Somali Journalists Ambivalent About Draft Media Law
Mogadishu — Somali journalists are expressing a range of opinions on a proposed media law that some say will allow the government to control the press and limit the free flow information.
Somalia’s federal parliament soon will debate the draft media law, which the cabinet of Prime Minister Abdi Farah Shirdon approved July 11th.
Free press advocates, including the international watchdog Reporters Without Borders (RSF), have criticised the draft law, saying it restricts freedom of information, encourages self-censorship and would empower courts to demand Somali journalists reveal their sources.
RSF and the National Union of Somali Journalists (NUSOJ) have called on the government to implement several changes to the bill.
The NUSOJ wants the government to remove two controversial articles from the draft law: one that would place the National Media Council under the Ministry of Information, thereby eliminating its independence; and one that would suspend foreign media representatives from operating in the country if they are accused of violating the media law and their cases are pending.
The NUSOJ has forwarded those and other articles of concern to the Ministry of Information, which has agreed to look into it, according to NUSOJ Secretary General Mohamed Ibrahim.
Even though the bill still needs work, it does take positive steps to restrict media organisations that cause harm to politicians and the public, Ibrahim told Sabahi. Somali media outlets have been operating without any laws that can rein them in when necessary, he said.
“This law prohibits unfounded individual attacks and character defamation based on Article 21 of the bill, which states, ‘Any individual or agency that is harmed using media instruments can demand compensation equal to the total harm suffered, and this can be forwarded to the judicial courts if the sides cannot come to a mutual understanding,'” Ibrahim said.
“This law allows the media to make its contribution to the [positive] changes happening, now that the country has a permanent federal government,” he said.
For his part, Information Minister Abdullahi Ilmoge Hirsi has gone on record saying that the bill would give journalists greater clarity of their rights and responsibilities.
Abdiasis Abdinuur Ibrahim, a journalist who was jailed for several months after he interviewed a woman who said she had been raped, told Sabahi that the proposed law should comply with the Somali constitution and international press freedom standards.
As it reads, the bill does not give media outlets the right to seek compensation if their rights are violated, he said.
“The law addresses the fines to be demanded from any agency or reporter who is accused of violations, but it does not state what will happen if the government infringes upon the rights of the press,” he told Sabahi.
A new chapter for Somali press:
Nevertheless, the law would mark a new chapter for the Somali press, giving it unprecedented freedom and a set of rights and responsibilities, said Abdinasir Hirsi Idle, former director of Radio Hurmo and former deputy director of HornAfrik Radio.
“[After independence], Somalia underwent 21 years with a dictatorial leadership that did not allow independent media, followed by 22 years of chaos after the civil war,” he said. “Privately-owned media [organisations] arose during this period but there was no functioning government and there was no law to organise the work they were doing. The importance of this law is that it will allow a free press with a system and order for the first time.”
“Since this is the first law [of its kind], it will take time for the journalists to become satisfied with it, because they have never seen codes that limit the work they do for the public,” Idle told Sabahi.
Abdi Ismail, who heads the independent Shabelle Media Network, said he welcomed the creation of a national media law, but said in its current version, the government was trying to silence journalists.
“The government wants to indirectly tell us to close the broadcast stations because what the law states will not allow independent operation,” he said.
The law could dissuade sources from giving reporters the information they need because they would fear prosecution, Ismail said, adding that reporters were not given enough time to analyse the law.
The law states that media agencies cannot operate without registering with the Ministry of Information or otherwise receiving written permission. On July 16th, the ministry ordered all media stations to register with the government within 45 days.
Four days after the ministry issued its registration order, the prime minister attempted to allay journalists’ concerns.
“I am on record numerous times on the subject of defending press freedom and journalists’ rights and my government’s commitment to this is unshakeable,” Shirdon said in a statement July 20th. “I would like to assure Somali journalists and the international community alike that there is plenty of time for consultations on and amendments to the media law.”