In January 2003, the Ethiopian Ministry of Information introduced a new draft press law that continues to criminalize press offences. Even if the government claims the new law is designed to "encourage constructive and responsible journalism", there are concerns it may halt the small progress in press freedom that the country has only recently seen.
Since 1992, Ethiopian journalists have been subject to the harsh penalties and vague provisions set forth in the country’s existing Press Law, according to which defamation is a criminal offence. This law has become notorious as a vehicle for silencing opposition to Prime Minister Meles Zenawi and his EPRDF party.
Reporters Without Boarders states in their 2003 Annual Report on Ethiopia: "Many journalists prefer to say nothing and not use information rather than risk being sentenced to a fine or a prison sentence and thereby threaten family members for whom they are the only source of income."
Article 10 of the current Press Law regulates media content and explicitly prohibits the publication of "any defamation or false accusation against any individual, nation/nationality, people or organization". ARTICLE 19, an organization that promotes global freedom of expression, has criticized the law on a number of fronts, ranging from the imposition of criminal sentences to excessively broad definitions of prohibited behaviour. The way in which the government has interpreted this language and implemented the law is equally disturbing. Journalists have been repeatedly jailed for publishing articles that are critical of government practices, or express unfavourable opinions of government officials. Without clearly defined provisions or a proportional sentencing scheme, the potential for abuse is enormous.
Under pressure from independent journalists, international press institutions and human rights groups, the Ministry of Information has begun to draft a new law that will replace the 1992 Press Law.
"The draft press law does not adequately protect the fundamental importance of the press’ right to impart, and the public’s right to receive information and opinions. Defining defamation both as a criminal offence and as a civil tort has resulted in the favouring of the prosecutor," Amare Aregawi, editor-in-chief of the Ethiopian independent weekly, "The Reporter", told RAP 21.
According to ARTICLE 19, major concerns with the draft press law include the establishment of a Press Council that is responsible for overseeing press conduct. This 29-member body will also have the power to create and enforce a code of ethics for journalists. The fear is that a group whose members are appointed by and responsible to the government will be able to construe defamation laws broadly, guided by their own political aspirations, or influenced by those of their superiors.
During a meeting with the Committee to Protect Journalists (CPJ) in July last year, the Minister of Information Ato Bereket Sim’on said that the new law was designed to "encourage constructive and responsible journalism". However, in the months since the draft press law was introduced, the reactions from within Ethiopia as well as the international community have not supported that statement.
"Although the draft press law, as expounded by the Minister of Information, is not a piece of penal legislation, it overrides the general principles embodied in the general part of the Ethiopian Penal Code. For example, public officials, instead of being required to suffer a greater degree of intrusion and scrutiny than private persons, are exempted even from the common proceedings and complaint provisions of the Penal Code, which punishes defamation only upon complaint by the individuals injured," said editor-in-chief Aregawi.
Unfortunately the draft press law is not expected to rectify the most significant problems of the 1992 Press Law, and instead poses some new obstacles to the survival of free media in Ethiopia, according to Aregawi. He notes that: "the draft press law once again causes criminal law to be dominant for offences against honour and reputation". Moreover, ARTICLE 19 has pointed out that the renewed power of the government over the content of print media will affect press freedom both directly and indirectly. The strengthening of government control could afford more opportunities for censorship, and defamation laws are often exploited in order to control the dissemination of unpopular opinions.
According to legislative procedures, the draft press law should be submitted first to the Council of Ministers and then onto Parliament before it is enacted into law. Although the Minister has been willing to meet with those parties that have expressed concern, he has also stated that his office is ready to send the draft law to the Council. Aregawi, however, recognizes other factors that will contribute to the bill’s eventual passage. "Whether or not the present draft law goes to the Council of Ministers depends on the will, rather than the reason, of a government whose guiding principle is ’thus I wish it, thus I order it’, as well as the ’urgency of the draft’ ", he claims. Ultimately, Aregawi notes, "Because the legislative procedure is not institutionalised and because the wish and will take the place of law and procedure, the draft press law will become law, it is said, in October."
To read the entire interview with editor-in-chief Amare Aregawi, go to: http://www.wan-press.info/pages/art...