SECURING PROTECTION FOR JOURNALISTS

By Dora Addy

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NMC Chairman Apagyahene Kwesi Gyan Apenteng

Legal protection for journalists in the exercise of their profession is an essential pre-requisite for freedom of expression’- Ms. Zulmira Rodrigues, Head of UNESCO, Tanzania office.

‘A journalist is killed at least every week’, says Al Jazeera reports. United Nations Education, Scientific and Cultural Organization (UNESCO) report that in Africa, only 5 of the 131 murders of journalists committed from 2006 to 2015 has been brought to court!

The onerous task of supporting the democratic process is one that will always remain a daunting challenge for many individuals who have chosen to represent themselves in the role of arbiters for the social good of all.

Journalists worldwide are serving their countries in various dimensions to help build the much-needed foundation required to push the efforts of public officials and protocols, in achieving a standard measure of social and economic growth, which is necessary for the all-round development of the people, and the general health of the country.

In a world where many nations are now enjoying a coveted status whereby economies flourish and the masses are accorded and entitled to very basic human rights, journalists have played special roles.  Many journalists today have gained a good reputation for aiding in the development efforts through good report and research, to address some of the most fundamental needs of human existence.

Not forgetting how bravery has been part of the knit work of journalists, there are many who have been jailed either arbitrarily through sheer misuse of power by the big wigs in public office. 

Although most journalists have lost their lives in the frontline of duty, the call for a better life and development of the practice will always be a demand.

The truth is that journalists should not be seen as some mere agents ruining the good party of some leaders. Rather, they serve as instruments of social change that help to put together societies that have been fragmented by the works of some miscreants in high public offices.

Who can deny that journalists have not played a significant role for what we enjoy today? Let us not overlook the fact that, we have so long taken for granted the importance of the existence of journalists in society.

Going down memory lane, we ought to reflect on how the atmosphere was without journalists to speak for us and address those vital development points, which we felt too timid to voice out.

It is very true, the repeal of certain laws, Criminal Libel Law, for example, have helped journalists to thrive these days, but not without their strong efforts to create  a strong tandem of accountability, through the continuous hammering on the need for the fourth estate of the realm to be freed.

Provided that the Constitution strongly supports the existence of a democratic system where all can have the means to freely express their concerns through the public address system of the fourth estate of the realm, a continuous upgrade on the betterment of the lives of journalists is much needed if national development should continue to be a topical issue at the public office bureaus.

 Journalists provide a dynamic platform of public inclusiveness where everyone can have access to the deep secrecies of the national foundry where public officials, who are the appointed pilots of growth, are assessed for their works and other misconducts where they have fallen short.

Accountability is largely necessary in the working of democracy. It would certainly not be fair to keep political in validity when they err, knowing that the growth process would soon be marred if they are contained.

Throughout the world, reporters have to pay dearly for upholding the documents of accountability and responsibility of national leaders, and although efforts are still ongoing to upstage the criminal acts infringed upon the rights of journalists, not much is heard after a billowing on their rights.

In developed countries where their needs and rights are respected, most of them have done so well and grown beyond the borders of conventional works to overwhelming grounds of media setups, where more and more journalists can add their contribution to the journalistic efforts towards public freedom of speech.

But in many African countries today, the case is a matter of ‘survival of the fittest’. Most journalists have not dared to venture into those territories where the real news is; only playing around the grey areas of banal stories, while others are only surviving on the pockets of public officials, and sentimental pieces of information.

A PEACEFUL TERRAIN OF PRACTICE

In its 2015 ranking of Ghana, the Media Foundation for West Africa (MFWA) said that the country was on the trail of a ‘free press freedom environment’, till some incidences against journalists which were considered violent, erupted.

Stan Dogbe, a former presidential staffer molested a journalist

The assault of a journalist’s phone by a presidential staffer, the murder of a journalist, George Abanga, the absence of Right to Information Law, among other shortfalls, contributed to the drop in rankings for Ghana, from ‘free’ to ‘ partly free’.

This is one of the foremost needs of journalists throughout the world. All journalists whether during peace time or conflicts, require a peaceful setting to bring draw out the needed news items for consumption by the public.

In Ghana today, journalists are privileged to have the criminal libel law repealed. This law once kept many journalists mute, while preventing the airwaves to be free. Many journalists were very careful what they reported and how they presented the news.

Some decades back, journalists were not accorded the right of speech, and abuse was rife in the media stream. Democracy was wishful thinking as no one could question any authority.

Creating a peaceful terrain for journalists to pursue their interests in media provides a mutual benefit where accountability becomes a useful part of the running of democracy, and public office holders are held in constant check.

Providing a peaceful terrain for journalists also means that the masses are also accorded the due respect. As Abraham Lincoln rightly said, governance comes from the people; that is, the sole foundation of democracy. Providing a platform where their needs and concerns are addressed puts their mind at rest, and in the long run, develops the respect and peace between them and trustees of leadership.

Journalists packed in a tipper truck to cover a national assignment

Journalists must work without fear, as some have done in the past, causing others to abandon the profession for other jobs because the atmosphere could not allow them to work as they should.

People should accept journalists as agents of social change. Though a number have clearly identified themselves with political parties, there are still some who work assiduously to bring fairness and accuracy in reporting. People must avoid tagging journalists with evil. Rather they should be supported in their bid to rid society of vice and bringing about the much needed development through excellent research and reporting.

Providing a peaceful terrain for journalists would also mean that they are not reduced to mere reporters, but the profession should be respected so that they live well. Most journalists do turn to political affiliations because the profession is not paying much. The duty of a journalist can be challenging as well as dangerous on occasions.

For journalists to have peace, the law must seek to protect them, rather than covering those public officials who go wrong. Naturally, the law would seek to favor political figures over journalists. Serious cases of abuse have been dropped against political figures who were abusive towards journalists. The smashing of journalists’ phones, physical battery, and many other crimes against journalists have been unattended to.

IMPROVING THE QUALITY OF PRACTICE

UNESCO reports on Ghana say that perpetuators of violence against journalists cite ‘unprofessional conduct of journalists’ as justification for their attacks.

Journalists must be aided to present the best of information for public consumption. Here both state and public owned media enterprises must work hard to improve the quality of practice. The quality of news information as presented by journalists must be of truth and accuracy and without fear or favor; only one that is set to serve the needs of the people while alluding public officials their fair share of accountability.

The quality of practice means that the practice of journalism should not be viewed only on a monetary level, but rather recognizing and systematically addressing, some of the major challenges in the practice as strongly upholding truth and accuracy in reporting, and so directing issues to meet this criterion.

In 1994, through the Friedrich Ebert Foundation, a Code of Ethics for Journalists was formulated, and adopted by the National Council of the Ghana Journalists Association. The Code is meant to ensure that members practice the highest ethical standards, professional competence and good behavior in carrying out the journalistic task.

The Code of Ethics provides reference to the National Executive and the Disciplinary Committee and members of the association when it becomes necessary to initiate disciplinary action against any member who flouts any Article of the Code.

While other ethical challenges face the media today, it has become a major concern the number of journalists who would openly declare their status for the existing political cadres, while others will willfully distort information to suit their political heroes. This trend is a lingering pain on the journalistic practice, and a major barrier to the development of democracy.

DEVELOPING LEGAL INSTRUMENTS

United Nations Education, Scientific and Cultural Organization (UNESCO), have partnered with the African Court on Human and People’s Rights to fight impunity against journalists, this year in September. The aim of this partnership is to protect journalists while securing freedom for many, who through the works of journalists can freely express themselves.

In Ghana, free speech, expression and independence of the media as provided by the 1992 Constitution, repeal of the Criminal Libel Law and Sedition by Act 602, Limitation and Restrictions on media freedom, speech defense provisions, defamation, and the Whistle Blowers Act are some protective instruments to protect the rights of journalists in Ghana.

As much as journalists have been helped to improve the reach of their information to the general public through the repeal of the criminal libel law, and other laws provided for the media in the 1992 Constitution, attention should be drawn to those areas where journalists do err by the change of information to suit some members of the political stream.

Roland Affail Monney, President of the Ghana Journalist Association

The Right to Information (RTI) Bill which is in its consideration stages in parliament, has been in discussion since 2013. This Bill is a fundamental human rights provided by the 1992 Constitution, and recognized as a right under International Conventions on Human Rights.

This Bill is to give meaning to Article 21(1) (f) of the Constitution which states that ‘All persons shall have the right to information subject to such qualifications and laws as are necessary in a democratic society.

With the passing of this Bill, journalists will be able to access information without difficulty. Accountability of public officials will provide a necessary path towards the democratic process.

Where journalists have intentionally distorted information, such persons should be brought to book for misinformation, while others who still accuse falsely on purpose must be meted with the same punishments.

It is important to have other private media outlets, but as long as they exhibit strong political affiliations such entities should be strongly regulated and cautioned when they go wrong. Regarding the rate at which media establishments are sprouting, it is easily observed that most of them emanate from the resources and funding of political figures.

Government must step in to challenge the authenticity of information provided by media houses and issue punishment when offences are made in regards to the distortion of facts and other offences of abusive language used on the media platforms.

THE WISH TO DO MORE

The art of presenting the facts has been a lure and provided employment for many who have sought to improve themselves above their peers, thus rising through the ranks to become notable names in the media industry.

But still many more are not free to practice the art they have so long invested into. The system in other countries does not allow journalists the freedom of full practice. Rights are not just meant for journalists in other countries, and many today face jail sentences and other fines for reporting the truth.

As of 2005 to 2014, UNESCO reports say that there were 138 cases of violence against journalists in the country, and most of these cases were perpetuated by the security forces through the Police and Military, while political party affiliates trailed along.

WHO IS TO BLAME?

Journalists’ role in society is very important to determining the outcome of many of the useful interventions for national development.

These people only play a lead role in ensuring that society benefits from the much-trumpeted policies that public officials promise to the masses. They are the link between rulers and the ruled and so must act appropriately to bring order while development is being worked on the drawing boards.

When journalists choose to misconduct themselves, they only create confusion, and confusion can lead to many dangerous things. While peace is more expensive, there is the need to bring accuracy in every aspect of the journalistic effort, while avoiding political biasness.

The chasm caused by journalists when they decide to go ‘political’ is the effect of the deepened political strain in the country at the moment.

Public officials who have not endeared themselves to their given tasks find themselves wanting. Perhaps they have worked hard in their duties, but may be hiding a ‘secret sin’ that would tarnish their image.

Journalists are the watchdogs and should not play politics because information is always necessary to determine the next course of action.