By SIR CHARLES MAINO
WHEN I WAS invited to give a keynote address [at the Pacific Islands News Association conference in Port Moresby during February 1996], I accepted the challenge almost immediately, since I felt that if I were to seriously think about the issues and imagine facing the learned professionals like yourselves here today, I might find excuses to decline. In fact, when I received the final program and realised what learned and distinguished delegates you all are, then I began to regret accepting the invitation since I am not qualified to speak to you about your profession. In any event I am happy to be with you all today, in order to share with you my views about your profession and I hope to be provocative so that your minds may continue to roll over the issues during the convention.
In the course of preparing my address, I was mindful of the fact that I would be under the watchful eyes of all of you, and whatever I say may later be torn into bits and pieces in order to see what lies between the lines. I therefore continuously reminded myself to be careful with the words I use, not to be controversial but diplomatic, and kept reminding myself of the words: 'Say what you want to say and shut-up.'
Well, that is exactly what I propose to do today. I'll say what I want to say, and shut up for fear that you may describe me as 'outspoken, angry, arrogant and a rebel', and tell me to be ashamed of myself as I have been described and told of, from time to time, through the media here in Papua New Guinea. One thing, I must admit, that I am happy about, is being provocative since that makes the minds of others go clicking -- then we all begin to think. I like criticisms because they make me think and learn more. However, the keynote topic 'People, News and Government' leaves me no room but to open my big mouth a little -- but not too much. In so doing, I will touch on issues relating to:
- Freedom of the press;
- People's right to know the truth; and
- The Government's obligation and responsibility to inform or ensure that the people are informed.
These are very delicate issues so I hope that I will handle them with care. But if I don't do that, I will merely raise them so that you may have something to scratch your heads about in the course of this convention. I don't know the answers to this topic 'People, news and government', so I will tear it up and throw it back to you. And as journalists, being experts in the use of words, you may formulate your own opinions, ideas and conclusions.
I am aware that we in the Pacific, whether Polynesian, Micronesian or Melanesian, tend to be easy going and quiet -- although things may not be right. This could be because of our upbringing where we are constantly reminded to respect our chiefs and elders; and no matter what they say and do, we are not to say nor do anything about it. I hope none of you journalists have found yourself in such a dilemma when writing about the Government, prime minister and/or ministers in your respective countries. If any of you have experienced that then let me invite you to remember that as a journalist, you have a duty to express yourself freely in recognition of the people's right to know the truth. In other words, the people under the Constitution and various statutes gave you that freedom so that you may use it as a tool to tell them the truth without fear or favour.
1. Freedom of the press
Like all rights and freedoms, freedom of the press sometimes gets a rough handling by various authorities and governments throughout the world. We have been very fortunate so far in our region since in most cases our governments and authorities have not really shaken this freedom, although in some cases freedom of the press may have been sailing in the high seas -- therefore it had a bit of rocking. This may have been so due to some misunderstandings and in some cases because one may have been emotional about certain issues. It is therefore important for all of us to remember, especially those in authority, that freedom of the press, like all other rights and freedoms, derives from the people so must be preserved and used only for and in the interest of the people.
Without embarking on legal and constitutional issues which I know that you are all familiar with since they relate to your profession, I would like to refer to the Papua New Guinea Constitution just as an example. Many of your constitutions, or otherwise by an Act of Parliament, contain similar provisions on freedom of expression which includes 'freedom of the press'. Section 46 of our Constitution specifically provides for freedom of expression which states under sub-section (1) that 'every person has the right to freedom of expression and publications...' and sub-section (2) defines 'freedom of expression and publication' to include:
So in Papua New Guinea, we have this freedom specifically provided for in our National Constitution like all other rights and freedoms. Since most of you are journalists, let me challenge you by saying, 'Please do not abuse this freedom which is your tool.' Otherwise control measures and mechanisms may be introduced by the authorities in an attempt to control the abuses. So please be professionals so that you don't provide the authorities with unnecessary justification to control you hereby deny the people's right to know the truth.
Unlike other professions, journalism is one that can destroy a person, an organisation, a government and a country. So you possess a very important tool under the banner of 'freedom of the press'. In my view, freedom of the press is not a privilege but a duty or responsibility imposed on all involved in mass media to be independent, impartial, honest and fair in your news reporting.
2. People's right to know the truth
As I have said earlier, freedom of the press must be exercised by the media organisations and journalists with a view to and in recognition of the rights of the people to know the truth. It is, therefore, in my view, the freedom of the press is not a privilege but a duty imposed on you all to provide to the people through the media the truth. I invite you to remember that freedom has been given in recognition of the peoples right to know the truth. It must therefore be used in the interest of the people and not abused by the media.
It is therefore important to perform your duties professionally. Like our Prime Minister, Sir Julius Chan, has recently said, our journalism must be professsional and investigative in order to bring about and provide balanced reporting so that the people may be able to make their own judgements on what they read instead of being influenced by the media to see only one side of the issues concerned. I agree with our Prime Minister that there is a real need for professional and investigative journalism, at least in Papua New Guinea.
Further, I personally believe that media organisations have a responsibility to ensure that the people are correctly informed without being biased and that can only happen if our media organisations do not find themselves in a conflict of interest situation but exercise their responsibilities with independence, impartiality, fairness, honesty and without fear and favour in full recognition of the people's right to know the truth.
I have come across cases where it has been alleged that certain media organisations were being biased for various reasons. But what concerns me most is the allegation of some interests in the ownership of such media organisations by our political leaders. It has been alleged that since some of our political leaders have an interest in some of the media organisations, the news reporting by such organisations is not fair and impartial since they tend to protect those individuals who have an interest in that organisation. I hope our newsrooms of those organisations conduct their responsibilities of news reporting independently, impartially and with honesty and without fear and favour. Otherwise, depending on who is in power, unnecessary controls may be made and this could be to the detriment of the people and the country as a whole. It is true that some of our political leaders have an interest in certain media organisations, I hope they do not put any pressure on the management for their own political expediencies or interests. The management and editorial staff must be free to exercise their responsibilities in reporting news to the people without any interference or threat.
3. Government's responsibility to inform the people
In the light of the principle that in any democracy, the government must be an 'open' government and in order to ensure that, it is the responsibility of every government to make sure that there are means and ways whereby they can inform the people on what the government is doing from time to time especially on major issues facing the country. It seems that some governments within the region fail to fully appreciate and encourage the fulfilment of their duty or responsibility. In a nutshell, if a government is to be an open government then it must not deny the people to know what it is doing.
The government must provide itself with means and avenues to inform the people on what it does.
Being mindful of this responsibility, I note with some concern about certain actions or decisions made by various prime ministers within our region. For instance, in order to be diplomatic, let me begin with Papua New Guinea where our Prime Minister, Sir Julius Chan, towards the end of last month called off or prevented the debate between two Members of Parliament on the current controversial [provincial government] reform Bill which is now before Parliament. The Minister for Communications, John Momis, and the chairman of the Constitutional Review Commission, Ben Micah, were to debate the issues concerning the Bill. However, our Prime Minister intervened and the debate never took place. With due respect to our Prime Minister, in so doing he has in fact put the interest of his Government over and above the right of the people to know what the reform Bill is all about through such a public debate. It is the duty of any government as an open government to make sure that the people are well informed of major decisions especially laws, like the reform Bill, that are made to govern their lives.
Again one witnesses a similar control being made in this case by the Prime Minister of Western Samoa. It was reported early last month that he had issued warnings to ensure that Government-controlled radio was not to be used by the Opposition to oppose the Government. If that is correct, then I am afraid to say that it is again another case of a Prime Minister failing to recognise its duty or responsibility to make sure that the people are well informed. Likewise, most recently it was reported that the Prime Minister of Vanuatu, Maxime Carlot Korman, had put a ban on any reporting concerning the French nuclear tests in Vanuatu. With due respect to that Prime Minister, it again is another demonstration of a Prime Minister putting his Government's interests ahead of the people's right to know, especially on matters and issues that may affect their lives and that of their children. I have only referred to the most recent instances where our prime ministers within the region have made decisions which may be in the interest of their respective governments but certainly not in recognition of the people's right to know. I hope our governments within the region will foster the spirit of open government and thereby not deny the people's right to know thus live with the full spirit of democracy.
Conclusion
Before I conclude, I would like to emphasise again that the freedom of the press must continue to be maintained in our region and hope that those of you who are involved in the mass media will not abuse that freedom. Otherwise, you may invite the governments and authorities to regulate and control that freedom under the pretence of controlling the abuses. You have an important role to play in ensuring that the freedom of the press is not being abused but strictly maintained.
In order to do that, I believe the media organisations and journalists must at all times maintain professionalism and perform their duties with impartiality, fairness, honesty and without fear and favour. In my view accountability systems must also be put in place and strictly enforced. Otherwise, you may find yourselves being controlled just because of unprofessional conduct of the few. It is therefore important to ensure that there exists a professional code of conduct both for the media organisations and journalists as a profession. If you already have a code of conduct both for the media organisations and journalists, then please don't use it as a window dressing only but strictly enforce it if it is necessary so that the integrity of the profession may be maintained at all times in the interest of your own organisations as well as the people.
Sir Charles Maino is former Chief Ombudsman and now a lawyer in private practice. He gave this keynote address at the Pacific Islands News Association 1995 convention in Port Moresby, 26 June 1995.
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