Media Council will preserve professional standards within the media

Ihave the honour to present before this Honourable House, for second reading the Media Practitioners’ Association Bill 2022, Bill No. 8 of 2022.

The Media Practitioners Act ( Cap. 61: 09) ( Herein after referred to as the Act) is a law establishing a Media Council for Botswana for the purpose of preserving professional standards within the media and to provide for matters related thereto. The Act commenced on 31st December 2008.

Since commencement, the operation of the Act has been frustrated by the resistance from the media fraternity, who view the law as draconian and counter the democratic values of Botswana. The contention being that the law interferes with media freedom.

A decision was made to repeal and reenact, with amendments, the Act with a view to improve media’s relations with Government and Botswana’s standing in the global press freedom index. To that end, extensive

consultations were done with the media fraternity and educational institutions to come up with a law best suited for Botswana. During consultations it was agreed that the new law be renamed the Media Practitioners’ Association Act, to distinguish it from the soon to be repealed Media Practitioners’ Act.

Some of the significant difference between the Media Practitioners Act and Media Practitioners’ Association Bill, is summarised as follows:– a. the object of the Media Practitioners’ Act is the maintenance of high professional standards within the media compared to the object of the Bill which accentuates freedom and independence of the media. Accordingly, one of the main objectives of the Media Practitioners’ Association Bill, which substitutes the Media Council, is to promote the freedom and independence of the media; b. In the spirit of attaining the object of freedom and independence of the media, the Bill removes the involvement of government in the day to day affairs of the media as follows:

( i) the Minister does not play any role in the appointment or dissolution of the governing body of the Association. He does not have the authority to direct that the governing body be dissolved and that a new body be elected, as is the case at section 35 of the Act; ( ii) the Bill has done away with a

provision which enjoins the chairperson of the governing body to deposit a copy of any proposed amendments to the Code of Ethics with the Minister; ( iii) the committees established in the Bill are not appointed by the Minister compared to the Act where the Minister appoints committees such as the complaints committee and the appeal committee;

( iv) good conduct of journalists is emphasised in the Bill. This is evidenced by provision for the establishment of Ethics and Conduct Committee under part 9 of the bill, whose one of the functions is to ensure adherence to high standards of journalism. This is a major improvement from the Act, which only makes provision for the issuance of a code of conduct by the Council;

( v) under part 7, the Bill introduces a fund to be known as the Media Fund, which is to be administered and managed by the Board. Further, the Bill makes provision for the administration of the Fund. This is yet another noteworthy improvement from the Act as the provision for such a fund will enhance the financial independence of the media Association;

( vi) the Bill introduces offences and penalties for contraventions set out at clause 60 of the Bill. This is another important improvement from the Act which serve the purpose of putting pressure on media practitioners and any other person to deter from contravening the set provisions of the new Act; and

( vii) to address the contention by the media fraternity that the Act is draconian, the Bill, in the regulation making provision, provides for the Minister to make regulations in consultation with the Association.

Further, the regulation making provision in the Bill has shied away from permitting the Minister to issue directions to the Association. For instance, the Minister no longer has the regulation making authority to issue directions for the dissolution or constitution of the Executive Committee, as is currently the case at section 38 ( a) of the Act.

The regulation making provision in the Bill is only concerned with ensuring better carrying out of the object of the Bill and prescribing anything that ought to be prescribed under the Bill.

The involvement of the Minister in the regulations making process is occasioned by the regulation making power that vests only on the Minister, as provided for under the Statutory Instruments Act.

It is worth noting that the Bill brings a lot of improvements that are geared towards promoting and protecting the freedom and the sought- after independence of the media. Most importantly, the Bill brings in the desirable element of accountability within the sphere of

journalism by requiring that media enterprises

indicate the full names of the journalist responsible for publication when publishing news or news articles in the newspapers and magazines, radio and television broadcast or other electronic means. This development will safeguard the interests of the public and promote professional standards in the media.

Statement made before parliament by minister Kabo N. S. Morwaeng on the Media Practitioners’ Association Bill