Proposed law threatens to gag critics
Title -- 4010 PNG: Proposed law threatens to gag critics
Date -- 5 April 2003
Byline -- None
Origin -- Pacific Media Watch
Source -- PNG Post-Courier, via bhowarth@spp.com.pg 4-6/4/03
Copyright -- PC
Status -- Unabridged
Post a comment on PMW's Right of Reply: www.TheGuestBook.com/egbook/257949.gbook
THREAT TO FREE EXPRESSION IN PNG
www.postcourier.com.pg/20030404/news01.htm
* See also Post-Courier editorial
PORT MORESBY (Post-Courier/Pacific Media Watch): Papua New Guinea will consider laws allowing the prosecution of people,including foreigners, who publicly criticise the government, the Post-Courier reports.
Australian expatriate businessman Rod Mitchell and former Australian Mike Manning, now a PNG citizen, were yesterday hauled before the Parliamentary Privileges Committee to explain why they had publicly criticised PNG.
The report by economic analyst Manning - director of the Institute of National Affairs - titled "PNG, On the Brink", which was widely quoted in the Australian media, infuriated PNG politicians.
Mitchell, chief executive of the superannuation fund NASFUND, had criticised corruption in PNG in remarks reported in Australian newspapers.
As a result of the furore surrounding the two men's comments, freedom of expression in Papua New Guinea is now under threat, with the Permanent Parliamentary Privileges Committee intending to come down hard on publishers who publish damaging article on the country.
The chairman of the committee, Gumini MP Nick Kuman issued the threat yesterday in his opening remarks into the hearing against Manning.
"The committee will, in this term of Parliament, bring proposed legislation to amend the existing laws so there are in place effective and justifiable means to deter critics who persistently and knowingly publish damaging articles," Kuman said.
"This committee may have failed in the past but it will be coming down hard on critics and publishing houses who take pleasure at publishing often critical and damaging comments in the media."
After the hearing, Kuman, as an afterthought, said the freedom of expression guaranteed by the constitution would not be tampered with.
He said the committee felt it would need to push for the rigorous application of its functions, which immediately needed to be revised and strengthened.
The decision to refer Mitchell to the committee was made during an uproar in Parliament last month over Manning's report.
Politicians were outraged by comments allegedly made to The Australian newspaper last year. Mitchell said he understood the remarks were given to reporter David Nason as "background" and were not for quotation.
Mitchell had said there was corruption in the PNG police force, government and public service. The committee was also upset that Mitchell told a PNG newspaper he would "never raise a family" in PNG.
Mitchell said he had in fact said a "person in his position" (at the helm of a formerly failed savings fund) could never raise a family in PNG.
At the hearing, Kuman said: „The two before this committee are just classic examples of what the critics get up to when they want to put pen to paper.
In future, Kuman said the role his committee plays would include working closely with the civil courts in getting critics to respect the laws governing the actions of Parliament and the actions of parliamentarians by prosecuting offenders.
He said the committee would want to bring on board mechanisms and means, particularly deterrents, aimed specifically at critics who publish comments that tarnish the dignity and integrity of Parliament.
"In particular the freedom of speech, debates and the proceedings in Parliament," Kuman said.
However, both men denied making any comments directly at the Parliament or parliamentarians.
Post-Courier editorial, April 4-6, 2003:
Freedom of speech under serious threat
PAPUA New Guinea will go down the path of dictatorship if legislation is passed to punish publishers who publish „damaging‰ articles on this country as alluded to by the Parliamentary Privileges Committee Chairman yesterday.
The right to free speech and freedom of the press and media will cease to exist in PNG if that happens. This is a disturbing development that will forever change the PNG Constitution.
Free speech and free press are the foundations of democracy. Any attempt to interfere with them will be tantamount to a serious attack on the inalienable rights of citizens as enshrined in the National Constitution.
Healthy debate on national issues - whether extremely critical or not - enables the public to better understand important issues so that they can make informed decisions for themselves.
PNG has always been well regarded internationally as a young country that enjoys freedom of speech and freedom of the press and media. It is a great strength and one which holds this country up as a vibrant democracy. We must preserve this right no matter how bad we and our leaders feel about what others say about our country.
We should learn to respect and accept the right of others to speak their mind about issues of importance to PNG - even if we disagree with their views. That is the hallmark of democracy. Interfere with that and you no longer have a democracy.
Our National Parliament is founded on the great virtues of democracy, freedom, justice and respect for the dignity of the human being. Our founding fathers were determined that all citizens of PNG would enjoy all basic human rights, including the right to free speech and a free press and
media. In the last few years, however, disturbing signs have emerged that suggest that democracy may be under serious attack. The international community is keeping a close watch on PNG over this issue.
PACIFIC MEDIA WATCH is an independent, non-profit, non-government organisation comprising journalists, lawyers, editors and other media workers, dedicated to examining issues of ethics, accountability, censorship, media freedom and media ownership in the Pacific region. Launched in October 1996, it has links with the Journalism Program at the University of the South Pacific, Bushfire Media based in Sydney, Journalism Studies at the University of PNG (UPNG), the Australian Centre for Independent Journalism (ACIJ), Auckland University of Technology in New Zealand, and Community Communications Online (c2o).
© 1996-2003 Copyright - All rights reserved. Items are provided solely for review purposes as a non-profit educational service. Copyright remains the property of the original producers as indicated. Recipients should seek permission from the copyright owner for any publishing. Copyright owners not wishing their materials to be posted by PMW please contact us. The views expressed in material listed by PMW are not necessarily the views of PMW or its members. Recipients should rely on their own inquiries before making decisions based on material listed in PMW. Please copy appeals to PMW and acknowledge source.
For further information, inquiries about joining the Pacific Media Watch listserve, articles for publication, and giving feedback contact Pacific Media Watch at:
E-mail: delaro@clear.net.nz or pcronau@hotmail.com Fax: (+649) 3787542 or (+612) 9660 1804
Mail: PO Box 9, Annandale, NSW 2038, Australia
or PO Box 78028, Grey Lynn, Auckland 1002, New Zealand
Website: www.pmw.c2o.org