SUVA: (Pacific Media Watch): Open letter to the Fiji Sun in response to this article about the State Proceedings (Amendment) Decree 2012:
As a former journalist and mentor to some of the current practising journalists in Fiji, I cannot help but question the intention behind the new State Proceedings (Amendment) Decree 2012 as reported in your article of 9 February, titled "Media protected".
Lest I be liable under the Public Order (Amendments) Decree 2012, let me state at the outset that I am penning this letter as someone with a genuine interest in the development of responsible journalism and thatI offer my opinions in the spirit of "transparent discussions" as mooted by Aiyaz Sayed-Khaiyum in the aforementioned article.
The provisions of the decree appear to be modelled on the State Proceedings Act which afforded Members of Parliament certain privileges relating to their utterances in Parliament which would have otherwise opened them to court action if uttered in public.
First and foremost, the parliamentary privilege provision as correctly pointed out by Sayed-Khaiyum is applicable in most Commonwealth countries which have adopted the Westminster system of governance.
However, both Sayed-Khaiyum and your newspaper have failed to point out the obvious to the reading public: that current ministers in Fiji were never elected; there is no Parliament in existence; and, the more important fact that parliamentary privilege does not extend beyond the doors of a properly constituted Parliament.
What the decree does do is give all current government ministers the freedom to say whatever they wish to say, publicly or privately, defamatory or otherwise, and not be liable for their actions.
Despite the fact that the Public Order (Amendments) Decree 2012 does provide safeguards against issues like defamation, libel and slander, it is my humble opinion that this latest decree contradicts those very provisions.
'Carrot' offered
What is more appalling is the "carrot" being offered to media outlets to publish statements by ministers without fear of prosecution. The same "carrot" is not offered in the case of injured parties wishing to respond to any targetted criticism by government ministers.
This, again, is in direct conflict of the Code of Ethics contained in the Fiji Media Industry Decree, where fairness, accuracy and balance are essential pre-requisites for responsible journalism.
The other worrying aspect of this decree is that it will remain in force until a new Parliament is set in place. This gives current government ministers an unfair advantage if they are to contest the next general elections. This decree stacks the election campaign in their favour as it gives them aboslute freedom to tear an opponent's character to shreds without fear of prosecution.
In the spirit of transparency, I would very much appreciate a more convincing explanation from Sayed-Khaiyum as to how this decree will "facilitate transparent discussions and exchange of views".
Dennis Rounds
Suva
The letter was published by the Fiji Sun on February 10, 2012.
This work is licensed under a Creative Commons Attribution-NonCommercial 3.0 New Zealand License.
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