Journalists in Papua New Guinea are likely to face legal threats as powerful individuals and companies use court actions to silence public interest reporting, warns Media Council of PNG president Neville Choi.

As co-chair of the second Community Coalition Against Corruption (CCAC) National Meeting, he said lawfare was likely because Parliament had passed no laws to protect reporters and individuals from such tactics.

Choi said journalists were being left unprotected against Strategic Litigation Against Public Participation (SLAPPs) — legal actions used by powerful individuals or corporations to silence criticism and reporting.

“In Papua New Guinea right now, we don’t have any law to stop SLAPPs,” Choi said.

“Big corporations or organisations with more money can use lawsuits to silence people, civil society and the media. That’s the reality.”

SLAPPs are lawsuits filed not to win on merit, but to drain resources, silence critics, and stop public debate.

In some other countries, anti-SLAPP laws exist to protect journalists and whistleblowers. But in PNG, no such legal shield exists.

Legal pressure for speaking out
“We’ve seen it happen,” Choi added, referring to ACTNOW PNG’s Eddie Tanago, a civil society advocate who has faced legal pressure for speaking out.

“He’s experienced it. And we know it can happen to journalists too.”

Despite increasing threats, journalists do not have access to legal defence funds or institutional protection.

Choi confirmed that there was no system in place to defend reporters who were hit with defamation lawsuits or other forms of legal retaliation.

“Our advice to journalists is simple. Do your job well. The truth is the only protection we have,” he said.

“If you stick to facts, follow professional ethics and report responsibly, you reduce your risk. But if you make a mistake, you leave yourself open to lawsuits.”

The Media Council, in partnership with Transparency International under the CCAC, are discussing the idea of drafting an anti-SLAPP law but no formal proposal has been put forward yet.

Republished from the PNG Post-Courier with permission.

Article by AsiaPacificReport.nz

ANALYSIS: By Heather Devere, David Robie and Philip Cass

An urgent rethink is needed on several aspects of the Draft National Media Development Policy. In summary, we agree with the statement made by the Community Coalition Against Corruption (CCAC) on 16 February 2023 criticising the extraordinary “haste” of the Ministry’s timeframe for public consultation over such a critical and vitally important national policy.

However, while the ministry granted an extra week from 20 February 2023 for public submissions this was still manifestly inadequate and rather contemptuous of the public interest.

In our view, the ministry is misguided in seeking to legislate for a codified PNG Media Council which flies in the face of global norms for self-regulatory media councils and this development would have the potential to dangerously undermine media freedom in Papua New Guinea.

The draft policy appears to have confused the purpose of a “media council” representing the “public interest” with the objectives of a government department working in the “national interest”.

If the ministry pushes ahead with this policy without changes it risks Papua New Guinea sliding even further down the RSF World Press Freedom Index. Already it is a lowly 62nd out of 180 countries after falling 15 places in 2021.

Some key points:

• Article 42 of the Papua New Guinea Constitution states that “Every person has the right to freedom of expression and the right to receive and impart ideas and information without interference, including the freedom to seek, receive and impart information and opinions of any kind in any form.” (Our emphasis)

• Article 43 of the Constitution further states that “Every person has the right to freedom of thought, conscience, and religion, including the freedom to manifest and propagate their religion or belief in worship, teaching, practice and observance.”

• These provisions in the Constitution reflect the importance of media freedom in Papua New Guinea and the commitment to a free, diverse, and independent media environment. There are existing laws in PNG that support these principles.

• In September 2005, Pacific Journalism Review published a complete edition devoted to “media ethics and accountability” which is available online here. In the Introduction, the late Professor Claude-Jean Bertrand, a global expert in M*A*S (Media Accountability Systems) and media councils and free press in democracies, wrote: “Accountability implies being accountable, accountable to whom? To the public, obviously. [i.e. Not to governments]. While regulation involves only political leaders and while self-regulation involves only the media industry, media accountability involves press, profession and public.” The PJR edition cited published templates and guidelines for public accountability systems.

• On World Press Freedom Day 2019, António Guterres, United Nations Secretary-General, declared: “No democracy is complete without access to transparent and reliable information. It is the cornerstone for building fair and impartial institutions, holding leaders accountable and speaking truth to power.”

• On 12 November 2019, the Melanesia Media Freedom Forum (MMFF) was established and it declared: “A better understanding is needed of the role of journalism in Melanesian democracies. Awareness of the accountability role played by journalists and the need for them to be able to exercise their professional skills without fear is critical to the functioning of our democracies.”

• The Forum also noted: “The range of threats to media freedom is increasing. These include restrictive legislation, intimidation, political threats, legal threats and prosecutions, assaults and police and military brutality, illegal detention, online abuse, racism between ethnic groups and the ever-present threats facing particularly younger and female reporters who may face violence both on the job and within their own homes.” The full declaration is here.

• Media academics who were also present at this inaugural Forum made a declaration of their own in support of the journalists, saying that they “expressed strong concerns about issues of human rights, violence, and freedom of expression. They also expressed concerns about the effect of stifling legislation that had the power to impose heavy fines and prison sentences on journalists.” (Our emphasis). The full statement is here.

APMN proposals regarding PNG’s Draft Media Policy:

• That the Ministry immediately discard the proposed policy of legislating the PNG media Council and regulating journalists and media which would seriously undermine media freedom in Papua New Guinea;

• That the Ministry extend the public consultation timeframe with a realistic deadline to engage Papua New Guinean public interest and stakeholders in a meaningful dialogue;

• That the Ministry ensures a process of serious consultation with stakeholders such as the existing PNG Media Council, which do not appear to have had much opportunity to respond, journalists, media organisations and many other NGOs that need to be heard; and

• That the Ministry consult a wider range of media research and publications and take guidance from media freedom organisations, journalism schools at universities, and an existing body of knowledge about media councils and systems.

• Essentially journalism is not a crime, but a fundamental pillar of democracy as espoused through the notion of a Fourth Estate and media must be free to speak truth to power in the public interest not the politicians’ interest.

Dr Heather Devere, formerly Director of Practice for the National Centre for Peace and Conflict Studies; Dr David Robie, founding Professor of Pacific Journalism and director of the Pacific Media Centre, convenor of Pacific Media Watch and a former Head of Journalism at the University of Papua New Guinea; and Dr Philip Cass, a PNG-born researcher and journalist who was chief subeditor of the Times of Papua New Guinea and worked on Wantok, and who is currently editor of Pacific Journalism Review.

Article by AsiaPacificReport.nz

Various stakeholders have warned that the draft National Media Development Policy released by Papua New Guinea’s Department of Information and Communications Technology (DICT) on February 5 could undermine media freedom if approved by the government.

The DICT asked stakeholders to share their input within 12 days, but this was extended for another week after Papua New Guinea’s Community Coalition Against Corruption (CCAC) criticised the short period for the consultation process.

The draft policy lays the framework “for the use of media as a tool for development.” The state emphasised that “it includes provisions for the regulation of media, ensuring press freedom and the protection of journalists, and promoting media literacy among the population.”

A controversial proposal in the draft is to transform the PNG Media Council into a body “that will have legal mandate that covers an effective and enforceable regulatory framework.”

According to the draft policy, the new PNG Media Council “will ensure press freedom, protect journalists, and promote ethical standards in the media sector”.

At present, the council is a nonprofit group promoting media freedom and the welfare of journalists. The draft recognises that “its primary role has been to promote ethical journalism and to support journalists in the pursuit of their professional duties.

Journalist Scott Waide underscored that “over three decades, its role has shifted to being a representative body for media professionals and a voice for media freedom.” He pointed out the implications of re-establishing the council with a broad mandate as defined in the draft policy, suggesting that the government hopes to gain control over the media sphere:

The government’s intention to impose greater control over aspects of the media, including the MCPNG [Media Council], is ringing alarm bells through the region. This is to be done by re-establishing the council through the enactment of legislation. The policy envisages the council as a regulatory agency with licensing authority over journalists.

The regulatory framework proposed for the new media council includes licensing for journalists. Licensing is one of the biggest red flags that screams of government control.

The draft policy proposes to grant the media council powers to offer licences and accreditation to journalists and media outlets, handle complaints and sanctions, among other powers:

Licensing and Accreditation: Requirements for media outlets and journalists to be licensed or accredited, including provisions for renewing licenses and for revoking licenses in cases of violations.

Complaints and Sanctions: Mechanisms for the resolution of complaints against the media, including procedures for investigations and sanctions for breaches of ethical standards.

Media Council PNG president Neville Choi, who is also co-chair of CCAC, reminded authorities of another way to improve journalism in the country:

If the concern is poor journalism, then the solution is more investment in schools of journalism at tertiary institutions, this will also increase diversity and pluralism in the quality of journalism.

We need newsrooms with access to trainings on media ethics and legal protection from harassment.

Writer Fraser Liu rejected the proposed state regulation and urged authorities to review current legal options that can be used to deal with media reporting that violates the country’s laws.

My view is the government should stay away from the fourth estate completely. This is a sinister move with obvious intentions.

Government should not be regulating the media in any form as it infringes on rights to free speech. It can run media organisations to bring its own message out, but it should never exert control over the entire industry.

Media agencies and agents must be left alone to their own ends, being free from cohesion of any sort, and if media reporting does in fact raise any legal issues like defamation, then the courts are the avenue for resolution. There is no shortage in Common law of such case precedent.

Transparency International PNG chair Peter Aitsi added that disinformation on social media should be addressed without undermining free speech.

While the abuse of social media platforms is a new issue that is given as justification for the media policy, there are already existing laws that address the issue without undermining media freedom.

#APMN calls for ‘urgent rethink’ over #PNG draft #media #regulation plan #AsiaPacificReport #pngmediapolicy #mediafreedom #pressfreedom #mediaregulation @Scott_Waide @kenneth_gorethy @PeterCronau @PNGAttitude @PngPles https://t.co/rPdY3iuQ7e pic.twitter.com/luETmgbwfU

— David Robie (@DavidRobie) February 20, 2023

News about the draft policy also alarmed media groups in the region. The New Zealand-based Asia Pacific Media Network Inc. said that “media must be free to speak truth to power in the public interest not the politicians’ interest.” Adding:

In our view, the ministry is misguided in seeking to legislate for a codified PNG Media Council which flies in the face of global norms for self-regulatory media councils and this development would have the potential to dangerously undermine media freedom in Papua New Guinea.

Australia’s media union also tweeted their concern:

#MEAAmedia backs Media Council of Papua New Guinea’s (MCPNG) concerns and call for meaningful consultation over government’s proposed National Media Development Policy.#mediafreedom#mediadiversity#righttoknow@TI_PNG pic.twitter.com/GiAnH9hyYi

— MEAA (@withMEAA) February 17, 2023

The International Federation of Journalists and Reporters Without Borders asked the government to withdraw regulations that restrict independent journalism. Susan Merrell, a lecturer at Sydney University on cultural studies and communication, commented that “instead of the media being the government’s watchdog, the government is trying to become the media’s watchdog.”

The government insisted that it is committed to upholding media freedom.

Scott Waide sums up the state of media in the country:

While the PNG media has been resilient in the face of many challenges, journalists who have chosen to cover issues of national importance have been targeted with pressure coming directly from within government circles.

Global Voices has previously reported about the suspension of a journalist in Papua New Guinea’s EMTV news, the new rule prohibiting reporters to directly contact the prime minister, and a stricter regulation for foreign correspondents. Mong Palatino is regional editor for Southeast Asia of Global Voices, an activist and former two-term member of the Philippine House of Representatives. Republished under a Creative Commons licence.

Article by AsiaPacificReport.nz

The new policy suggests a series of changes including legislative amendments. But media and stakeholders are not being given enough time to examine the details and study the long-term implications of the policy.

The initial deadline for feedback has been extended by another seven days from today. However, the Media Council of PNG (MCPNG) has requested a consultation forum with the government, as it seeks wider input from research organisations, academia and regional partners.

The government’s intention to impose greater control over aspects of the media, including the MCPNG, is ringing alarm bells through the region. This is to be done by re-establishing the council through the enactment of legislation.

The policy envisages the council as a regulatory agency with licensing authority over journalists.

The MCPNG was established in 1989 as a non-profit organisation representing the interests of media organisations. Apart from a brief period in the earlier part of its existence, it has largely been unfunded.

Over three decades, its role has shifted to being a representative body for media professionals and a voice for media freedom.

The president of the council, Neville Choi, says there are aspects of the media that need government support. These include protection and training of journalists. However, the media is best left as a self-regulating industry.

According to Choi:

“Media self-regulation is when media professionals set up voluntary editorial guidelines and abide by them in a learning process open to the public. By doing this, independent media accept their share of responsibility for the quality of public discourse in the country, while preserving their editorial autonomy in shaping it. The MCPNG was set up with this sole intent.

“It is not censorship, and not even self-censorship. It is about establishing minimum principles on ethics, accuracy, personal rights while preserving editorial freedom on what to report, and what opinions to express.

The regulatory framework proposed for the new media council includes licensing for journalists. Licensing is one of the biggest red flags that screams of government control.

While the PNG media has been resilient in the face of many challenges, journalists who have chosen to cover issues of national importance have been targeted with pressure coming directly from within government circles.

In 2004, the National Broadcasting Corporation’s head of news and current affairs, Joseph Ealedona, was suspended for a series of stories on the military and the government. The managing director of the government broadcaster issued the notice of suspension.

In 2019, Neville Choi, then head of news for EMTV, was sacked for disobeying orders not to run a story of a military protest outside the Prime Minister’s office in Port Moresby. Choi was later reinstated following intense public pressure and a strike by all EMTV journalists and news production staff.

Two years later, a similar scenario played out when 24 staff and EMTV’s head of news were sacked for protesting against political interference in the newsroom.

For many within the industry, licensing just gives the government better tools to penalise journalists who present an unfavourable narrative.

On paper, the government appears to be trying to remedy the desperately ailing journalism standards in PNG. But the attempt is not convincing enough for many.

Fraser Liu, an accountant by profession and an outspoken observer of national issues, says the courts provide enough of an avenue for redress if there are grievances and that an additional layer of control is not needed.

Liu said: “Media agencies and agents must be left alone to their own ends, being free from coercion of any sort, and if media reporting does in fact raise any legal issues like defamation, then the courts are the avenue for resolution. There is no shortage in common law of such case precedent. This is clearly an act by government to control media and effectively free speech.

“Government cannot self-appoint itself as a referee for free speech. Free speech is covered under our Constitution and the courts protect this basic right. The policy talks about protection of reporters’ rights. Again, what is this? They already have rights guaranteed by the Constitution.

Coming back to poor journalism standards, Minister Masiu, a former broadcast journalist himself, has been challenged on many occasions to increase investment into PNG’s journalism schools. It is a challenge he has not yet taken up despite the abundant rhetoric about the need for improvement.

The energy of government should be put into fixing the root problem contributing to the poor quality of the media: poor standards of university education.

Scott Waide is a journalist based in Lae, Papua New Guinea. He is the former deputy regional head of news for EMTV and has worked in the media for 24 years. This article was first published on the DevPolicy Blog and is republished here under a Creative Commons licence.

Article by AsiaPacificReport.nz

A New Zealand-based media research and publication group has called for an “urgent rethink” on Papua New Guinea’s draft media development policy, saying its proposed regulation plan for the country’s media council and journalists threatened a free press.

The Asia Pacific Media Network Inc. (APMN), publishers of the research journal Pacific Journalism Review, said in a statement that it supported the Community Coalition Against Corruption (CCAC) plea for more time to be granted for public consultation.

The CCAC is a loose coalition of NGOs chaired by Transparency International-PNG and the PNG Media Council and is supported by churches, chambers of commerce, the Ombudsman Commission and the Office of the Public Solicitor.

While noting that the Ministry of Information and Communications Technology had granted an extra week from today following the original 12 days for submissions on the draft National Media Development Policy 2023, the APMB said this was still “manifestly inadequate and rather contemptuous of the public interest”.

“In our view, the ministry is misguided in seeking to legislate for a codified PNG Media Council which flies in the face of global norms for self-regulatory media councils and this development would have the potential to dangerously undermine media freedom in Papua New Guinea,” the statement said.

The statement was signed by the APMN chair Dr Heather Devere; deputy chair Dr David Robie, a retired professor of Pacific journalism and author, and a former head of journalism at the University of Papua New Guinea in the 1990s; and Pacific Journalism Review editor Dr Philip Cass, who was born in PNG and worked on the Times of Papua New Guinea and Wantok newspapers.

“The draft policy appears to have confused the purpose of a ‘media council’ representing the ‘public interest’ with the objectives of a government department working in the “national interest’,” the statement said.

Risk to PNG media freedom
“If the ministry pushes ahead with this policy without changes it risks Papua New Guinea sliding even further down the RSF World Press Freedom Index. Already it is a lowly 62nd out of 180 countries after falling 15 places in 2021.”

The statement made reference to several principles for media freedom and media councils, including Article 42 of the Papua New Guinea Constitution, the M*A*S systems of media accountability and ethics pioneered by Professor Claude-Jean Bertrand, and the 2019 declaration for press freedom of the Melanesian Media Freedom Forum.

It said the ministry needed to consult more widely and take more time to do this.

The APMN called on the ministry to “immediately discard” the proposed policy of legislating the PNG Media Council and regulating journalists and media “which would seriously undermine media freedom in Papua New Guinea”.

It also asked the ministry to extend the public consultation timeframe with a “realistic deadline to engage Papua New Guinean public interest and stakeholders in a meaningful dialogue”.

It added that “essentially journalism is not a crime, but a fundamental pillar of democracy as espoused through the notion of a Fourth Estate and media must be free to speak truth to power in the public interest not the politicians’ interest”.

Article by AsiaPacificReport.nz

An anti-corruption NGO in Papua New Guinea has criticised the haste with which the government is conducting consultation on a draft National Media Development Policy that could undermine media freedom.

The Community Coalition Against Corruption (CCAC) has called on the Department of Information and Communication Technologies to extend the time and breadth of consultation on this proposed national policy.

“Extended and broader consultation is required for this as media freedoms are vital to our democracy,” the coalition said in a statement.

Minister for Information and Communication Technology Timothy Masiu responded quickly and extended the deadline by one week from February 20.

In his capacity as co-chair of the coalition, Transparency International PNG chair Peter Aitsi said: “The two weeks given for consultation is not sufficient to consider the national and societal impact of this media policy and whether it is actually required.

“For instance, while the abuse of social media platforms is a new issue that is given as justification for the media policy, there are already existing laws that address the issue without undermining media freedom.

“This month, when we commemorate the legacy of the Grand Chief Sir Michael Thomas Somare, we recall his personal stance when Prime Minister opposing the regulation of PNG’s media when a similar bill was proposed in 2003.”

Editorial independence ‘cornerstone’
Another senior media spokesperson also said the government had failed to provide adequate time and conduct meaningful consultation over the draft National Media Development Policy 2023.

Media Council PNG president Neville Choi said in his capacity as co-chair of the coalition: “The editorial independence of newsrooms is a cornerstone of a functional democracy.

“Undermining media freedom, diminishes the role of the media as the mouthpiece of the people, holding those in power to account.

“Failure by the government to provide adequate time and conduct meaningful consultation, will ultimately undermine confidence in the government and the country, both domestically and abroad.

“If the concern is poor journalism, then the solution is more investment in schools of journalism at tertiary institutions, this will also increase diversity and pluralism in the quality of journalism.

“We need newsrooms with access to trainings on media ethics and legal protection from harassment.”

The media policy was initially released by the Department of ICT on February 5 and the public was only given 12 days to comment on the document, with the original deadline for feedback being February 17.

The policy includes provisions for the regulation of media and establishment of a Government Information Risk Management (GIRM) Division within the Department of ICT to implement measures to prevent the unauthorised access to “sensitive information”.

The coalition is a network of organisations that come together to discuss and make recommendations on national governance issues. It is currently co-chaired by Transparency International PNG and the Media Council.

Republished with permission.

Article by AsiaPacificReport.nz