02 Aug 2020

Consultations are ongoing with key relevant stakeholders for the development of statutory instrument that will replace the Media Practitioners Act (MPA).

Speaking in Parliament on Thursday, Minister for Presidential Affairs, Governance and Public Administration, Mr Kabo Morwaeng said the envisaged instrument would safeguard the interest of the media as well as that of the public.

He was responding Selebi Phikwe West MP, Mr Dithapelo Keorapetse, who had tabled a motion to repeal the MPA.

Mr Morwaeng said he was against the repeal of the Act as presented by Mr Keorapetse because an act in question could not be repealed without any available instrument in place to be used.

“We cannot repeal the said law and replace it with nothing,” he said.

Furthermore, he said he was aware that since the Act was passed by Parliament in 2008, it was ultimately rendered inoperable due to the unwillingness of stakeholders to assume their responsibility to operate the Media Council in line with the Act’s provision for its establishment.

He said other factors were that the minister was unable to appoint Appeals Committee due to the unwillingness of Law Society Botswana to recommend a chairperson, as well as the absence of a functioning council.

In this regard, he said he had initiated consultations with stakeholders for development of a legislative instrument that would safeguard the interest of the media and the public at large.

Given that, he said there was need to put in place a regulatory body that journalists or publishers had no direct control of, so as to protect the interests of the public and the media itself.

He also said publishers of news should indicate as to who was responsible for the contents of their publication, while practicing journalists were to be registered by the council.

Mr Morwaeng further said there was need to incorporate an office of media ombudsman into new regulatory framework that would provide a cost-effective full time office to receive and act upon public complaints.

He said such an Ombudsman should be further empowered to undertake own investigations and make recommendations on matters of abuse within the media industry.

He also indicated that media council should be empowered to serve as a body of administrative adjudication for members of the public aggrieved by false reports, hence its powers should thus include the right to instruct publishers to publish corrections, retractions/ and or rights to reply, as well as its own findings in a manner that ensured they were give due prominence.

Meanwhile, when arguing for the motion, Mr Keorapetse had indicated that the Act contradicted Section 12 of the Constitution, which guaranteed freedom of expression, which also implied freedom of press.

He said the object of the Bill was to repeal the MPA, which was passed by Parliament in 2008 - about 10 years ago. He argued that the Act was never implemented mainly because key stakeholders refused to participate in it, yet their participation was mandatory in the Act.

Among the things he argued for was that the MPA crimilalises journalism, restricts media work and intimidates journalists. He also said the legislation promotes self-censorship by publishers, journalists and editors.

“Why have a law that you cannot use for a decade. Such laws even the Court of Appeal has advised that they should be repealed,” he argued.

The debate on the motion continues. Ends