Aug 15, 2012

Liberia: A Dichotomy of Press Freedom

Fatoumata N. Fofana, The author
While media houses in Liberia currently enjoy freedom of expression, in reality, their functions as conveyors of public information, investigators and repositories of public trust, remain a subject of heavy regulation by law. Facing an uphill challenge for sustainability, there are ominous signs that the issues of press freedom and independence of the press could threaten the future of the industry in Liberia.

The Liberian media remain subject to regulation by Government, in spite of the constitutional provision calling for their protection. Articles 15A and B of the 1986 Constitution of the Republic of Liberia do protect the freedoms of expression, of speech and of the press. This constitutional provision also underlines that “this right shall not be curtailed, restricted or enjoined by government save during an emergency declared in accordance with this Constitution.”

Regulatory Laws

However, Decree No. 46 of 1981, which created the Ministry of Information, empowers the Ministry, through its National Communications Bureau, to regulate journalists and journalism in Liberia. On an annual basis, this Bureau is responsible to license media entities before they are allowed to function in Liberia. Any entity which functions without due registration is held culpable for a misdemeanor of the first degree.

Mrs. Elizabeth Hoff, Deputy Minister of Information for Technical Affairs, confirmed that this measure was instituted by government prior to the country’s 14-year old civil conflict. “Every media institution, depending on what they run, is required to pay a license fee. If you are running a newspaper, you are required to pay an annual regulatory fee of US$100; radio and television stations are required to pay US$250 as annual regulatory fee,” she said.

The Ministry’s Communications Bureau also makes appropriate recommendations for the suspension of the license of a journalist who is adjudged to have violated the provisions of the Decree or regulations made under it. The Bureau is vested with the important function of regulating the importation, exportation, publication and distribution of books, newspapers, and so forth, including the right of the Government to ban any of these and to set and enforce journalistic standards in relation to these activities.

As Mr. Peter Quaqua, president of the Press Union of Liberia puts it: “Even though these laws seem to be relaxed during this regime, we’ve still continued to argue for these media-unfriendly laws to be erased from the books.”

The FOI Law

In October 2010, Liberia became the first West African country to pass a Freedom of Information (FOI) Act which gives news-gatherers and the general public unfettered access to public records. The objectives of the Law include:

• Removing restrictions on and establishing procedures for accessing information in the hands of public or private authorities that perform public functions;

• Making the practices and procedures of public authorities available to the public, facilitating the disclosure of information to the public at reasonable cost;

• And guaranteeing the right of every individual to access his or her personal information held by private and public institutions.

Unfortunately, the professed intents and purposes of this law are yet to come to fruition. The Press Union of Liberia recently expressed grave disappointment over the denial by the Criminal Court ‘A’ to provide certain documents in its possession under the Freedom of Information Act of Liberia. The Union said it was far beyond 60 days since it requested the Court to provide copies of the species of evidence presented by government’s lawyers in the case against three media entities that were seized on allegation of broadcasting ‘hate messages.’

While describing the Court’s denial as a bad example for the implementation of the law, the Union urged the government to remove the misgivings that the FOI was a mere publicity stunt. It may be recalled that on November 28, 2011, the PUL filed an FOI request to the Court to serve it copies of the evidence received from government prosecutors. The Court acknowledged receipt of the request on December 8 and indicated its willingness “to produce the said evidence requested for…” but only after the Union had gone public on the Court’s silence.

Who Controls the Liberian Media?

The issue of control of the Liberian media has both political and economic manifestations.  Political control of the media goes as far back as the days of the Liberian Age, the propaganda wheel of the True Whig Party which ruled Liberia for over 100 years.  While other independent journalists and newspapers as a whole during the TWP era experienced great persecution, the Liberian Age carried out the propaganda of the ruling elite.  Journalists working for independent newspapers as well as those working at the Age who attempted to ink their independence -- via some criticism of government -- risked punishment and humiliation up to and including jail. Two major examples are the late Liberian press legends Albert Porte (Publisher, The Crozierville Observer) and Stanton Peabody (Editor, The Liberian Age), respectively.

The contemporary political control of the Liberian media shows individuals – many of them politicians and wannabe politicians – investing in print and electronic media outlets under the guise of independence.  This scenario suggests that those with political ambitions establish their own media outlets to have direct control over what comes out in the media.  The owners of such outlets, however, are no secret, which essentially counters the perception of credibility they wish to portray.  Then again, some editors and reporters of such outlets have complained of important stories being suppressed for the preferment of other stories with little or no news magnitude, and that media managers emerge “from meetings behind closed doors” only to suddenly change the entire front page without explanation.

That’s not all.  Many Liberian media practitioners vehemently reject the idea of independent media outlets endorsing political candidates during an election campaign.  It is an on-going debate between those who believe it goes against professional ethics and others who believe that, though it might be admissible, Liberian media consumers might not be “media literate” enough to comprehend the implications of political endorsements.

On the economic front, however, the Liberian media remain strangulated. Politicians (again) and other individuals with deep pockets are able to control the media in very serious ways. They call some journalists to meetings, and pay them to spin certain special-interest articles in the newspaper or on the air. This “pay” is not an advertisement fee because it goes directly into the pockets of such reporters and even publishers to sing praises; not into the coffers of the media institutions they work for. At best, this “pay” might be shared between the reporter and his or her editor since, in fact, the editor decides the fate of the story. It is locally referred to as “Kato”. Eventually, it trickles down to anybody else who wants to publish anything in the news media and reflects distinctly the grade of the individual and collective integrity of journalists – the Liberian media as a whole.

The Harsh Fact

Many reporters make less than US$100 per month as salary; and these are people connecting the dots between the lowest, middle and highest echelons of society. These are also people who need to carry themselves in a very respectable manner. It is not all a money issue, however. Indeed, journalists, too, need to put their integrity first. Yet it does help when the journalist is able to focus on the job and not have to worry about where his or her rent, children’s school fees and other necessities are coming from.

It is not clear if Liberia has any ombudsman, although the Press Union of Liberia (PUL) claims to be one, albeit mainly in terms of grievances the public may have against the media. The country has no public broadcasting organizations. The Liberia Broadcasting System is a government-owned state broadcaster. An act to make the Liberia Broadcasting System a public broadcasting entity was never passed by members of 52nd National Legislature of Liberia.

Challenges

At least 90% of Liberian journalists come directly from high school and these are aspiring, passionate, on-fire people in their late teens, early 20s. They desire to make a difference in society. They are inspired by the likes of the Late Stanton B. Peabody, the Late Albert Porte, Mr. Kenneth Y. Best, and others who have blazed the trail and set the standards. They then enter and find a rude awakening: their education is put on hold and whatever education they get in the next five years will be through a collection of two-day workshops around the city. 

They also find out that, with all the prominence that journalists possess, in this environment, their salaries are not commensurate with that kind of exposure. And this leads these young aspiring journalists into finding alternative means to make money such as offering to do special-interest stories and be paid special fees. This threatens the integrity and morale of the profession because it snowballs into other transgressions such as libel that could damage the now hard-earned integrity of the media in Liberia.

Blogging & Citizen Journalism

Blogging and citizen journalism are still new to Liberians. This is mainly because the country didn’t have the required facilities. It was only in 2008 that Liberia started having competitive Internet services, especially through the mobile telecommunications operators – using their GPRS and Edge facilities. Other than that, the other Internet service providers provided – and still do – very minimal bandwidth, yet costing a fortune and only the higher echelons of the society could afford this. Even some media houses couldn’t afford the Internet up to three years ago. 

The good news now is that, the Africa Coast Europe (ACE) fiber-optic cable has landed in Monrovia (November 3rd) and, hopefully by August 2012, the country should see a major technology boom with faster, more reliable, and more affordable Internet connection, especially via the mobile medium. That means more people getting involved with the Internet, and more people in the digital media. The importance of the digital infrastructure will definitely impact the proliferation of bloggers in the Liberian society.

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