draft mass media bill stipulates that any police inspector may seize any publication or newspaper they reasonably suspect has been printed in contravention of the proposed act. It also proposes the establishment of a press council, under the auspices of the ministry, whose responsibility it will be to act as a mechanism for monitoring the activities of the press. This body would receive complaints from the public and adjudicate on them, recommend disciplinary measures and impose sanctions, including fines not exceeding P20,000 (US $4,000), jail terms of one year, and ordering the public retraction of statements. The accreditation of all local and foreign journalists would also become mandatory. "I am aware, as the minister responsible for communications, science and technology, that the media fraternity expects me to speak about the current controversy surrounding the draft Mass Media Communications Bill, especially that the media industry has set up a self-regulatory 'Press Council'," said Sebetela. "I am also aware that the setting-up of a code of conduct, that is enforced by the profession itself, is one of the those stated objectives of our [Vision 2016, the government's development plan]. Suffice for the moment for me to say that we will give strong attention to what your consultations bring out," he added. The Vision 2016 development blueprint indicates that: "The freedom of the press must be guaranteed in law and practice. The media in Botswana must be deregulated in order to encourage citizen involvement in the dissemination of information." It further says: "Botswana must introduce a Freedom of Information Act that will protect the rights of citizens to have access to information and to ensure the accountability of all public and private institutions." The importance of the right of freedom of expression in sustaining a democratic society has become something of a thorny issue. The International Covenant on Civil and Political Rights indicates that this freedom extends to oral, written and printed communication as well as other media. "In the light of the view that international law arguably constitutes minimum standards, below which no member of the international community should fall, it is desirable that developing democracies should incorporate into their municipal laws, international law on the protection and promotion of the freedoms of expression and information," said Badala Tachilisa Balule, a law lecturer at the University of Botswana. Cara Olsen, chairwoman of the Press Council of Botswana, said: "Private media need government support in order to deliver their promise of making information accessible to the people; support in the form of enabling legislation, which must conform to best international norms and practices, and to the provisions of our own constitution and Vision 2016." "Botswana's newspapers are not the worst in the world," Olsen added.