‘Draft’ hits media

All this is done under the purported “Recognition and Protection of Fundamental Human Rights and Freedoms, Part 1: Rights Enshrined.’’

However, instead of listing our individual rights as done in our present Constitution, the Draft actually claws them back.

The Draft’s clause 21 on “Freedom of the Press” sweetly states everyone has the right to “freedom of the press and other media communication” and the “free interchange of thoughts and opinions,” but ends with a sting-in-the-tail. This is an insidious clause, which at first glance seems to say nothing, yet gives the Government sweeping, blanket powers to control free expression.

Clause 21(3) states: “Everyone may accordingly speak, write or publish freely, subject to the responsibility to answer for abuses of this freedom in circumstances prescribed.” We ask, what exactly are the “circumstances prescribed,” that will make people accountable, who will prescribe them and who decides what is an abuse?

The fact is, this phrase restricts freedom of speech and freedom of the media and is deliberately vague. However despite its vagueness, it would still be the supreme law of the land, our Constitution, and could at any time later be defined by a law passed in Parliament by a simple majority to mean whatever a particular government wants it to be. Moreso, under this Draft, the Government would be headed by an Executive President who is not answerable to a court of law. We say this Draft is very dangerous.

The Draft also specifically attacks media freedom in clause 14.

While supposedly backing the “right to freedom of thought, belief, opinion and expression,” the Draft states: “The right under this section shall not prevent the State from requiring the licensing of or other forms of regulating any means of broadcasting or publishing information or data to the public.”

So instead of protecting individual rights, the Draft in section 14(3) creates a new power for the Government to control television, radio stations, and newspapers, just so! This imposition comes without public consultation and without cause, failing to identify any “mischief” previously done by the media that needs to be remedied.

Section 14(4) says this governmental control over the media “may be subject to such formalities, conditions, restrictions or penalties” prescribed by law and justifiable in a free and democratic society.

The Draft says the media could be restricted for example in the interest of “national security; territorial integrity; public safety; the prevention of disorder, crime or the disclosure of information received in confidence; the protection of health, morals (Who decides what is moral and what is not?), the reputation of others, or the rights and freedoms of others; or for maintaining the independence of the Judiciary.”

This is a serious attack on the freedom of the media.

Editor’s Note: We will return to this serious attack on our rights and freedoms tomorrow.