By Asonganyi Tazoacha
Recently
the National Communication Council of
Cameroon closed down certain media outlets and punished some journalists for
alleged “disrespect of ethics and professionalism.”
Humanity has progressed from the discovery of printing
and the telegraph to computers that power and subtly govern the information age,
and picture-taking communication satellites that send digitized pictures and
sounds to the computers for sophisticated editing. We are in the age of
internet and wireless technologies, live-from-everywhere news coverage, and free information and knowledge circulation
through the news media and other gadgets. Such knowledge and
information influence how the people view and think about their society, and
eventually, what they do. They also force people who have anything to do with
society or public life to take the concerns of the community seriously and to
be responsible for their own actions.This has left those who exercise unfettered power jittery since the
usual control of the circulation of such information and knowledge is slowly
slipping out of their grip.
Because it is the sovereign people that control
their government and not the reverse, different peoples around the world have
hemmed in their governments, so that what the people read, hear and see does not
depend on the whims and caprices of their governments.
Three examples will suffice here:
the USA, Nigeria and Ghana, with due acknowledgement of the 1789 Declaration of
the Rights of Man of the French Revolution that provided freedom of speech. In
the USA, freedom and independence of the media is regulated by the powerful “First
Amendment” which is like the charter of the right to information of the
citizen. There is also the US Federal Communications Commission (FCC) that receives
complaints about extreme, incorrect, or improper political, economic or social
statements broadcast by the audiovisual networks. However, the FCC is barred by
law from trying to prevent the broadcast of any point of view, from censoring
broadcast material, and from making any regulation that would interfere with
freedom of speech, since it is considered that “the public interest is best
served by permitting free expression of views.” Thus, the FCC ensures that the
most diverse and opposing opinions are expressed, even if some are highly
offensive.
In neigbouring Nigeria, the constitution provides
for freedom and independence of the media. Further, there is a Newspapers
Proprietors Association of Nigeria (NPAN), which has established an Ombudsman
to improve the quality of news reporting by observing accuracy, fairness and
balance, and providing the public with an independent forum for resolving
complaints about the press, while maintaining high standards of Nigerian
journalism and journalistic ethics. The Ombudsman defends freedom of the press,
and freedom of the public to be informed. A complaint to the Ombudsman waives
the right to go to court, except where criminal liability is established. More
importantly, since 2011, there is a Nigerian Freedom of Information Act which
makes public records and information more freely available to the public.
In Ghana, Chapter Twelve of the 1992 Constitution of
the Republic of Ghana regulates freedom and independence of media. The important
article opens as follows “Freedom and independence of the media is hereby
guaranteed; subject to this constitution and any other law not inconsistent
with this constitution, there shall be no censorship in Ghana; there shall be
no impediment to the establishment of private press or media, and in
particular, there shall be no law requiring any person to obtain a license as a
prerequisite to the establishment or operation of a newspaper, journal or other
media for mass communication or information; editors and publishers of
newspapers and other institutions of the mass media shall not be subject to
control or interference by Government nor shall they be penalized or harassed
for their editorial opinions and views, or the contents of their publications…”
And it goes on like that for three and a half pages of the constitution! That
is the Jerry Rawlings revolution, and an important part of what is propelling
Ghana forward in leaps and bounds.
In Cameroon the issue of freedom of the press is
mentioned in a phrase in the preamble of the 1996 constitution as follows: “the
freedom of communication, of expression, of the press…shall be guaranteed under
the conditions fixed by law”. That is all about it! This has left the
government the free hand to censor the press as and when it likes. In the ‘90s,
the minister of territorial administration banned newspapers, or cut out large
chunks of information from newspapers at his whim. That period was followed by law
no. 90/052 of December 19, 1990 which proclaimed “Freedom of Mass Communication.”
However, the law, like the other “freedom” laws had many provisos that rendered
it redundant. These included clauses like “in case of conflict with the
principles of public policy, the seizure of a press organ may be ordered by the
administrative authority…The banning of a press organ may be ordered by the
Minister of Territorial Administration…”
The most recent censorship tool of the government is
an outfit called the National Communication Council (NCC). The NCC has acquired
an audiovisual media monitoring
system which has the “capacity to continuously monitor 10
TV channels and 20 radio channels” so they can be censored when their
broadcasts go against “the principles of public policy.” And so we are back to
square one in Cameroon; the recent banning orders and other sanctions are a
result of this! Journalists and media professionals may have their different scales
of values, outlook, and experience, but those journalists that indulge in the
narration of such acts, sometimes with glee, rather than analytic reporting
should not forget the following premonitory statement of Daniel Schorr
- “What the
government can do to one journalist, it can do to all. When you hear the whip
crack, send not to know for whom this backlash cracks. It cracks for you.”
The cherished rights of mind and spirit – the
freedoms of speech, press, religion, assembly, association, and petition for
redress of grievances – are sources of strength for society. Information has
become the world dominant resource. Information and imagination are not
supposed to be regulated based on simplistic assumptions about human nature, human
behavior, and morality. Conflicts over news content and advertising are issues
related to the rule of law; they are supposed to be resolved amicably by a
“neutral” conflict resolution structure, or legally by a court of law. In the
21st century, outfits like the NCC wielding the power they have only
belong to societies governed by the rule of cloak-and-dagger, not the rule of
law!
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