OPINION: Co-regulation in the Tanzanian media industry
The regulation of media in Tanzania is as problematic as in the rest of the world. But while the debate in other parts of the globe is moving towards comprehending the changing dynamics of media and journalism operations with the advent of new media formats thus realigning media regulation regimes to accommodate Government and private players, in Tanzania, the debate seems to moving away from media self-regulation that has been working well in the professionalization of journalism albeit with challenges, to demanding for more stringent laws, administrative control mechanisms and moral/national values arguments to justify reducing space for free media. This is unnecessary, as the country can try the co-regulation model that has worked elsewhere with ease.
Media and Government adversarial relation is not new and unique to Tanzania, and government should not be worried to a level to cripple media through control through the various agencies established through the Media Services Act, but open to consider other regulatory mechanisms that will minimize tensions through considering to delay the full implementation of the Act, and consider through dialogue with stakeholders to try the co-regulation method. Its working in other countries including Kenya, South Africa, Swaziland, Benin, Ivory Coast, Germany and the Scandinavian countries.
The current media council of Tanzania can be transformed into such a body initially, with the board being expanded to include Government representation, then eventually turned into a fully public agency representative of all Tanzanians. Uganda tried bit Independent voluntary media council and a statutory one, it it never really worked for the government and the media sector players. A common agreed approach for both Government and industry players and other sectors of the society is the most ideal.
As the President recently acknowledged during the 39th SADC conference in Dar in August, 2019, the central role of the media, and his appreciation of the good work of the media, in covering the event positively and bigger role in national development, media is not an enemy of the country.
Media only needs a conducive working environment, strong respect for access to information framework and media and government dialogue, investment in media development interventions and trainings, and it is the best enabler of public participation, good governance and national development. Its not the enemy as presented that needs control and policing, but requires room for professional growth, professional regulation and space to exercise their social responsibility. Invest more in media development through increasing funds for training, media and government engagement, tax rebates on print and broadcast equipment, introduce media diversity and development funds instead of media control.
The Co-regulation model involves both Government and non-state actors coming together to form an independent statutory media council, that is independent and free from Government, Advertisers, media owners and journalists influence. Co-regulation involves government, independent regulatory agencies, industry, independent self-regulatory agencies, civil society groups and citizens/consumers in an overlapping set of relationships.
Case study of the model in Kenya; It can take either the form of the board-the policy making organ drawing members from Media Owners, Kenya Editors Guild, Kenya Union of Journalists, Law Society of Kenya, Public Relations Society of Kenya, Kenya Correspondents Association, University and mid-level colleges teaching journalism and Government representation from the director of information from the ministry of information. It has a complaint handling mechanism that draws members from experienced editors, communication scholars, lawyers among others.
Or where the regulator is opened, the former group that composed the board and complaints commission, constitutes a board selection panel that interviews current board members. Editorial content, professional and ethical issues of media are regulated by the media council including from members of the public, government and media themselves.
The director of information is a department at the Ministry, and does handling of public communication and information, through running the Kenya News Agency, Kenya Film Services, public communication (Government spokesperson), Government Advertising Agency, MyGov publication and other communications. The director has no role in banning or registering media. Journalists are not divided according to the channel one works for-print, broadcast and online.
The media council does accreditation of journalists, media development, advises stakeholders and government on media policy. The body is funded by the government because it’s a public body but also draws resources form journalists through accreditation fees and from media houses/owners through annual subscription fees. Decisions of the Council including fines, suspension from practising, name and shame can be appealed trough the High Court. Media regulations is not going to done through external means by non-media organizations creating some many laws and administrative codes but journalists and media stakeholders themselves through a conducive legal regime that accepts that journalism is s profession and not a craft. The continued operationalization of the Media Service Act, 2016, Cyber Crimes Act, 2015 and their respective Regulations, the Electronic and Postal Communications (Online Content Regulations), 2018 and amendment of the Statistics Act, and the Media Services Rules, should be slowed down to allow dialogue .
The Writer is the Head, Media Development and Strategy at the Media Council of Kenya
