After two FijiFirst government terms, the controversial Media Industry Development Authority Act is finally undergoing a review.
That’s good news to the local media fraternity, journalists and the people of Fiji. Last week, the President of the Pacific Islands News Association, Kora Nou warmly welcomed the new Fijin Government’s immediate push to revisit and review the current media laws in Fiji.
“This is a highly commendable undertaking by the new coalition Government,” Mr Nou said. “We are particularly pleased and actually welcome the commitment from the coalition Government to restore media freedom in Fiji after 16 years.”
The new Government had pledged this affirmative action would happen during its first 100 days in office. The call for a review had been sounded many times before, in fact right from the days Fiji’s media laws took a negative overhaul after the 2006 coup.
It was particularly loud during the lead up to the recent general election. In May last year, the Fiji Media Association supported the “review and removal” of sections of MIDA Act that imposed harsh penalties on the media.
Association secretary, Stanley Simpson, said these sections included breaches on content deemed against the public interest or order, against national interest, or created communal discord, or even if the media did not include a byline for articles exceeding 50 words.
The fines, Simpson said, for any of the above breaches were up to $100,000 for media organisations or in the case of a publisher or editor a fine up to $25,000, or up to two years imprisonment.
“While the Fijian media have been doing their best to be bold and free and abiding by their code of ethics — these laws are making many media organisations and editors hesitate about publishing or broadcasting certain views that may go against the government based on how they may interpret that legislation and come after a media organisation,” Simpson said.
“The fines are too excessive and designed to be vindictive and punish the media rather that encourage better reporting standards and be corrective.”
The People’s Alliance and National Federation Party coalition, in its 2022 election manifesto and campaigns, said within six months of taking office, they would review MIDA, calling it a “draconian law”.
It seems the coalition has kept its promise. “We will free the media in this country from the shackles of the draconian media laws that exist,” NFP leader, Professor Biman Prasad said last year. “In six months we will review all the draconian laws, we will identify all of them and the Media Decree is one of them.
“In a democracy, the media are called the Fourth Estate, they are the most important people. “I know the work they do is not easy.” Over the past 16 years, interest groups and civil society had always agreed that journalism and the media were very important pillars in a democracy.
One of the points touted as the reason why MIDA was necessary in the first place, was to improve declining media standards. FijiFirst leaders easily claimed that it had noble intentions by way if training and quality but their media laws provide for journalists to be fined or jailed for doing their work.
Through MIDA, journalists were forced to reveal their sources and this allowed the government to control the media authority. It became the perfect tool to inculcate a culture of self-censorship and to control Fiji’s otherwise vibrant news media.
Since its establishment, MIDA had called for balanced, accurate and evidence based reporting encouraging quality journalism that was ethical and followed internationally recognised protocols of responsible journalism. MIDA was also to have facilitated effective training for the media.
But up until the exit of the Frank Bainimarama-led government MIDA was seen as ineffective and had done little to nothing to conduct robust training and raise media standards.
Despite a controlled media environment, evident by the massive fines that hung over journalists and media organisations’ heads, they had continued to perform their roles of informing the public and holding Government accountable, in a timely and transparent manner.
The past years were not easy. While some media outlets succumbed to pressure, others remained steadfast and committed to their roles and functions, knowing that their oppressors would not be in control forever and would one day fall.
The non-imprisonment of journalists over the years has often been used by leading politicians to justify that the Media Decree was not as draconian as widely perceived.
However, it must be pointed out that what the Act did was create an environment of fear that was dangerous for media freedom, media integrity and independence and curtailed freedom of speech, expression and publication. In the end transparency and accountability failed and democracy weakened.
During the recent Fiji Law Society Convention, Attorney- General and Minister for Justice, Siromi Turaga, affirmed government’s commitment to reviewing MIDA saying a nation that is ruled by the impulse of one or a close set of leaders becomes divided and controlled.
Mr Turaga added that, on the other hand, a free and independent media was one that was not subject to draconian laws.
He said the Media Decree and MIDA Act, in its current form, were not consistent with the principles of accountability.
“Transparency in Government means that what Government does is visible.
We are committed to consulting widely with the community, particularly widely with the community, particularly those affected by the laws passed by the previous Government,” Mr Turaga said.
Meanwhile, PM Sitiveni Rabuka has reminded journalists the review of MIDA would allow media practitioners to do their work without fear as long their reporting was accurate and balanced.
Until we meet on this same page same time next week, stay blessed, stay healthy and stay safe.
