Francis Sowa, Lecturer and Media Freedom Advocate
It is exactly one year since President Julius Maada Bio officially assented to the Public Order (Amendment Act) 2020. That landmark ceremony happened on the 28th October, 2020 after several years of advocacy for the repeal of the law. It followed another historic day in Parliament when on the 23rd July 2020, the House unanimously repealed the criminal and seditious libel law provisions. The giant that stood on the neck of the media fraternity and industry was finally killed. The House on the same day passed into law the bill entitled Independent Media Commission Act, 2020. On that day, journalists almost became MPs- scrutinising the Bills together with the actual Honourable Members.
Tears of joy were literarily shed. Thanks again to President Julius Maada Bio, Parliament, Minister of Information and Communication, Mohamed Rahman Swaray, Sierra Leone Association of Journalists (SLAJ), Independent Media Commission (IMC), United Development Programme (UNDP), National Endowment for Democracy (NED), Media Foundation for West Africa (MFWA), Media Reform Coordinating Group (MRCG) and hosts of Civil Society Organisations for the different roles they played during the process.
Many SLAJ Presidents fought for it, but it happened under the tenure of somebody I call one of the ‘blessed and luckiest’ men on earth- Ahmed Sahid Nasralla (De Monk). He scored a penalty with an almost empty goal after a not too easy dribbling by former Presidents Umaru Fofana, Kelvin Lewis and others. Even ‘VAR’ could not contest the goal; the referee (Parliament) made no clear and obvious error in awarding the penalty and allowing the goal. The game was over. The celebration ended. It was now about life and practice of journalism after the historic repeal.
The concern
The major hue and cry before the repeal was that there would be reckless journalism thereafter; metaphorically the ‘heavens would fall’ after the repeal. Those who held that view about the media in Sierra Leone (and I must say that there were many) sounded like what Former British Prime Minister, Tony Blair, said about the British media in one of his farewell speeches on 12 June 2007: “The fear of missing out means today’s media more than ever before, hunts in a pack… it is like a feral beast, just tearing people and reputations to bits…. The final consequence of all this is that it is rare today to find balance in the media.” In fact to make matters worse, Blair in the same speech referred to long-gone British Prime Minister, Stanley Baldwin, as having said: ‘Power without responsibility being the prerogative of the harlot through the ages.’ Those who shared those views cannot be out rightly dismissed; they may have legitimate concerns.
But what has happened in the last one year?
The media institutions have continued to practise their trade/professions in an encouraging manner. I cannot say that the media institutions have performed excellently in the last one year. We have not got 100% excellent publications and broadcasts. It does not happen anywhere in the world. But there is an indication that a good number of them are moving towards the path of professionalism. There have certainly been stories that do not conform to ethical standards. However, SLAJ and the IMC are taking actions to improve the quality of journalism. The IMC Complaints Committee continues to look at the breaches of the Media Code of Practice while SLAJ has revamped its Disciplinary Committee to enforce its Code of Ethics.
What has not happened, but should happen?
The repeal of the law is expected to create an enabling environment for media practitioners and civil society activists to hold government accountable and promote good democratic governance. The repeal is supposed to open up the media space by attracting investments in journalism. That is yet to fully happen, but there are signs that the sector will continue to attract the necessary investments. President Bio promised at the signing ceremony that “My Government will also support an investment conference on the media with a view to supporting enhanced private sector investments in the media.” That is yet to happen. But steps are being taken to organise the conference as the MRCG which I lead is part of both the Steering and Technical Committees of the conference. The media need private sector investments. There is no way the media can perform better in the post libel era with the kind of infrastructure, equipment and financial resources they have currently. International organisations like the United Nations offices, the British High Commission, United States Embassy and Irish Aid in Sierra Leone should not just stop at calling for media freedom, but should also support capacity building for institutions and journalists.
The IMC, the media regulator, has not been given the needed resources to roll out its programmes after the post repeal. The Commission lacks the necessary pieces of equipment, effective modern media monitoring tools and the mobility (vehicles and motorbikes), offices and the required number of staff to do its work. The government and international organisations must provide the technical, logistical and financial supports to the Commission.
There is also a need to look at and review the civil libel provisions in the Defamation Ordinance, Act No. 32 of 1961 to ensure that it provides adequate defences that protect media freedom.
What should the media do?
As media practitioners, we should turn the searchlight to ourselves; improve on the quality of our work; be professional; and admit and correct mistakes when they occur. Let us remember the words of Prof. Timothy Garton Ash of the Reuters Institute as we do our work. He said: ”…I believe that journalists should continue to see it as an important part of their mission to ‘speak truth to power.’ But when journalism itself has become such a power, it also needs truth spoken to it.” (The Guardian, November 16, 2006). This is where self- regulation comes in.
In conclusion, let our media breathe. Open up the media space and provide the necessary support. No doubt certain things may go wrong along the way, but the heavens will not fall. Let us continue to promote media freedom and responsible practice anchored on self-regulation. Happy one year anniversary as the official signing of the Public Order (Amendment) Act of 2020 took place on the 28th October, 2020.
