FROM THE PUBLIC EDITOR'S DESK : State should defend speech, not control it

I have all along held the view that no law or constitution provides human life. However, these two, and possibly others, can either destroy, or provide protection, to life. Decency demands that authority defends human life.

This is because life is what constitutes a human being who is neither the product of the law nor the constitution.

Inherent in the human being are thinking and self-expression—speech, gesture or any other form through which to share information and feelings.

Therefore, any attempt at encroaching on the above inherent rights of an individual, is an assault on freedom of expression – a human right.

Invasion on the inherent right to free speech comes in many ways. It could be through threats to citizens – ordering them “to shut up” even on matters that affect them.

It could be through authority working in secrecy – in total darkness – so that citizens, especially the enlightened section of the public, does not see certain things that could arouse questioning and the desire to know more.

Another way of interfering or tempering with free speech is through enactment of laws that are deliberately meant to be hard on media owners, managers, editors, reporters and printers.

This goes with criminalisation of editorial errors, which would otherwise be dealt with at desk level and through a process that would be beneficial to all old—and fresh scribes.

While the laws may threaten practitioners and hold them captive in total self-censorship or resignation; transgression is met with heavy and impoverishing fines that could see many or all media outlets closing down business.

The closure of media outlets could leave populations without supply of information and news; but could also leave workers without employment and income.

Draconian laws apart; there are physical attacks on media houses and individual journalists. These could be the work of those claiming to have been badly depicted in media or retaliation for exposure.

Such attacks, which the police claim are committed by “unknown assailants”, have created fear and unending trauma among media practitioners.

As if that was not bad enough, in some countries there are standards of entry into journalism and licencing of all journalists.

Entry standards, for example— certificate, diploma or degree in journalism; or degree in any field with certificate and or diploma in journalism.

However, complaints abound, for example in Tanzania, that “…there are those bedecked with diplomas and degrees but cannot write a story.”

And, this licencing; it can be used to deny entry or renewal of licence to committed, hardworking investigative journalists.

All such acts are meant to silence journalists. But it is now no longer a secret that silencing journalists and journalism is silencing audiences.

All is done to dry up the fountain of information; sealing entry points and finally blocking the veins that throbbed with news and information and which refreshed or fed the thinking process. This is why we keep reminding every scribe, every human rights activist and every conscious individual, to consciously keep on reading laws on media and free speech—in the country and beyond.

There is the right we cannot let anyone ride on and whip everyone else and still claim to remain human like the human being whose free speech is inherent. No!

And this inherent right to free speech is what we call a human right—to shout out your opinion and your grief; and write uninterruptedly and without being asked whether you have a licence or not.

This right can never be equated with the mere wish to become an engineer, doctor, pilot or carpenter. No!

But still, all those in their trades still have the right to express themselves—through speech or writing—and unhindered by licences.

With experts—editors, managers, programmers—let the whole world speak and write; and let experts do their job.

Decency demands that authority defends human life and its inherent rights; and it doesn’t need the Board to offer licences to the entire population of this nation so that they express themselves—speak and write.

Ndimara Tegambwage is Public Editor with Mwananchi Communication Limited.0763670229