Should an independent commission regulate the press?

The limits of the freedom of the press have always been questioned. The relationship between power and the press is a highly debatable issue. Last week, Minister Étienne Sinatambou announced on Radio Plus the setting up of a Media Commission before 2019. Proponents of an Independent Commission justify the decision that a solution must be found to put a check on abuses. Lindsay Rivière is against the idea while Jacques Dinan is for a Commission, which is not dominated either by Government or Media appointees. Debate.

Lindsay Rivière: “I am absolutely against any press commission”

Former president of the Media Trust, Lindsay Rivière says he is completely against any independent commission for the media. “I am absolutely against any press commission or council or any regulatory body overseeing the press. At present, we follow a long standing tradition which is British-inspired and which says newspapers only have to notify public authorities of their intent to publish and not subjected to licensing or control. This is our freedom of expression,” he states.

I am absolutely against any press commission or council or any regulatory body overseeing the press."

Lindsay Rivière further elaborates that he has always opposed any media authority which would impose regulations on the media, as this would curtail press freedom by a series of do’s or don’ts, like the radio today is subjected to control by the Independent Broadcasting Authority (IBA). “I always said that it is for newspapers themselves and especially for editors in chief to impose a code of ethics and professional conduct on their journalists as well as employees. The ultimate responsibility of press conduct lies with the newspaper owners and editors, not an outside organisation to impose standards,” he adds.  He therefore asks the government to re-consider whatever plans it has for new forms of press control. “I want the press to regulate itself.”

Jacques Dinan: “It is advisable to set up a Commission”

Lecturer at Business Mauritius, Jacques Dinan refers us to the Article 3 of the Constitution of Mauritius which provides clear guidelines on the “Fundamental rights and freedoms of the individual,” including  “Freedom of expression,” and “the right of the individual to life, liberty, security of the person ….” He says that “the article is unequivocal in stating “that the enjoyment of those rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.”

For him, the media’s role is to inform and it must clearly enjoy the freedom of expression as guaranteed by the Constitution. “However, this freedom of expression has limits and cannot impinge upon others’ freedom and privacy. This is easier said than done. It is often difficult to draw a clear line between what can be written, published or broadcasted to the public and what cannot be made public.”

Independence of the media is essential to achieve credibility and build trust. The media must always prioritise fairness and impartiality."

He argues that the media must ensure truth and accuracy by giving all relevant facts and ensuring that they have been checked. “If any information has not been corroborated, this should be made clear. Independence of the media is essential to achieve credibility and build trust. The media must always prioritise fairness and impartiality. Stories should be balanced and as objectively as possible. Impartial reporting builds trust and confidence. Caring for humanity is also a must. No publication or broadcast should be hurtful and journalists should be aware of the impact of their words and images on the lives of others. Lastly, the media must demonstrate accountability. This calls for professionalism. If an error happens, it must be corrected with an expression of regret that is sincere and not cynical.”

Several media groups in Mauritius have adopted their own Code of Ethics or Code of Conduct and auto-regulate their written and audio-visual publications, highlights Jacques Dinan. “If there is a complaint by a member of the public, the concerned media group may find itself in an awkward position by being judge and party to the issue! It is therefore advisable to set up a Commission, which is not dominated either by Government or Media appointees. Hence, the Commission should also comprise members who are totally independent from both Government and the Media. We must be guided by the well-known aphorism: “Not only must justice be done; it must also be seen to be done.”