The man in charge of Fiji’s oldest newspaper has high hopes for press freedom in the country following the tabling of a bill in Parliament this week to get rid of a controversial media law.

Fiji’s three-party coalition government introduced a bill on Monday to repeal the 2010 Media Industry Development Authority (MIDA) Act.

The MIDA Act — a legacy of the former Bainimarama administration — has long been criticised for being “draconian” and decimating journalism standards in the country.

The law regulates the ownership, registration and content of the media in Fiji.

Under the act, the media content regulation framework includes the creation of MIDA, the media tribunal and other elements.

“It is these provisions that have been considered controversial,” Fiji’s Attorney-General Siromi Turaga said when tabling the bill.

“These elements are widely considered as undemocratic and in breach of the constitutional right of freedom of expression as outlined in section 17 of the constitution.”

Not a ‘free pass’
Turaga said repealing the act does not provide a free pass to media organisations and journalists to “report anything and everything without authentic sources and facts”.

“But it does provides a start to ensuring that what reaches the ordinary people of Fiji is not limited by overbearing regulation of government.”

The Fiji Times editor-in-chief Fred Wesley said he had a sense of “great optimism” that the Media Act would be repealed.

Wesley and the newspaper — founded in 1869 — were caught in a long legal battle for publishing an article in their vernacular language newspaper Nai Lalakai which the former FijiFirst government claimed was seditious.

But in 2018, the High Court found them not guilty and cleared them of all charges.

“After the change in government, there has been a change in the way the press has been disseminating information,” Wesley said.

“We have had a massive turnover [of] journalists in our country. A lot of young people have come in. At the The Fiji Times, for instance, we have an average age of around 22, which is very, very young,” he said.

Handful of seniors
“We have just a handful of senior journalists who have stayed on who are very passionate about the role the media must pay in our country.

“We are looking forward to Thursday and looking forward to the act being repealed and the draconian legislation kicked out.”

He said two thirds of the journalists in the national newspaper’s newsroom have less than 16 years experience and have never experienced press freedom.

He said The Fiji Times would then need to implement “mass desensitisation” of its reporters as they had been working under a draconian law for more than a decade.

He added retraining journalists would be the main focus of the organisation after the law is repealed.

‘Things will get better’
Long-serving journalist at the newspaper Rakesh Kumar told RNZ Pacific that reporting on national interest issues had been a “big challenge” under the act.

Kumar recalled early when the media law was enacted and army officers would come into newsrooms to “create fear” which he said would “kill the motivation” of reporters.

“We know things will get better now [after the repeal of the act],” Kumar said.

But he said it was “important that we have to report accurately”.

“We have to be balanced,” he added.

The bill to repeal the MIDA Act will be debated tomorrow.

While the opposition has already opposed the move, it is expected that the government will use its majority in Parliament to pass it.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

The Fiji government is signalling that it will not completely tear down the country’s controversial media law which, according to local newsrooms and journalism commentators, has stunted press freedom and development for more than a decade.

Ahead of the 2022 general elections last December, all major opposition parties campaigned to get rid of the Media Industry Development Act (MIDA) 2010 — brought in by the Bainimarama administration — if they got into power.

The change in government after 16 years following the polls brought a renewed sense of hope for journalists and media outlets.

But now almost 100 days in charge it appears Prime Minister Sitiveni Rabuka’s coalition is backtracking on its promise to get rid of the punitive law, a move that has been condemned by the industry stakeholders.

“The government is totally committed to allowing people the freedom of the press that will include the review of the Media Act,” Rabuka said during a parliamentary session last month.

“I believe we cannot have a proper democracy without a free press which has been described as the oxygen of democracy,” he said.

Rabuka has denied that his government is backtracking on an election promise.

“Reviewing could mean eventually repealing it,” he told RNZ Pacific in February.

“We have to understand how it [media act] is faring in this modern day of media freedom. How have other administrations advance their own association with the media,” he said.

He said he intended to change it which means “review and make amendments to it”.

“The coalition has given an assurance that we will end that era of media oppression. We are discussing new legislation that reflects more democratic values.”

And last week, that discussion happened for the first time when consultations on a refreshed version of a draft regulation began in Suva as the government introduced the Media Ownership and Registration Bill 2023.

The bill is expected to “address issues that are undemocratic, threatens freedom of expression, and hinders the growth and development of a strong and independent news media in Fiji.”

The proposed law will amend the MIDA Act by removing the punitive clauses on content regulation that threatens journalists with heavy fines and jail terms.

“The bill is not intended as a complete reform of Fiji’s media law landscape,” according to the explanations provided by the government.

No need for government involvement
But the six-page proposed regulation is not what the media industry needs, according to the University of the South Pacific’s head of journalism programme Associate Professor Shailendra Singh.

“We have argued there is no need for legislation,” he said during the public consultation on the bill last Thursday.

“The existing laws are sufficient but if there has to be a legislation there should be minimum or no government involvement at all,” he said.

The Fijian Media Association (FMA) has also expressed strong opposition against the bill and is calling for the MIDA Act to be repealed.

“If there is a need for another legislation, then government can convene fresh consultation with stakeholders if these issues are not adequately addressed in other current legislation,” the FMA, which represents almost 150 working journalists in Fiji, stated.

Speaking on behalf of his colleagues, FMA executive member and Communications Fiji Limited news director Vijay Narayan said “we want a total repeal” of the Media Act.

“We believe that it was brought about without consultation at all…it was shoved down our throats,” Narayan said.

“We have worked with it for 16 years. We have been staring at the pointy end of the spear and we continue to work hard to build our industry despite the challenges we face.”

‘Restrictions stunts growth’
He said the Fiji’s media industry “needs investment” to improve its standards.

Narayan said the FMA acknowledged that the issue of content regulation was addressed in the new law.

But “with the restrictions in investment that also stunts our growth as media workers,” he added.

“The fact that it will be controlled by politicians there is a real fear. What if we have reporting on something and the politician feels that the organisation that is registered should be reregistered.”

The FMA has also raised concerns about the provisions in relation to cross-media ownership and foreign ownership as key issues that impacts on media development and creates an unequal playing field.

Sections 38 and 39 of the Media Act impose restrictions on foreign ownership on local local media organisations and cross-media ownership.

According to a recent analysis of the Act co-authored by Dr Singh, they are a major impediment to media development and need to be re-examined.

“It would be prudent to review the media ownership situation and reforms periodically, every four-five years, to gauge the impact, and address any issues, that may have arisen,” the report recommends.

But Suva lawyer and coalition government adviser Richard Naidu is of the view that all issues in respect to the news media should be opened up.

Naidu, who has helped draft the proposed new legislation, said it “has preserved the status quo” and the rules of cross-ownership and foreign media ownership were left as they were in the Media Act.

“Is that right? That is a question of opinion…because before the [MIDA Act] there were no rules on cross-media ownership, there were no rules on foreign media ownership.”

Naidu said the MIDA Act was initially introduced as a bill and media had two hours to to offer its views on it before its implementation.

“So, which status quo ought to be preserved; the one before the [MIDA Act] was imposed or the one as it stands right now. Those are legitimate questions.”

“There is a whole range of things which need to be reviewed and which will probably take a bit of time.”

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz