African Free Press - Windhoek Declaration 25th Anniversary
Transcription
African Free Press - Windhoek Declaration 25th Anniversary
AfrIcAN ANNIVERSAR Y #WHK25 May 2016 free PreSS Your free paper for freedom of the press Getting away with murder... page 19 No justice without the right to know Media are running helter skelter... page 24 & 25 Consistent with article 19 of the Universal Declaration of Human Rights, the establishment, maintenance and fostering of an independent, pluralistic and free press is essential to the development and maintenance of democracy in a nation, and for economic development. By an independent press, we mean a press independent from governmental, political or economic control or from control of materials and infrastructure essential for the production and dissemination of newspapers, magazines and periodicals. By a pluralistic press, we mean the end of monopolies of any kind and the existence of the greatest possible number of newspapers, magazines and periodicals reflecting the widest possible range of opinion within the community. Windhoek Declaration on Promoting an Independent and Pluralistic African Press – 3 May 1991 Your free paper for press freedom page 6 2 AfrIcAN free PreSS AfrIcAN free PreSS The long walk from resolutions to reality Pansy Tlakula reminds us that the rights to freedom of expression and access to information belong to all people, not only to journalists. And that it takes perseverance to entrench them. 2016 is a significant year on the African Continent. It marks the 30th anniversary of the coming into force of the African Charter on Human and Peoples’ Rights and the 25th anniversary of the Windhoek Declaration. The African Union (AU) has also declared 2016 as the Year for Human Rights with particular emphasis on the rights of women. As we celebrate these milestones, it is important to reflect on our achievements as well as the outstanding challenges in the realisation of human rights in general and the rights to freedom of expression and access to information in particular. Both the African Charter and the Windhoek Declaration provide us with a sound normative framework for the effective realisation of freedom of expression and information as well as press freedom. The Charter grants every individual the right to receive information and the right to express and disseminate his or her opinion within the law. The main thrust of the Declaration is to promote independent and pluralistic media. It reaffirms freedom of expression and information as fundamental contributions to the fulfilment of human aspiration and, more importantly, recognises that there cannot be a successful participatory democracy without a fully independent press. The norms and principles spelled out in both the Charter and the Declaration were reconfirmed and given more concrete shape in a number of documents adopted by AU organs. The African Commission on Human and Peoples’ Rights (ACHPR) adopted the Declaration of Principles on Freedom of Expression in Africa in 2002, in collaboration with civil society organisations led by Article 19. The Declaration was meant to expand the scope of the right to freedom of expression and access to information in the African Charter. In 2004 the mechanism of the Special Rapporteur on Freedom of Expression in Africa was established to monitor its implementation. The mandate of the Special Rapporteur was expanded a few years later to include access to information. The Declaration of Principles has over the years acquired persuasive legal effect. It is used extensively on the African continent and elsewhere, and its principles have become the cornerstone for the effective promotion and protection of the right to freedom of expression and access to information. Principle IV of the Declaration asserts simply and unequivocally: “Public bodies hold information not for themselves but as custodians of the public good and everyone has a right to access this information”. This powerful statement debunks the often-held notion that the right to information is a right for journalists. The right to information is for all of us. The right to information plays a vital role in the realisation of other rights and in fostering democracy, good governance, transparency and accountability. It is a prerequisite to the enjoyment of economic and social rights. Without information, ordinary people cannot access government services. Without information citizens cannot exercise their right to vote. The overwhelming culture of secrecy, which is embedded in governments across the globe and which breeds an atmosphere of distrust between the state and its citizens, can only be addressed through the proactive disclosure of information. Open government can only be achieved through the adoption and implementation of access to information laws. Declarations, of course, however powerful, take time to translate into action. So far, very few countries on the continent have adopted laws that facilitate the enjoyment of the right to information. To assist African states with the drafting of national legislation, in 2013 the ACHPR, through its Special Rapporteur on Freedom of Expression and Access to Information, adopted the Model Law on Access to Information. The Model Law, drafted with the help of African experts, reinforces the principle that the right to information is a right for everyone. It provides that the right to information is guaranteed to everyone within the state and is not only a right of citizens. It requires proactive disclosure of information by public bodies and relevant private bodies that are owned, controlled or financed through public funds, or which perform a public function or service. This is in recognition of the current realities in most countries on our continent where services that are supposed to be provided by the government, such as water and electricity, are increasingly being privatised. ESCO General Conference declared 28 September the International Day for Universal Access to Information. African civil society organisations, through the adoption of the African Platform on Access to Information Declaration at the first Pan African Conference on Access to Information in 2011, played a crucial role in this major initiative. We must lobby the AU to endorse this declaration at its summit in June this year. This will be a fitting commemoration of 2016 as the Year for Human Rights. Freedom of expression, like the right to information, is a cross-cutting right, necessary for the enjoyment of all other human rights. The right to freely express one’s views and opinions and to seek, receive and impart information and ideas in society is inextricably linked to the ability of individuals to play a role in strengthening democracy and the rule of law. The free exercise of the right to freedom of expression, including freedom of the media, shines the spotlight on corruption, poor administration and service delivery, and mismanagement of public funds. Unfortunately in most countries, there exist a number of laws that unreasonably limit the right to freedom of expression, and journalists who use this right are still forced to flee their countries, and are murdered, harassed, arrested and intimidated. The African Commission has over the years adopted a number of country and thematic resolutions regarding freedom of expression in general and press freedom in particular. It has not remained silent over grave violations of these rights. For example, in 2010 the Commission adopted the Resolution on the Deteriorating Situation of Freedom of Expression and Access to Information in Africa. It appealed to state parties to investigate allegations of violations of the right to freedom of expression and access to information, particularly in relation to the death of detained journalists, and to bring perpetrators to justice. Currently, 17 countries have adopted access to information laws. They include Angola, Burkina Faso, Côte d’Ivoire, Ethiopia, Guinea, Liberia, Mozambique, Niger, Nigeria, Rwanda, Sierra Leone, South Africa, South Sudan, Sudan, Tunisia, Uganda and Zimbabwe. This constitutes a mere third of African countries. Moreover, the compliance of national laws with regional and international standards in countries such as Angola, Ethiopia and Zimbabwe remains a challenge. In addition, most countries that have adopted these laws struggle with implementation. In order to encourage more countries to adopt access to information laws, the Special Rapporteur has undertaken advocacy visits to Ghana, Kenya, Malawi, Mauritius, Seychelles and Senegal. A similar visit has been paid to Nigeria to give impetus to on-going initiatives to accelerate the implementation of the Freedom of Information law adopted in 2011. There is a need to bring Regional Economic Communities on board. In this regard, the Special Rapporteur has held consultations with the secretariats of SADC, EAC and ECOWAS to encourage more countries to adopt access to information laws. A visit was also paid to the Pan African Parliament, culminating in the PAP adopting the Midrand Declaration on Press Freedom in Africa on 15 May 2013, which includes a call “on AU Member States to use the ACHPR Model Law on Access to Information in adopting or reviewing access to information laws”. In its 2011 Resolution on the Safety of Journalists and Media Practitioners in Africa, the Commission unequivocally condemned the declining safety and security situation of journalists in Africa and called on state parties to fulfil their obligation to prevent and investigate all crimes committed against journalists, and to bring perpetrators to justice. The Commission has also adopted a number of country resolutions condemning violence against journalists. These include a resolution on freedom of expression and elections (2013) in Zimbabwe; a resolution on the attacks against journalists and media practitioners in Somalia and a resolution on freedom of expression in the Kingdom of Swaziland. Of course, resolutions are not enough. In commemorating the 25th Anniversary of the Windhoek Declaration, all of us as free expression and freedom of information activists should double our efforts to ensure that the right to freedom of expression and information becomes a living reality for all the people of Africa. We should use this milestone to recommit ourselves to living the ideals of the African Charter, which provides in its preamble that “freedom, equality, justice and dignity are essential objectives for the achievement of the legitimate aspirations of the African Peoples.” This will be a fitting tribute to all those who sacrificed their lives to keep us informed. Pansy Tlakula is the Chairperson of the African Commission on Human and Peoples’ Rights (ACHPR) and its Special Rapporteur on Freedom of Expression and Access to Information. While we acknowledge the fact that a lot still needs to be done, we have to celebrate our achievements. On 17 November 2015, the UN- Dear reader... In 1991 journalists from all over Africa gathered in the Namibian capital to draft and adopt a ground-breaking document: the Windhoek Declaration on Promoting an Independent and Pluralistic African Press. In this publication, 40 researchers, journalists, artists and media users review progress made over the past quarter century and ask: Do we really have reason to celebrate? Yes, we have, say our authors. The Declaration has had an impact far beyond expectations 25 years ago. The media landscape in Africa has changed dramatically: independent media are flourishing all over the continent; some restrictive laws have been changed; journalists are able to work in a more professional manner. No, we do not, say our authors. Restrictive media laws from the colonial era are still in place in many countries, state media continue to have the say, women’s voices and perspectives are still grossly under-represented, and journalists (and bloggers and whistle-blowers) are still harassed, imprisoned and killed. And then there are numerous new challenges as well. How can traditional media stay relevant in the digital age – and why should they? Is the internet a two-faced monster or a revolutionary breakthrough? How can it be used for new forms of newsgathering and distribution? How can we ensure that all citizens have access to information? This publication tries to address all these topics and more. We want to encourage readers and viewers (offline and online) to get involved in the struggle for the right to freedom of expression. Journalists cannot Your free paper for press freedom win this struggle on their own and the rights of free expression and access to information belong to all citizens. We, the editors, want to thank the Media Institute of Southern Africa (MISA) for taking the lead in producing this paper and DW Akademie for supporting it. Happy reading, Jeanette Minnie and Hendrik Bussiek Co-editors View the digital version of this paper at www.WHK25.misa.org #WHK25 3 African media law: Time to throw off the colonial shackles Justine Limpitlaw outlines legal challenges to a free media in Africa, including colonial-era laws that restrict free thought and expression. The heady promise of the early 1990s in Africa! It seemed like every country on the continent was re-examining its political landscape and promising democratic reform. The 1991 Windhoek Declaration placed a free and independent African media squarely on the map and indeed this seemed to be happening. Country after country held free and fair, democratic, multi-party elections, often the first in decades. In South Africa and Namibia, they were the first ever. Country after country enacted new constitutions guaranteeing, at last, basic human rights for their citizens, including freedom of expression and in many cases freedom of the press. A quarter of a century is a good time to take stock. How far have we come? How far still to go to fulfil the promise not only of the Windhoek Declaration but also of the constitutional reform processes that seemed to accompany it? To take stock, it makes sense to identify certain key challenges facing the media in a number of different African countries and see how we are doing on these. All countries have to protect their citizens’ rights to dignity and reputation. Indeed, these rights are often provided for in the constitution, requiring a balancing between the right to freedom of expression, including freedom of the media, and the right to dignity. The issue is to get the balance right – to protect legitimate reputational concerns while ensuring that the media can get on with its job, which is to report accurately and fairly on news that the public needs to know about. There are two types of defamation that are commonly provided for in the laws of African countries: civil and criminal defamation. Civil defamation is uncontroversial and is provided for in almost all legal systems internationally. Namely, a person who has been unlawfully defamed is able to sue the defaming party or parties for damages. It must be said, however, that politicians have been known to abuse civil defamation remedies by pushing for punitive damage claims, which have the potential to bankrupt media outlets. Criminal defamation, on the other hand, is extremely controversial and has fallen out of favour in democratic countries in recent decades. This is where the state is able to charge a person with defamation under criminal law with all the attendant features: the possibility of arrest, detention, bail, a criminal trial, sentencing to a fine or even jail, and a criminal record. The United Kingdom repealed its own criminal defamation laws in 2009. Criminal defamation has been on the statute books or part of the common law of numerous African countries for decades and has had an extremely chilling effect on newsrooms across the continent. In recognition of this, the African Commission on Human and Peoples’ Rights passed Resolution 169 in 2010 which specifically calls on states to repeal their criminal defamation laws. Progress has been slow – to date only Benin, Ghana and Niger have done so in full. South Africa’s ruling party recently announced its intention to introduce legislation in Parliament to repeal the common-law crime of defamation (like Namibia, it does not have criminal defamation as a statutory crime) and this is expected to be passed in 2016. Another mechanism for effectively repealing these laws is to challenge their constitutionality. The Constitutional Court in Zimbabwe recently declared unconstitutional the criminal defamation laws in that country – a historic first for a national court in Africa. Riot police manhandle a journalist in Dar es Salaam An important case in the African Court of Human and Peoples’ Rights, Konate vs Burkina Faso, was handed down in December 2014. Although the court did not strike down criminal defamation in its entirety, it did hold that a sentence of imprisonment for criminal defamation violated Article 9 of the African Charter of Human and Peoples’ Rights, which guarantees freedom of expression. This should send an important signal to African countries that is it time to repeal these laws. The issue is to get the balance right – to protect legitimate reputational concerns while ensuring that the media can get on with its job... A related matter is the issue of prohibitions against insulting important persons. These are throwbacks to the colonial era when there were prohibitions against insulting the king or queen of Great Britain, foreign princes and the like. Sadly, they have been retained throughout Africa but now serve African kings, presidents and prime ministers. There are two key reasons why these are abhorrent. Firstly, they provide for criminal penalties, the chilling effect of which has already been discussed. Secondly, and perhaps more importantly, they undermine the key democratic value of equality before the law. Insult laws do not protect all of us, including you and me; they protect only persons who are extremely powerful in society. These laws are not necessary as heads of state can sue for damages under the ordinary civil laws of defamation. Many countries in Africa still have colonial-era statutory provisions which criminalise the publication of false news (that is, untrue statements, reports or rumours) that are likely to alarm the public or to disturb the peace. In some countries, such as Tanzania, there is a defence to the charge if the media can demonstrate that it took reasonable steps to confirm the accuracy of the report. But in others, such as the Democratic Republic of the Congo, the mere fact that the report was incorrect, that is, false, is enough to sustain a charge. lication because of concerns that it may find itself facing a criminal probe due to an inadvertent inaccuracy. An on-going problem is that insult laws are abused by governments to silence legitimate reporting on political issues such as corruption, cronyism and other barriers to development. These provisions ought to be repealed and if a story is false, other remedies such as corrections, apologies, media council rulings or civil defamation claims should suffice. Colonial-era security laws were extremely draconian in their ability to stifle the media from reporting on matters that may have sparked dissention with colonial rule. Sadly, most of these laws were not repealed at independence in many African countries. All too often, independent states simply continued to use the laws to stifle legitimate dissention, criticism, comment and expression by their citizens. This continues today. A key feature of the laws, particularly the offence of sedition, is that the definitions are over-broad. They do not relate only to clear threats to the country’s existence or territorial integrity but also to vague concepts such as “disturbing relations between different sectors of the population” and the like. They are also often subjectively framed. That is, there does not have to be an actual threat. Instead, what is required is that there is such a threat in a particular minister’s subjective opinion. This makes oversight of such laws difficult, as courts cannot enquire into the reasonableness or validity of such an opinion. Very few countries have made any substantive changes to their security laws from the colonial era, and consequently the African media environment is stuck in the past. In addition, the very countries that gave rise to such laws – Britain, France and Portugal, for example – have long since amended their laws to fall in line with international norms, which guarantee freedom of the media. After 25 years of the Windhoek Declaration, it is clear that in certain critical respects the promises of media freedom and independence from the colonial era remain unmet. It is time to rid our continent of colonial-era media laws that hold back development and freedom. Justine Limpitlaw is Visiting Adjunct Professor at the LINK Centre of the University of the Witwatersrand. These provisions are problematic since it is impossible for journalists and media houses to get every story entirely right and factually correct all of the time. Consequently, it happens that a media outlet with an important public-interest story might well hold back on pub- 25th Anniversary of the Windhoek Declaration 4 AfrIcAN free PreSS AfrIcAN free PreSS Who has the say in Africa? More media, not less! Will the rise of private media in Africa arrest the dominance of state-owned media on the continent? Sulemana Braimah reflects on the current state of media pluralism and diversity in Africa. erates. The growing phenomenon of concentration of ownership therefore results in pluralism in numbers, but not in diversity of content and audience. When you need to choose between buying food for your family and purchasing a newspaper, the choice is simple, writes Julie Reid. Around the continent, many newspapers and magazines continue to rely on direct sales for their survival. Although there are notable exceptions in nearly all parts of Africa, in many instances sales strategies have remained street-based, with low or non-existing subscriptions and home delivery. A majority of media organisations – both print and broadcast – operate without business plans or advertising strategies. The result of all this, as observed by Guy Berger in an analysis of the African media market, is “fragile cash-flows for African newspapers and often a tendency to hype stories in order to achieve street sales.” If you live in Africa, the type and amount of media you get largely depends on where you live, which languages you speak and how much money you have. Many people, particularly the poor, have little or no choice about the media they receive. Things look good – at first glance. In nearly all African countries, the once monopolistic state-owned media are now facing competition from multiple private media organisations. A 2014 UNESCO report on trends in freedom of expression and media development in sub-Saharan Africa said: “During the 1990s, in most countries, private newspapers started to flourish. Growing deregulation of the broadcasting sector began to allow for the blossoming of private and community radio and television stations”. These are also complemented by news websites, blogs and many internet and mobile phone-enabled channels of mass communication. So, yes, there appears to be a flourishing media market almost everywhere in Africa. And there is no doubt that in terms of numbers, Africa now has a pluralistic media landscape. But is the essence of media development in Africa just about increasing the number of media outlets? The answer is, no. That was also not the spirit that drove the Windhoek Declaration. It envisioned a vibrant, pluralistic, professional and sustainable media landscape, one in which media offered a diversity of content and voices, where there was fair competition between state-owned and private media, and where the media contributed to participatory, democratic governance. UNESCO’s report provides some evidence that despite the emerging culture of plural media, state-owned media continue to dominate the African media landscape, both in terms of numbers and market opportunities. The report cites a 2002 study by Simeon Djankov and others, Who Owns the Media?, which revealed that “on average, governments in Africa controlled 61 per cent of the top five daily newspapers by circulation, and reached 85 per cent of the audience for the top five television stations.” partments and agencies constitute the biggest media advertisers, and media houses are mainly financed by ads. Governments largely tend to use their advertising influence to manipulate and control the media landscape. Many do so by starving critically minded private media of advertising. At the same time, private commerce and industry, which do not want to be perceived as opposed to the government, also hesitate to advertise on private media outlets that are very critical of, or not aligned with, the government. State-owned media continue to dominate the African media landscape. UNESCO’s report highlights the issue of political manipulation by pointing out: “In 18 out of 30 countries, such advertising was reportedly used for purposes of partisan political support, while the threat of withdrawal on a non-partisan basis has been used to pressure certain media outlets.” The usually covert manipulation of the media market by governments through denial of advertising to outlets which feature critical coverage has the effect of censoring critical media. At the same time, it creates unfair market competition in favour of state media. As a result, the growth and financial sustainability of the private media sector is stifled in nearly all countries. Private media are facing a serious problem of their own making as well – concentration of ownership. There is an emerging pattern that sees only a small number of individuals – often government officials, active members of governing political parties and a few business people – owning the majority of media outlets. Such outlets are often politically aligned to government agendas and interests. In countries like South Africa and Kenya, with long histories of established and successful media companies in independent private hands, the big African media houses are, of course, part of nations’ overall economies, and many of these remain weak. A lack of money in the economy translates into a lack of money for advertising. “In most African countries, the advertising market alone has not been sufficient to support a robust, independent and pluralistic media sector, with little indication that this situation is likely to change, in part due to the lack of audience surveys and market research,” says the UNESCO report. This applies equally to online media that are also struggling for advertisements. According to the Balancing Act report, digital advertising on the internet as a percentage of total advertising spend (which is low in any case) is currently below two per cent in most sub-Saharan African countries. The situation is worsened by high taxes on newsprint and broadcasting equipment as well as a generally poor infrastructure for distribution, especially to rural areas. Concentration of ownership compromises the essence of media pluralism and undermines fair competition. Undoubtedly, for a pluralistic media landscape and market to thrive, there must be enough people to buy newspapers. But readership is dwindling, not least because the majority cannot afford them. In Botswana, for example, the minimum price for a paper is higher than the price of a loaf of bread. In Ethiopia a copy of a private newspaper sells for double the price of a serving of the staple food, Injera. An increasing number of people are finding their news online, including on social media sites. But this does not mean the demise of the ‘old’ media. The Balancing Act report found that “all forms of social media serve as a source of news and information alongside more traditional media.” There seems to be a trend towards a healthy co-existence of ‘old’ and ‘new’ media. Many people indicate that they want to receive news alerts from traditional media by “liking” them on Facebook. For instance, South Africa’s Metro FM has increased its likes on Facebook by almost 190 per cent over the last two years (from 301 208 in 2014 to 892 764 in February this year). The Punch newspaper of Nigeria recorded 937 371 likes by February 2016 while the Daily Nation of Kenya had 1.7 million. Although it’s been over ten years since this study, evidence from more recent publications appears to corroborate this finding. A 2014 publication by the telecoms, internet and broadcasting consultancy firm Balancing Act, which focuses on sub-Saharan Africa, concluded that private participation in the broadcast media remained a big challenge in Africa. In some countries such as Ethiopia, The Gambia and Côte d’Ivoire, among others, private broadcasting – television in particular – is still not allowed. Elsewhere, in Zimbabwe for instance, community radio stations have yet to be licensed. private media companies are criticised as monopolies that represent the interests of the middle class and the wealthy at the expense of the great majority of the poor in these countries. In all countries, state-owned media are financially supported through government subsidies. At the same time, state media also operate commercially and enjoy overwhelming advertising patronage from the government and the private sector. Government ministries, de- In the process, the few media houses owned by politically non-aligned individuals struggle to survive. They tend to be the victims of the advertising squeeze by governments and media market manipulations by concentrated, politically or ideologically-aligned media conglom- Concentration of ownership compromises the essence of media pluralism and undermines fair competition in a pluralistic media market. There is a lack of clear legislation on media concentration. As noted by UNESCO this “has allowed radio owners with substantial capital to buy out smaller competitors or expand in other areas.” Your free paper for press freedom So, there seems to be light at the end of the tunnel. Private, not state-controlled media are usually more innovative when it comes to the use of new technologies. If print, radio, television and internet entered into a happy marriage, then together they could beat the dominance of state media. Sulemana Braimah is Executive Director of the Media Foundation for West Africa. READ MORE: World trends in freedom of expression and media development (UNESCO 2014): www.unesco.org/new/world-media-trends 5 The reality of unequal media access is a mirror of the overall inequality of African societies. In cities across the continent, shopping malls and supermarkets are mushrooming, suggesting that purchasing power is increasing. But that is only true for a small part of the population. The large majority of Africans remain poor. There are huge differences between what is available to the rich and the poor. For example, while expensive private health care and education is open to the wealthy, the poor must rely on state funded provision of basic services. It is no different with the media. A small middle class has access to a large amount of media choices – for a price. The poor need to make do with what media they can access cheaply or for free. Corporate media, like so many other private services, force the poor into exclusion. Private and corporate media flourish all over the continent, be they print or broadcast media. But they are consumed by a minority middle-class audience that has the expendable income to pay for quality newspapers, sufficient internet access or expensive subscription television services. Take Ghana, where a newspaper costs nearly half of the daily minimum wage, or Kenya, where cover prices are higher than a packet of milk. How are the poor to afford such expenses for a ‘luxury’ item? And when mainstream newspapers are mostly distributed in urban areas, how are people living in rural areas supposed to get them anyway? In Botswana, 70 per cent of the sales are within 100 km of the capital. Commercial radio and television stations have mushroomed over the last decades – but again, access depends on where you live. These stations focus on the urban areas and are often inaccessible to rural audiences, which form a sizable part of the population. They broadcast mainly in the languages spoken by the former colonial powers, so people rarely receive media in their own language. Even worse, reception of broadcasting services, television in particular, is hampered by a lack of electricity in many countries. In Zambia, for example, as few as three per cent of the rural population is connected to the electricity grid. In Uganda, that figure stands at four. Predictably, because private media are available only to a specific audience, their coverage reflects the interests of this audience. Stories about poor communities and grassroots struggles are rarely reported on. The result is a lack of a diversity of voices, opinions and world views. This is detrimental to the political health of any society or democracy. When a small handful of companies own most of the media two things tend to happen. First, access to the media becomes expensive, thus unaffordable to poor people. Second, most of the media start to look the same, because the same story may be featured across most of the newspapers or broadcasters owned by the same company. News becomes standardised, and the diversity of content on offer drops. In many countries, the media market is highly monopolised with only a few prominent players dominating each media sector. Often, leaders in the print sector expand into radio and television to snap up an even bigger portion of the media pie. The absence of clear legislation and regulatory checks has allowed radio owners with substantial capital to buy out smaller competitors or expand their presence in different areas of the same country. tirely dominated by one outlet – the state-run, public-service broadcaster, the South African Broadcasting Corporation (SABC). The predominance of state-run broadcasters is similar all over the continent, since in most countries they are the only ones permitted to broadcast nationwide. But the media outlets that break crucial exposés, which publish investigative journalism and the stories of really excellent and brave journalists, rarely reach the majority. What this means is that the overwhelming majority of people only get to see and hear the perspectives of the state authorities and government. If Africans are to be informed participants in their society, their access to a wide range of good quality media is vital. So, why can’t online alternative media or the community media fill this gap? Independent online digitally published media does thrive in Africa. In South Africa, for example, there exists a selection of blogs and news websites which are quite different in their character to corporate or state-run media. Digitally published news sites such as Groundup, the Daily Vox or the Daily Maverick adopt a more grassroots perspective to news reporting, and carry stories which are relevant to the interests of the South African poor much more often than larger corporate media outlets. People on the ground then have a lot less choice. Although a large number of media may be distributed within a country, most people will only be able to access a very small amount of it. So, the universality of media systems cannot be taken for granted. Access to this content is “free”, but only if one can afford to pay for internet data. In Kenya, for example, many people get their internet access through wireless external modems – at a price: 3 000 Kenyan shillings monthly for unlimited access, the cost of a pair of jeans. Research published by the South African Links Centre at Wits University shows that in poorer communities, people often have to choose between buying food and spending their money on pre-paid data packages. This enables them to use services like WhatsApp in order to communicate with family and friends. But when the cost of data is so high, they are unlikely to use it for anything other than low-cost social media services. They will not expend their precious data downloading full-feature news articles. Research performed by the Media Policy and Democracy Project in South Africa examines some of these trends. Results paint a dire, yet predictable picture. The overall market is monopolised, with just a few companies dominating each media sector. For the poor, media content is further monopolised in real terms because it is almost en- Where the internet held the promise of democratising the communications landscape, the high data fees of private telecommunications companies and corporate interests again serve to exclude the majority. And once more the sector in Africa is dominated by too few big players including South African giant MTN. The profiteering of large private companies again depletes access to media diversity. And what about community media, such as community radio stations? They also mushroom in many African countries, but they all struggle to survive and many only just stay afloat amidst a number of pressures. Most have an over-reliance on limited advertising revenue, and frequently face political interference. Large media corporates often deliberately force community media outlets out of business. In South Africa, Media24 is part of the colossal Naspers monopoly and the country’s largest print media company. It was found guilty of predatory business practices by the Competition Tribunal in 2015. Media24 used a heavily cross-subsided newspaper to intentionally undercut a local rival publication. Ironically, the largest majority of (privately owned) community-based newspapers are now owned by Caxton, one of only four major players in the print media sector. Access to a variety of media by the majority of people across Africa is not in good shape. But media diversity is important to society because the individual’s access to a wide variety of opinions, ideas and world views is fundamental to that individual’s personal formation of their own views on society and politics. This is essential to democracy. If Africans are to be informed participants in their society, and if they are to take part in their political world, then access to a wide range of good quality media is vital. It is important that Africans be able to access media easily, without having to dig deeply into their own pockets, and to find information in languages they understand. But the predominance of media conglomerates and their overriding emphasis on their own commercial interests continue to raise the wall between the poor and everything that the media has to offer. Julie Reid is a Senior Lecturer at the Department of Communication Science at the University of South Africa and a project leader for the Media Policy & Democracy Project. 25th Anniversary of the Windhoek Declaration READ MORE: The Media Policy and Democracy Project www.mediaanddemocracy.com Download the full report published by the Link Centre with the Right2Know Campaign at www.r2k.org.za/2015/03/31/ research-lived-costs-communications AfrIcAN free PreSS 6 AfrIcAN free PreSS 7 The media are running helter skelter… Newspapers: Staying relevant in the digital age The audience supply pipe has broken, the digital audience is promiscuous, and the talent disloyal – Churchill Otieno paints a pretty frightening picture of what traditional media are up against … After four decades in print, Gwen Lister says she’s been called a “dinosaur” because she was and remains a believer in newspapers – even in the face of the digital tsunami. From the west, east and south, the best brew in Africa was usually the one that took a good while in slow-burning fire, maturing to a frothy bliss that rewarded patience. It was the story of good media – it always took painstaking work, many hands and heads, time and more time, and then served to an expectant, waiting, trusting audience. Not anymore. people to grow into the newspaper reading habit so that when they begin earning some cash, they can replace the ones who’ve stopped buying. The problem is that today’s young person, however rich, does not think newspaper content is something they should be paying for. One reason is that news is all over the place, as you’ll see in point six below. We journalists and our bosses, in a mad rush to embrace the digital revolution, built beautiful websites where we were only too happy to offer our stories for free. The audiences have migrated, and the media is running helter skelter in search of them. The music has changed and one must embrace new dance styles to remain attractive. Strangely, many of us imagine that a little change to our old dance steps will get us by. In all honesty, this is not a problem unique to Africa, but Africa does have some unique realities and opportunities going. The problem is that today’s young person, however rich, does not think newspaper content is something they should be paying for. We should also note that internet growth is strongest in Africa, rising from 4.5 million users in 2000 to 330 million in 2015. Then there is the magical story of mobile telephony in Africa, the gadget that is disrupting every sphere of life – from banks to families to taxis to sex. In short, the majority of Africans have yet to connect to the internet. But they will be connecting soon – and they will be reading, watching and listening to interesting stories. We, the media, should celebrate, and we can if we address the challenges ahead of us. Six characteristics of the media landscape stand out in showing us just how challenging a task producing newspapers, television or radio in Africa today is. First, there’s a broken audience supply pipe. At some point, loyal newspaper readers will stop buying the paper, for a raft of reasons. Newspaper managers long figured this out and learnt to entice young Many may have almost the entire skill set, but the digital revolution also came with something that smart people now call disintermediation. In short, it is the elimination of the gatekeeper from the source-to-audience communication sequence. Hence in real terms, that skill set is not only sought after by newsrooms, but also by politicians and brands investing in producing audience-ready messages. So you find that instead of specialising in press releases and media events, PR agencies now keep whole newsrooms while politicians put reporters on their staff. And they pay better! The quality of newsroom talent has also been distorted by interest peddlers who will stop at nothing in their quest to influence editorial content. No need to deny it, they will find willing collaborators who sell their ethics for eight pieces of silver. This is not an entirely new phenomenon, but it has grown worse especially in territories where strong media institutions are few or rare. Where did the audiences go? They went down the digital trail. The International Telecommunications Union tells us that as of November 2015, there were 330 million internet users in Africa out of a population of 1.1 billion. This represents a penetration rate of 28.6 per cent. These figures mask a few sobering truths. Unpacking them reveals that even though Africa is the second largest continent in the world by size and population, it is the last in terms of internet penetration. We have a 16 per cent share of the global population, but only 9.8 per cent share of world internet users. doesn’t exist; a few come close but they are in such demand we can no longer afford them. We also notice that this new reader/viewer/listener is a lot different from the old one. S/he is very opinionated, jumps to conclusions before getting the entire story, is impatient, always seems to be doing more than one thing at a time (leading to an attention deficit), and may be living thousands of miles away. Second, the digital audience is promiscuous. It used to be that every newspaper had its core audience, made up of those people for whom the day did not start or end unless they’d read their paper. Their relationship was so close that they took it as a personal affront if the editor dared move the Letters section from page 11 to page 13. They loved it so much they wouldn’t ever pick up the rival paper. These readers were the rock of the newspaper; even the shareholders paid attention. Today, they are a highly endangered species. In their place, we have the newcomers – who are fewer in number and forage in a variety of news websites to compare information and to fill in gaps. They come to your website a dozen times a day. They are vociferous in the comments section and on social media. They are also fair; they do to you what they do to your competitors. Worse, media managers know of no sure way to monetise them. Third, a disloyal talent. The fast pace of news demands that we put on staff a journalist who is an expert on the subject matter, churns out copy quickly, has mastered the smartphone as a reporting tool, and can write, photograph and shoot video. Problem is such a person Many have all but buried newspapers as relics of a bygone era. But while the readership decline is especially evident in the United States and Europe, all hope is not lost elsewhere. The 2014 World Press Trends Survey of the World Association of Newspapers (WAN) shows print circulation increases in Asia, Latin America and Africa. Fourth, there is a shrinking bank balance in a pot of interests. Media is only good business if the audience trusts its word, and that trust is earned by a currency called independence. It’s also been true that the same independence brings a host of problems with advertisers, government officials, politicians, criminals and even shareholders. But that won’t always be the case, caution others, pointing to instances of already dwindling newspaper revenues and sales in the developing world. I’ve heard publishers themselves warn with some relish that Africa’s newspapers will inevitably face the same demise as digital and online media become more accessible on the continent. I find the eagerness to write off print inexplicable in view of its often proud legacy of holding power to account, its contribution to literacy where libraries are in short supply, not to mention the brave journalists who risk their all for the truth. In a situation like now when many media houses are sailing through rough economic waters, media chiefs often find themselves under pressure to bend to the whims of these interests, but they also know that too much of this will deliver them to the very same grave they are Print has always been my passion – from my beginnings as a newspaper journalist in 1976 to the founding of The Namibian in 1985, at the height of apartheid South Africa’s occupation of the country, to my current role as publisher. I remain a believer. Media is only good business if the audience trusts its word, and that trust is earned by a currency called independence. trying to avoid. These pressures work in concert to erode trust and further disenfranchise media audiences. Fifth, where did the time go? We used to have a whole day to produce a daily newspaper, and our readers were patient enough to wait until the following morning to learn about what happened yesterday. The viewer and listener would come to us by standing appointment – when we ran the bulletins. On the odd day when a particularly big story broke, we would quickly publish a “special edition” in the afternoon and shout “breaking news” on air. With the luxury of time, we sculpted clever phrases and checked all the facts. We fished just the right picture/footage from the darkroom and chased every relevant document. Today, the newsmakers serve it directly to the audience. Since we cannot afford the experienced journalist and s/he wouldn’t be quick anyway, we make do with the greenhorn or intern. In our rage to keep pace, we rush to press and to air, and end up as competing conveyor belts and amplifiers. And sixth, news became democratised and commoditised. Anybody can deliver the news – whether it is written by themselves or by the reliable copy/paste function. Or indeed by robots. Hence, we have multiple sources without multiple voices, resulting in an unending echo of timelines. If it is not unique, perish the thought of ever selling it. To make it unique you will need expensive talent and expensive infrastructure. In the age of shrinking profit margins and competing investment options, the media is scurrying for the business model that will deliver the bacon to the shareholder and fund quality journalism all at once. Ultimately, all questions boil down to how we define quality journalism and how we fund it. What do media sell – content or audiences? What model do we use – can media houses continue to run as businesses? Or do we get the charities and tax payers here? Churchill Otieno is the Managing Editor for Digital and Convergence at the Nation Media Group in Kenya. READ GWEN LISTER’S ARTICLE ON THE NEXT PAGE TO GET A FEW ANSWERS… Your free paper for press freedom As the digital revolution and new technologies gain impetus, the media world changes with almost frightening rapidity. The survival of traditional media, print in particular, will be more contingent than ever before on journalistic excellence and connectivity with audiences. It was no easier to start newspapers then than it is to sustain them today. Advocates of an independent press in the African context faced similar tough scenarios, and political, financial and technological constraints dogged our efforts every step of the way. As the 1980s came to a close, it was a case of the survival of the fittest as obstacles to newspaper sustainability piled up. The African media landscape is littered with the skeletons of once-brave newspapers that didn’t stand the test of time. But many did survive and still continue to “shine a light into the darkness”. It was mainly print journalists who were the flag-bearers for an independent media in Africa. Their resolve to demand recognition for media freedom culminated in the adoption of the ground-breaking Windhoek Declaration on 3 May 1991 – which the UN later marked as World Press Freedom Day. These journalists and editors laid bare the demands, constraints and challenges facing those who were committed to independent media as an indispensable vehicle for imparting news and information. I am optimistic that journalists of the same calibre can again lead the way in ensuring the survival of print – provided they and their newspapers, editors and owners, don’t rest on their laurels. I have listened attentively at various international fora scrutinising the future of media, as smart young men in suits talk about algorithms, stealth models, fast flips and going viral, all the while warning that print’s time is up. And I realised I wasn’t alone when I looked around at the audience and saw the often puzzled faces of journalists who always believed in their cause and their craft. We wondered where this left us. The key question is whether those of us with a love for print will simply lie down and die - or will we manage to adapt to remain relevant? Freedom of speech and expression can never have enough defenders. The digital world has been indispensable in giving voice to “people’s revolutions” in situations where vibrant and independent print and other traditional media were unable, under-equipped or prohibited from doing so. But I remain resistant to the idea of a totally online world, and whatever the current status of print, it is clearly not an “either-or” situation. There is need for the coexistence of multiple-platform media, and print should continue to have a place in the mix. Similar to the banning and bombing of newspapers, the digital world also faces its own constraints of government regulation and shutdown. We’ve already seen this, most recently in the 2016 Ugandan elections. Print and online media must be mutually supportive when it comes to guarding our freedoms. Both are vital constituents in the democratic process, and together can contribute to the development of an engaged citizenry and realise the goal of true media pluralism. They must jointly urge governments to refrain from ill-considered attempts to regulate either traditional or new media or risk silencing millions of new voices that have found expression online. Free speech and media were once considered the exclusive prevail of journalists. This is no longer the case – the right to freedom of expression belongs to all people. The combined strength in numbers of both traditional and new media, if harnessed, will surely give great impetus to the on-going battle for freedom of expression and access to information, not only in Africa, but across the globe. The key question is whether those of us with a love for print will simply lie down and die... I’m convinced that a world in which there are no newspapers would be a joyless and, dare I say, uniformed world indeed. Those of us who started our careers in the era of hot lead, typewriters, landline telephones and telex machines, and who still believe in the power and the ability of the pen to change the world, must however be prepared to adapt and innovate to remain relevant in the digital era as we did in the past when the arrival of television posed a similar threat. The biggest danger to newspapers is undoubtedly the loss of public support. It remains critical to enhance professionalism, investigative skills and a commitment to ethics among journalists to retain and regain credibility and to stay close to the communities they serve. This can be done in a number of ways. Gone are the days of big print newsrooms and expensive foreign bureaus which covered a wide range of news and events. Lean, mean and specialised should be the new watchwords. There are few newspapers today which haven’t already created an online presence in a bid to remain relevant, to facilitate interaction with people and offer them different access options. Important choices need to be made on varying content for the print and online platforms. The newspaper content of the past, with a broad spectrum of international, local news and sport, columns, editorials and letters pages, needs a total overhaul in keeping with a changed audience. Digging deeper, including cross-border collaborations in investigative reporting, in print and online, to maximise resources, reach larg- er audiences and save on high newsroom costs, is one of the ways to go. Publishing in local languages and providing SMS short-message pages to create a conduit between people and government are just a few of the successful innovations at various African newspapers. Print has to become more global, yet more local in its reach. In a faster-paced media world, journalists will be required to adapt their skills to both print and online, but this is nothing new. This adrenalin and deadline-driven environment has always faced change and challenge, and committed journalists have proved themselves up to the task. Owners and publishers must be prepared to place a premium on principled journalism before the profit-at-all-costs approach, which has also contributed to editorial compromise and dented credibility among readers. Africa’s internet growth can’t yet match the boom in mobile technology access on the continent, and there’s a difference between noise and news. Information may have become more “democratised” online, but at some point people may tire of what has been described by a lecturer from the London School of Economics as a “race to the bottom in terms of ethical standards”. The perception that Facebook is the internet and the inability of many on social media to differentiate between hate speech and free speech as well as other online abuses play directly into the hands of governments looking for excuses to “regulate” freedom of expression online. Media literacy campaigns about online media and information are crucial for people to maximise the use of what could be a tremendous resource for their own development. But sooner or later, there will be those who seek out alternative sources of reliable news and information. Newspapers could be there to catch them when they fall. It may be true that the newspaper reader of old has all but disappeared, that the new online generation have no specific loyalties and will pick and choose the media or medium they prefer. It’s the job of newspapers to get their attention once again, and I’m convinced the recipe lies in a local and community-based approach to what people both need and want to know. If even the Newspaper Association of America acknowledges that “newspapers continue to innovate and transform, reaching new audiences and discovering new revenue streams”, surely we in Africa must do the same before real decline sets in? The question is whether we have the will and the resources to do what is necessary to ensure that print media not only survives, but also thrives in the process. Gwen Lister is the Founding Editor and currently Publisher of The Namibian newspaper, which is owned by the Namibia Media Trust. 25th Anniversary of the Windhoek Declaration 8 AfrIcAN free PreSS AfrIcAN free PreSS 9 Open data and new technologies: Keys to the media’s future Stephen Abbott Pugh looks into a future of mobile phones, data and drone journalism where news is a dialogue and access to data may even save lives. The spread of mobile phones and connectivity across Africa offers opportunities and challenges for the way information will be discovered and used by citizens. If people have the necessary skills and knowledge, open data and new technologies hold the keys to the media’s future. Code for Africa is the continent’s largest network of civic technology and open data labs. We work with media partners to create actionable information for citizens that helps them in their daily lives. From checking if their doctor is dodgy, to seeing if they are registered to vote, Code for Africa’s tools have been used in dozens of countries to help empower people. How might technology be harnessed in the coming years to further democratise the use of information and news across Africa? This is what some of the experts predict: Dickens Olewe of African skyCAM in Kenya was inspired when British filmmaker Danny Cooke shared online aerial footage of Pripyat, a city affected by the 1986 Chernobyl nuclear disaster. Cook had used a drone camera costing about $1 500 for this project 18 months ago. Since then African skyCAM has covered several stories, including floods, political rallies and marathons. They are also looking at the development of 3D models using drone footage and have produced a 3D model of a dumpsite in Nairobi, giving users an interactive experience with a physical feature. Citizens now have much greater control over how and when they receive information, and can react to and participate in it if they choose. Audience involvement, either through use of cell phones or through social media, has fostered a culture where more people come to value media freedom more broadly. The anonymity offered by these platforms means that ideas and information can be shared widely and faster with a large number of people, but these same innovations have created opportunities for widespread manipulation of information, which is difficult to stem. Gicheru warns about the new threats to media freedom arising from these technologies. Mobile companies are obliged to give up cell phone records when ordered by the courts, presenting journalists with the challenge of keeping their sources secret. Kenya’s 2014 Security Laws Amendment Act, which weakens safeguards and widens the scope and powers of the police as well as undefined “national security organs” to surveil and intercept communications, restricts the media freedom space. As importantly, it also restricts the ability of citizens to point out and demand action on government failures. That is where whistleblowing platforms like Code for Africa’s Afrileaks come into play, providing both citizens and journalists with a platform where they can share information on stories and tips. evil geniuses, very elusive, and difficult to catch”. The MDCN has brought over 40 cases against accused quacks in several courts across the country, but convictions are rare. As the authorities continue to struggle and the judiciary continues to fail, says Adeoye, vulnerable citizens continue to die. Code for Nigeria has therefore partnered with West Africa’s largest online news outfit, Sahara Reporters, to deploy a data-driven tool called Dodgy Doctors to empower citizens to fight quackery from the comfort of their computers and mobiles. Media should give citizens simple, actionable and easy-to-use tools to solve their problems. The Dodgy Doctors app is one of a set of tools in the SaharaHealth initiative that uses official MDCN data to help citizens check quickly and easily whether their doctor is properly registered. All they need to do is type a doctor’s name in, and the service will cross check it with the MDCN’s master register. The biggest challenge to civic drone use is regulation. Several African governments have issued decrees banning civilian operation, arguing they pose a threat to security and privacy. The Kenyan government published a notice in January 2015 banning drone use; Uganda and Morocco have similar ordinances. To secure the future of drone journalism in Africa, there’s a need to cooperate with other industries that have professional interests in the technology, and to jointly lobby for friendly regulation. Drones have become a low-cost alternative to expensive helicopters when it comes to capturing aerial images. Catherine Gicheru, an ICFJ Knight international journalism fellow at Code for Kenya, says in her country computer ownership and usage has grown relatively slowly, with more people likely to use computers than to own them. However, there has been an exponential growth in mobile phone ownership – 88.1 per cent penetration as of September 2015. In the same quarter, 31.9 million Kenyans were estimated to be internet users, meaning that 74.2 per cent of the population now have access to online services. The advance of new media and technology has changed the way journalists work and how information is obtained and produced. Gicheru points out that the business of news is incrementally becoming a dialogue between the news providers and the receivers of information. While we celebrate the emancipatory potential of digital technologies, we should also realise their contradictory nature, argues Sarah Helen Chiumbu. As a little boy, Nelson Mandela was excited to watch the regular tribal meetings at the Great Place in his village. In his autobiography he wrote: “Everyone who wanted to speak did so. It was democracy in its purest form. … Everyone was heard: chief and subject, warrior and medicine man, shopkeeper and farmer, landowner and labourer. … I was astonished by the vehemence – and candour – with which people criticised the regent”. In essence, then, the Great Place was what German philosopher and sociologist Jürgen Habermas later called the “public sphere”, a place or platform where individuals can meet to discuss and identify societal problems and, through that discussion, influence political action. This term has become shorthand for any space provided by the media. Over the years, control of the mainstream media, either by the state or the market, has compromised their democratic potential. This has led some to argue that digital technologies have become alternative public spheres that provide many avenues for political and social expression outside formal controls. Without falling into the trap of public sphere idealism, the internet, arguably the single most important communication innovation of the latter half of the last century, has transformed the way people communicate, how they access information (including reporting by the mass media), and how citizens respond to and engage with social and political issues. One cannot talk of these new media technologies without stressing their transformative power – or at least their vast potential to tip the scales of power. Drones have become a low-cost alternative to expensive helicopters when it comes to capturing aerial images. The agility of off-the-shelf “copters” means they can be deployed to examine the kinds of details in a story that might be out of reach otherwise. However, South Africa’s approach could help reverse this copycat reaction. Like the other countries, it had also banned drones. But the South African Civil Aviation Authority (SACCA), while expressing concerns about drones interfering with commercial aircraft, acknowledged there were viable civic uses. SACCA promised to engage the industry and published new regulations in May 2015. South Africa is now one of the world’s leaders in progressive drone regulation and the Kenya Civil Aviation Authority has since indicated that it is also considering reversing the ban. Internet: two-faced monster or revolutionary breakthrough? Web 2.0 technologies in particular, such as Facebook, Twitter, YouTube and Google+, allow citizens to no longer be just passive consumers and docile onlookers but also creators of information. The production and dissemination of news and information is no longer the preserve of professional journalists only. The internet has ushered in a new dynamic related to the production of digital content. Audience members are no longer at the receiving end of the information flow. Instead, they are actively engaged in producing information and altering the information flow through participation and collaboration with other media users. Digital technologies have given journalists opportunities to be innovative, ethical and inclusive, and to work in collaborative ways to solve problems and improve lives. An example Gicheru cites is the GotToVote platform, which not only offers citizens information on elections that was previously not easily accessible, but also gives journalists information that adds nuance and depth to their reporting. The value of such tools will become increasingly evident in the future when more journalists develop the skills to analyse, synthesise and interpret the vast array of statistical information being made available on the internet. Other apps in the suite include Hospital Finder and Medicine Prices. The Hospital Finder app is a geo-location service that helps citizens reduce the critical time it takes to locate health facilities around them. The Medicine Prices app helps citizens check how much the government expects them to pay for medicines. According to Temi Adeoye, an ICFJ Knight international journalism fellow at Code for Nigeria, there is a desperate need for affordable healthcare in Nigeria’s poorly funded, understaffed and ill-equipped health sector. This has driven many – especially the poor and vulnerable – into the hands of persons not qualified to treat them, otherwise known as quacks. The impact of quackery is very difficult to measure, but nonetheless extremely severe. Its cost is in human terms, measured in agonising disillusionment, temporary or permanent deformation, complication of existing ailments, and in some cases, needless deaths. Stephen Abbott Pugh is an ICFJ Knight international journalism fellow working with Code for Africa. He works on audience engagement for projects across Kenya, Nigeria, South Africa and Tanzania. Contrary to popular opinion in Nigeria, public medical institutions are not insulated from this cancer. The complicity and culpable negligence of recruiters at public health service commissions paves the way for quacks to infiltrate the system. This is a major headache for health regulatory authorities. As the Director of the Inspectorate at the Medical and Dental Council of Nigeria (MDCN) says, “They are Your free paper for press freedom Data-driven tools like SaharaHealth are changing how media affects our lives. It is no longer sufficient to talk about what is wrong in our world; the media should give citizens simple, actionable and easy-touse tools to solve their own problems. READ MORE: Code for Africa www.code4africa.org Got to Vote www.gottovote.cc Afrileaks www.afrileaks.org African Sky Cam www.africanskycam.com Dodgy Doctors www.bit.do/your-doctor-is-a-con-artist Political theorist John Keane, in his 2009 book The Life and Death of Democracy, contends that a new political type of “monitory democracy” has spread around the world since 1945. This is the notion that decision-makers in all domains of society –government, civil society and the private sector – are now more exposed to high levels of public scrutiny than before. Arguably, public accountability initiatives are on the rise worldwide, and digital technologies are increasing the order of public scrutiny and monitoring of power. The power bearers are now routinely subject to public monitoring and public contestation by an assortment of bodies, institutions and individuals – all at the click of a button! Beyond scrutinising the wielders of power, digital technologies also enable citizens to mobilise and take action. Social media specifically has redefined political mobilisation and protest. While distance and boundaries in the past thwarted the ability of people to convene for a political cause, now citizens can mobilise and voice dissent in large numbers easily – often augmenting other forms of protest. This has meant that the holders of power can be pressured through organised action that will bring issues not just to a community’s but to the world’s attention. #BringBackourGirls is a good example of the ability of social media to globalise a local problem, thereby facilitating collective action across both physical and social distances. A cornerstone of a successful protest is its ability to mobilise broadbased support – the critical mass needed to increase pressure. Social media has been able to achieve this, in interaction with other factors, to bring about a national or global protest movement of sufficient proportions to topple even entrenched authoritarian regimes, as was the case in Tunisia and Egypt in 2011 and 2012 respectively. Or – on a smaller scale – take the example of the #FeesMustFall campaign in South Africa, which forced the government to cancel a planned increase in education fees. While a few years ago the digital divide excluded many people from accessing the internet, the proliferation of mobile phones has helped narrow this gap as many countries in Africa have reached 100 per cent mobile phone penetration. However, only a third of the population have access to the internet (and, by the way, more than one in three adults in sub-Saharan Africa cannot read). Online engagement and deliberation necessary for democracy require not only a computer or mobile phone, but also access to smartphones, data and broadband, which sadly remain the privilege of a few urban-based people. As a result, members of the young, educated middle class dominate social media while the poor and elderly are excluded. The skills needed to use the internet effectively are perhaps even more stratified than access itself. Digital inequality or the “data divide” is the current reality impacting freedom of expression on the continent. Nonetheless, the internet is enabling political and social deliberation in ways never imagined before among those with digital capital. To what degree these deliberations are constructive and lead to genuine civic engagement is another question. First there is the issue of fragmentation. In days when traditional mass media ruled, if you got a story into a big newspaper, a great num- The power bearers are now subject to public monitoring and public contestation, at the click of a button! ber of people would be aware of it. The media provided a shared public and common space. In the digital age, this space has fragmented into several spheres. Some argue that fragmentation spells the end of the common cultural forum symbolised by traditional media, or worse, the birth of audience enclaves that scarcely interact. Yes, there is dialogue on Facebook, for example, but only in friendship groups and not across society at large. These groups back each other in their views and no longer take note of counter-arguments. No wonder that conspiracy theories are on the rise worldwide. Facebook and other social media platforms are thus not only a boost for democratic campaigns, they could also be a threat to an open society. Take, for example, the death of famous Mozambican journalist Carlos Cardoso, assassinated in 2000. At the time, the news of his death galvanised the media fraternity and those interested in freedom of expression issues across the region and beyond. Fifteen years later, another Mozambican investigative reporter and publisher of the online Diario de Noticias, Paulo Machava, died in an almost similar fashion as Cardoso, but the news went almost unnoticed. Similarly, the revolution in Burkina Faso in 2014 and the current political violence in Burundi have not occupied prominence in the public imagination. Yet it may be that discussions of these issues are taking place in disparate spaces among virtual communities of interest. The accepted myth of the power of social media encourages us to believe that our gatherings on social media platforms are promoting expressive collectivity, when in reality they are not. Second, there is the issue of citizens’ preoccupation with “soft” issues like entertainment or lifestyles, which can result in non-participation regarding issues that really matter, such as development, democracy and politics. Several studies indicate that social media in particular are mainly social and used as a social arena. For example, the 2010 Twitter trending topics report showed that only 3 per cent of topics were about politics, 28 per cent about entertainment and 40 per cent centred around specific topical hashtags (#), predominantly music and dating. In Africa, like in the rest of the world, celebrities have the most-followed profiles on Twitter. One aspect of digital technology that is less talked about is the hazard of information overload. Our societies have become message-saturated. Many people presume that there’s a correlation between communicative abundance and democracy; yet this abundance of information has effects that can be harmful to democratic governance. People are increasingly finding it hard to pay attention to specific events amid the deluge of media messages. Citizens, or “netizens” (as they are sometimes called), already overloaded with information, also face exposure to undemocratic practices by autocratic governments and market manipulation by corporations. In 2012, the United Nations Human Rights Council passed a landmark resolution supporting freedom of expression on the internet. It affirmed that the same human rights that people are entitled to offline must be respected online as well. However, new modes of surveillance and regulation by governments are threatening these rights in many parts of Africa. These measures represent an extension of already draconian media regulations which exist on the continent. The near silence of African civil society on the subject of state surveillance could indicate the extent to which African governments have succeeded, largely unnoticed, in pursuing policies and legislation that compromise digital security. Hence, there remains an urgent need for sincere, inclusive dialogue that can give as much weight to citizens’ rights to online privacy, security and expression as is given to their rights offline. Surveillance of online platforms contributes to an atmosphere of self-censorship. The internet is also increasingly being influenced by private interests. Studies show that Facebook and Twitter manipulate the visibility of posts, tweets and trends in favour of advertising clients and at the expense of everyday users to accumulate capital. User-generated content is also increasingly commoditised and manipulated by social media companies to create segmented markets (commodities) that can be sold to advertisers. Facebook manipulates content through an algorithm used to determine where and what posts appear on each user’s newsfeed. This algorithm is seen as the editorial voice of Facebook and its operations remain unknown to many. Social media are not only a boost for democratic campaigns, they could also be a threat to an open society. These threats to internet freedom posed by state and capital should intensify the fight for freedom of expression that started with the group of journalists who gathered at Windhoek 25 years ago. Understanding the subtle and not-so-subtle ways in which the internet poses threats to freedom of expression and creates hierarchies that impact on civic engagement is becoming an important task. The struggle for freedom of expression in the digital age lies with us – the users of these digital technologies. It is time to stand up for the rights we want in the digital era. In much the same way African journalists drafted and promoted the Windhoek Declaration, we need to once again come together and connect with all the different people and groups fighting for freedom online across the continent. Sarah Helen Chiumbu is a researcher at the Human Sciences Research Council South Africa. 25th Anniversary of the Windhoek Declaration 10 AfrIcAN free PreSS AfrIcAN free PreSS The media we want Our reporters asked young people around Africa about what kind of media they would like to see in their country. Here are summaries of what they said. You can see video versions of their statements at www. WHK25.misa.org Liberia Uganda 11 Kenya Nigeria Zimbabwe Pwanidi Francis (23), Adamawa State of Nigeria, Student, Adamawa State Polytechnic Yola. I expect the media to be very objective. They can meet this expectation if they are independent and without bias. They can also fail in meeting this objective if they choose to dance to the tune of government. Grace Timanywa (22), Mukono, Uganda, Student, Uganda Christian University Shaloam Strooper (18), Nairobi, Kenya, Student, University of Nairobi I expect the Ugandan media to deliver accurate news and the latest information. I also expect the Ugandan media to interview our leaders so that we can get to know their views on what is happening in the country. I would like to see some of the newspapers deliver more accurate news. Some have facts, yes, but they add in more soup to the news. It’s better to just keep it simple. I expect from the media in Kenya that at any given time, at any given place, whenever something happens I should be able to get that information. I should be able to know what is happening in my country. Sometimes you may be on Twitter or Facebook and you see photos of things happening that the news hasn’t yet reported. The media should be faster than social networks. Mosupatsila Nare (25), Gwanda, Zimbabwe, Law studies graduate I expect the media to be independent from any external influences, be they political, business or financial. I expect them to be fair and present issues as they are. Not to be biased, based on any political party influence or anything. There is a great deal of improvement that is needed in the Zimbabwean media. We feel like when news is being relayed to the public, there is bias mainly favouring the ruling party to the exclusion of every other opinion or every other view. I think as citizens of Zimbabwe we deserve to know what the issues are, with no bias or any other influence exerted. I expect that we be given the truth as it is, be it from the opposition or from the ruling party. We need to know the truth. Malawi Abdullah Sesay (19), Monrovia, Liberia, Child Rights Advocate; Student, Light International School I would like our media to be more proactive, to be independent in their reporting and to get to the people and get more information, especially information that is genuine, on national development or national security. Prince Bongani Chikwebo (24), Blantyre, Malawi, Graduate, University of Malawi I would like to see a media that it is free and objective, not being influenced by any social groupings or projections of western or eastern media, just projecting what represents society in Malawi as a whole. Anthony Kanuma (26), Kampala, Uganda, Sound Engineer Edward Maina (19), Nairobi, Student, University of Nairobi I expect the Ugandan media to always tell the correct news, be on time and ensure that information is delivered to the public accurately. There are certain stories, certain news clips that may not be suitable for the younger audience so I would like to see them sort of censor those things especially for the younger viewers so that they may not be affected, and to address those particular stories only to the desired audience which is the mature, adult type of people. The media in Kenya should provide first-hand information which is genuine, not just relying on information given by local people. It should also have research that will help to bring out information and give it weight. During the holidays when most schools are closed, the media could concentrate on the children who need to be educated and given information that will help them with problems we are encountering nowadays. It should entertain them and, at the same time, bring them information. South Africa Irvine Takavada (24), Harare, Zimbabwe, Activist I expect the Zimbabwean media to be transparent in their coverage, to be explicit and not to be manipulated. They are failing to meet our expectations because you find that journalists when they cover a story, at times they are manipulated by businessmen or politicians or they cover it with a slant or cover it for money. I would like to see the Zimbabwean media change in the sense that when they do their journalism they should be ethical and look at issues that are affecting society. They should not serve any individual’s interests. They should cover any issue as it is and cover it up to the end. Nora Wreh (26), Monrovia, Liberia, Student, African Methodist Episcopal Zion University I expect the media in my country to give me factual information. The media has to be robust in giving that information. They must be professional. Some of our media practitioners are not meeting the expectation of the Liberian people. Some of them are biased. They are not independent when it comes to feeding us information. They are being carried away or bought by somebody or somebody is pushing them around, telling them what to do. They do not believe in themselves or believe what is right for the people. The media must stand firm: they must go out, seek information no matter where it is hidden or how long it takes them to get it. Your free paper for press freedom Beatrice Mwape (20), Blantyre, Broadcasting Corporation Intern, Malawi I want to see a media that is free, objective and has access to information. Whatever the media writes, it should bring development, hope and a change to our nation. I think things really have to change so that people can be experts, people can know the truth and the world can change. Thandeka Gamede (22), Soweto, Newlands, Johannesburg, South Africa, Coordinator & Assistant Director at a casting agency My expectation of media is a non political treatment, reporting without fear or favour, more reporting on issues around gays and lesbians, making the public aware of their rights and responsibility. Do I think that the media is meeting my expectations? No, I don’t think so because politically it’s always about the ruling party. The smaller parties are not always mentioned. Issues of gays and lesbians are not well reported. I would like to see more balance: equal reporting about all genders and equal reporting on political parties. Itumeleng Ditshego (20), Johannesburg, South Africa, Student in software development The type of media I would like to see in South Africa is just basically well-balanced media and well-researched stories. I would like to see less speculation. And I would also like the media to showcase what we as youth are doing to push our country forward. I don’t really think they are meeting my expectations the way I would like them to because of all the negatives they portray. I would also like to see positives and how our country is changing for the better, just more human interest in the stories they are putting out, stories that engage with us as people, stories that motivate us, stories that can change our lives. 25th Anniversary of the Windhoek Declaration 12 AfrIcAN free PreSS AfrIcAN free PreSS National security and free expression: Lessons from South Africa Jane Duncan urges journalists and civil society across Africa to research and mount campaigns against increasing restrictions on free speech – in the name of “national security”. National security is a term many governments use and abuse to limit basic human rights, including media freedom and broader freedom of expression rights. In doing so, they increasingly cite the growing number of terrorist attacks in different parts of the world. Yet, there is little basis for Southern African governments in particular to raise the terrorism red flag, as the sub-region has largely escaped the scourge that has plagued countries to the north, like Nigeria, Somalia, Kenya, Egypt and Libya. No country has experienced the kinds of attacks seen in Mali and Burkina Faso recently. None have their own versions of Al Shabaab or Boko Haram. Why the obsession with national security in the Southern African Development Community region then? South Africa offers some important clues to this troubling question. The South African apartheid regime repressed liberation movements on the grounds of national security. The former State Security Council, the highest decision-making body in the apartheid government, was led by a powerful clique of military generals. When the country transitioned to democracy, its founders were determined not to allow national security to be abused again in order to suppress internal dissent. The new constitution’s drafters decided to place the security cluster – consisting of the police, the intelligence services and the military – under democratic civilian control. The police were de-militarised and the intelligence services made accountable to Parliament and subject to investigation by an independent Inspector General of Intelligence. Over the past two decades, however, democratic controls over South Africa’s security cluster have weakened, and there is growing evidence that security forces are being put to anti-democratic uses. The most visible manifestation of this has been an escalation in police violence against public protests – culminating in the 2012 Marikana massacre, when the police shot and killed 34 mine workers during a violent strike and wounded another 78. This event signifies the deadliest use of force against civilians in a single incident by South African security forces in over four decades. re-militarisation of society. A growing layer of democracy-era militarists have argued for a massive increase in the military budget, using the military’s expanded domestic role as a reason. This is despite the fact that the country faces no major threats to its territorial integrity. The once powerful defence industry, headed by arms parastatal Denel, is seeking to re-establish itself as a major economic player. The South African Police Service (Saps) has also shown signs of a creeping re-militarisation, leading to the service becoming more like the military in terms of organisational design, operational functions, institutional culture and martial weaponry, even uniforms. The number of paramilitary policing units has grown, and they have been normalised in a range of domestic policing functions, including public-order policing. There is more and more evidence of security forces being put to antidemocratic uses. At the same time, the public-order police has moved away from a more civilian form of policing to a more militarised one along French lines: a model which, according to sociologist Christian Mouhanna, has intensified rather than discouraged social conflict in France’s public-housing estates (the banlieues). The foreign and domestic branches of the intelligence services were centralised into the State Security Agency (SSA) in 2009. Yet, a 1995 White Paper on Intelligence had warned against centralisation because it made political control over what were meant to be professional services easier. The SSA was formed without the necessary democratic checks and balances, such as sufficient transparency and public accountability. The SSA has a political-intelligence gathering mandate, which means that it can conduct surveillance on politicians within and beyond the ruling party. But this very broad mandate is open to abuse. For instance, the National Union of Metalworkers of South Africa (Numsa) and the United Front (UF) – both involved in the creation of a left alternative to the ANC – claim to have evidence that they have been spied on simply because of their political activities. Social movements have been complaining for over a decade of intelligence harassment. There are also other signs that a process of “securitisation” is under way in South Africa. In other words, the government is treating more and more social problems as threats to national security. Rather than using the civil capacities of the state – such as social welfare departments – to respond to these problems, the state instead resorts to its coercive capacities. In the first years of democracy, the Inspector General of Intelligence played an important role in bringing intelligence abuses to light. However, more recently the Inspector General’s office has been deprived of resources and independence, and there are signs that the government is mounting a power grab on this office in order to appoint an obliging party cadre. The government is increasingly deploying the military jointly with the police on domestic operations. This is in spite of the fact that a 1996 White Paper on Defence strongly discouraged domestic military deployment on the basis that this amounted to the unacceptable The Inspector General has confirmed that the intelligence services use mass surveillance technologies, in spite of a growing body of opinion worldwide that mass surveillance leads to unjustifiable invasions of the right to privacy. Yet, while there are signs of intelligence overreach, these services do not appear to be paying sufficient attention to much more genuine threats to national security, such as the periodic outbreak of xenophobic attacks on African and other foreign nationals who migrate to the country seeking work and safety. In spite of all these worrying developments, democratic controls of the security cluster still remain largely intact. However, there are signs that an increasingly paranoid and authoritarian South African government is using technologies and practices developed during the war against terror to monitor, harass and even suppress perceived critics. Sadly, journalists are among those perceived critics. At least since 2008, the intelligence services have periodically placed journalists from the Sunday Times and the Mail & Guardian newspapers under surveillance, attempting to uncover their confidential sources. Journalists’ sources are drying up, as more of them are too scared to speak in case their identities are revealed through surveillance. Independent investigative journalism on security cluster (mis)doings in South Africa is needed now more than ever. However, the presidency is set to sign a Protection of State Information Bill (the ‘Secrecy Bill’), which will make it extremely difficult to source the facts and information needed for these stories. The bill will require the security cluster to classify information, and anyone found leaking or publishing that information (including journalists) may be jailed. In spite of the massive civil society and media campaign that has been waged against the bill – with some success – the definition of national security and the grounds for classification of information still remain overly broad; the classification and declassification processes lack independence and transparency; and the defences for disclosure of information remain inadequate. The bill is therefore likely to reduce what little transparency exists in this sensitive area of government, which means that abuses could become more frequent. Learning the lessons from “democratic” South Africa, journalists and civil society across the continent need to investigate and mount campaigns against the expansion of security cluster activities and classification of information purportedly in the interests of “national security”. The term is so nebulous that governments can invest it with whatever meaning they see fit, including deployment of the armed might of the state against political critics. National security must be narrowly defined to include only genuine threats to public safety and territorial integrity. With regard to classification, nobody should be lulled into accepting the argument that because an issue concerns national security, information must be kept secret. Only if there is a real and substantial threat of harm if information is released should that information be kept out of journalists’ hands. Most information about security cluster activities does not fall into this narrowly defined category. Over-classification is a routine practice. While the Southern African region is currently largely at peace, things may well not stay that way. The devastating drought caused by the El Niño phenomenon is resulting in mass hunger and thirst. Climate change could turn parts of the region into dustbowls. The persistent instability in the global economy could increase poverty and inequality in Africa. This scenario provides a lucrative landscape for expanding the role of security agencies through sophisticated surveillance technologies. In the absence of transparency and democratic accountability, this expansion could take place unchecked. Violence against women on the net New communication technology can be a blessing. It can also be a curse. Emilar Gandhi takes a look at a frightening aspect: Violence against women via the internet. “You dumb bitch, shut the f*** up!” “I know where you live and I will come and rape you!” “All she needs is a good f*** by a huge d*** and she will forget about this lesbianism!” “This is what you get when you get women in power, a bunch of sluts swapping notes about lipstick!” The list goes on and on. These are examples of vitriol spewed on women’s social network pages and tweets directed at women, especially at women human rights defenders, journalists and bloggers. Over the past two decades, the increasingly rapid advance of the internet into our daily lives has radically altered the consumption, production and distribution of information, and has already played an influential role in shaping political systems. The internet has expanded the ways people learn and communicate, opening a new medium for expression, especially for activists and minorities. It has allowed for the development of a huge scope of media outlets with unprecedented room for the dissemination of messages and information. This development, obviously, has affected women as well, enabling them to express themselves freely and empowering them economically and politically. The open and outwardly free spaces online give the perception of security. However, women are being attacked for using these spaces. Internet violence creates an environment of fear, intimidation, powerlessness and social isolation. The threat of technology-related violence against women - acts of gender-based violence committed, abetted or aggravated, in part or fully, by the use of information and communication technologies - is no longer a secret. In 2013, during the 57th session of the Commission on the Status of Women, an intergovernmental body set up by the United Nations, the Association for Progressive Communications (APC) stated: “Violence against women that is mediated by technology is increasingly becoming part of women’s experience of violence and their online interactions. In the same way we face risks offline, in the streets and in our homes, women and girls can face specific dangers and risks on the internet such as online harassment, cyber stalking, privacy invasions with the threat of blackmail, viral ‘rape videos’ and for young women in particular, the distribution of ‘sex videos’ that force survivors to relive the trauma of sexual assault every time it is reposted online, via mobile phone or distributed in other ways.” Your free paper for press freedom Freedom of expression is a fundamental right protected by international human rights law and an essential ingredient of democracy. In principle, the provisions found in these laws should offer sufficient protection of this right for all. However, acts of technology-related violence hinder women from taking full advantage of the right to freedom of expression because they create an environment of fear, intimidation, powerlessness and social isolation. Online violence against women takes different forms and works in a number of ways: Internet technologies are used to maintain abusive personal relationships and to introduce unwanted sexual contact. Vulnerable groups are lured into sexual exploitation. Community organisations and individuals that promote gender equality are pilloried or threatened. Social media platforms such as Facebook, Twitter and Instagram, as well as emails and cell phone texts, are being used to send messages that intimidate and harass women or to impersonate and write harmful or derogatory messages on behalf of women and girls. Images of women are altered and used in sexual and non-consensual manners. As a result, many women are discouraged from engaging in online activities, including learning and social networking. What can be done? Should such messages be blocked, as some have demanded? Should there be censorship – for a good cause? The presence of pornography on the internet has often elicited calls for stricter policies for monitoring and censoring internet content, including the development of software devices that would track down the creators and consumers of pornographic material. This could be a very slippery slope, though, and invite censorship measures that could very easily be extended to other content areas, thus limiting freedom of expression far beyond the initial seemingly benign intention. Edward Snowden’s information leaks, and subsequent reporting on these by courageous journalists like Laura Poitras and Glen Greenwald, showed that the most powerful national security state in the world can be confronted successfully. Their work has forced reforms to the US’s mass surveillance programme. With a concerted effort by the region’s journalists to turn the national security arena into a dedicated beat, there is no reason why similar victories can’t be won here. Cartoon by Zapiro. All rights reserved. For more Zapiro cartoons visit www.zapiro.com pecially in Africa, more and more women are using social media sites. They not only help women connect beyond borders but also enable them to engage in businesses transnationally, seek out opportunities, take online courses, engage in political and social discourse and be a true part of this global network. Ideally, they help women to realise their right to freedom of expression. Alerting the authorities to instances of technology-related violence against women is a chapter of its own. Incidents often go unreported due to embarrassment, shame and the belief that nothing will be done anyway. Police and government agencies usually refuse to apply the criminal sanctions in existing law to tech-related violence. Unless journalists in Africa join the fight to limit the powers of governments to push the boundaries in this sensitive area, they may well find themselves on the receiving end of security cluster abuses. Jane Duncan is Professor in the Department of Journalism, Film and Television at the University of Johannesburg. She is the author of “The Rise of the Securocrats: The Case of South Africa”, published in 2015. 13 These forms of violence cause psychological and emotional harm, reinforce prejudice, damage reputations, cause economic loss, create barriers to participation in public life, and may lead to sexual and other forms of physical violence. and accessing justice across borders. However, the abuse can be tackled and reduced. Simply identifying harassing users is not enough: It does not put a stop to the violence suffered; it does not give proper redress to the victim; and it does not reduce the chances of future harassment. Instead, Facebook, Twitter and other social media platforms could terminate the accounts of people who misuse their services repeatedly by being involved in instances of online abuse, be those hate messages, violence or privacy violations (“repeat infringers”). Tech corporations have to protect the rights of all users, those who actually power these companies, and take responsibility for their security. So far, they are doing little. In 2013, Facebook and Twitter both came under intense public pressure for failing to take action regarding online violence against women. They defended themselves, citing “free speech” and “humour” as justifications for abusive posts. Should there be censorship – for a good cause? Only after large public campaigns condemned the companies’ inaction and advertisers threatened to drop their spots, Facebook announced it would update its training to address gender-based hate, and Twitter brought in new reporting and blocking mechanisms for its users. However, there is no transparency whatsoever around these measures, and nobody knows what actual effect they may have or promise to have in future. Social media companies take pride in empowering people and creating greater transparency and accountability in the world. They must live up to these ideals and get their own house in order if all users are to profit equally from their services. Emilar Vushe Gandhi is the Africa Policy Coordinator of the Association for Progressive Communications (APC). Technology companies such as Google, Facebook and Twitter must play a major role in combating online violence against women while promoting free expression. Obviously the challenge of acting against online violence is complex given the difficulty of prosecuting abusers While internet access for women still lags far behind that of men, es- 25th Anniversary of the Windhoek Declaration READ MORE: APC statement on technology-related violence against women: www.bit.do/tech-violence-women APC reports: From impunity to justice: Exploring corporate and legal remedies for technology-related violence against women, March 2015: www.genderit.org/VAWonline-research 14 AfrIcAN free PreSS AfrIcAN free PreSS Building trust in the media The general public judge journalists collectively and the unprofessional behaviour of one may affect the public’s opinion of all journalists, says Clement Daniels. Journalists are often referred to as “professionals”, but this term needs to be unpacked in the context of journalism. Unlike other recognised professions such as doctors and lawyers, journalists do not have specific ‘clients’. Their ‘clients’ are the members of the general public who buy newspapers, listen to radio stations, watch television and access news and other stories online. Unlike doctors and lawyers, they do not charge their clients individually. Professionals are expected to have specialised knowledge and skills of a certain and certifiable standard. Journalists come into the job from all walks of life and with all sorts of qualifications and levels of formal or non-formal training. Yet they are still expected to act in a professional manner. Journalists and media houses must analyse the concept of professionalism in the media more thoroughly and decide on the best ways to maintain professionalism and adherence to certain ethical standards – for the benefit of journalists in general and the societies they serve. The general public judge journalists collectively and the unprofessional behaviour of one will affect the public’s opinion of all journalists at the same media house and even “the media” as a whole. Many media houses and media councils have adopted specific codes to enforce ethical behaviour and accountability of journalists. In essence, ethical behaviour means that media practitioners should act with integrity and strive to report accurately, fairly and factually – in the public interest. Journalists must be able to assess facts astutely and select relevant content. They should avoid self-censorship, but at the same time consider the impact and potential harm of publication. Whenever errors do occur, corrections should be published promptly and any person aggrieved by a publication or broadcast should have the right to reply. Journalists should avoid self-censorship, but at the same time consider the impact and potential harm of publication. In a country like Namibia – with a background of enforced apartheid, inequality, political division and civil war – the need for ethical reporting is particularly great, and so is the difference of opinion over what exactly constitutes ethical behaviour. At independence in 1990 there were big ideological differences amongst journalists, and media ownership was predominantly in the hands of the privileged minority. The process of bridging these divides is still ongoing. After years of squabbling, editors of both public and private print and broadcast media united in 2007 to form the Editors Forum of Namibia (EFN), now the leading voluntary organisation concerned with the upholding of professional and ethical standards in the country. The EFN Code of Ethics, adopted in 2009, lists the general principles of ethical behaviour expected of journalists in a constitutional democ- racy (see box). It also addresses the divisive past and encourages journalists to report on the rich diversity of all Namibians and not to focus merely on urban elites. The code is enforced through a complaints procedure that enables the general public to voice their grievances about any alleged unethical behaviour on the part of journalists. These complaints are then dealt with by an independent and objective Media Ombudsman, appointed by the EFN. Of the 17 complaints reported to the Media Ombudsman on average every year, most relate to inaccurate reporting, which could be a result of carelessness and the poor skills of journalists. There are also complaints of unfairness and bias in reporting where a journalist has failed to solicit the views of the subject about particular allegations. Complainants then assume that the journalist in question is unethical and has a hidden agenda. Journalists and the media are important parts of any democratic system, because they check and report on abuses of the powerful and provide citizens with reliable information to make informed decisions and choices. The continuous building of trust in the media by providing a link between the public and journalists through a Media Ombudsman is an important contribution to strengthening not just the profession, but also the very culture of democracy in our country. Clement Daniels is a practising lawyer and the Media Ombudsman of Namibia. Excerpts from the Code of Ethics for the Namibian Media Preamble The Code is the cornerstone of the system of self-regulation to which the industry has made a binding commitment. Editors, publishers and broadcasters must ensure that the Code is observed rigorously not only by their staff but also anyone who contributes to their publications or broadcasts. … 3.2 Newspapers, broadcasters or journalists are entitled to respond to such a reply in so far as to apologise and/or express regret for the error or stand by the story, provided however that the aggrieved party be given sufficient opportunity to counter the response of the newspaper, broadcaster or journalist. 7. Public Interest 4. Conflict of Interest The Code should not be interpreted so narrowly as to compromise its commitment to respect the rights of the individual, or so broadly that it prevents publication or broadcasting in the public interest. 4.1 Newspapers, broadcasters or journalists must at all times avoid conflict of interest in whatever form in their reporting. Ethical Principles 4.2 Personal gain motive should not override media freedom, social responsibility and editorial freedom. 1. Accurate Reporting 5. Sources 1.1 Every journalist shall strive to report news and events accurately, fairly and with balance. Every journalist shall observe confidentiality regarding any source of information and has a moral obligation to protect sources unless the source authorises the disclosure of his/her identity. 1.2 Every journalist is encouraged to engage in investigative journalism for the public good. 1.3 Every journalist shall use all reasonable means within his/her power to ascertain prior to publication or broadcast, the reliability of the contents of any article written or recorded by him/ her for publication or broadcast. Due regard should be given to the possible negative effect to the subject of the article or broadcast. 2. Corrections Where it subsequently appears to an editor that a report was incorrect in a material respect, it shall be rectified without reservation or delay. The rectification should be presented with such a degree of prominence and timing as may be adequate and fair so as to readily attract attention. 3. Right of Reply 3.1 An aggrieved party has the right of reply. Provision should be made for an aggrieved party to reply to an article to protect him/ her against verified factually incorrect statements that tarnish their reputation, dignity and privacy. 6.6 Journalists must avoid publishing or broadcasting details of a person’s race, religion, sexual orientation, physical or mental illness or disability unless these are directly relevant to the story and in the public interests. 7.1 The “public interest” includes, but is not limited to: 7.1.1 Detecting or exposing crime or a serious misdemeanour. 7.1.2 Protecting public health, safety and the environment. 7.1.3 Preventing the public from being misled by some statement or action of an individual or organisation. 7.1.4 Exposing misuse of public funds or other forms of corruption by public bodies. 7.1.5 Revealing potential conflicts of interest by those in positions of power and influence. 7.1.6 Exposing hypocritical behaviour by those holding high office. 6. General Reporting 7.2 In each case where the public interest is invoked, the Media Ombudsman will require a full explanation by the Editor demonstrating how the public interest was served. 6.1 The media should strive to represent social reality in all its diversity, complexity and plurality, and shall strive to redress imbalances in society when reporting on women, children, minorities, and the under-privileged and disabled persons. 7.3 In cases involving children, editors must demonstrate an exceptional degree of vigilance to serve the best interest of the child. 8. Privacy 6.2 The media should not without due care and sensitivity, present facts, opinions, photographs, graphics or scenes that depict or relate to brutality, sadism, salacity, violence, atrocity, drug abuse and obscenity except in the public interest. 8.1 The Constitution recognises the Right to Privacy as a fundamental human right of all persons. 6.3 In reporting or causing to be printed or broadcasted accounts of crimes or criminal cases, a journalist shall not: 6.3.1 Identify victims of sex crimes (this shall not apply when an adult gives consent to be identified); or 6.3.2 Identify any young person accused of a criminal offence who to his/her knowledge is under 18 … 8.2 Insofar as both news and comment are concerned, the media shall exercise exceptional care and consideration in matters involving the private lives and concerns of individuals, bearing in mind that the rights to privacy may be overridden by a legitimate public interest. 6.4 A journalist shall not commit plagiarism. See the full code at www.mediaombudsmannamibia.org/downloads.html 6.5 A journalist shall not promote ethnic or religious discord or violence. Your free paper for press freedom 15 State vs self-regulation of the media in Tanzania The Media Council of Tanzania is fighting an uphill battle on all fronts. But it is gaining ground, writes Kajubi Mukajanga. On 16 January this year, the media fraternity in Tanzania woke up to a rude shock: the two-month-old government of President John Magufuli had permanently banned a newspaper. In an unprecedented move, the government also made sure that the Kiswahili publication, Mawio, would not be brought out electronically. In the past, suspended newspapers had taken the online option. This time, this was not to be. In a terse order published in the government gazette, the Minister for Information, Culture, Arts and Sports, Nape Nnauye, put to use two laws to silence a media outlet: the Newspaper Act 1976 to ban the physical paper, and the Electronic and Postal Communication Act to ensure it could not resort to online publication. In an interview, the minister accused the paper of publishing “incendiary” and “inflammatory” content that put the peace, stability and security of the country at risk. In particular, he cited two recent stories on the tense situation in the semi-autonomous archipelago of Zanzibar. In the words of Tanzania Editors Forum (TEF) Secretary-General Neville Meena: “The minister, who is the ultimate boss, has powers to be the complainant, jury, judge and hangman. And if he bans a newspaper or radio station, the law does not provide a mechanism for appeal.” Ominously, the banning of Mawio coincided with the state regulator, the Tanzania Communications Regulatory Authority (TCRA), issuing notices of deregistration to 20 radio stations and eight TV stations for failure to pay their statutory fees on time. The minister has powers to be the complainant, jury, judge and hangman. Though we have covered a lot of ground since the mid-1990s, when the media landscape in the country was liberalised, there is still a long way to go. And this applies to both the legal and regulatory framework and the performance of the media itself. Ethical challenges for the media do not result only from having a host of untrained or insufficiently trained journalists, or some corrupt editors, but also from a legal regime that enforces self-censorship and the sorry economic state of many outlets. Most media are poorly capitalised and do not pay staff well and promptly, leading to what is commonly referred to as the “brown envelope syndrome”, where media practitioners accept freebies and facilitation from sources. Under such conditions, objectivity, fairness and balance suffer. During the October 2015 general election, major political parties had journalists embedded in their presidential candidates’ entourages, with the parties paying all or most of their expenses. Inevitably, TV, radio, newspaper and online reporters filed stories that at times sounded like cheap propaganda in favour of the candidate they were covering. When a journalist refused to tow the party line, as did a Mwananchi reporter embedded in the campaign of ruling-party candidate John Magufuli, he was asked to stop accompanying the candidate and leave. However, Mwananchi, being the established media house that it is, continued independent coverage of the ruling CCM party campaigns using its stringers and various bureau chiefs in the country. Other ethical lapses that the Media Council of Tanzania (MCT) has identified in its reports over the years include a lack of impartiality in coverage of court cases, where headlines and content tend to convict people who are still standing trial. This shortcoming has been so serious that the MCT and the Tanzania judiciary have started a forum bringing together senior magistrates, judges and editors to discuss professional issues. Since it was established in 2014, two major meetings have been held and a training session jointly organised by the MCT and the judiciary has been undertaken. The MCT has also published guidelines for court reporters. Tanzania’s Chief Justice Mohamed Chande Othman speaks during the 2014 joint forum between Media and Judiciary in Tanzania in 2014. Coverage of gender, children, and the disabled is another challenging area, and the MCT has conducted several training projects and published manuals and guidelines for journalists on these subjects. As a result of these efforts, the Tanzania media has registered noticeable improvement in terms of ethical reporting, as shown in a study commissioned by the Swiss Agency for Development and Cooperation (SDC). However, veteran editor Hamis Mzee, who has worked for both government and private media, insists that “We are not yet there! Despite improvements, independence, truth and even accuracy are commonly contravened.” Dr Ayub Rioba, Associate Dean of the School of Journalism and Mass Communication at the University of Dar es Salaam, decries malpractices such as the reporting of unsubstantiated rumours, sensationalism, stereotyping and “mule journalism”, where reporters or even editors are paid by sources to write or slant stories in their favour. As a means of addressing these challenges, he proposes training and retraining, enhancing self-regulation within newsrooms, including effective post-mortems, and appointing in-house mechanisms that would censure rogue practitioners while rewarding the best, and rooting out unprofessional hacks. Self-regulation has proved quite successful because it is fast, inexpensive and effective. Providing media practitioners with exposure to other African countries with higher standards, paying them well and ensuring they have the tools they need, will also go a long way towards boosting the quality of their work. The MCT will continue to oversee and promote ethical conduct and media accountability and to raise standards and professionalism in the media in line with its mandate. It was established by the media industry in 1995 as a voluntary, independent and self-regulatory body to counter government intentions to set up a statutory body to control media behaviour. resorting to (expensive) court proceedings. This kind of self-regulation has proved quite successful: it is fast, inexpensive and effective, with a compliance rate of 90 per cent in mediated and arbitrated cases. People filing complaints with the Council include senior political and religious leaders (such as a sitting vice-president, former prime ministers and serving bishops), academics, business people, students and others from all walks of life. However, the government has not given up on establishing a statutory body to control the professional and ethical conduct of the media. In 2015 it attempted to rush through Parliament a Media Services Bill that sought to do away with the press freedom gains made in the country thus far. The bill included punitive measures that would have effectively criminalised independent journalism as we know it. Among other things, the bill stipulated hefty jail terms for ethical lapses (a minimum five-year prison sentence), provided for the state licensing of journalists, forced private broadcasters to broadcast the 8 p.m. evening news bulletin of the state broadcaster, made it possible to confiscate assets of offending media houses and granted wide-ranging enter-and-search powers to junior police officers when raiding media offices, including the confiscation of computers and other equipment and material. It took urgent action by all 11 members of the Coalition on the Right to Information (CORI) – led by the MCT – to stop the bill. It was to be presented under a Certificate of Urgency, which waives the public’s right to see and debate a bill before it is passed into law and even curtails the right of Members of Parliament to exhaustively discuss a bill. The struggle for a free, professional and independent media in Tanzania is therefore far from over. Whether we will succeed depends on the speed and capacity of the media to adequately develop the professional and ethical reporting skills of journalists, as well as the ability of politicians to curb their appetites for power and refrain from suppressing media freedom in the country – too often under the guise of curtailing “irresponsible journalism”. Kajubi Mukajanga is the Executive Secretary of the Media Council of Tanzania. On a practical level, the Council acts as an important mechanism to assist the public in adjudicating grievances against the media without 25th Anniversary of the Windhoek Declaration 16 AfrIcAN free PreSS AfrIcAN free PreSS 17 A personal message from Namibia’s Gwen Lister, co-chair of the seminar that crafted the Windhoek Declaration. We had big dreams, so many of us journalists who attended the 1991 United Nations/UNESCO-organised seminar that gave birth to the Windhoek Declaration. We were not yet practiced in the ways of democracy, as governments across the continent were still largely intolerant of freedom of speech and expression. But we were idealistic and infused with a fervent desire to see all of Africa’s media able to speak truth to power. In the 25 years since its historic adoption, and against the background of a media landscape that has since changed dramatically with the digital revolution, there have been a multitude of assessments and analyses about progress made. Unfortunately, most often the state of media freedom in Africa has been characterised by “a one step forward, two steps back” approach. The principles of the Windhoek Declaration on Promoting an Independent and Pluralistic Press are still relevant 25 years after its adoption as political authorities in Africa continue to undermine media freedom in their efforts to control the press. Edetaen Ojo compares the main demands of the Declaration with the reality today and outlines an agenda for the coming years. Nobody really expected to attend a historic seminar when they arrived at the Safari Hotel in the Namibian capital, Windhoek, on 29 April 1991. Among those gathered were 63 journalists from 38 countries all over Africa as well as observers from 23 member states of the United Nations, three intergovernmental bodies, 22 non-governmental organisations and three specialised UN-organisations. Most brutal dictators have either passed on or transformed into more sophisticated and subtle violators of media freedom. Four days later, on 3 May 1991, they made history by adopting the Declaration of Windhoek on Promoting an Independent and Pluralistic African Press, popularly known as the Windhoek Declaration. Since 1993 that date has been World Press Freedom Day, celebrated around the world to raise awareness about the importance of press freedom and to remind governments of their duty to respect and uphold the right to freedom of expression as enshrined in Article 19 of the Universal Declaration of Human Rights of 1948. The seminar was organised at the initiative of the United Nations Educational, Scientific and Cultural Organization (UNESCO), in partnership with the United Nations and in cooperation with the United Nations Development Programme (UNDP), the International Federation of Newspaper Publishers, the International Federation of Journalists and the International Press Institute. The Windhoek Declaration recognised that multi¬party democracies across Africa would “provide the climate in which an independent and pluralistic press can emerge” and welcomed developments in this regard, but its description of the situation at the time was bleak: “In Africa today, despite the positive developments in some countries, in many countries journalists, editors and publishers are victims of repression – they are murdered, arrested, detained and censored, and are restricted by economic and political pressures such as restrictions on newsprint, licensing systems which restrict the opportunity to publish, visa restrictions which prevent the free movement of journalists, restrictions on the exchange of news and information, and limitations on the circulation of newspapers within countries and across national borders. In some countries, one¬-party States control the totality of information.” Many of these challenges continue to plague the media sector in countries across Africa, although on a much smaller scale following the wave of democratisation that has swept across the continent. The key and most quoted principle outlined in the Declaration states: “Consistent with Article 19 of the Universal Declaration of Human Rights, the establishment, maintenance and fostering of an independent, pluralistic and free press is essential to the development and maintenance of democracy in a nation and for economic development.” The Declaration defined “independent press” to mean “a press independent from governmental, political or economic control or from control of materials and infrastructure essential for the production and dissemination of newspapers, magazines and periodicals”, and a “pluralistic press” to mean “the end of monopolies of any kind and the existence of the greatest possible number of newspapers, magazines and periodicals reflecting the widest possible range of opinion within the community.” This principle and the accompanying benchmarks are now widely recognised, not only by governments across Africa but throughout the world. However, the achievement of an independent press in Africa remains a challenge as newspapers in many countries continue to be under the control of governmental, political or economic interests or entities. In other countries, the materials and infrastructure essential for the production and dissemination of newspapers are still controlled by similar interests. The Declaration also proposed as a matter of priority the “establishment of truly independent, representative associations, syndicates or trade unions of journalists, and associations of editors and publishers” in African countries where such bodies did not then exist, to “assist in the preservation of the freedoms” outlined in the document. formed into more sophisticated and subtle violators of media freedom and freedom of expression. There have also been efforts to promote broadcasting freedom, including genuine public broadcasting and independent private commercial and community broadcasting, as well as to ensure independent and transparent regulatory frameworks for the broadcast sector. The African Charter on Broadcasting has been a major advocacy instrument in this regard and much progress has been made in terms of the sheer number and diversity of broadcasters in many countries on the continent. But genuine public service broadcasters and independent regulatory bodies remain hard to find. The third area of work goes beyond the Windhoek Declaration and focuses on efforts to promote the right of access to information for citizens both in law and in practice. At the time of the Windhoek Declaration 25 years ago, no single country in Africa had an access to information law. Today, there are about 17 national laws and a number of regional instruments affirming the right and outlining procedures for its exercise and enjoyment. But with only about 30 per cent of the countries of the continent guaranteeing their citizens the right of access to information and the challenges of implementation in almost all of these countries, much remains to be done. The independence, sustainability and effectiveness of many of the journalists’ unions and associations remain in doubt. Such unions of journalists and associations of editors or publishers have now been established in virtually all the countries of the continent, and so have similar bodies at sub-regional and regional levels operating across and beyond national boundaries. However, the independence, sustainability and effectiveness of many of the national unions and associations remain in doubt. The final area of work has been in recent efforts to promote digital rights and freedoms in the digital age. Internet access is a major challenge for the vast majority of people on the continent. The Declaration also recommended that in view of the importance of radio and television in the field of news and information, a similar seminar of journalists and managers of broadcasting services in Africa should be convened to explore the possibility of applying similar concepts of independence and pluralism to those media. In many countries where internet access is widely available, costs are often prohibitive. Given that access to many government and commercial services is now increasingly dependent on access to the internet and other digital technologies, the challenge has become an urgent one. During the 10th anniversary celebration of the Declaration, held in Windhoek in May 2001, media professionals and freedom of expression activists from Africa and beyond proposed and adopted the African Charter on Broadcasting, which is now a continental reference for the sector. Added to the problem of access and affordability is the violation of human rights online, particularly the right to freedom of expression, the right to privacy in the age of mass surveillance, the rights to freedom of assembly and association, and the right to a fair hearing, to name a few. Over the last 25 years, freedom of expression and media freedom activism has evolved across Africa, targeting four major stages or areas of work. As we celebrate the progress that has been made since the Windhoek Declaration, these continuing challenges provide us with a clear agenda for the coming years. Much effort has been devoted to promoting press freedom in the traditional sense as understood in the Windhoek Declaration. With democracy taking hold on the continent, a lot of progress has been made and many of the most brutal dictators have either passed on or trans- Edetaen Ojo is Executive Director of Media Rights Agenda, an NGO based in Nigeria. Your free paper for press freedom The ethos which drove it inspired similar journalistic demands in other parts of the world, and the sentiments behind it are as relevant today as they were at the time of its adoption. Circumstances may have changed in the intervening years, but the campaign to realise these lofty objectives should be as vigorously pursued now as it was in 1991. Inspired by Namibia’s liberation from the stranglehold of South Africa’s apartheid colonial rule and buoyed up by the promise of a new era in the country’s commitment to human rights, journalistic independence was seen as the way to assert these freedoms and loosen the ties that bound media to state control. Giving voice to these aspirations, the Declaration boldly proclaimed that “the establishment, maintenance and fostering of an independent, pluralistic and free press is essential to the development and maintenance of democracy in a nation, and for economic development”. An environment in which independent, pluralistic and free media, both traditional and online, can thrive remains key to the goal of development. The Windhoek Declaration, although it applied mainly to print media, was and should remain a catalyst for free speech and expression advocates across Africa. The gathering brought together journalists from 38 African countries, many of them viewed as government opponents in their countries of origin. They had paid a high price for their commitment to press freedom. But there were also editors and executives from state-owned media. Wide-ranging and often lively discussions on a range of issues affecting (mainly print) media, and including political, economic and technological constraints, were proof of the journalists’ passion for their craft. History made in Namibia: The Windhoek Declaration of 1991 newed government attempts to “regulate” and deny access, this new environment offers a stark reminder of a draconian past. For all Africans, the dream to assert and practice their rights to free speech and expression in the interests of democracy and progress must come true. While there is more widespread acceptance, including by African governments, of the need for free and independent media, the reality on the ground in many countries shows that impunity for violations of media freedom continues. A vibrant and critical media holding governments accountable is not easily tolerated. Indeed, with millions of citizens now giving voice to freedom of expression online, and re- It’s not just about the media any longer. Across the length and breadth of Africa, voices must continue to ring out to demand the right to free speech and access to information in the interests of promoting informed opinions for viable democracy and progress. Gwen Lister is the Founding Editor and currently Publisher of The Namibian newspaper, which is owned by the Namibia Media Trust. The impact of the Windhoek Declaration All too often declarations remain just that: declarations, pieces of paper filed away and forgotten. Not so with the Declaration of Windhoek on Promoting an Independent and Pluralistic African Press adopted on 3 May 1991, says Henry Maina. the process of encouraging press freedom, independence and pluralism in Africa” and resolved to “extend” such declarations “to other regions of the world”. It also recommended to the United Nations General Assembly that 3 May be declared “International Press Freedom Day”. The UN did so in 1993. The timing was perfect. The winds of change were blowing for a second time after the liberation from colonial rule in the 1960s as many countries in Africa embarked on a democratisation process leading to the end of military and one-party regimes. Until then, independent professional journalism was a rarity and efforts to entrench it came at a huge price. African journalism, in its various manifestations, has largely been worshipful and reverential of authority, primarily as a means of self-protection and remaining economically viable. Since then, 3 May is a date observed every year to celebrate the fundamental principles of press freedom, to evaluate press freedom around the world, to defend the media from attacks on their independence, and to pay tribute to journalists who have lost their lives in the exercise of their profession. While UNESCO leads the worldwide celebrations by identifying the global theme and organising the main event in different parts of the world each year, many parallel national celebrations are also conducted. But the situation has been changing fast, not least thanks to the Windhoek Declaration. In the new spirit of democratisation, the Declaration contributed directly and indirectly to changing the media landscape in Africa. In essence, the gathering in Windhoek marked the beginning of a solidarity movement of journalists, editors and media owners and the emergence of media development organisations across the continent. The Declaration kick-started the liberalisation of media laws in Africa and encouraged many journalists to start independent newspapers. Following in the footsteps of MISA, similar organisations were initiated in Eastern and West Africa with mixed levels of success. The Media Foundation for West Africa has emerged as a strong sub-regional actor on media freedom advocacy. The Media Institute of Kenya and the East African Media Institute took off but became moribund not long after their infancy. Discussions on forming a global coalition started at the Windhoek conference and the International Freedom of Expression Exchange (IFEX) was established a year later. IFEX is now a worldwide actor on freedom of expression. The Declaration left its impact around the globe in other ways as well. In 1992, a UNESCO conference of media practitioners held in Kazakhstan adopted the Declaration of Alma Alta, declaring “full support for, and total commitment to, the fundamental principles of the Declaration of Windhoek”, and acknowledging “its importance as a milestone in the struggle for free, independent and pluralistic print and broadcast media in all regions of the world”. The Declaration of Santiago (Chile), which followed in 1994, expressed the same support. Two years later the Declaration of Sana’a (Yemen) stated that, in line with the Windhoek Declaration, the “establishment of truly independent, representative associations, syndicates or trade unions of journalists, and associations of editors and publishers is a matter of priority”. Finally, in 1997, the Declaration of Sofia (Bulgaria) urged “all parties concerned that the principles enshrined in this (Windhoek) Declaration be applied in practice”. The celebrations on the occasion of the tenth anniversary of the Declaration – also held in Windhoek – were used by activists to propose and adopt a new document that would address issues specific to broadcasting, the African Charter on Broadcasting. The Charter proposes a three-tier system of public, commercial and community broadcasting. The Declaration gained global relevance at UNESCO’s General Conference in 1991 when a resolution “recognised” that “a free, pluralist and independent press is an essential component of any democratic society”. The conference described the Declaration as “a catalyst in The worldwide recognition of the Windhoek Declaration and the solidarity of African journalists made it possible to use both documents as powerful lobbying tools. They kick-started the liberalisation of media laws in Africa and encouraged many journalists to start indepen- The Media Institute of Southern Africa (MISA), an organisation with chapters in eleven countries of the Southern African Development Community (SADC) and which promotes independent and pluralistic media, was formed in 1992. One of its first projects was the establishment of an email alert system to make Africa and the rest of the world aware of violations of media freedom as soon as they occurred – much to the surprise and anger of governments which, up to that stage, had been able to act against journalists without much international attention. Regular conferences were held to share experiences in setting up and maintaining newspapers against all odds. dent newspapers, for example The Post in Zambia in 1991, MediaFax in Mozambique in 1992 and The Monitor in Malawi in the same year. The demand for truly public broadcasters has become a common call around the continent – although with mixed success so far. Community radio stations are flourishing in many countries – even though many struggle financially. The Declaration of Principles on Freedom of Expression, adopted in 2002 by the African Union’s African Commission on Human and Peoples’ Rights, has been influenced by the spirit of Windhoek, especially in regard to broadcasting. Like the African Charter on Broadcasting, the AU’s Declaration recognises the three-tier system and demands that “all state and government-controlled broadcasters should be transformed into public service broadcasters”. The Windhoek Declaration also informed the Midrand Declaration on Press Freedom in Africa, adopted by the Pan-African Parliament in 2013, as well as the Midrand Call to Action on Media Freedom in Africa, also adopted by the PAP in the same year. Twenty-five years after Windhoek, there has been some progress with regard to media freedom in most African countries and the lofty goal features prominently in many an official speech. However, an “independent, pluralistic and free press”, as the Declaration demanded, is still far from being a matter of course. Politicians across the continent remain desirous to control the breadth and depth of coverage that must be given to different issues. They do this through political edicts, calculated deployment of state advertising, complacency when cronies intimidate and attack journalists, and by banning media houses from operating. The media still have to tread a very tight rope lest they be framed as foreign mercenaries or political and economic saboteurs and prosecuted under frivolous pre-independence laws that penalise journalists for publication of false news, sedition, insult and/or criminal defamation. The Midrand Call to Action deplores this state of affairs: “Since the turn of the century the building of democratic institutions in many parts of Africa, and with it the promotion of freedom of expression, has been stagnating, or even regressing, and governments have not lived up to the expectations created by … documents” (such as the Windhoek Declaration or the Declaration of Principles on Freedom of Expression). So, has the Windhoek Declaration now ended up being just another piece of paper, merely of historical interest? No, given the impact it has had over the last 25 years, its legacy lives on. The conferences of Windhoek have proven that journalists can come together in solidarity and change the world, at least the media world. Henry Maina is the Regional Director of ARTICLE 19 in Eastern Africa. 25th Anniversary of the Windhoek Declaration AfrIcAN free PreSS 18 AfrIcAN free PreSS A year in the life of journalists in West Africa Getting away with murder – violence against journalists A report by the Media Foundation for West Africa Across West Africa, critical journalists have had to face parliamentary and judicial enquiries, arbitrary arrests and detentions in 2015. In what appears to be an emerging pattern of attempts at censorship and restrictions on critical reporting, journalists in various countries have had to face questioning by authorities for their reports. appear and clarify a claim they made on the 3 December edition of a radio programme called “Good Morning Salone.” The programme was broadcast on local radio station Radio Democracy. The claim concerned the travelling budget of the Minister of Information and Communications, Alhaji Alpha Kanu. Since the beginning of 2015, 23 journalists from different countries in the region have been summoned or arrested and questioned by state institutions or regulatory bodies. On 10 September, the Clerk of Parliament had summoned Abdul Karim Fonti Kabia and Bampia J. Bundu, Publisher and Managing Editor of Blade newspaper, regarding a satirical article they published on September 1, titled: “SHAMEFUL: Rubber Stamp Parliament.” On 4 December, the Attorney General of Guinea Bissau, António Sedja Man, ordered the cancellation of a scheduled popular programme on a stateowned radio station and summoned the Director General of the state broadcaster to the Ministry of Justice for what he called “a working meeting.” A subpoena dated the same day, signed by the Attorney General, summoned Francisco Muniro Conte and called off the programme which is popular for its frank discussion of topical national issues. However, strong protests from media organisations in the country saved the journalist from further harassment. On the same day, the Clerk of Parliament in Sierra Leone summoned three journalists to appear before Parliament to answer questions. Thomas Dixon and Theo Harding, Managing Editor and Editor of Salone Times, respectively, and Asma James, Station Manager of Radio Democracy, were asked to In Niger, two journalists, Zabeirou Souley, Editor in Chief of Le Nouveau Républicain, and Roufai Dan Doua, Editor in Chief of 90 Minutes, were arrested on 4 November, and questioned by the police following a defamation complaint by the president of the Niger Football Federation. Souley and Doua were released after being detained and questioned for several hours. Earlier, Garba Lompo, the Managing Editor of Canard Déchainé, Oumarou Aliou Modibo, was summoned and questioned at the office of the Public Prosecutor at the Niamey County Court. The questioning followed a 16 March publication of an article on the illegal acquisition of land by the Nigerien Minister of Justice. The editor was later put into custody overnight. Then comes Côte d’Ivoire. On 30 October, Koffi Kouassi Norbert, who writes under the pen name Norbert N’Kaka, was summoned by Sessi Soukou, the Deputy Mayor of Dabou, a town in southern Côte d’Ivoire, to explain his articles about the town that the Deputy Mayor considered unfair. While N’Kaka was with the Deputy Mayor responding to questions about his articles, some youth in the town attacked his home. Prior to this incident, Joseph Gnahoua Titi and Séverine Blé, Managing Editor and Editor in Chief of Aujourd’hui newspaper, were summoned on 28 July by the investigative department of the country’s Gendarmerie to explain a publication about the wealth of Ivorian President Alassanne Ouattara. The two journalists were questioned for nearly five hours by the Gendarmerie. In Senegal, on 28 August, Mamadou Wane, Managing Editor of Enquête newspaper, was summoned to appear before an investigating magistrate and accused of “illegally publishing judicial proceedings before public hearing”. When he appeared, he was charged and put on probation the entire day. His passport was also seized. Still in Senegal, three journalists — Mohamed Gueye, Alioune Badara Fall and Mamadou Wane — were summoned by the police on 14 July. Prior to this, Gueye had been summoned twice by the police regarding a publication on a counterfeiting case involving a musician. The three journalists were later detained. On 1 July, the dreaded National Intelligence Agency (NIA) of The Gambia summoned and interrogated five journalists of The Voice newspaper. The NIA questioned Musa S. Sheriff, Sulayman Ceesay, Bakary Ceesay, Amadou Bah and Mafugi Ceesay and demanded personal information. The Agency requested information about the newspaper’s sources of revenue, how it obtains reports, its aims and objectives, what it stands for and the kind of information the journalists cover. Ghana is no exception. On 29 June, Kojo Yankson, morning show host of Accra-based Joy FM, was summoned by the Privileges Committee of the country’s Parliament. Yankson was summoned along with Professor Alex Dodoo, an academic and clinical scientist. This followed an interview Prof. Dodoo granted Yankson, in which Prof. Dodoo said MPs were ignorant about Ebola vaccine trials. In Guinea, Diallo Souleymane, the General Manager of Lynx newspaper was summoned on 25 and 26 March, and questioned by Martine Condé, the president of Guinea’s media regulatory body, Haute Autorité de la Communication (HAC - High Communications Authority). This followed an article Souleymane wrote on the then newly constituted HAC. The article condemned a violation of Article 7 of the HAC law stipulating that “the President of the HAC shall be elected by his peers under the supervision of the Constitutional Court.” In the case in point, however, the new president and members of the HAC took an oath before a bailiff instead. A month in the life of journalists in Eastern Africa Article 19 Eastern Africa issues a monthly bulletin on the status of freedom of expression in the region. This is the slightly shortened January 2016 edition. Burundi 28 January: Foreign journalist Jean-Philippe Remy and photojournalist Philip Edward Moore, while on assignment for French daily newspaper Le Monde in the capital city Bujumbura, were arrested and detained by police. Pressure from international human rights and media groups including from French Foreign Minister Laurent Fabius meant that the journalists were released the next day. 29 January: Hermes Ntibandetse of Radio Publique Africaine, which was one of the biggest independent stations in the country before being shut down by the government last May, was arrested and interrogated for an hour before being released. Kenya 6 January: Denis Galava, Special Projects Editor at Nation Media Group, was suspended for an editorial deemed critical of the government. The article criticized President Uhuru Kenyatta’s administration, and touched on the issues of security, unemployment, economic stagnation, corruption, and poor leadership. 12 January: Brian Otieno, popularly known as Odhiambo Otieno, was arrested and charged with ‘misuse of telecommunication gadget’. Odhimbo said that three police officers came to the Kenya News Agency offices at Prosperity House building in Kisumu, and arrested him for allegedly defaming a candidate for government on social media. He was then detained at the police station. 19 January: Eddy Reuben Illah was arrested and charged with publishing prohibited material for sharing images of what he alleged were Kenyan soldiers killed in an Al Shabaab attack, via a WhatsApp group. Illah denied the charge and was remanded in custody pending the hearing of his case. 19 January: Cyprian Nyakundi, was arrested and detained for 24 hours after tweeting about a construction company that was linked to Mombasa Governor, Hassan Joho. 21 January: Patrick Safari, a prison warden, popularly known as ‘Modern Corps’, was arrested for posting comments regarding the Al Shabaab attack at the Kenya Defence Force camp in El-Adde, Somalia. He spent the night in the cell being interrogated. His three mobile phones and laptop were confiscated by police. Safari regularly provides security updates via his social media accounts. 21 January: a female journalist was mishandled after she picked up a call from a ‘perceived political enemy’ of the Murang’a Governor Mwan- gi Wa Iria. She was covering a scuffle between Ethics and Anti Corruption Commision officials and the Governor when the anti-corruption detectives went for a search in his house over corruption allegations. 23 January: Yassin Juma, a freelance journalist and blogger was arrested and interrogated over what he had posted on social media about the terror attack on a KDF camp in El-Adde, Somalia, which left an unknown number of soldiers dead. 27 January: Elkana Jacob, of the Star newspaper, was arrested at the Likoni Channel while driving home. He was taken to Makupa police station where police claimed he had illegally photographed the station. Jacob said his arrest was actually due to a story he had published the previous day regarding two police officers who were discharged after they were allegedly caught by President Uhuru Kenyatta taking bribes from motorists. South Sudan 22 January: Innocent Ngbati, a reporter working for the Government owned Yambio FM, was beaten and injured by prison officers as he was taking photos and talking to eyewitnesses at the scene where a police commissioner had been shot dead. Police alleged Ngbati was one of the people who shot the commissioner. Tanzania 15 January: The Tanzanian government permanently banned Mawio newspaper, an independent publication. Announcing the ban, the Minister for Information, Culture, Arts and Sports, Mr Nape Nnauye, said the decision was reached after the newspaper embarked on a series of news articles that, according to him, “had all the indications of inciting violence in the country.” Mawio editors, Jabir Idrissa and Simon Mkina, were summoned and questioned by police about the paper’s coverage of Zanzibar. They were ordered to report daily to a local police station until further notice, said Mkina. He said no formal charges had been made against them. Uganda 7 January: Ben Byarabaha, managing editor of the privately owned daily newspaper Red Pepper, and Dickson Mubiru, managing editor of Kamunye, a privately-owned weekly publication, were summoned and questioned regarding the source of a photograph of the body of a man the newspapers identified as the chief of security for Ugandan presidential candidate Amama Mbabazi. The two editors were released after being held for 24 hours without charge. Media reports said police arrested the editors after they refused to disclose how they got the photograph. Your free paper for press freedom 19 12 January: Mulindwa Mukasa, a journalist and human rights activist, had his house broken into and laptops, two video cameras, a mobile phone, three harddrives, and 500 000 Uganda shillings taken. According Human Rights Network for journalists (HRNJ-Uganda) the intruders forced open Mukasa’s back door while he was asleep. Mukasa was quoted by HRNJ-Uganda saying “These were not ordinary thieves. It was a highly sophisticated intrusion into my house which I believe did not last long. They were interested in items where I store my information. They specifically went for information gadgets and ignored items that I would expect an ordinary thief to carry such as TV, radio and even a brand new (boxed) home theater system among other things”. The practice of journalism in Africa is not for the faint-hearted. Journalists are intimidated, attacked, jailed, beaten up or killed for doing their job. Eighty-two journalists were murdered between 2012 and 2015 alone. Most of these murders have gone unpunished. Gabriel Ayite Baglo explains why. Violence against journalists on the continent has a long history. Before the 1990s, most media outlets were state owned, and very few journalists were engaged in independent journalism. One-party systems and dictatorial regimes did not tolerate dissent or scrutiny. They went to some lengths to stifle independent voices, from persecution of individuals right up to attacks with heavy weapons on media buildings, shutting down entire operations and sending many journalists into exile. rica. In recent years religious extremism, in particular Islamic fundamentalism, and tribal hatred have added more fuel to this toxic mix. During the Rwandan genocide of 1994, more than 100 Rwandan journalists were reported murdered in the space of three months. Their colleagues in Algeria were caught up in the midst of an Islamist terror campaign between 1993 and 1996, which left 58 killed and forced many more into exile. Media practitioners have been in the sights of extremists in countries like Somalia where at least three journalists were killed each year over the last decade. A major clampdown on independent media in Eritrea has led to the disappearance of a dozen journalists since 2001. About 20 were jailed – their whereabouts unknown. They have been held incommunicado for the last 15 years and are feared dead. Many victims have been recorded in South Sudan, the youngest nation on the continent, which has been engulfed in a bloody civil war since December 2013, two years after gaining independence from Sudan. Protecting the safety of journalists is not only an African issue – it is a worldwide concern. In most countries, space was opened up in the early 1990s for political opposition. Fundamental rights, such as freedom of expression, were increasingly respected – either after a long liberation struggle or because new cash-strapped governments had to accept certain conditions in exchange for financial assistance from Western countries. The new situation made the emergence and development of private media possible. This provided serious competition to state media, which had long kept the monopoly on information in the hands of the ruling elites. The scene was then set for a hot pursuit of political power by governments and opposition groups, whether armed or not, with journalists trapped in the crossfire while reporting events and holding each side to account. Those vying for political domination and control of wealth and resources were rarely prepared to accommodate critical or independent reporting. Violent extremism, political upheaval, lawlessness and intolerance to media scrutiny have been taking a heavy toll on the profession in Af- Very few cases have been brought to court. One exception was the murder of Carlos Cardoso, editor of the Mozambican newspaper Metical, killed in 2000 in Maputo after publishing investigative reports on corruption at a Mozambican bank. Six culprits were convicted in 2003, including Anibal dos Santos Junior, who was sentenced to 30 years. The son of then President Joaquim Chissano was charged and accused of being the mastermind. He died before the trial. Most perpetrators of atrocities against journalists are getting away with murder. Governments may have no interest in investigating such crimes or be implicated themselves. To end this impunity, a number of media organisations have supported families of victims at regional and continental courts. And they have had their victories. In 2014, ten years after the murder of Gambian journalist Deyda Hydara, the Court of Justice of the Economic Community of West African States ordered the Gambian government to re-open its investigation. In the same year, the African Court on Human and Peoples’ Rights found in the case of Burkinabe editor Norbert Zongo, murdered in 1998, that the Burkina Faso government had not seriously investigated the crime and showed no will to hold the killers to account. The court also said that the killing of a journalist was a method of intimidation that should not be tolerated anywhere. UNESCO’s Guy Berger outlines how it is meant to work. The key to stopping attacks on journalists is to end impunity for the perpetrators committing these crimes. On behalf of the international community, Irina Bokova - UNESCO’s Director-General - publicly condemned a total of 178 killings of journalists worldwide over 2013 and 2014. Of these, 23 were murdered in sub-Saharan Africa. If those who want to silence journalists violently foresee there will be consequences, they are likely to think twice. The state can and should make an example by investigating and prosecuting these killers. 17 January: Galiwango Ronald, of the privately-owned station NTV; Kenneth Oryema, of the privately-owned daily New Vision; Ernest Kyazze, from the privately-owned daily Bukedde; and Julius Ariong, correspondent for the independent Daily Monitor in Moroto were assaulted by George Obia, the Moroto district police commander. Media reports said the four reporters went to cover an alleged road block, set up by police to prevent an opposition presidential candidate from reaching his supporters in Nadiket. Obia threatened the journalists and ordered them to hand over a camera. Their equipment was damaged according to reports. It does not have to be that way. African stakeholders can do more to join the growing momentum of the United Nations Plan of Action on the Safety of Journalists and the Issue of Impunity, endorsed by the UN’s Chief Executive Board in 2012. 2 November – the International Day to End Impunity for Crimes Against Journalists – has been proclaimed by the UN as a special day to call on governments to ensure proper judicial process for slain journalists. The Plan aims to make the world a safer place for journalists in both conflict and non-conflict situations. Its steps include helping countries develop laws and systems that protect journalists through cooperation between governments, media houses, professional associations and NGOs on this key issue. In terms of the UN Plan, governments should also respond to killings by publicly condemning these attacks. They have a duty to send out a strong message that it is unacceptable for anyone to be violently attacked as a result of exercising their right to free expression. 20 January: Endigyito FM ceased broadcasting after the Uganda Communications Commission (UCC) revoked the station’s licence, and confiscated its broadcasting equipment only a day after the station aired an interview with opposition presidential candidate Amama Mbabazi. Media reports indicated that the UCC director initially said the station’s licence was suspended because it owed licensing fees. However the station’s owner, Nulu Byamukama, said he had paid the outstanding fees in full following the suspension of the station’s licence. Protecting the safety of journalists is not only an African issue – it is a worldwide concern. In 2015 alone, 112 journalists were killed in the line of duty around the globe. To help stop such killings, UNESCO developed a United Nations Plan of Action on the Safety of Journalists and the Issue of Impunity in 2012. This plan is meant to rally support and forge broad coalitions among journalists, media companies, governments, media freedom groups and other civil society organisations as well as the international community. Violent attacks on journalists and the media are not just punishable crimes. They are also attacks on the right of citizens to full and accurate information on public affairs. It is therefore in the interest of each and every member of society that journalists must be able to do their job freely, safely and without fear of persecution from whatever quarter. Gabriel Ayite Baglo is Director of the Federation of African Journalists (FAJ). UNESCO developed a United Nations Plan of Action on the Safety of Journalists and the Issue of Impunity in 2012. Making Africa safe for journalism: The Plan 15 January: The government announced that journalists without a university qualification will be barred from covering Parliament. The communication manager for Parliament defended the decision, saying journalists with degrees are the ones who can ably follow debate in parliament and report appropriately to the public. 18 January: Ali Golooba Lukuuba, a journalist for Radio Buddu, a privately-owned station based in Masaka, was beaten, and his equipment confiscated by security guards while covering a function by local politician Hajji Muyanja Mbabaali. Media reports said Lukuuba was accosted by six security guards, who asked him why he was recording their candidate. The men then hit and kicked the journalist, and confiscated his equipment. Lukuuba said even after identifying himself as a journalist and showing them his ID, they continued beating him. The Federation of African Journalists (FAJ) has been waging a campaign at all levels of governance on the continent and among African Union organs to ensure that the safety of journalists and the issue of impunity for crimes targeting journalists are placed high on the political agenda. Thanks to this campaign, the African Commission on Human and Peoples’ Rights in 2011 adopted a Resolution on the Safety of Journalists and Media Practitioners in Africa. The document calls on governments “to fulfil their obligation on preventing and investigating all crimes allegedly committed against journalists and media practitioners and also to bring the perpetrators to justice”. It urges “all parties involved in situations of armed conflicts to respect the independence and freedom of journalists and media practitioners to exercise their profession and guarantee their safety and security in accordance with international humanitarian law”. Even governments who fear free expression have a stake in stopping attacks on journalists because they need two things: • credible and independent information to make decisions – it’s not smart to rely only on your own public relations; • actions to show that the state is in charge and that it will not tolerate extra-judicial attacks and killings. While many states seek to justify the jailing of journalists, none can publicly condone fatal attacks against journalists. The rule of law has to prevail if a state wants to demonstrate it is a credible and legitimate factor in society. After all, each state seeks to command respect as a central authority. Some governments may have the political will to deal with the problem, but lack the capacity to take effective action, while others indeed exercise effective state power, but lack the political will to defend journalists. In the first case, the UN Plan offers capacity-building assistance to the state; in the second case, the Plan underlines the need to sensitise the political leadership through advocacy and awareness-raising. Then there are those places where neither political will nor capacity can be found, such as countries or areas ravaged by war and civil conflict. In these cases, the UN Plan calls for training of journalists, and the documenting of attacks against them so that effective judicial process can occur at a later stage. The Plan also encourages all states and civil society to play a role in monitoring and reporting killings of journalists and the issue of impunity. In Africa, according to the 2014 UNESCO study, World Trends in Freedom of Expression and Media Development, Eritrea, Nigeria and Tanzania responded to the official UNESCO request for information on the killing of journalists dating back to 2007. A number of African states have also co-sponsored relevant UN resolutions in this regard in the past three years, including Benin, Botswana, Burkina Faso, Cabo Verde, Chad, the Central African Republic, Ghana, Kenya, Mali and Nigeria. But there was no response to the UN’s request for official information from Angola, Cameroon, the Central African Republic, both the Democratic Republic of the Congo and the Republic of Congo, Guinea, Kenya, Mali, Rwanda, Somalia, South Sudan, Sudan and Uganda. African countries can therefore do more to respond and also more to support international resolutions on the safety of journalists. On a more practical level, people leading mainstream and community media can also play an important part in campaigning to end impunity. And, at a minimum, each company needs a safety policy. Unions, NGOs, community-based organisations and academics can help with training, research and awareness-raising. Through action and co-operation, African stakeholders can make progress on safety for journalism. It has happened in Latin America and Eastern Europe; it can be done in Africa. Guy Berger is the Director of UNESCO’s Division of Freedom of Expression and Media Development. 25th Anniversary of the Windhoek Declaration 20 AfrIcAN free PreSS AfrIcAN free PreSS 21 National broadcasters in Africa: The politics of non-reform The rise and fall of public broadcasting in South Africa The transformation of state broadcasters into public broadcasters as envisaged by the African Charter on Broadcasting has failed. Hendrik Bussiek examines why and what can be done about it. For over a decade, the SABC shone as a beacon for what public broadcasting can do for African democracies. Not anymore. Sekoetlane Jacob Phamodi explains why. Again, it was the 1991 Windhoek Declaration on Promoting an Independent and Pluralistic Press that set the agenda. It recommended the convening of a seminar “to explore the possibility of applying concepts of independence and pluralism” to radio and television. This was very careful wording, indeed, and the matter – or should we say the hot potato? – of broadcasting reform stayed on the to-do list for a while. It was only in 2001, when freedom of expression organisations from all over Africa met again in the Namibian capital on the sidelines of a UNESCO world conference celebrating the 10th anniversary of the Windhoek Declaration, that a group of 20 broadcast activists took up the challenge. After three days of work, they proposed to the conference an African Charter on Broadcasting, which was vigorously debated and then adopted. The Charter calls for independent regulation of broadcasting, the recognition of community broadcasting – and the transformation of state broadcasters into public broadcasters. A year later the African Commission on Human and Peoples’ Rights included most of these principles in its Declaration of Principles on Freedom of Expression in Africa. Has the Charter made an impact? Yes, as far as the flourishing of community radio is concerned. Mostly “no” in regard to independent regulation, and a definite “no!” when it comes to public broadcasting. That needs to change, urgently. While most national broadcasting organisations nowadays prefer to call themselves “public services”, in essence they remain what they have always been: state broadcasters. And in spite of their diminished reputation they are still a force to be reckoned with. As things stand, only national, state-controlled broadcasters have the potential to satisfy the needs of the broad majority of the population in most countries in Africa for the provision of news, education and entertainment. They dominate radio and television services in all Most national broadcasters remain what they have always been: state broadcasters. aspects: with regard to technical reach, diversity of languages (with those of the former colonial powers dominating television) and popularity in terms of audience ratings. They are usually the only broadcaster in the country with a nationwide network for both radio and television transmission, including services to remote rural areas. All of this makes the existing national broadcasters indispensable – but not necessarily popular. Surveys show that a majority of citizens are dissatisfied with their national broadcasters. They regard them as government controlled, designed to convey the government’s view of things, and to protect and advance government interests. They lack credibility – perhaps the most important quality for any successful media. Government control over national broadcasters is evident both in their manner of organisation and in their content. Their governing organs (board and management) are appointed largely or exclusively by the government; they are owned, supervised and maintained by the government and often run as government departments, with employees having the status of civil servants. National broadcasters are thus seen as organs in the pay and service of the government rather than institutions meant to serve the public and the community. In their coverage of current affairs they focus mainly on official events and the activities of state and ruling party figures. The voices of representatives of the powers that be and influential politicians always feature prominently while those of the opposition and ordinary citizens are largely absent. The different ideas, beliefs and interests of the nation’s diverse social, political and cultural sectors are not reflected in an equitable and inclusive manner. of non-reform”, bar perhaps a few cosmetic changes so as not to lose all credibility. The concept of public broadcasting has been tarnished greatly by the performance of national broadcasters that are public in name only. Nevertheless, a study on broadcasting in eleven countries of Africa, and largely representative of the continent, showed that the overwhelming majority of civil society representatives and media practitioners, even many (mostly opposition) politicians interviewed, were passionate about the idea of public broadcasting. There is also general support for the demand in the Declaration of Principles on Freedom of Expression in Africa that “state and government-controlled broadcasters should be transformed into public-service broadcasters accountable to the public”. For those in power, the status quo is certainly preferable to the prospect of opening up a space for critical voices or relinquishing control over a state-owned and controlled broadcaster, a convenient tool to be used as the government’s mouthpiece to publicise its projects and programmes and help to ensure the incumbents’ stay in power. Opposition politicians may and do complain openly about this favouritism and will then, if available and accessible, use private media to put across their own messages – hoping to get into the driving seat in future and then put the state broadcaster to their own use. All supporters of the concept envisage a broadcaster that will truly serve the interests of the public by reporting on events fully and impartially, by offering a credible forum for democratic debate, by empowering and inspiring citizens, not least the poor and marginalised, and by providing varied programming for all interests, including minority audiences. National broadcasters are seen as organs in the pay and service of the government rather than institutions meant to serve the public and the community. Over the years there have been many calls by journalists and civil society groups to transform existing state broadcasters into public broadcasters and some cautious attempts have been made. In South Africa, where a public broadcaster was officially created and prospered for a while as part of the new democratic dispensation after apartheid rule, the clock has largely been turned back over the past 15 years. In quite a number of countries, state broadcasters themselves have become aware of their questionable roles in what profess to be democratic societies, including the increasing loss of audience trust and the devastating effect this might have on their future in a competitive environment. A few have tried to reform their organisations from within. In some countries, such as Kenya, tentative steps taken by a newly appointed managing director to professionalise the national broadcaster and to restore a sense of balance in the newsroom did not go down well with some politicians. These actions marked him as an outsider and no longer one of their own. This is a risk that many are reluctant to take. Another obstacle to transformation is the constant pressure of trying to cut costs or even being expected to make a profit. In effect, therefore, the ostensibly public broadcasters see themselves as commercially driven broadcasters with a public mandate. Financial considerations often trump the commitment to professionalism or public-service values. Many observers of the media scene are also concerned about the role played by the major media houses, which appear to be quite content with the current, regulated state of affairs and the space they have managed to carve out for themselves and their often flourishing operations. This makes them hesitant to engage over the issue of far-reaching reforms: a more attractive national broadcaster could become an unwelcome (additional) competitor. What can be done to get things moving? A first step would be to follow the example of concerned citizens in some African countries who operate sustained campaigns for the attainment of genuine public broadcasting. National freedom of expression and community activists should form pressure groups with other civil society organisations which are natural allies in this struggle. Faith communities, trade unions, student organisations, anti-corruption campaigns, artists, charities, community-based organisations, environmentalists and development communication groups – all of them will profit from making their voices heard, not just via fringe media, but over the nationwide broadcaster. They should be brought together for workshops or online fora to discuss what they really expect from their national station. This should be followed up with concrete activities. Setting up a national broadcaster “watchdog” could be one idea: such a group would monitor and analyse the performance of the national broadcaster over a certain period of time, both in terms of management and programme output, in particular news and current affairs programmes. Many politicians regard independent media as a nuisance at best or as inherently hostile. This could lead to campaigns based on real evidence and not only on incidental grievances. As a means of long-term monitoring one could set up an alert system via email and social media, to expose examples of the abuse of power by the national broadcaster. The tools to promote change are there. All that’s needed to use them is the political will of activists to start rallying the support of media practitioners and, above all, the general public. Waiting for politicians to do the job is no option. The SABC was being commercialised and politicised at the same time – a toxic combination. Ten years ago the façade of the dream public broadcaster of the new dispensation cracked for all to see. It was discovered that the SABC had blacklisted a number of reporters, analysts and commentators who held views that were inconsistent with those of the ANC. Since then, and as a result of direct and piecemeal political and legal interventions by the ANC-led government, the SABC has seen the rapid escalation of its on-going crisis of independence and credibility. We really enjoyed them, for a while, the programmes of the new South African Broadcasting Corporation (SABC) before and after the country’s first democratic elections in 1994. They tuned into the major issues occupying the lives and conversations of ordinary citizens and helped us see and understand what was happening in our country, on the continent and in the wider world. Under the leadership of men and women who not only understood, but were deeply passionate about using the power of mass communication to transform our society, the public broadcaster delivered what it was supposed to: professional news bulletins, lively and controversial debates, socially relevant soap operas, crisp satire, investigative journalism, brilliant documentaries and quality entertainment. The best talent in journalism, showbiz and film production all lined up to become part of the team. The SABC shone as a beacon for broadcasters on the continent for what public broadcasting can do for African democracies. We were proud of it – at least for a decade. Up until 1990, when the liberation struggle entered the phase of negotiation with the release of Nelson Mandela from prison and the lifting of the ban on the African National Congress (ANC), the SABC was a mighty propaganda tool firmly held and wielded by the nationalist, racist white government. This needed to be changed. During the period preceding the historic 1994 election, activists from the Campaign for Open Media (COM) took the lead and engaged with the ANC, other opposition political parties and progressive civil society organisations over the urgent need to transform the SABC into an independent broadcaster. The timing was vital because a non-partisan public broadcaster was an essential ingredient of a free, fair and open election. Chances were good for a simple reason: It was in the interest of the ANC that the ruling National Party (NP) should not have control over the SABC in the long run-up to the elections; and it was in the NP’s interest that the ANC should not gain power over the broadcaster after the elections. Cyril Ramaphosa, then Secretary-General of the ANC and now Deputy President of South Africa, showed the way when addressing the Campaign in 1992: “The ANC believes that unquestioning loyalty by a public broadcaster to a ruling party is incompatible with democracy. The ANC is committed to public broadcasting which is independent of the government of the day and which owes its loyalty not to any party, but to the population as a whole”. When the ANC was elected to power in 1994, new policies were put in place to guarantee the SABC’s independence as a public broadcaster. One of the key achievements was the introduction of an independent and open process for the appointment of the SABC board with as much popular participation as possible. Office bearers with the government or political parties were not allowed to serve on the board. In 2008 the SABC was bankrupt. It was rescued only by a substantial government guarantee that allowed it to borrow from commercial banks. Five years later the Auditor General attested that its books were still in disarray. In 2014 the Public Protector (Ombud) described the continuing financial mayhem and failure of corporate governance at the corporation as “pathological”. The appointment of a Chief Executive Officer and other group executives after approval by the Minister of Communication was the first overt step towards direct government control over the affairs of the public broadcaster since the fall of the apartheid regime. The current minister is now trying to introduce legislation that would also see direct ministerial control of the appointment of the SABC’s non-executive board members, thus returning the SABC to the status of state broadcaster it had when South Africa was still under apartheid rule. These policies worked – for a while. In 1996, the SABC invited business consultancy McKinsey to look into its management. And these consultants did what they usually do: they concentrated on the most efficient and cost-effective way of doing things. The SABC gradually changed into a commercially oriented enterprise with less and less emphasis on its public broadcasting mandate. New legislation was passed in 1999 and the SABC was converted from a corporation in its own right into a company with the government as its sole shareholder – SABC Ltd. This was to give the state more oversight in financial matters and thus prevent future financial crises. On this occasion, the clause excluding political office bearers from board membership was quietly dropped. Things went downhill from there. The corporation became a commercial public broadcaster. The shareholder – the ministry – interfered in management decisions under the pretext of ensuring correct use of taxpayers’ money (although only a very small percentage of SABC revenue comes from the state budget). The ruling party increasingly flexed its muscles when it came to important appointments. It used its majority to push through members of the board sympathetic to the party and “deployed” (the official term) its people in top management positions, often without regard to their professional qualifications. South Africans see and hear the effects on air every day: Opposition voices and reports on scandals implicating the ruling party, and the State President in particular, are sanitised or censored. An informal “good news” editorial directive was introduced to ensure an emphasis on positive stories. The culture of professional, independent public broadcasting in the corporation has almost completely fallen by the wayside. The downward spiral has been both rapid and cyclical, with the same problems cropping up repeatedly. Organised civil society groups, such as the SOS Support Public Broadcasting campaign as well as concerned members of the public, find themselves making the same statements in response to the same issues and raising the same alarms over and over again, at times almost immobilised by sheer disbelief at the outright lack of political will on all levels (from board to parliament) to get things right. But, frustration aside, this is exactly what SOS will continue to do. Our dream public broadcaster – independent, empowering, open for all – is well worth the fight. We know because it’s been within our grasp, not so long ago. Sekoetlane Jacob Phamodi is the Coordinator at SOS: Support Public Broadcasting Campaign in South Africa. Hendrik Bussiek is an independent media researcher and consultant. All too often activities on the part of civil society to help bring about the desired transformation have been sporadic, merely reactive or confined to repeated complaints, with few suggestions or model solutions put forward on how to resolve the problems. Media issues in general and their impact on individual citizens’ rights are not always well understood or high on the agenda of civil society – unless there are glaring and sustained breaches of media freedom (as in Zimbabwe, for instance), or concrete threats to newly won liberties or guarantees of independence that people have learnt to value (as in South Africa). Many politicians do not have any real appreciation of the role of the media and the fundamental importance of media freedom in a democratic society; they regard independent media as a nuisance at best or as inherently hostile. As a result, they lack the political will to tackle media reforms and instead pursue what is aptly termed “the politics Your free paper for press freedom African Charter on Broadcasting 2001 READ MORE: Public Broadcasting in Africa Series – An Overview http://bit.do/public-broadcasting-africa The section pertaining to public broadcasting: 1. All State and government controlled broadcasters should be transformed into public service broadcasters, that are accountable to all strata of the people as represented by an independent board, and that serve the overall public interest, avoiding one-sided reporting and programming in regard to religion, political belief, culture, race and gender. 2. Public service broadcasters should, like broadcasting and telecommunications regulators, be governed by bodies which are protected against interference. 3. The public service mandate of public service broadcasters should clearly defined. ming, public service broadcasters should be required to broadcast minimum quotas of material by independent producers. 4. The editorial independence of public service broadcasters should be guaranteed. 7. The transmission infrastructure used by public service broadcasters should be made accessible to all broadcasters under reasonable and non-discriminatory terms. 5. Public service broadcasters should be adequately funded in a manner that protects them from arbitrary interference with their budgets. 6. Without detracting from editorial control over news and current affairs content and in order to promote the development of independent productions and to enhance diversity in program- 25th Anniversary of the Windhoek Declaration READ THE FULL DOCUMENT: http://bit.do/african-charter-broadcasting 22 AfrIcAN free PreSS AfrIcAN free PreSS 23 Campaigning in the digital age Press releases, resolutions, workshops and demonstrations are all tried-and-tested tools in campaigns for freedom of expression. But, says Grace Githaiga, there are additional ways now to rally support. Freedom of expression activists have time and again used traditional media as a strong voice in openly condemning infringements of the right to free speech, corruption or other vices in society. However, in the digital age, we need to embrace more platforms for mobilisation. Campaigners are now adopting social networking, mobile phones, blogs, wikis and a range of other innovations to make the desired impact. It is important for activists to be aware and understand the potential of the new tools available online, especially social media platforms, to promote freedom of expression. Social media platforms are changing the ways people interact in all areas of life, and yet when we consider social media, it is first and foremost social – a place to interact aimlessly, to chat about nothing, to enjoy companionship and to link up with old friends and renew family ties. The term social media, however, is something of a misnomer, because it is as much a place of economic activity and political leverage as it is a site of gregarious companionship. For example during the Arab Spring, Facebook and Twitter were used to mobilise and organise demonstrations, while in Iceland they helped to engage citizens during the drafting of their new constitution. Bloggers have also used online platforms to challenge social injustices and abuses, and to galvanise support around an issue. Social media allows for interactions and establishing connections. It eliminates problems of physical accessibility, making it possible to address different audiences in different geographic areas all at once. Social media platforms therefore give freedom of expression campaigners a chance to engage in dialogue instead of simply targeting information to specific audiences. Furthermore, social media has the potential to reach big numbers of people, increase support and, for example, collect signatures for a petition. Community radios: game-changers in Africa’s media landscape Community stations have made a profound change in people’s perception of radio. They empower citizens by making them both producers and consumers of information, writes Dumisani Moyo. But they still face serious challenges. Since the passing of the Windhoek Declaration 25 years ago and, in particular, the African Charter on Broadcasting in 2001, the number of community radio stations in Africa has skyrocketed. In 1985, the World Association of Community Broadcasters (AMARC) counted fewer than ten independent radio stations on the continent. Today, South Africa alone boasts 156 community radio stations and the Democratic Republic of Congo an amazing 450. The campaign for a three-tier system of public, commercial and community broadcasting as envisaged by the Charter on Broadcasting yielded widespread regulatory and policy reform in the broadcasting sector, with most countries having ended decades of state monopoly broadcasting by the turn of the century. Community radio in many ways became a critical game-changer on the continent’s media landscape: for the first time we had a medium that directly catered to the interests and needs of Africa’s voiceless majority rural populations. Underpinned by the three core principles – community ownership and management, non-profit status, and community participation – community radio stations have helped overcome the communication challenges that most countries on the continent faced, and often still face today. Those include poor road, telephone and electricity networks that leave millions in hard-to-reach rural areas cut off from the rest of the country. Unlike mainstream national or commercial radio stations, community radio provides new opportunities for participatory and horizontal forms of communication. It thus empowers citizens by making them both producers and consumers of information – rather than mere listeners. At the same time, these stations help promote diversity at the broader national level. They allow communities to engage in dialogue and ad- dress national issues that affect them. They serve both geographical communities and communities of interest, and act as platforms where discussions are held on local issues including gender equality, health, education and agricultural challenges, and income-generating projects. Their ability to reach a large number of marginalised communities in their local languages, and to do so from a community’s own cultural and tradition perspective, allows the stations to play a pivotal role in promoting citizen participation in democratic and developmental processes. Where public broadcasting is weak, as in most countries on the continent, community radio stations have taken over that role – informing, educating and entertaining local communities. For the first time we had a medium that directly catered for the interests and needs of Africa’s voiceless majority rural populations. Community radio has also helped many communities, especially those in border areas, experience, perhaps for the first time, a sense of belonging to the broader “imagined community” of the nation-state they are a part of. Beyond the usual developmental and democracy-building functions, community radio has also been a critical tool in peace building in post-conflict communities. The evolution of the community radio sector has been accompanied by some exciting innovations, most of which have enhanced the potential of this medium. Radio listening clubs connect isolated rural communities with officials, bold programming promotes transparency, accountability and good governance, education programming enhances school performance in under-resourced schools, and radio can be become an instant messaging system in the wake of a natural disaster. With increased access to the internet, more community radio stations are using this resource to download critical information on health, development, agricultural markets and prices, and other topics to share with their audiences. They have become intermediaries in opening up the internet to communities that would otherwise not have access. In countries such a Mozambique, community radio stations have been equipped with multi-purpose telecentres that enable easy internet access. In others, there have been experiments with interfacing community radio with mobile phones both as receivers and as tools for linking audiences directly with stations. This has the potential to revolutionise both listening and participation habits. Community radio stations have also enabled small and medium-sized enterprises to boost incomes through radio advertising at affordable prices. Remarkably, while technological innovations are moving at breakneck speed, they tend to complement what these services offer rather than spell the death of radio. The enabling environment for community radio varies from country to country, and is often dependent upon the levels of democratisation and tolerance for a diversity of opinion. In some countries community radio stations have been well received, with governments creating the necessary regulatory and policy frameworks for their licensing and operation, such as in South Africa and Mali. But in others, there has been disinterest, mistrust and even hostility towards the very idea of community broadcasting. Where governments have reluctantly given in to external pressure to issue community radio licences, there have been strict regulations prohibiting news programming (as in Niger) or, more broadly, any discussion of “politics” (as in Zambia). Some stations have tried to push the limits – but not without consequences (Zambian community radio stations have often been shut down for addressing political topics). In some countries, fear of the unknown among authorities has led to a very tightly controlled licensing regime, with licences given to trusted party loyalists, such as in Rwanda and Uganda. In others, the regulatory institutions responsible for licensing lack autonomy. They are • Continued on page 23 Your free paper for press freedom Campaigners should use Facebook, a platform that allows them to reach many people. With an estimated 1.5 billion users all over the world (125 million in Africa), it offers an entry point for campaigners to communicate with citizens on a platform that is already familiar to many. In addition, connecting there is free. In addition, tweeting a message via Twitter to organise action allows one to reach a large number of supporters instantly and affordably. Campaigners should create a hashtag symbol # before a relevant keyword or phrase (no spaces) that identifies the campaign (say #freedomofexpression2016) and then use it in each tweet related to that topic. Creating a hashtag for a campaign will allow users to contribute in various ways, as well as make it easy to search for tweets about the campaign. Any click on a hashtagged phrase or word in a message gives an idea on the thinking behind the tweets since it pulls up all those containing that hashtag. Twitter messages should be brief and focused and target the right people, for example by using the @ sign before a Twitter name, such as @president, @minister, @mobileserviceprovider or whoever the campaign is directed at. Creating a blog to allow supporters to debate, comment, or contribute their views on an issue is another approach that campaigners should use. In addition, other digital tools can come in handy: mobile phones can stream directly to the web if, for example, freedom of expression activists are being arrested by police. Digital cameras can be used to document ill treatment; text messaging can mobilise supporters of the campaign. The online community all by itself, however, will not be effective without the offline world. Masses of followers on Facebook should be accompanied by masses on the streets, if necessary. It will be important to forge coalitions, partnerships and alliances. These might be multi-stakeholder in nature, depending on what the freedom of expression concern is. It is crucial for campaigners to bring together civil society constituencies from across the fields of freedom of expression and democracy issues, both technology groups and communication activists, and reach across sectors to include government and business. Additionally, they should engage with communi- cations companies to help or pressurise them to incorporate principles of free expression in their business practices. Also, campaigners should explore ways of aligning companies’ business interests with freedom of expression values in different policy areas. Musicians should be included in these campaigns as they articulate real issues in people’s languages in an entertaining way. They are able to express serious matters in metaphors easily understood by everybody. Lyrics encouraging more people to take action or defy attempts to curtail freedom of expression can be transported in song in ways that resonate with them. Music has a way of allowing even the taboo and the seditious to be expressed and gain acceptance or participation among those who understand and enjoy the songs. Examples of songs of protest abound all over the world, the most notable perhaps being reggae and rap, a very popular music form among those who feel downtrodden or marginalised. Freedom of expression activists should work together with popular musicians and come up with lyrics that break down concepts of freedom of expression in pragmatic, easily understood ways. Lyrics can be written which draw on familiar aspects of people’s cultures that are familiar and not threatening, as is sometimes the case with new ideas. Institutions such as faith communities and trade unions are too often neglected by campaigners. These can be powerful allies in campaigns and they exercise influence in large sections of society. Depending on the issue at hand, they ought to be lobbied so that they gain an understanding of the concept of freedom of expression. After all they largely thrive on this freedom themselves in order to reach their constituencies effectively. Once they are on board, they are likely to mobilise these constituencies and speak out – publicly and candidly – about issues that are important to them in online as well as offline forums, thus helping to increase the impact of the campaign. Grace Githaiga is an Associate of the Kenya ICT Action Network (KICTANet). • Continued from page 22 The very idea of people talking freely among themselves through radio puts fear in the hearts of the authorities. weak and often captured by politicians (the DRC is one example), resulting in partisan licensing processes where politicians are awarded licences in the name of communities. This is in total disregard of the principles of independence, fairness and transparency in regulatory bodies and licensing procedures laid out in the Declaration of Principles on Freedom of Expression in Africa as well as the African Charter on Broadcasting. Worse still, in some countries a colonial legacy persists in which regulatory authorities are either appointed by or fall under the Ministry of Information. This has serious implications for their autonomy. Licensing community radio has been done in a climate of suspicion, hence with extra caution and trepidation in some countries. The idea of people talking freely among themselves on the radio puts fear in the hearts of the authorities, who have found all sorts of “alibis” for not allowing this to happen. Angola, Botswana, Swaziland and Zimbabwe stand out in southern Africa as countries that have steadfastly resisted the licensing of community radio. Fears of “balkanisation”, the fanning of ethnic conflict, or having “a repeat of Rwanda”, where radio played a critical role in whipping up the ethnic violence that resulted in genocide, are often given as justifications for the delayed licensing of community radio. These are, of course, legitimate concerns. But lessons abound from elsewhere on the continent that with a sound regulatory system in place, such dangerous developments can be anticipated and prevented. Important as they are in promoting development and democracy on the continent, community radio stations face numerous challenges that threaten their survival. Foremost among these is the question of sustainability, which goes beyond the financial to include broader issues of sustaining relevance, community interest and community participation. The fact that most stations have been established with and continue to rely upon donor funding is perhaps the single biggest threat to the sector. As donor priorities and interests shift, many community radio initiatives face collapse. With the exception of South Africa, where a Media Development and Diversity Agency is mandated to support community and other alternative media, most governments have done nothing to support the sector beyond establishing the enabling legal framework. This is quite ironic, given the mistrust many governments have for external funding and its potential to influence local communities. For many stations the pursuit of financial sustainability becomes an all-consuming goal, distracting them from their core business of producing relevant content for their communities and ensuring vibrant community participation. As the cost of producing quality local programmes continues to soar and budgets continue to shrink, some community radio stations have ended up operating like juke boxes, providing endless foreign music content. NGO-sponsored programmes are also extensively used – often at the expense of relevant local content – as a means of not only filling up time, but also generating income. Typically, most stations run live broadcasts (such as talk shows, phone-in programmes, round-table discussions in the studio). These, of course, have the advantage of being cost-effective and promoting dialogue, but they should not totally replace pre-recorded programmes that are thought through, well edited and in depth. of critical skills, particularly concerning financial management and fund-raising or income generation, and a lack of capacity regarding equipment maintenance as well as audience research. This means that stations are unable to fully understand listeners’ needs and interests, and thus do not have a strong basis for courting advertisers who could potentially replenish their coffers. While these challenges vary from country to country and station to station, the sustainability of community radio initiatives remains an elusive goal everywhere. Government support could be crucial for their survival but such support must not translate into the capture of community stations for political interests. Greater attention needs to be paid to ensuring clear regulatory and policy frameworks that allow community radio to flourish. This entails the creation of autonomous and transparent regulatory authorities as well as laws that make it easy for such stations to operate. Despite all these challenges, the advent of community radio has brought profound changes. It has disrupted the dominant state monopoly on broadcasting and its top-down approach. It has shifted the power dynamics in the relationship between (marginalised) communities and elected authorities. And in many areas where community radio has taken root, elected officials today ignore their constituencies at their own peril, as communities have been empowered through radio to demand accountability. People will not easily forget the experience or allow themselves to be deprived of this democratic right. Dumisani Moyo is an independent researcher and media consultant. Other challenges faced by community radio stations on the continent are many. They include high staff turnover as a result of poor remuneration and factional fights over ownership and station control, given the multi-ethnic nature of most communities. Often there is a lack 25th Anniversary of the Windhoek Declaration READ MORE: Da Costa, P., The Growing Pains of Community Radio in Africa: bit.do/community-radio-africa Kruger, F., “Community Radio Matters … a Lot.” bit.do/community-radio-matters Myers, M., (2008) Radio and Development in Africa bit.do/radio-development 24 AfrIcAN free PreSS AfrIcAN free PreSS No justice without the right to know South Africa’s access to information legislation is regarded as one of the best in the world. Mark Weinberg examines whether it is really working in the struggle for social justice. I remember one cold night in a community hall in a working-class township of Cape Town. A group of about 50 backyard dwellers were meeting to discuss their struggle to acquire formal housing. Upon our request, they had also invited the newly formed Right2Know Campaign to give them a briefing on the Secrecy Bill before Parliament at the time. I looked around the room at the mostly unemployed people and wondered how I was going to make a piece of legislation as abstract and technical as the Bill accessible and relevant to people fighting to meet their most basic need for decent housing. It was 2010 and the newly appointed Minister of State Security had just tabled the draconian Secrecy Bill that proposed giving the government far-reaching powers to classify information, had no oversight mechanisms, and proposed jail terms of up to 25 years for whistle-blowers, activists, and journalists who got hold of classified documents. The Bill would, in important respects, give securocrats power over all state institutions. I was part of a handful of activists who decided that the provisions of the Bill posed a serious threat to democracy and that a popular campaign should be launched to oppose it. We called for a week of protest and began canvassing support around the country. That night with the backyard dwellers I fumbled my way through a presentation and then the floor was opened for questions and comments. There was only one question: Why does the government need a new law, when everything is already a secret? This was the response we encountered in meeting after meeting with community after community. From those seeking information on government housing plans, to those wanting details about medicine supplies in their local clinics: people well understood the power of access to information and, despite constitutional and legal commandments to transparency, experienced the government as unresponsive and closed. The state of the right to access information in South Africa is best understood in its broader historical context. Formal apartheid ended in 1994 with a negotiated compromise. Put very bluntly, the apartheid private sector would continue to own South Africa’s productive resources. The predominantly middle class, white population would continue to enjoy their leafy suburbs, swimming pools and other fruits of an economy built on cheap black labour. The small, black middle class would grow and a select few would become millionaires overnight. The black majority would gain their political freedom, but continue to live in poverty. The justification advanced by the African National Congress (ANC) at the time was that the compromise was necessary to prevent civil war and to usher in a human rights dispensation more favourable to the pursuit of social and economic justice. The redistribution of wealth would be achieved gradually through economic growth. What is needed is an active citizenry ready to organise to defend their rights and advance their interests. An export-led economic growth strategy saw South Africa integrate into the global economy on the assumption that attracting foreign investment would drive rapid economic growth, which would in turn result in wealth redistribution. Integration into the global economy demanded the lowering of corporate taxes, privatisation and the commodification of public services, as well as greater labour market flexibility. Looking back, we can reflect on a decade of economic growth characterised by wage stagnation, growing unemployment, and deepening poverty. Instead of redistribution of wealth we saw growing inequality. Another decade of economic stagnation has only worsened inequity and poverty. What does any of this have to do with access to information? The 1994 compromise was codified in the post-apartheid constitution. It was hailed by many as “the best constitution in the world” because of its exemplary Bill of Rights and vision of a progressive realisation of socio-economic rights. The constitution left apartheid property relations intact and put in place a democratic system based on proportional representation, in which the electorate at the provincial and national levels vote for political parties and not for individuals. This has enabled political parties (and party bosses) to mediate the relationship between people and their government. As inequality grew and social cohesion faltered, the human rights protected in the constitution remained largely a fiction for many South Africans trapped in urban poverty or feudal relations in the countryside. They have the right to be educated, but more than half of those who start school do not complete secondary education. They have the right to health, but while the middle class uses private medical aid schemes, the poor rely on a woefully underfunded and poorly managed public health system. They have the right to water and energy, but cost-recovery policies and the introduction of prepaid metres see a great many cut off from water and electricity for non-payment of services that they cannot afford. African Platform for Access to Information (APAI) Declaration 2011 The African Platform on Access to Information (APAI) declaration was adopted at the Pan African Conference on Access to Information (PACAI), held in Cape Town, South Africa Here are the key principles: Fundamental Right Accessible to Everyone Access to information is a fundamental human right, it is open to everyone. Maximum Disclosure All information held by public bodies is public and should be subject to disclosure (except in limited circumstances). Established in Law The right to access to information shall be established by law in each African country. Applies to Public Bodies & Private Bodies The obligation to access to information shall apply to all public bodies as well as government owned or controlled private bodies. Clear and Unambiguous Process The process to obtain information should be simple and fast. In the past five years, the Right2Know Campaign has worked with many communities that realise the crucial importance of accessing information to advance their struggles for social, environmental and economic justice. Obligation to publish information Public and relevant private bodies shall be obliged to proactively release information relating to their activities that is of public interest. Whistleblower protection Adequate protections against different forms of sanctions should be provided for those who disclose information on wrong-doing and information in the public interest. Language and Accessibility Information should be available in the language of the person seeking it, and in an accessible location and format. Right of Appeal Everyone has the right to appeal administratively any action that hinders or denies access to information or any failure to proactively disclose information. Limited exemptions The right to access to information shall only be limited where there would be a significant harm if the information was released. Oversight Bodies Independent bodies should be established to monitor and hold government bodies and relevant private entities to account. Cartoon by Zapiro. All rights reserved. For more Zapiro cartoons visit www.zapiro.com Duty to Fully Implement Public and relevant private bodies have an obligation to ensure the law is fully implemented. • Continued from page 24 Why does the government need a new security law, when everything is already a secret? low-income housing development outside Cape Town, began protesting the poor quality of their houses, ranging from cracks in the walls, to leaking, broken and poorly connected plumbing, to faulty electricity connections and poor ventilation. The poorly built structures sit on swampland. With the support of the Right2Know Campaign the settlement adopted a strategy of direct action in addition to the more bureaucratic, unreliable and potentially expensive process provided for in the PAIA. They embarked on a series of protests drawing public attention to their plight. These include communities in Durban who live alongside massive polluting petrochemical refineries. The South Durban Community Environmental Alliance asked about the levels of air pollution in the area and the compliance of industries with permitted emission levels. Their initial PAIA request to authorities met with failure, as is common with many such requests. The communities were eventually forced to collect and analyse their own air samples and to litigate to obtain basic documents. The PAIA monitoring report for 2014 finds that less than half of private sector information requests are responded to within statutory time frames and 40 per cent are refused. Another common challenge in accessing information related to the provision of public services is the rampant outsourcing of government services (such as refuse removal and road building) to private companies. Responsible government departments often meet information requests with a shrug, referring people to their private contractor. These private companies in turn refuse to disclose details of tender contracts, arguing that they contain commercially sensitive information. Recently, residents of the Fountainhead settlement, a government-subsidised, Duty to Collect and Manage Information Public and relevant private bodies have a duty to collect information of public interest on behalf of their citizens. Right to personal data All persons have a right to access and correct their personal data held by third parties. They have freedom of expression, but ownership of the South African media has consolidated and mostly remains in the service of largely urban and middle-class markets. They have freedom of association, but remain trapped in an untransformed apartheid geography with expensive and unsafe transport systems. They have freedom of assembly, but when they try to organise to voice their needs they are often met by riot police. They also have the right of access to information held by the state and private bodies under the Promotion of Access to Information Act of 2000 (PAIA). But according to the PAIA Civil Society Network 2014 Shadow Report, 26 per cent of all initial information requests to the government and 44 per cent of internal appeals were simply ignored. Only 21.5 present of requests were met in full. 25 The strategy paid off and the residents forced the contracting company, BVI2000, and the government’s Department of Human Settlements, to make public the original contract between the department and the contractors, as well as the pre-development Environmental Impact Report. Across South Africa today we see signs that the social contract negotiated at the end of formal apartheid is reaching its limits. Evidence of faltering social cohesion can be seen in the many wildcat strikes, daily township protests in many parts of the country, conflicts on our university campuses over tertiary education policies, the fracturing of the trade union federation (Cosatu), populist splits from the ruling party, and open calls for the removal of the country’s president. South Africa is again at a crossroads. The current crisis will be resolved either by democratic or authoritarian means. While the risks to democracy are great, so too is the possibility of forging a new social contract that will see basic rights like access to information made real. What is needed now is an active citizenry ready to organise themselves collectively to defend their rights and advance their interests. As the Right2Know has learnt, when it comes to accessing information, strategies using public protest can be more effective than the passive and bureaucratic processes provided in the PAIA law. Not only do they often secure the desired information, they also build the confidence and capacity of citizen groups to organise for the struggles to come. More than five years of on-going campaigning has seen over 100 amendments introduced to the Secrecy Bill I discussed with the community in Cape Town. Many of its draconian features have been removed, but substantial problems remain. It was approved by Parliament in 2013, but is still lying unsigned on the President’s desk. Mark Weinberg is the National Coordinator of the Right2Know Campaign (R2K). He writes in his personal capacity. READ MORE: www.r2k.org.za The Right2Know Campaign protests outside the South Africa Parliament in Cape Town • Continued on page 25 Your free paper for press freedom 25th Anniversary of the Windhoek Declaration See the PAIA Monitoring Report at bit.do/PAIA-report 26 AfrIcAN free PreSS AfrIcAN free PreSS Whose freedom? Whose expression? Women make up 52 per cent of the population in Africa, yet comprise a mere 19 per cent of news sources in Southern Africa. This shows the extent of “gender-based censorship” that exists in the media, writes Sikhonzile Ndlovu. Imagine a world where women and men could walk into a media house and ask to share their story on the airwaves or in print. That would be freedom of expression and access to information at its best. However, this remains a far-fetched dream as citizens, and especially women, do not enjoy freedom of expression in the news media. Only a select few enjoy the right, while the majority of citizens have their stories told by others, if at all! Likewise, the Global Media Monitoring Project (GMMP) shows that the proportion of women sources in the global news media remains constant at 24 per cent, the same figure recorded in the 2010 GMMP. Women make up 22 per cent of sources in Africa, a two percentage point drop from 2010. (See chart above.) The Windhoek Declaration states that: “The world¬wide trend towards democracy and freedom of information and expression is a fundamental contribution to the fulfilment of human aspirations.” As gender, media and development NGOs and activists commemorate 25 years of the Windhoek Declaration, it is sad to note that despite the slow progress in increasing women’s voices in the media and representation in media institutions, the United Nations has not committed itself to developing global standards on gender, media and ICTs. In September 2015, the UN General Assembly (UNGAS) adopted 17 Sustainable Development Goals (SDGs) to guide the global agenda for the next 15 years. While goal five on Achieving Gender Equality and Empowering Women and Girls is a significant improvement on the earlier Millennium Development Goal three, gender and media activists had hoped for a specific media and ICTs goal, with targets and indicators. In the absence of specific gender and media targets in the SDGs, civil society does not have the required muscle to push for equity. Goal five has no specific provisions on gender equity in the media. Gender equality is intertwined with freedom of expression, participation and human rights. Nothing is more essential to this ideal than giving voice to all segments of the population. Women make up 52 per cent of the population in Africa; yet comprise a mere 19 per cent of staff at news sources in the 14 countries of Southern Africa. This shows the extent of “gender-based censorship” that exists in the media. The media excludes and makes invisible certain people in society. The same is true for radio talk shows and current affairs programmes, where male opinion dominates. An analysis of advertising continues to show the same levels of gender stereotypes, which portray women and men in a narrow range of roles. Yet the campaign for gender equality in freedom of expression has completely fallen off both the regional and global agendas. Women make up 52 per cent of the population in Africa but comprise a mere 19 per cent of staff at news sources in the 14 countries of Southern Africa. The preliminary results of the Gender and Media Progress Study (GMPS 2015), a follow-up to the Gender Links and MISA GMPS of 2010, shows that women’s voices in news in Southern Africa have remained virtually stagnant at 19.5 per cent. (The GMPS is a three-part study that explores the status of gender in media content, including news, advertising and radio talk shows, as well as gender in media houses, journalism, media education and training.) the call for inclusion and full participation by all cross sections of society. Gender Links is therefore implementing a project with journalism and media training institutions in SADC through reviewing teaching curricula and creating debate and dialogue on gender, media and diversity. Following the launch of the Gender Links and MISA 2015 Gender and Media Progress Study on World Press Freedom Day 2016, a series of advocacy workshops is to be held in 14 SADC countries with the aim of discussing findings and supporting individual media houses in reviewing their gender-policy action plans. Micro-level engagements will provide much needed impetus to take the work of Gender Links’ Centres of Excellence for gender in the media forward. The Gender and Media Summits that Gender Links conducts bi-annually with other media partners also provide a platform for continuous engagement and exchange of ideas and strategies in achieving equity in the media. Moving forward, Gender Links will look to partner with pro-media freedom institutions which view gender as a cross-cutting issue and accentuate the link between freedom of expression, media freedom, democracy, governance and issues of gender justice in both the operations of media houses and the content of their products. The question is how does the world fulfil human aspirations when 52 per cent of the world’s population (women) are silenced and the UN watches? Does the fight for democracy and freedom of expression rest with civil society? The campaign for gender equality in freedom of expression has completely fallen off both the regional and global agendas. Gender Links has conducted research, advocacy, training and policy projects in the Southern African Development Community (SADC) region since 2001. While the media often shows a willingness to give both women and men a voice and make access equal, having a global set of standards against which all media institutions are measured would lead to greater commitment to gender equality. Gender Links has always promoted the idea of a UN seal of approval for those who have been consistent in their efforts. The landmark SADC Protocol on Gender and Development, adopted in 2008, has been signed by 12 out of 14 countries. The Protocol is a very comprehensive instrument as it includes a stand-alone goal, targets and indicators on gender and media. These far-reaching targets and indicators cover a broad spectrum of sectors: media house institutional practice (policy and working environment), media content, media education, gender in advertising, access to information and ICTs. This framework has provided civil society with a basis for their campaigns for gender equality in and through the media. More than 100 media houses in the region have committed to mainstreaming gender in their institutions, but this is not enough as there are several thousand other media institutions that have not heeded Your free paper for press freedom There are many ways to celebrate 25 years of the Windhoek Declaration. We will do this through annual tracking and engaging with partners. Our Gender and Media Diversity Centre (GMDC) is creating a community of practice that will champion the cause of gender, media, diversity and free expression for all. Through collecting, connecting and collaborating, the GMDC will breathe much-needed energy into the gender and media movement in Southern Africa and by taking the Southern African story to the global stage. Sikhonzile Ndlovu is the Media and Communications Manager at Gender Links. READ MORE: Media Centres of Excellence: A first for the South bit.do/CentresofExcellence Gender, Media, ICTs and the Post 2015 Agenda Position paper bit.do/Post2015 GMDC Advisory Group Meeting bit.do/GMDC Gender Links advocacy http://bit.do/advocacy 27 Media literacy: a call for pedagogical intervention Media are our culture and we need to know how to use them to our advantage. Media literacy education, urges Suraj Olunifesi Adekunle, must be an indispensable part of school curricula. In a world dictated by Web 3.0 and accelerated by the Internet of Things, it is obvious that literacy, once understood as basic reading and writing skills, vital as it is, is no longer adequate in today’s knowledge societies. Media play premium roles in our individual lives and collective entities. To a large extent, media has become part of us. It is our culture. Therefore, Media and Information Literacy (MIL), which emphasises skills around the deciphering of information, the production of content and the scrutiny of the media, is needed more than ever. MIL is the antidote to the unfiltered, inaccurate and misleading information too often propagated by the conventional and online media. People without a degree of media literacy or who cannot question media messages will always be at the mercy of content producers who indirectly control our lifestyles, habits and preferences. They will struggle to cope with the multitude of information offered in the digital age. They will be unable to make conscious choices, simply opt for entertainment products, or – worse – be vulnerable to messages that can lead to radicalisation and culminate in extreme behaviour. How do we ensure that every child has access to the skills and experiences needed to become a full participant in the social, cultural, economic, and political future of our society? What we need today is to learn how to find what we need to know, when we need to know it, and to have the thinking skills to analyse and evaluate whether the information we find is useful to us. The importance of media literacy was emphasised at a UNESCO symposium on the topic as early as 1982: “The role of communication and media in the process of development should not be underestimated, nor the function of media as instruments for the citizen’s active participation in society. Political and educational systems need to recognize their obligations to promote in their citizens a critical understanding of the phenomena of communication.” More than 30 years later, media literacy is still struggling to gain the momentum needed to make an impact on development. Even more disturbing as an indication of persistent disregard is the fact that authorities always complain of overcrowded curricula and a lack of resources as an excuse for not including MIL in the school syllabus. Yet, unless our educational systems take the lead in developing appropriate pedagogies for media engagement, corporate experts will be the ones to determine how people learn, what they learn and what constitutes literacy. We must rise to the challenge by initiating pedagogical interventions that will address the obvious media literacy gap. For instance, how do we ensure that every child has access to the skills and experiences needed to become a full participant in the social, cultural, economic and political future of our society (participation gap)? How do we ensure that every child has the ability to articulate his or her understanding of how media shapes perceptions of the world (transparency problem)? And, very importantly, how do we ensure that every child has been socialised into the emerging ethical standards that should shape their practices as media makers and as participants in online communities (the ethics challenge)? So, what do children and young people actually need to learn? A paper published by the German media development organisation DW Akademie proposes three steps. First and foremost, young people must acquire technical skills. In addition to learning how to use computers and mobile phones to access information and navigate the data deluge, they must also learn how to be content producers: using media technologies to create their own content, thereby enhancing their active participation in an information-driven knowledge society. Secondly, young people need to learn content decoding skills. They must be able to understand messages, to analyse them, to differentiate between nonsense and serious information. What is the message? Who created the message? Why is the message being sent? What creative techniques are used to attract my attention? How might different people understand the message differently? What values, lifestyles and points of view are represented in or omitted from the message? To complement the formal MIL training curriculum, participatory workshops with media literate professionals should impart skills in deconstructing propaganda messages. Overall, inquiry must be the norm, problem solving the focus, and critical thinking the process. What is the message? Who created the message? Why is the message being sent? What points of view are represented in, or omitted from the message? Learners should also know that states as well as corporations such as Google or Facebook gather private information, why they do so, and how people can defend themselves when right-to-privacy violations occur. They should learn how to use information ethically, ensure their privacy and adopt appropriate online behaviour while interacting on social media platforms. Thirdly, children and young people must learn how the media tick – how do they gather information and how do they decide on news values? What principles guide them in their work? What is their role in society? Young people should acquire the necessary skills to be critical media consumers, learn about the negative effects of the media but also their positive impact. They should understand the need and be ready to defend the media against unwarranted pressure. Visits to media houses could be useful and journalists should be invited into classrooms – this would help to build trust between young citizens and the media. MIL education as part of an academic curriculum should be a multidisciplinary exercise. Disciplines as wide-ranging as media, information, technology, education, social and cultural studies, language, art and history should be packaged in the form of training modules and delivered (in addition to classroom learning) through online platforms and via new media. In short: media literacy education should enable learners and media users to adopt a more active, “lean-forward” role rather than remaining in the “lean-back” position of passive consumers. African governments must promote a curricular agenda that aims to empower and promote citizenship education through media literacy. Such citizenship education, which many have described as a necessity for democratising society, could instil media and information literacy skills such as identity (belonging to groups yet developing personal identity), virtue (valuing freedom, fairness and truth, yet tolerating other people’s reasoning) and social activism (promoting civil and legal rights while maintaining active participation in public debate). Taking into consideration the sophistication of our media and their profound effect on our lives as global citizens, the need for media literacy is no longer in doubt. Educational authorities must ensure the inclusion of MIL in curricula and provide the appropriate teacher training. Media literacy consultants must be hired to establish communication networks and develop curricula with appropriate benchmarks. A media-literate society is not a luxury; it is a necessity in the 21st century. Because the media is so omnipresent, it is no longer simply an advantage to be media literate, but a debilitating disadvantage not to be. Dr Suraj Olunifesi Adekunle is UNESCO Consultant on Media Literacy and the Postgraduate Coordinator at the School of Communication, Lagos State University, Lagos, Nigeria. 25th Anniversary of the Windhoek Declaration 28 AfrIcAN free PreSS AfrIcAN free PreSS Business models of 29 successful independent media The Namibian: no shareholders to threaten independence By Graham Hopwood Donor funding kept the newspaper alive for years but shortly after independence in 1990, those sources dried up. The paper then had to make a difficult but ultimately successful transition to profitability on its own terms. At the same time, The Namibian had to shift from being supportive of the Swapo liberation movement in the cause of independence to operating as a sometimes fiercely critical watchdog of Swapo as a ruling party. In 2011, Lister handed over editorial responsibilities to Tangeni Amupadhi. He is answerable on governance and financial matters to the Free Press of Namibia’s board of directors which is chaired by a lawyer and comprises a media rights activist, another lawyer and Lister. Amupadhi says as editor he is given plenty of leeway when it comes to editorial standpoints and decisions. He argues that the newspaper’s structure helps insulate the paper from the influence of commercial interests and ensures that its editorial stance remains feistily independent: “One can only emphasise that The Namibian is in a fortunate and unique position where no one actually owns the newspaper”. The Namibian, Namibia’s leading and most respected newspaper, is a strange animal in the world of business: it is owned by no one who could make a profit from it. It is registered as a legal company, the Free Press of Namibia (Pty) Ltd, but no single individual can claim dividends. The money goes to its owner, the non-profit Namibia Media Trust, which was set up to promote the principles of press freedom and free speech and to assist with the professionalism of journalism. And that is where the profits go. Gwen Lister started The Namibian in 1985 as a weekly with just ten employees and a limited circulation. Now the paper, which became a daily with independence in 1989, has over 100 staff. It sells more than 70 000 copies on Friday when its extended edition appears – a readership of 350 000 if one assumes five readers per copy, a huge number in a country with just over two million citizens. That’s the key, Lister says: “We didn’t want shareholders breathing down our necks at any time and we particularly wanted to protect editorial integrity.” The paper was born at the height of the struggle against apartheid colonialism in Namibia, the only newspaper to report on wartime atrocities and campaign for independence indefatigably and persistently. That stance came at a price – the arrest of journalists and firebomb attacks on the newspaper’s offices were just some of the regular forms of harassment meted out by the then occupying power, South Africa. Some of the brands in its stable are the EastAfrican, a high-quality weekly newspaper covering the East and the Horn of Africa, Africa Review, an online newspaper covering the African continent, NTV, a Nairobi-based television station, and two radio stations in Kenya. The group expanded it activities to Uganda in 1992 with newspapers and a radio station. In Tanzania it has a controlling stake in newspapers. The group also owns Taifa Leo, the largest Kiswahili daily newspaper in East Africa. Its flagship brand, however, remains the Daily Nation which now sells more than 200 000 copies daily according to the Audit Bureau of Circulation (ABC). Each copy is read by at least five people, adding up to NMG’s success, however, is also a point of concern for observers of the African media landscape. The group is one of only two publishing houses that dominate the market in Kenya (the other is the Standard Group). Its owner, the Aga Khan Foundation for Economic Development (AKFED), is also active in a variety of other industries such as Your free paper for press freedom His media company first produced adverts, features and documentaries for other stations – but he kept thinking of having his own. In 2002, he applied for a licence. Four attempts and three years later, he was allowed to broadcast. ZBS started with five transmitters, now they transmit nationwide from 35 sites. He keeps on walking. In 2013, he decided to go into television as well, and Zodiak now offers a fully-fledged TV service featuring both news and entertainment. Zodiak has become a household name. In 2012 the regulator found that the station has a listenership of 76 per cent, trailed by state-run Radio 1, Kazako’s former employer, at 43 per cent. His business secret: ZBS has won the trust of the audience. “Radio should be fair, balanced, ethical, professional and non-partisan”, he said, adding that Cities and commercial or industrial hubs are known to be fertile ground for any radio station, be it commercial or community based. Mike Daka, however, chose to go the more difficult route when he ventured to set up his station in a remote town in eastern Zambia, close to neighbouring Malawi. In 2002, Daka quit as Director of the Zambia Institute of Mass Communication. He moved to Chipata with his family and started to realise his dream of a financially sustainable rural radio station with a mission. His personal knowledge, skills, contacts and practical experience built over many years of working as a journalist and media trainer stood him in good stead and he managed to translate what he had been teaching into a model: Breeze FM, a mixture of a community-based and commercial station whose objective was to be profitable and community-oriented at the same time. There is a good reason why NMG is so successful. The owner put the media house on a long leash from the very beginning, and its editors aligned the editorial policy with the cause of African independence. In so doing, they created a loyal readership among the large African population whose nationalist press had been banned by colonial authorities. With its highly trained manpower, the group is now recognised as a publisher of quality content in all its formats, and is seen as a pioneer in the use of new media technologies. The journey hasn’t been a joy ride. Politics has been an ever-present obstacle in his path of “reporting nothing but the truth”. Four of the station’s vehicles were torched; staff members have been beaten and threatened. Kazako says he is not an enemy of the state, but he “does not like handshakes to go beyond the elbow, as they might turn into a hug”. Inspired by what he saw every day at state-run radio where he was working at the time, Kazako started to imagine whether he would be able to run an operation like that single-handedly. Sometimes he asked colleagues at the station how much a microphone might cost, and they began to ridicule him behind his back. But he was determined, and he left his comfortable job after seven years to set up his own small media house: “Sometimes people look at you like a crazy fellow, but just believe and keep on walking”. Kazako proudly says that he owes his success to nobody: “We made it on our own, and if we fail, we will fail on our own. Anybody can do this. Take off your fear and believe in your idea”. Marie Segula is a correspondent in Malawi. By Chris Chirwa a readership of about 1 million, before being used to wrap up the meat at local butcher shops. In the 1990s the group supported the “second liberation”, a push towards political pluralism in Africa. This allowed it to benefit from media assistance programmes offered by Western countries to aid the deepening of democracy on the continent. Many Kenyan journalists acquired graduate training at top journalism schools in Europe and America. he wants to ensure “that people are well informed, so they can make decisions about their future and lives”. It took a bold step for Gospel Kazako, a 47-year-old Malawian man, to own and head what is now the most successful and independent media house in the country, Zodiak Broadcasting Station, or ZBS. Breeze FM in Zambia: radio at the doorsteps By Charles Muiru Ngugi It was the start of the building of an empire, the Nation Media Group (NMG), now one of Africa’s most successful media companies. With products in print, television and radio as well as internet formats, the group reaches an audience of several million people every day in East and Central Africa and beyond. By Marie Segula Graham Hopwood is the Director of the Institute for Public Policy Research, Namibia. One of the big boys: Kenya’s Nation Media Group It was a nuclear scientist who set Kenya’s Daily Nation on the path to success when he was just 25 years old: Hillary Boniface Ng’weno. He became the paper’s first African editor in 1963, four years after His Highness Karim Aga Khan, the spiritual leader of the Shia Imami Ismaili Muslim community, had bought the fledgling operation from colonial settler interests. “No handshakes beyond the elbow” – the story of Zodiak Broadcasting Malawi One of his recipes for success, he says, was “that we paid attention to planning from the beginning”. This included a feasibility study and an audience survey to understand not only the demographics but, more importantly, what the audience’s information needs were. packaging, garments, vegetable processing, power generation, tourism and real estate. Leaving aside, for the moment, the risk of business interests seeking to influence editorial content, this accumulated economic power does protect the media house from political interference. On the other hand, it could also tempt the group to act as a political player itself – always a danger for the independence of editors. The painstaking preparatory work paid off and the model has stood the test of time. The station has gained the confidence and trust of the community and positioned itself as a prominent channel of communication in the region. It managed to break even by its third year and has since continued operating sustainably, providing jobs to 24 people, 13 of them full time. Breeze FM is on air 24 hours a day, targeting listeners from the age of 10 to 70 – peasant farmers, villagers, small-scale traders, workers, businessmen and, of course, the general public. Two-thirds of its programming is in the local language, Chinyanja, and one third in grammes or paying for adverts”. And every Kwacha counts: “We’ve established ourselves as the most effective channel of communication in our region, so the national advertising agencies have also realised the benefits of working with us if they want to communicate with people in the eastern part of our country. We’ve also created a rate level for small-scale businesses in the townships and villages – people selling groceries in the market, hair salons, restaurants and bars”. Breeze FM is located in the centre of Chipata, a town of just under 100 000, next to a taxi rank, down the road from the main fresh produce market, and close to banks, restaurants, shops and stalls. It is easily accessible to the community it serves. English. Chinyanja is also widely spoken in Malawi and the north of Mozambique, areas covered by the station’s signal, which reaches well over one million people within a radius of 300 kilometres. Listeners are obviously enjoying the mix of programmes offered. In audience surveys, more than 75 per cent of respondents named Breeze FM their favourite station. Its programming focuses on education, information, news and entertainment, and provides useful, relevant and up-to-date information with a “how to do” approach that offers guidance and tips to listeners on a range of subjects. The station also seeks to give the community a voice to express its points of view and the space to engage in public dialogue and debate on various issues. The station’s popular programming and large listenership, says Daka, enabled it “to attract partners, whether it is for sponsoring some pro- This, too, has worked in the station’s favour and helped, in Daka’s words, to “demystify radio”: “I think Breeze FM in its manner of interacting with its listeners, opening up the station, the studios, bringing close contact between the listeners and the presenters and producers, has changed completely the way the people of Eastern Province view radio. Before, when they were listening to (state) Radio Zambia, radio was distant. They had the voices, they had the information – but it all came from far away. With Breeze FM in Chipata, radio has been brought to the doorstep of the listeners”. One of the letters he received soon after the launch of the station summed it up nicely: “Thank you, Mr Daka, for bringing the radio station here. Now it is ours”. Chris Chirwa is a journalist and consultant. Listen to Breeze FM: www.breezefmchipata.fm Charles Muiru Ngugi is Associate Director at the School of Journalism and Mass Communication, University of Nairobi. 25th Anniversary of the Windhoek Declaration 30 AfrIcAN free PreSS AfrIcAN free PreSS I blame the media Very special correspondent Tom Eaton managed to uncover an explosive document, tipped off by an unusually reliable source. Your Highnesses, Supreme Rulers, Presidents, Prime Ministers, Kings, Sheiks, Chiefs, Prefects and Commanders-In-Chief: I bid you welcome to this, the 5025th annual Secret Meeting of World Leaders, also known as the Rule-O-Rama, the Power Powwow, the Conglomeration of Domination, here in the beautiful underground bunker at the Lèse-Majesté Hotel. Before I begin, I’d like to thank our hosts, Monsieur Garrotte and his staff, who have gone out of their way to make us feel at home, whether by putting chocolates on our pillows or by feeding dissenters to the pigs in the abandoned mineshaft next door. Thank you also, Monsieur, for tonight’s decorations here in the ballroom bunker. The ice sculpture is magnificent: the way the iron fist is crushing the life out of the gasping Twitter bird is simply breath-taking. But now, to business. Ladies and gentlemen, I will not mince my words. The thumbs of political prisoners, certainly, but never my words. As we sit here tonight, we rule a planet that is threatened by three of the most diabolical phenomena ever unleashed on humanity. You know of what I speak. Yes, Highness, you are right to push away your condor liver sorbet in disgust. These are terrible times. Think about it. Where did you first hear about Kim Kardashian? The independent media. Who endlessly bangs on about climate change? The independent media. And who travels the planet, hunting under rocks and bushes for the latest wretched election, so that it can prattle away about democracy? The independent media! I refuse to believe that this is a coincidence. Indeed, I would go further and suggest that the free press is the mastermind behind almost every catastrophe in the modern world. A murder occurs. Twenty minutes later, who’s on the scene? A journalist. Plagues. Famine. War. Hurricanes. Earthquakes. Volcanoes. And wherever you look, there are journalists. Now, modern science would no doubt dispute that journalists are responsible for, say, volcanic eruptions. Then again, there are many of us in this room who would dispute that modern science knows anything about anything. For example, just this morning the delegation over at table nine explained to me that natural disasters are in fact the wrath of God, who has been angered by seeing women in miniskirts and girls learning to read and refusing to get married before they turn 10. And so, as the PTA committee said to the headmaster during discussions over the new curriculum, let’s leave science out of it for now. As I was saying: everywhere we look, the rabble want to be the masters of their own fate. Is this what our ancestors fought for? Did our noble forebears shed the blood, sweat and tears of peasants to build all this just so some Kardashian-worshipping rube with a ballot paper can take it all away? Of course not. At first glance, it seems we are besieged on three disparate fronts. Kimmy K, climate change and democracy don’t seem to be obviously connected. But tonight, lords and ladies, I put it to you that all three are controlled by a single hidden hand, that a vast and sinister puppeteer twitches them hither and thither, planning our ultimate doom. And the name of this villain? The free press. Thankfully, some media stables can be persuaded to see sense, either by being offered millions of dollars of state funds or by having their premises burnt down by young patriots. Indeed, even as we speak, the story about the penguin-dog is going viral, and tonight’s football scores will reassure our people that all is well in the world. In fact, some of our friends in the patriotic media are here tonight – Rupert, always good to see you. Love to the wife. To these heroes, with their giant headlines about lottery winners and suburban sex scandals and endless, endless murders, we say thank you. Your cheque is in the mail. I would also like to applaud some of our friends here tonight who take a more robust approach against the free press. Vladimir, we’re all in awe of the work you do to keep your country safe from journalism. To the Chinese delegation, well, wow. Over 40 journalists in prison in China, ladies and gentlemen! Yes, let’s give them a big hand! What’s that, Premier? They’re not in prison? Oh, I see, they’re in prison but not imprisoned? They’re all researching stories about the humane conditions inside Chinese prisons, and they just want to be thorough so they’re spending between five and 25 years inside so they get the story right? Wonderful. Ladies and gentlemen, tonight I have outlined the threat we face, but I want to leave you with a message of hope. Hope that we will prevail. Hope that, with the help of your governments, the co-operative media, and the odd radioactive particle sewn into the lapel of particularly meddlesome reporters, we can end the scourge of the free press in our lifetimes. And we must. We owe it to the children. The second threat is climate change. Rising sea levels will wreak havoc: in ten years, our yachts in Monaco and Hong Kong will be riding three centimetres higher, posing a massive risk of scraping their paintwork on the concrete quay. Then there is the relentless rise of renewable energy sources, and again, the science is horrifying. At current estimates, some of our colleagues in the Gulf may have to get real jobs within the next twenty years. Already, our friends in Saudi Arabia are working on plans to diversify their economy, and have mooted tourism as a possible growth industry. I’m sure this will be a huge success, especially among visitors who like sand, religious fundamentalism and executions with swords. But not all countries have such vibrant attractions. We must prepare for the worst. As grim as these two threats are, however, they are dwarfed by the third monster looming over our community of nations: democracy. Yes! Hiss! Boo! Vent your rage! Decry the pestilence of self-rule! Condemn this passing fad of – oh, dear, Field Marshall? Excuse me, Field Marshall? While we applaud your loathing of democracy, we do ask that you not fire your golden ceremonial pistol into the ceiling as they’ve just finished the fresco. Thank you. List of contacts To our friends in Washington, guys, it’s been a tough few years but don’t lose hope: one of these days that weasel, Edward Snowden, is going to make a mistake and you’re going to slip a black bag over his head faster than you can say “Next stop Guantánamo, sucker!” And speaking of which: Denmark? Did I hear right that you gave Washington permission to keep a military jet in your country on standby, in case Snowden ever showed his treacherous little face in Scandinavia? Your part of the world is known as a bastion of freedom and democracy, but how wonderful to see you shaking off that awful reputation! Inspiring! The first threat is, of course, Kim Kardashian. I have heard some of you suggest that she is not as dangerous as I fear. You argue that she keeps the bovine masses docile, chewing on the cud of popular culture, dreaming their little dreams. But I say to you today: when two buttocks command as much respect and adoration as all of us combined, then the centre cannot hold. How do we do it? We start with the written word. We start by stamping out literacy wherever we find it. Wherever outbreaks of critical reading occur, we must be there, to guide the children to safety and to guide the editors to soundproof interrogation rooms. Right now, millions of children around the world are learning to read and understand subtext, habits that will doom them to a lifetime of unhappiness. For them, football scores and penguin-dogs will never be enough. We have a responsibility to them and to our pension funds to save them while we still can. In this regard, I want to give special mention to the government of South Africa, which, whether deliberately or by happy coincidence, has rendered most of its young children completely unable to read, write or count. I think that deserves a round of applause, don’t you? What we can be sure of, however, is that the media has killed at least one precious thing in this world: hope. Every day, it crushes the morale of our people with its petty gossip, thrusting itself into their simple lives with slogans like “transparency” and “objectivity” and other non-existent words made up by anarchists. Does it ever stop and wonder if our people want to hear its gloomy mantra of defeat and cynicism? I mean, do our people really want to know that we’ve borrowed some money from the Treasury to do minor renovations on our summer palace? Do they really want to be told that a certain businessman who has been very successful in Colombia’s nasally ingested stimulant industry was visiting us for the weekend and made a large contribution to our election campaign? Do they really want this stream of upsetting non-news? Of course not. The good, honest, hard-working morons of the world want football results, frightening statistics about migration and a heart-warming story about a dog that looks after endangered penguins. Your free paper for press freedom 31 Friends, the world ran in perfect harmony for tens of thousands of years before the free press arrived. The poor worked for the rich, the strong crushed the weak, and everyone was happy, because anyone who wasn’t happy was obviously poor and therefore irrelevant. I have a dream that one day we will return to that golden era, and usher in another ten thousand years of order. With your help, we can climb that mountain and see the promised land beyond, where dogs guard penguins, where Liverpool goes 2-1 up against Chelsea, and where nobody ever thinks an upsetting thought because nobody knows how to think. I thank you. Tom Eaton is a columnist, screenwriter, satirist and author. He has published three novels (and read four). For those who would like to know more or get involved in the struggle for the right to freedom of expression and the right to know, here is a list of useful contact details. All of these NGOs and associations play an invaluable role in promoting and defending the communication and free speech rights of citizens, artists and journalists. The regional and sub-regional networks listed include many other national and local organisations within their ranks. Please contact them to locate a similar organisation in your country. African Freedom of Expression Exchange (AFEX) Sulemana Braimah [email protected] [email protected] www.africafex.org @africaFEX +233 302242370 +233 244520243 +233 302242470 Africa Freedom of Information Centre (AFIC) (Uganda, Sub-Saharan Africa) Gilbert Sendugwa [email protected] [email protected] www.africafoicentre.org @AFIC1 +256 414533554 Article 19 East Africa (Kenya/East Africa) Henry Maina [email protected] www.article19.org @article19org +254 20 3862230/2 +254 727862230 Article 19 West Africa (Sénégal/West Africa) Fatou Jagne [email protected] www.article19.org @article19org @article19wafric +221 338690322 +221 773335845 Association of Media Development in South Sudan (AMDISS) Alfred Taban Baja [email protected] [email protected] www.amdissmedia.org +211 955 807 807 +211 955 104 334 Center for Media Studies and Peace Building (CEMESP) (Liberia) Malcolm Joseph [email protected] [email protected] www.cemespliberia.org +231 886514357 +231 770514357 Gender Links (Southern Africa) (Ms) Colleen Lowe Morna [email protected] [email protected] www.genderlinks.org.za @Genderlinks +27 11 6222877 National offices in Botswana, Mauritius, Mozambique, Lesotho, Madagascar, Namibia, Swaziland, Zambia, Zimbabwe Human Rights Network for Journalists – Uganda Robert Sempala [email protected] [email protected] www.hrnjuganda.org @HRNJUganda +256 414272934 Gabriel Baglo, Louis Thomasi gabriel.baglo@ifjafrique [email protected] www.ifjafrique.org @IFJGlobal +221 338679586/7 Unions/associations in over 40 countries Journalistes en Danger (JED) (Central Africa) Tshivis Tshivuad, Tuver Wundi [email protected] [email protected] [email protected] www.jed-afrique.org +243 999996353 National partners in DR Congo, Burundi, Cameroon, Republic of Congo, Rwanda Publisher Media Institute of Southern Africa (MISA) 19 Schinz Street, Trift Place, Unit 5, Ausspannplatz, Windhoek, Namibia Email: [email protected] www.misa.org Co-editors Hendrik Bussiek ([email protected]) Jeanette Minnie ([email protected]) Aubrey Chikungwa [email protected] +265 1758090/1 MISA Mozambique National Union of Somali Journalists (NUSOJ) Abdirashid Abdullahi Haydar [email protected] www.nusoj.org @NUSOJofficial +252 615889931 Namibia Media Trust Gwen Lister [email protected] [email protected] [email protected] www.nmt.org.na @NamMediaTrust +264 61279603 +264 61279722 Open Democracy Advice Centre (ODAC) (South Africa) Mukelani Dimba [email protected] [email protected] www.odac.org.za @ODAC_SA +27 214471198 Right2Know Campaign (R2K) (South Africa) Mark Weinberg [email protected] [email protected] www.r2k.org.za @r2kcampaign +27 214471000 Right to Know Nigeria Natasha Tibinyane [email protected] [email protected] @MisaNamibia +264 61232975 Ene Nwankpa [email protected] [email protected] www.r2knigeria.org @r2kNigeria +234 92918795 +234 8034516807 MISA Swaziland Society for Democratic Initiatives (SDI-SL) MISA Tanzania West African Journalists Association (WAJA) MISA Namibia Media Rights Agenda (MRA) (South Africa) Sheniece Linderboom Zororo Mavindidze [email protected] [email protected] www.fxi.org.za @FXISouthAfrica +27 (0)11 482 1913 MISA Botswana Fernando Goncalves [email protected] +25 8823276670 DW Akademie Freedom of Expression Institute (FXI) Alexandre Solombe [email protected] MISA Malawi International Federation of Journalists (IFJ Africa) (Nigeria) Edetean Ojo [email protected] [email protected] [email protected] www.mediarightsagenda.net @MRA_Nigeria +234 17616803 MISA Angola Tsebo Matšasa [email protected] @misa_lesotho +266 22320941 +266 22310560 Patrick Tumwine [email protected] [email protected] www.hurinet.or.ug @HurinetU +256 414286923 +256 414285362 [email protected] www.cpj.org @africamedia_CPJ [email protected] www.dw-Akademie.de @dw_akademie National partners all on www.misa.org MISA Lesotho Sulemana Braimah [email protected] [email protected] www.mfwa.org @TheMFWA +233 302242470 National partners in Ghana, Guinea, Mauritania, Côte d’Ivoire, The Gambia, Nigeria, Benin, Sierra Leone, Guinea Bissau, Togo, Burkina Faso, Senegal, Liberia Committee to Protect Journalists (CPJ) Zoe Titus [email protected] [email protected] [email protected] www.misa.org @MisaRegional +264 61232975 Modise Maphanyane [email protected] [email protected] @BotswanaMisa +267 3971972 Human Rights Network – Uganda (HURINET-U) Media Foundation for West Africa Media Institute of Southern Africa (MISA) Vuyisile Hlatshwayo [email protected] [email protected] @MISA_Swaziland +268 76156605 +268 240046677 Gasirigwa Gasirigwa [email protected] [email protected] @misatanzania +255 222762167 +255 756864452 +255 782164064 MISA Zambia Kamufisa Manchishi [email protected] [email protected] @misazambia1 +260 211294285/6 MISA Zimbabwe Nhlanhla Ngwenya [email protected] @misazimbabwe +263 4776165 +263 4746838 Pictures/sources AfricanSkyCam (p.8), Alex Gitta (p.11 Uganda), Anthony Stephens (p.10 Liberia), Article 19-East Africa (pp. 1 top left, 1 bottom, 3), Beatrice Mwape (p.10 Malawi bottom), Breeze FM (p. 22 bottom), Charles Muiru Ngugi (p.28 bottom), Columbus Mavhunga (p. 11 Zimbabwe), DW Akademie (pp. 1, 4, 6 bottom, 7, 13 bottom, 27), Gwen Lister (p. 17), Hendrik Bussiek (p. 30), Ibrahim Abubakar (p. 10 Nigeria), Julie Reid (pp. 1 – top centre, 5, 21, 26, 27), Marie Segula (p. 29 bottom), Media Council of Tanzania (p. 15), Prince Bongani Chikwebo (p. 10 Malawi top), quka / Shutterstock.com (p.9), Rawpixel.com / Shutterstock.com (p.13), Reuben Kyama (p. 11 Kenya) shutterstock.com (pp.1 – top right, 4, 6 –top, 9, 13 top, 20), Reuben Kyama (p.11 South Africa), Salmi Enkali (p.28 top), Uber Images / Shutterstock.com (p.6), University of Pretoria (p. 2) Copy editor and social media Kyle James ([email protected]) The poster on the back page was created by Chaz Maviyane-Davies (www.maviyane.com). Layout Hannah Williams ([email protected]) Additional support for printing was provided by Wordpress, Namibian Media Trust and The Namibian. Distribution supported by fesmedia Africa. 25th Anniversary of the Windhoek Declaration (Sierra Leone) Emmanuel Abdulai [email protected] [email protected] @saffaAbdulai +23233647456 Peter Quaqua, Ndey Tapha Sosseh [email protected] [email protected] +223 202959 +223 78394579 Member unions in Benin, Burkina Faso, Cape Verde, Côte d’Ivoire, The Gambia, Ghana, Guinea Bissau, Guinea, Liberia, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, Togo World Association of Community Radio Broadcasters (AMARC Africa) Alymana Bathily [email protected] [email protected] www.amarc.org @AMARCnews @alymaab +221 776370644 +221 338322713 The AFRICAN FREE PRESS is a MISA project supported by DW AKADEMIE.