Maputo — The Mozambican chapter of the regional press freedom body MISA (Media Institute of Southern Africa) has warned that several provisions of the draft press law currently before the country’s parliament, the Assembly of the Republic, pose threats to the advances made in the current law.
Tuesday is the 30th anniversary of the passage of the original press law of 1991 which promoted pluralism and diversity in the media, allowing private and community media to flourish alongside the publicly owned media.
MISA believes that a new law is justified by the technological changes in the media landscape that have happened since 1991, but it fears that, as it stands, the draft could smuggle in new restrictions on press freedom.
The draft proposes a new media regulatory body, but does not grant it independence from the government, Furthermore, there is already a body which acts as a regulator, the Higher Mass Media Council (CSCS), which is enshrined in the Constitution, and on which elected journalists sit. The draft seems to marginalise the CSCS, and is thus arguably unconstitutional.
MISA fears that the government may seek to control the mechanisms whereby the profession of journalist will be self-regulated. The main innovation proposed by the draft is the licensing of journalists. Nobody would be allowed to practice journalism without a professional licence.
Initially, many journalists – and particularly the National Union of Journalists (SNJ) – welcomed this as a way of keeping charlatans out of the profession. But now it seems that MISA fears licensing will work against journalists.
MISA also protests that the draft continues the past practice of criminalising press offences (which mainly refers to libel) despite recommendations that this matter should be treated under civil law, not criminal law.
An extraordinary provision in the draft is that no foreign media may have more than two correspondents in Mozambique. MISA regards this as completely unnecessary.
The draft maintains the existing limitation on foreign ownership of media to 20 per cent “at a time when the country needs to open up to the rest of the world, and when other, strategic sectors of the economy are open to a much higher proportion of foreign investment”.
MISA draws attention to the dangers that the draft may present for the use of fundamental rights such as the freedom of expression and of the press. It urges Mozambican society to remain vigilant and to ensure that any new law continues to offer firm guarantees for these freedoms.