Role of Media in National Stability by MISA Zambia zambia

THE ROLE OF THE MEDIA IN NATIONAL STABILITY WITH SPEFICIC REFERENCE TO THE EFFICACY OF THE MEDIA COUNCIL OF ZAMBIA (MECOZ) IN PROTECTING THE MEDIA AND PROMOTING MEDIA ETHICS

SUBMITTED TO THE COMMITTEE ON INFORMATION AND BROADCASTING SERVICES FOR THE THIRD SESSION OF THE TENTH NATIONAL ASSEMBLY OF ZAMBIA

APRIL 2009

1.0 INTRODUCTION In any society, the media, like other institutions, is critical in maintaining national stability, particularly the social, political and economic well-being. In addition, the media plays a significant role in shaping public opinions and perceptions of these phenomena in a country. This is in view of the increased exposure to various forms of media and communication that Zambians continue to have. Being what the media are, an agent for socioeconomic, political and cultural development in any society, it is clear that the media has tremendous potential to contribute to satiability or instability of Zambia. Therefore, it matters how the media

conduct

their

day-to-day

reportage

events,

situations

and

circumstances. As the old Chinese adage goes, “the pen is mightier that the sword.” This, in other words, merely signifies the extent to which the media can either build or destroy a nation. As Muhammed Abbas 1, a former Director General of radio Pakistani notes, “media can disrupt a society or can stabilise and strengthen a society. It can lend decisive support to the stability of a country.” In discussing the role of the media in national stability, the ethical conduct of the media cannot be ignored. This is in view of the nature of the media in either building or destroying various facets of nationhood. This submission, therefore, discusses the role of the media in promoting national stability within the context of promoting and observing media ethics. The paper will attempt to discuss the efficacy of the Media Council of Zambia (MECOZ) in protecting the media and in the promotion of media ethics in Zambia. 2.0 MEDIA: POLITICAL STABILITY AND ECONOMIC DEVLOPMENT There is a symbiotic relationship among the media, the political stability of a nation and its economic development. With regard to the media, they have a 1

Media and National Stability, Pakistani Times cited on www.pakistantimes.net and checked on 26 March 2009

responsibility to report on the goings particularly on politics and development, especially the later as this is what affects ordinary citizens much more. This ranges from the activities, programmes and projects of governments from the local and central governments to opposition political parties and other civic and political interests organizations. This means the media needs to strike a balance by reporting on both parties in a factual, fair, objective and balanced fashion. Any attempt to show imbalance in the reportage of competing political stakeholders, particularly political parties, raises complaints from those parties that are perceived to have been reported in a negative fashion. This situation can lead to political tension, a pre condition for political instability, if unresolved and if allowed to prolong. As a consequence, there is danger that political competitors will begin to spend too much time fighting political battles at the expense of addressing various developmental challenges a country like Zambia faces. MISA Zambia therefore submits that the media, to a large extent can contribute significantly to the political stability and economic development of Zambia if it helps direct public attention to discussing and addressing developmental issues as opposed to facilitating political battles. This can be done through the concept of agenda setting, Several times during the development of Zambiaâ&#x20AC;&#x2122;s multiparty discourse, a lot of time has been spent by politicians arguing about political cum development issues such as the constitutional making process at the expense of implementing and facilitating actual development for the benefit of ordinary citizens. The media has been caught up in the circus by always reporting and protraying politicians attacking each other instead of focusing on key issues of poverty reduction and attainment of development.

MISA Zambia submits that there was too much polarisation in Zambia’s political discourse during the 30 October Presidential by-election. MISA Zambia remains concerned that the polarisation is not just with the media but also makes itself evident in the nations’ public affairs. The political scene is divided following the bitter wounds of the ended election among various political players. There is no doubt that most countries that have attained middle to high level of development have been politically stable. Similarly, there is strong evidence elsewhere that countries that have had unstable political environments have lagged behind in terms of attaining economic development. Examples abound, including our neighboring Democratic Republic of Congo (DRC), where the unstable political environment in the past few years appear to have had a negative impact on economic growth. As Mbaku 2 concludes in his study, lack of political stability has contributed significantly to economic stagnation on the continent of Africa. MISA Zambia, therefore, submits, that to a larger extent, the media as the fourth estate, can contribute tremendously to any nation’s political stability and economic development if they embraced important tenets of objectivity, fairness and balance at all times. MISA Zambia believes that instead of contributing to fanning political discontent or violence of whatever level, the media’s responsibility is that of building consensus, reconciliation and helping to find solutions to conflicts in the nation. This could contribute to development. MISA Zambia submits, therefore, that the media need to utilize this potential to facilitate dialogue and contribute to national political stability and development. Zambia is currently at the cross roads, requiring Foreign Direct Investment (FDI) to help support economic development. The current global financial crisis places the country in a much dire situation. The media have a role to provide relevant

Mbaku, John, M; Political Instability and Economic Development in Sub-Saharan Africa: Some Recent Evidence, checked from http://resources.metapress.com/pdf-preview on 6 April 2009.

information to the public by explaining circumstances and solutions that can contribute to engendering national stability and national development. 3.0 ZAMBIAN MEDIA: THE CASE OF THE 2008 PRESIDENTIAL BYELECTION This section addresses the posture of the media before, during and after particularly, the 2008 Presidential by-election that followed the death of President Levy Mwanawasa, SC (MHSRIP). MISA Zambia submits that there was too much polarization in the main-steam media just before and during this particular election. The private print media appeared to have mostly been skewed towards the opposition parties on their front pages and with lead headlines while the public media did the exact opposite3. If unchecked, this trend can greatly endanger democracy as citizens consume information of a biased nature.

3.0.1 PRE- AND DURING ELECTION PERIOD During the pre-election period, following the passing away of His Excellency President Levy P. Mwanawasa SC, both the private and electronic media were caught up in the political power struggle regarding which political candidate was best placed to take over from the deceased leader both within the MMD and outside. The heated political debate an intra ruling Movement for Multi Party Democracy (MMD) level, where the contest among especially former Finance Minister Nâ&#x20AC;&#x2122;gandu P. Magande and then Vice President Rupiah B. Banda, showed the extent to which the public and private media was involved in the biggest political contestation of the time. The Post newspaper, particularly, was accused of 3

MISA Zambia press statement, 7 November 2008, MISA Zambia Concerned with the media freedom violations during the just ended Presidential election period.

campaigning for Magande, while the Times of Zambia, Zambia Daily mail and Zambia National Broadcasting Corporation (ZNBC) appeared to favour Banda. After the adoption process, it was evident that The Post supported Patriotic Front President Michael Sata while the state media continued to support Mr. Rupiah Banda. During the pre-election period, there were complaints from members of the public that were mostly published as letters to the editor in both the state print media and The post, in which either were accused of bias. There were letters in The Post4 complaining against the state media but also complaints against what they termed “A certain private newspaper5,” in apparent reference to The post newspaper, in The Times of Zambia and Zambia Daily Mail. In these examples, a concerned citizen referred to the above accused newspaper of deliberately featuring malicious content against people who cannot defend themselves and fabricating and misinforming people. He went on to say the said paper has gone on to attack people who are not supporting their preferred candidate6. The current situation of media polarisation and of late the pointing of accusing fingers at each other among the media is a cause of worry that is leaving the Zambian citizens dumbfounded as they watch the informers, educators and entertainers (the media) remove systematically and unknowingly the spotlight on the cardinal issue which is the search for the next Zambian leader who should meet the needs and aspirations of Zambians. However, the media have begun to turn accusing fingers on one another. We urge the media to be issue-based than pointing fingers at each other. He went on to remind the said paper of “a 4

Konde, Henry; State Owned Media, The Post 28 October 2008 and unknown; ZNBC news Coverage, The Post 26 October 2008. 5 Concerned Citizen, “Private Newspaper a let down”, Times of Zambia, 29 October 2008. Letters to The Editor. 6 ibid

carelessâ&#x20AC;? radio announcement in Rwanda in April 1994 that sparked mass killings of people7. In The Post scenario, Konde8, accused journalists in state media institutions of hiding so much information from the people they are meant to represent. He went on to accuse them of making people believe in lies that have made them make wrong decisions of who to lead them as their leader. There are numerous examples of complaints that appeared. This also subtly showed the polarization of the private and public media during this period. This perceived bias among both the public and private media came to the fore on 20 September 2008 when the MMD lodged an official complaint against The post newspaper editorials published since August 20, 2008 to the Media Council of Zambia (MECOZ). In this complaint, the MMD campaign media committee chairperson Chibeza Mfuni said that The Post Newspaper had from August 20 2008 published 20 editorial comments full of hate speech against their partyâ&#x20AC;&#x2122;s presidential candidate Rupiah B. Banda 9 and complained that the paper had unfairly scandalized the personality and character of the then Vice President who was also acting President without any good cause. In response, MECOZ Chairperson Sr. Rose Nyondo appealed to the media to exercise fairness and impartiality in the coverage of all four Presidential candidates taking part on the 30 October 2008 election 10. She said the media needed to desist from using insults, inflammatory and derogatory language because this will not help the public in anything related to the elections11. Sr. Nyondo said there had been many complaints from the public 7

optc Referred to in 3 9 The Post, 27 September 2008 10 ibid 11 optc 8

on the conduct of the media and advised that the media should ask themselves whether they were building the nation or not. In response, however, Press Freedom Committee of The Post General Secretary chided Sr. Nyondo’s remarks arguing the paper’s comments have been based on fact and that the MMD’s complaints were misplaced as the paper was not a member of MECOZ. He advised the complainant to go to court instead. Similarly, the opposition Patriotic Front (PF), the leading opposition political party, threatened to sue the Zambia National Broadcasting Corporation (ZNBC) if it did not cover the party’s campaign activities in a fair and professional manner. A letter dated September 25 2008 by PF lawyers Winter Kabimba and company addressed to ZNBC Director General Joseph Salasini stated that the PF had observed that ZNBC had discriminated the party in its coverage of campaign activities contrary to the electoral Act regulations 12. In an apparent response to this ZNBC appeared to have improved their coverage of the party as indicated by a content analysis conducted at the time. However, later, ZNBC removed adverts for the PF, forcing the PF leader Michael Sata to threaten legal action against the corporation. It turned out later that the party had not paid for the adverts 13. MISA Zambia believes that the polarisation in the media was based on the wider polarisation experienced in the political and public sphere prevailing at the time. Clearly, there were political divisions regarding which political party and candidate can rule Zambia, after Dr Mwanawasa’s death. The conflicts between the media and politicians continued during this period. The conflict between the MMD and The Post went to the High Court and on September 27, 2008 the Lusaka high court granted acting President and MMD Presidential candidate Rupiah Banda an injunction restraining the Post

12 13

Alert Zambia, 29 September 2008; Opposition Patriotic Front Threatens to sue ZNBC. Times of Zambia, September 22 October 2008.

Newspaper and its agents from publishing libelous words against him 14.The Sunday mail of September 28, reported that according to a court order dated 27, 2008, the newspaper was directed to stop printing, circulating or distributing libelous words until an inter parte hearing set for October 3, 2008 or until further order of the court. The mater was subsequently discontinued by the complainant. During the period, the media were also threatened by various players. According to the monitoring which MISA Zambia carried out during the pre and post election periods, media freedom violations increased tremendously. The violations recorded by MISA Zambia and reported soured from a paltry six (6) between January to August 2008 to 16 reported media freedom violations between September to November15. The violations included physical harassments, threats of legal suites and dismissals, ejections from premises of political events such as rallies, threats to close down media institutions and orders to stop live broadcasts or publishing of certain types of stories either by order or through the courts of law. One notable media freedom violations was on 12 September 2008 when Permanent Secretary in the Ministry of Information and Broadcasting (MIBS) Emmanuel Nyirenda ordered all community radio stations to desist 16 from broadcasting live phone in programmes in order to avoid unnecessary complaints, conflict and misunderstanding because phone-in programmes are

Misa Zambia concerned with the rise in media freedom violations during the just ended presidential election period; 7 November, 2008, Press Statement

Letter by Ministry of Information and Broadcasting Services Permanent Secretary Emmanuel Nyirenda dated 12 September 2008.

used by some parties to employ insults and accusations which can not be rebutted. Another notable instance was when Muvi TV and ZNBC reporters and camerapersons were beaten by MMD cadres in Lusaka. The cadres had undertaken a solidarity match in favour of their presidential candidate Rupiah Banda. Zambia Daily Mail was another media body whose reporters were threatened with dismissal if they did not publish an article by Mbita Chitala, a former ambassador to Libya and a member of the MMD. This took place on Saturday 29 August, 2008. On 1 October 2008, Information and Broadcasting Services minister Mike Mulongoti reiterated his earlier threats to close down the The Post newspaper if it did not cooperate with the government and courts of law 17. This followed The Postâ&#x20AC;&#x2122;s having been asked to stop the alleged libelous editorials against Mr. Rupiah Banda. MISA Zambia concludes that there was conflict and polarization between the media and politicians during the period. ACTUAL MEDIA COVERAGE DURING THE ELECTIONS The above situation, and allegations of bias, has been confirmed by a recent study commissioned by the Media Institute of Southern Africa (MISA) Zambia and undertaken by an independent researcher. The general objective of the study was to critically analyse how the media, both state and private, covered the run up to the 2008 presidential by-election in Zambia. The specific objectives of the study were to:

Alert Update Zambia, 3 October 2008 , Mulongoti reiterates threats to close The Post

(a) Evaluate how selected media houses in Zambia covered the October 2008 presidential by elections (b) Assess the level to which the media adhered to the provisions of the electoral code of conduct regulations (c) Determine the extent to which media organisations followed their policies regarding reporting of elections (d) Identify successes and challenges faced by the media during the coverage of the 2008 presidential elections The study focused on the dates starting from the 8 th to the 30th of October which was the actual polling day. Monday 8th October 2008 was specifically chosen because by then it was clear that Mr. Rupiah Banda had been selected as the presidential candidate for the ruling Movement for Multiparty Democracy. Prior to this date, much of the media coverage was on the funeral of the late president and the struggle in the ruling party concerning who would be the partyâ&#x20AC;&#x2122;s presidential candidate. The study analysed media coverage of the campaign period on Mondays, Wednesdays and Fridays including Tuesday the 30 th of October 2008. The methodology involved a comparative, descriptive and analytical approach that employed a triangulated approach that was empirically based and used both qualitative and quantitative methods such as desk review and fieldwork. It employed specifically, content analysis of selected media institutions and personal interviews with editors of the institutions, namely Times of Zambia, Zambia Daily Mail, The Post newspaper and Zambia National Broadcasting Corporation (ZNBC) TV. These were also selected because they are circulated to most parts of the nation. In addition, these newspapers are published daily and this was significant for sampling purposes and for consistency in terms of data collection and analysis.

From the electronic media the selection of the Zambia National Broadcasting Corporation a state controlled station despite it being a public broadcaster was based on the fact that ZNBC (both radio and television) covers almost all the parts of the country. All news articles in the print media irrespective of size were regarded as adequate and sufficient indication of the type and extent of coverage in the three daily newspapers. Similarly for the broadcast media emphasis was placed on the news bulletin. Other dimensions of counting and analysis were based on themes such as frequency of coverage, placement of stories in the paper or in the bulletin, language used, sources quoted and gender dynamics. The study revealed that the coverage of elections was not fair, balanced, and objective and to some extent it was unethical 18. The coverage tended to favour some presidential candidates over the others and in some instances coverage tended to concentrate on tarnishing the image of certain candidates while attempting to promote others. Bias was clearly demonstrated quantitatively in that some political parties enjoyed massive and positive coverage while others were not given adequate coverage. The study also revealed that while some media houses granted coverage to certain candidates, the coverage was in most cases negative and bent on bringing shame on the candidates. Specifically, the following situation prevailed:

Draft report on the critical analysis of media coverage of the 2008 Presidential by - election in Zambiathe Times of Zambia, the Zambia Daily Mail, the Post newspaper and the Zambia National Broadcasting Corporation (ZNBC), page 1, Unpublished report; April 2009

The Times of Zambia19 4.1.1 Number of stories The Times of Zambia had a total number of 54 election related stories in the period of the study. The majority 59.3% (32/54) of stories were about the MMD followed by the UPND with 22.7% (12/54).The least covered party was the Heritage Party with only 3.7% (2/54) of the total stories covered. The table below represents the distribution of stories across the political parties covered in the Times of Zambia. Number of front page election stories The Newspaper had a total number of 24 stories that occupied the front page and 62.5% (15/24) belonged to the MMD followed by both PF and UPND with 16.7% (4/24) a piece. The Heritage party had only 4.2% (1/2). Table 2 depicts the number of front page stories published in the Times of Zambia during the period of study. Number of sources used in the election stories The Times of Zambia had a total of 94 sources quoted for stories related to the October elections. The majority of the sources 76.6% (72/94) sources in the stories were from MMD followed by 12.8% (12/94) from the UPND. The Heritage Party had the least number of sources 2.1% (2/94). Table 3 below shows the number of sources involved in the news stories.

Number of lead stories published The paper had a total of 6 election lead stories and all of them 100% (6/6) were about the MMD. Table 4 represents the number of lead stories published in the newspaper over the period of study. 19

Opct, page 12, section from report

Number of pictures published The Times of Zambia had a total number of 11 election related pictures. The MMD accounted for the majority of these pictures with 81.8% (9/11) followed by both the PF and HP with 9.1% each (1.11). The UPND did not have a single picture published. Number of stories about presidential candidates The majority of the stories that directly involved the presidential candidates were about Mr. Rupiah Banda with 50% (11/22) followed by Mr. Hakainde Hichilema with 36% (8/22). The paper did not carry any story that directly quoted Heritage Party president Brigadier General Godfrey Miyanda.

The Zambia Daily Mail20 4.2.1 Number of election stories The Daily Mail carried a total number of 30 election related news stories and the majority of them 63.3% (19/30) were about the MMD followed by PF with 26.7% (8/30). The least covered party was the HP with no story at all.

Number of front page stories The paper carried 22 front page stories about the elections and 63.6% (14/22) were about the MMD followed by 27.3% (6/22) for the PF while the HP was the least with no front page story.

Results for this section obtained from page 17 of the Unpublished Draft Report on the critical analysis of media coverage of the 2008 Presidential by - election in Zambia- the Times of Zambia, the Zambia Daily Mail, the Post newspaper and the Zambia National Broadcasting Corporation (ZNBC), April 2009

Number of sources A total number of 51 sources were quoted for the stories regarding the elections. The MMD had a huge number of sources quoted 76.5% (39/51) followed by the PF with 17.6% (9/51).

Number of lead stories The Daily Mail published 8 lead stories and all of them were about the MMD. Number of pictures A total of 19 pictures were published and the majority of them were about the MMD 52.6 per cent (10/19). The rest of the parties had 15.8 per cent (3/19) apiece.

Number of stories about presidential candidates The Daily Mail published a total of 18 stories that directly quoted the presidential candidates. Mr. Rupiah Banda, Movement for Multiparty Democracy candidate had the most number of stories with 61 per cent (11/18) followed by Patriotic Front candidate Mr. Michael Sata with 28 per cent (5/18). Heritage Party candidate Brigadier General Miyanda was not covered directly.

The Post Newspaper21 4.3.1 Number of stories The Post Newspaper carried a total of 43 election stories and 41.9 per cent (18/43) were about the PF followed by the MMD with 34.9 per cent (15/43). The HP was the least with 2.3 per cent (2/43).

Number of front page stories The paper carried more stories about the MMD on its front page with 45 per cent (9/20) followed closely by the PF with 40 per cent (8/20). The Post did not publish any story about the Heritage on its front page from the copies sampled.

Number of sources A total number of 69 sources were quoted and 42 per cent (29/69) were MMD sources followed by the PF with 39.1 per cent (27/69). The Heritage party had the least number of sources quoted accounting only for 1.4 per cent (1/69).

Number of lead stories A total of 11 lead stories where published and the majority 63.6 per cent (7/11) were about the Patriotic Front followed by the MMD with 36.4 per cent (4/11). Both the United Party for National Development (UPND) and the Heritage Party did not have a lead story published about them.

Results for this section obtained from page 20 of the Unpublished Draft Report on the critical analysis of media coverage of the 2008 Presidential by - election in Zambia- the Times of Zambia, the Zambia Daily Mail, the Post newspaper and the Zambia National Broadcasting Corporation (ZNBC), April 2009

Number of pictures The Post Newspaper had a record number of 27 pictures published. The Patriotic Front had the largest number of pictures with 63.0 per cent (17/27) followed by the Movement for Multiparty Democracy with 25.9 per cent (7/27).

Number of stories about presidential candidates A total of 20 stories published in the Post did directly involve the presidential candidates. Mr. Rupiah Banda of the MMD was led with 40 per cent (8/20) followed by Mr. Michael Sata of the Patriotic Front with 30 percent (6/20) while Brigadier General of the Heritage Party was the least candidate with the number of stories directly quoting him at 5 per cent (1/20).

The Zambia National Broadcasting Corporation (ZNBC) 22 4.4.1 Number of stories The Zambia National Broadcasting Corporation (ZNBC) aired a total of 40 news stories about the elections in the period of the study. The MMD accounted for 65.0 per cent (26/40) followed by the PF with 20.0 per cent (8/40) and the HP was the least party covered with only 2.5 per cent (1/20).

Number of headline stories The majority of the headline items from the bulletins analysed were about the MMD with 60.0 per cent (6/10) followed by the PF on 30 per cent (3/10).

Results for this section obtained from page 23 of the Unpublished Draft Report on the critical analysis of media coverage of the 2008 Presidential by - election in Zambia- the Times of Zambia, the Zambia Daily Mail, the Post newspaper and the Zambia National Broadcasting Corporation (ZNBC), April 2009

Number of sources A total of 40 sources were quoted and the majority of them were MMD 65.0 per cent (26/40). The PF was next with 20.0 per cent (8/40) while the HP had the least number of sources quoted with 2.5 per cent (1/40).

Number of pictures A total of 22 pictures were aired in the news items during the run up to the presidential elections and the majority of them involved the MMD 72.7 per cent (16/22) followed by the PF with 18.2 per cent (4/22).

Number of stories about presidential candidates Mr. Rupiah Banda was the presidential candidate with the highest number of news items which directly quoted him, 58 per cent (11/19) followed by Mr. Michael Sata and Mr. Hakainde Hichilema with 21 per cent (4/11) a piece. The study also found that the private media in this case The Post Newspaper was very critical of the MMD candidate Mr. Rupiah Banda and the majority of the stories published about the MMD and Mr. Banda in particular were negative 23. Quantitatively one would get the impression that the MMD was well covered but qualitatively that was not the case. Examples of negative stories about the MMD and Mr. Banda were noted in the stories published under the following headlines; “Squabbles rock Rupiah’s campaign team” (08/10/2008), “Rupiah is sleepy” (10/10/2008), “Banda has confirmed his own dented image” (10/10/2008), “Another eyewitness insists Rupiah bribed Sakala (10/10/2008), “Image builders cause discomfort in MMD campaign” (13/10/2008), “Rupiah can’t win without rigging – Hichilema” (20/10/2008), “MMD doesn’t deserve another chance to rule – UPND councillor” (20/10/2008), “It’s over for Rupiah – Sata” (30/10/2008) and “CBU students vow to vote against Rupiah” (30/10/2008). However it was also apparent that the Post newspaper published stories about the opposition PF that 23

Ibid, Page 33

could be considered positive implying that the paper was sympathetic to Mr. Sata. The other opposition parties also received uncritical coverage in the Post. The following are some of the headlines of the stories about the PF and Mr. Sata. “Sata promises not to stop Chiluba’s plunder cases” (13/10/2008), “Chihana endorses

Sata’s

candidature”

(13/10/2008),

“Mongu

welcomes

Sata”

(20/10/2008), “Sata is winning – Munkombwe…if the MMD makes a small mistake” , “FFTUZ backs Sata for president” (24/10/2008), “It’s over for Rupiah – Sata”, “Chumbwe defects to PF” and “Sata is a leader for all – PF member”, “I’m unstoppable – Sata” (27/10/2008), “Police try but fail to stop Sata’s Mbala rally” (15/10/2008), “PF vows to uproot MMD in Chibombo” (15/10/2008), “Satamania hits south” and “Admit political league is tough Sata tells Rupiah” (17/10/2008), “Sata is unstoppable – Mulemfwe” (22/10/2008), “Dr. Sacika vows to vote for Sata” and Zulu smells PF victory in eastern province” (29/10/2008) 24. In contrast, the public media both the print and electronic media published a lot of stories in favour of the MMD and Mr. Banda. In terms of tonal bias all the stories were positive in favour of the MMD25.

The study revealed that the majority of sources quoted in the three public media institutions namely the Times of Zambia, Zambia Daily Mail and ZNBC were from the ruling MMD. For instance the Times of Zambia had a total of 94 sources quoted in the stories and 72 of them were from the MMD, the Zambia Daily Mail had 51 sources and 39 of them were MMD, while ZNBC had 40 and 26 were MMD. The same pattern was noted with stories that directly quoted presidential candidates. The Times had a total of 30 stories that quoted the four candidates and 19 stories were about the MMD candidate Mr. Banda, the Daily Mail had 11 24

Optc, page 24

Draft Report on the critical analysis of media coverage of the 2008 Presidential by - election in Zambia- the Times of Zambia, the Zambia Daily Mail, the Post newspaper and the Zambia National Broadcasting Corporation (ZNBC), page 25, April 2009

stories out of the total of 18 while ZNBC quoted Mr. Banda 11 times out of the total of 19 stories about the presidential candidates. Refer to tables 3, 9, 15, and 21 for the number and distribution of sources quoted. The general trend was that on average four sources were quoted for stories involving the MMD as opposed to single sourced stories about the opposition. However, some semblance of balance was noted in the Post Newspaper in as far as the number of sources was concerned. The Post had a total of 69 sources and 29 were MMD while PF had 27 but even then other two political parties were not well represented. The same pattern was evident in the stories about the presidential candidates. A total of 20 stories were published about the candidates and 8 were about Mr. Banda, 6 about Mr. Sata and 5 about Mr. Hichilema26.

Picture analysis and language of captions In the study27, quantitative analysis showed that the public media especially the print media did not highlight the activities of the opposition parties in as far as pictures were concerned. The majority of pictures published were about the ruling party and the few pictures about the opposition parties were mainly file pictures and many of them were portrait pictures. To put this point into perspective, the Times of Zambia published 9 pictures about the MMD out of the total of 11 pictures; the Daily Mail had 10 pictures about the MMD out of the total of 19 pictures while ZNBC aired a total of 22 stories with pictures and 16 belonged to the MMD.

The study also noted that The Post Newspaper on the other hand had the largest number of pictures totalling 27 and the majority of them were about the campaign activities of the Patriotic Front and Mr. Sata in particular 28. Statistically, the Post 26 27

Ibid; page 35. optc; page 36.

published 17 pictures about the PF against 7 about the MMD, 2 about the UPND and one about the HP. It was very evident that the Post had rendered its support to the candidature of Mr. Sata and strongly criticised the then Acting President Mr. Banda. The pictures published portrayed Mr. Sata’s rallies to have been well attended and the descriptions of the rallies were full of adjectives such as “mammoth”, “huge” “well attended” and “massive” while in contrast pictures of Mr. Banda’s campaign rallies depicted poor attendance and mainly by children. These findings are corroborated with the findings of a report by a consortium of Civil Society Organisation (CSOs), namely the Foundation for Democratic Process (FODEP), Anti Voter Apathy (AVAP) Southern Africa Centre for Constructive Resolution of Disputes (SACCORD) and Zambia Women’s Lobby (ZNWL), that observed that while the “government media was preoccupied with either over projecting the campaigns for the MMD candidate, or discrediting the opposition,” “the private media particularly The Post positively projected the PF candidate and discredited the ruling MMD candidate. 29” They noted that the other two candidates, namely UPND’s Hakainde Hichilema and Heritage Party’s Brigadier General Godfrey Miyanda whom they described “generally received a raw deal from the media.” The report states that the electronic media monitoring revealed a continued bias by the only public television station, Zambia National Broadcasting Corporation (ZNBC). “During the ZNBC news broadcast at 19:00 hours, the Corporation went to the extreme of extensively covering MMD and its candidate, little coverage was given to the opposition political party leaders. 30”

Corporation (ZNBC), page 37, April 2009 29

Joint Interim Report on the October 30th Presidential Elections, by the Zambian Elections Monitoring Civic Organisations (FODEP, AVAP, SACCORD & ZNWL), Delivered on 14 November 2008 at a press briefing, at Ndeke Hotel, Lusaka. 30 Ibid.

The report concludes that the partiality and excessive bias coverage towards the ruling party gave undue advantage to the ruling party. It noted, as an example, that the Corporation ran an advert for the MMD candidate, Mr. Rupiah Banda, of about nine minutes per day31 which translated to about 50 minutes a week contrary to the provisions of the Electoral Code of Conduct regulation number 12, which stipulates that no single party should be accorded airtime of more than 30 minutes per week. The MISA findings also agree with the observations of the Law Association of Zambia (LAZ) report which noted that the conduct of some of the private and public media institutions infringed the provisions of both the Electoral Code of Conduct and the SADC principles and Guidelines Governing Democratic Elections. â&#x20AC;&#x153;It was apparent that some media houses, both private and public, had a preferred candidate of choice and accorded favourable and unbalanced coverage in favour of such candidate to the detriment of the other candidates,â&#x20AC;? states the report32, without explicitly mentioning the specific media institutions.

LESSONS LEARNT FROM ELSEWHERE In discussing this component, MISA is cognisant of the fact that the Rwandese genocide experience is often brought into question as a case in determining the role of the media in promoting anarchy and conflict. . Recently at a Human Rights Committee of the National Constitution Conference (NCC) in Lusaka, some Commissioners, accused the media of being responsible for fanning conflict in the country33. They cited the case of Rwanda and what role the media played in

optc Law Association of Zambia Report on the Monitoring of the 2008 Presidential By-Election held in Zambia on 30 October 2008, page 3. 33 Submission by Mazabuka Member of Parliament and NCC Commissioner Hon, Garry Nkombo to plenary discussion of the Human Rights Committee of the NCC, 12 February 2009. 32

promoting genocide. This was part of the language that became common during the election campaign. In using the Rwandese case, it is important to remember that it was not entirely the media that directly led to the genocide, starting with the shooting down of a plane carrying the late Rwandese Hutu President Habyarimana. It was particularly the politicians including the armies and the rebels who were responsible for the genocide that ensued. Although the actions of one Priest, running a radio station, played a role in the genocide, it was not the media that should shoulder the blame. Unfortunately the media continue to be blamed and this continues to be used in the case of Zambia. MISA Zambia submits, therefore, that the major lesson to be leant, among others is that the media needs to promote peace, dialogue and reconciliation at all times, especially during times of elections where political contestation is high. This they can do by practicing responsible, ethical and objective reporting. Instead of the media being used for fanning conflict, MISA Zambia submits that it should be used as an instrument of conflict resolution and nation building other than mongering conflict.

ENHANCING

POSITIVE

CONTRIBUTION

MEDIA

NATIONAL

STABILITY AND ECONOMIC DEVELOPMENT The media is a powerful too that is used to communicate information on which opinion and decisions are made. It pays a critical role of edifying the minds with economic, developmental and general news.

However, the general perception

has been that when media report negative happenings or negatively about prominent individuals, its perceived as destructive or vindictive. Often times such negative reports in the case of corrupt officials have ended up being convicted. One such is Former Ministry of Health permanent secretary Kashiwa Bulaya who

was convicted and sentenced to five years imprisonment for abuse of office, although at one time it seemed the media were biased. This does not mean that the media must throw caution to the wind and forego the ethics of the profession and laws governing the sector. According to the MISA Zambia Ethical Code of Conduct 10.1 The public has the right to know the truth. Therefore journalists have a duty

to report the truth either as representing objective reality or

representing what the source says fairly, accurately and objectively. It is in this vein that MISA Zambia wishes to submit that the media is only a mirror of what is happening in society whether that information is negative or positive. However, the media can play the role of national stability through its educative programmes and articles. These include National Watch on ZNBC, The Matter at Hand on Muvi TV Life Style in The Post, Face the Media, Good Governance Radio programme and many others that run on community media. These educate the citizens on various topical issues in the country as well as carrying stories that depict Zambians who have recorded economic success in their lives. These contribute to national stability because people are allowed to vent their concerns thereby reducing incidents of riots which normally result from suppression of freedom of expression and also allow citizens to emulate fellow Zambians who have economically succeeded in the Zambian economy. However, the media needs to desist from being partisan and avoid giving prominence to political parties and individuals using inflammatory language at the expense of critical issues. This is hard for the media to implement because politicians set this pace. Therefore, MISA Zambia submits that although the media in Zambia fell short of adhering to the ethical standards of the profession and the Electoral Code of Conduct, this industry can not be regulated using statutory instruments in terms of ethics because there are sufficient laws in Zambia governing media conduct. These are found in the Zambian Constitution and Penal Code. Some of these

include defamation, state security, and the Electoral Code of Conduct of 2006. These are more than sufficient laws that compel the media to report in unbiased manner during elections and even when there are no elections. The electoral code of conduct empowers and makes it a constitutional right for a Zambian to either complain to the Electoral Commission of Zambia or sue the media and compel it to be objective and balanced in its reporting. This takes care of the concerns that were raised during the just ended elections and when elections are over. The media in Zambia has increased its publication and broadcast of economic related issues, these include The Art of Business on Muvi TV, Business Post and ZNBC has been running a business segment on the main news. This could in the long run assist the Zambian mind shift towards economic issues as opposed to the current situation were the main focus is on politics. This has made it very hard for business-oriented publications to penetrate the market and be sustainable. For instance, even economic or business publications are forced to blend politics to sale their publications. For instance, a number of media institutions established in Zambia with a focus to report economic issues such as the Zambian Analysis and CBC television in Lusaka have very few readership or viewers. Very few Zambians seem to have the interest to read and watch them. This low demand makes it hard for the media to be sustained or maintain focus on economic related issues because at the end of the day the media need to survive. Therefore, we see a situation in Zambia were the business page that handles economic related stories falling on less than half a page because of the demand for political news over economic related news. MECOZ AND THE PROMOTION

OF PROFESSIONALISM THROUGH

ENFORCEMENT OF ETHICS

Before addressing the extent to which MECOZ has promoted professionalism by enforcing media ethics, it is important to first set out the objectives of MECOZ in context. The Media Council of Zambia (MECOZ) was officially established in July 2004 following extensive discussions among media practitioners and a decision by both MISA Zambia (Formerly Zambia Independent Media Association) and Press Association of Zambia (PAZA) to merge their separate entities, namely the Independent Media Council (IMC) and Media Ethics Complaints Committee (MECC) to form MECOZ, a self regulatory, non statutory and voluntary institution. This is an international practice when it comes to media regulation. The objectives of MECOZ are as follows: (a) To promote professionalism by enforcing journalism ethics; (b) To promote freedom of the media; (c) To promote understanding between the media and the public; (d) To arbitrate complaints between the media and the public; (e) To promote gender equity and equality in media practice, and; (f) To do such things as may be in the interest of the media and the public 34. In attempting to answer this question, it is important to mention that MECOZ is entirely a voluntary institution. This means media institutions are not obliged to subscribe to MECOZ. Currently, for example, The Post newspaper is not a member of MECOZ and has, therefore, refused to listen to advice from MECOZ. This has made it difficult for MECOZ to enforce compliance of the code of conduct since the paper does not subscribe to the Code of conduct. It is safe to say, therefore, that MECOZ has promoted professionalism through enforcement only to a lesser extent. Research35 indicates that some newspapers 34

Constitution of Media Council of Zambia As amended on 6 February 2004. See Media Sustainability Index (MSI) Africa International Research & Exchanges Board WWW.IREX.ORG

that are members do not seem to treat MECOZ with any seriousness. This poses an ethical challenge and impacts on quality control. A case in point was the case of the Times of Zambia, where MECOZ had recommended that the paper “issue an apology after injuring the interest of the Royal Foundation of Zambia” and the paper ignored this. It has been observed, because of its self-regulatory nature, MECOZ “lacks teeth to bite and it can only recommend “corrective action” and not enforce it. However, MECOZ successfully undertook adjudication of the mater that involved complaints from Ms. Caroline Makasa, National Director of Miss Tourism World Zambia, and Mr. Andy Anderson, Board Chairperson of Miss Tourism World Zambia, both of which were lodged on 24 June 2005. Ms Makasa complained about alleged unfair reporting of her organisation in articles which appeared in the Times of Zambia on 26 February 2005 headlined “Who is who in Miss Tourism World 2005” and 11 June 2005 headlined “Caroline snubs press again”. The details of the complaint are contained in the enclosed letter together with the relevant attachments (Ask Beenwell). THE EXTENT TO WHICH MECOZ HAS PROMOTED UNDERSTANDING BETWEEN THE MEDIA AND THE PUBLIC MISA Zambia submits that MECOZ has tried to promote understanding between the media and the public. The case in point was when the institution successfully adjudicated the matter involving the Times of Zambia, The Post, Zambia Daily Mail and former Minister of Information and Broadcasting Services Vernon J. Mwaanga, In this matter, The Post, on 4 April 2007. published a lead story headlined: It’s Zambia which owes Katumbi $ 7 million – Mwaanga,” which Mr. Mwaanga complained against as misrepresentative of his views and therefore a breach of media ethics. He claimed that the story was fabricated and therefore

amounted to unprofessional conduct by the newspaper 36. On 5 April 2007, the Times of Zambia published a lead story headlined “Katumbi Owed Nothing,” basing its story on Mr. Mwaanga’s ministerial statement in Parliament where he tendered his version of the video transcript of what he had said in Lubumbashi after meeting Katanga Governor Moise Katumbi. The paper carried further, an opinionated publication of Mr. Mwanga’s version together with that of The Post and asked what controversy there was between the two versions. The matter became that of public interest as there was need to clarify what the truth was. A letter to the editor was then published in the Zambia Daily Mail asking what difference there was. The Press Freedom Committee of The Post then issued a statement criticizing the public media for what they called unethical conduct 37 and lies. It also criticized ZNBC for remaining silent even when they knew the truth. MECOZ, on 11 April 2007, issued a statement that it would examine the issues especially that it had assumed a public interest tone in line with its mandate. A MECOZ Ethics Committee was then constituted to enquire into the matter. The enquiry found that The Post story that stated that Mr. Mwaanga told journalists in Congo that Mr. Katumbi was owed US 7 million for the maize he supplied in 2001 was accurate38 and a true reflection of what was contained in the video evidence, which the paper reproduced from, Le Potentiel, a French newspaper in the DRC.

Report of the Findings by the Independent Investigations Committee appointed under the auspices of the media Council of Zambia (MECOZ) to investigate violation of media ethics in the matter involving Mr. Vernon Johnson Mwaanga, The Post Newspapers, Times of Zambia and Zambia Daily Mail on the matter relating to the Zambian Media coverage of Mr. Mwaanga’ s Interview with Democratic Republic of Congo journalists; April 2007; page 2. 37 Statement by Press Freedom Committee of The Post Chairperson Webster Malido on 7 April 2007. 38 optc

On the Times of Zambia, the enquiry found that the paper reported something contrary to what Mr. Mwaanga said in Parliament 39. The headline, “Katumbi Owed Nothing,” did not reflect what was in the substantive part of the story and that it did not reflect the record in the Parliamentary debates. The enquiry concluded that based on the evidence available, there was a breach of journalism by the Times of Zambia40. As for the Zambia Daily Mail, the enquiry established that it did not breach any code of ethics as the matter in contention was a Letter to the editor and the views expressed by the newspaper reader were neither of the editors nor of the paper41. With regard to the complaint by the PFC of The Post that ZNBC, despite having been

availed

the

video

footage

Mr.

Mwaanga’s

interview,

acted

unprofessionally by not airing it, the enquiry did not uphold this complaint on the basis that ZNBC, like any media, has the right to choose what to air and what not to42. In another case, Gender and Media In Southern Africa (GEMSA) Zambia raised a complaint against a Television image showing a woman taking a shower with a section of her body exposed on Lusaka based privately owned Muvi TV. GEMSA viewed this as offending. When MECOZ asked MUVI-TV to respond to GEMSA, the media institution withdrew the advert for sometime and later brought it back but with the offending part removed.43 39

ibid optc 42 Report of the Findings by the Independent Investigations Committee appointed under the auspices of the media Council of Zambia (MECOZ) to investigate violation of media ethics in the matter involving Mr. Vernon Johnson Mwaanga, The Post Newspapers, Times of Zambia and Zambia Daily Mail on the matter relating to the Zambian Media coverage of Mr. Mwaanga’ s Interview with Democratic Republic of Congo journalists; April 2007; page 5. 43 Personal interview with former MECOZ Executive Secretary Beenwell Mwale; 8 April, 2009; Lusaka. 41

In another matter, Zambia Sugar PLC raised a complaint against Mazabuka Times newspaper. In this complaint, the company stated that the paper had continued to publish a series of articles and editorials it deemed false and were published “with malicious intent” especially that the company had not been offered an opportunity to be heard.44 According to Mwale,45 MECOZ facilitated discussions between the parties at their secretariat. The parties agreed to discuss and resolve the matter amicably in Mazabuka and it was not, therefore brought before the ethics committee for adjudication. Another case relates to a complaint by Chipata Municipal Council Public Relations Officer, Levi Ngoma. In his complaint, Ngoma accused the Times of Zambia against unbalanced reporting against Chipata Municipal Council by alleging that the “Council corruptly or illegally gave out plots to prominent persons in society.46” MECOZ then brought the complaint to the attention of Times of Zambia management to which they denied the allegations. In his response, addressed to MECOZ, Times of Zambia

Acting Deputy Managing

Director John Phiri denied the allegation and clarified that the paper had on several occasions given the council an opportunity to be heard. “In this case, the Times of Zambia has endeavoured to publish both sides of the story; We could not deny Mr. Julius Banda (Former Council official who reported the matter to Anti Corruption Commission) an avenue to air his concerns about Chipata Council operations; and we gave the council and Mr. Nixon Banda (former ACC Director General implicated in the matter) an opportunity to respond to the allegations47. The matter was settled. 44

Letter by Zambia Sugar PLC Corporate Affairs Manager/Company Secretary Lovemore Sievu to MECOZ Executive Secretary dated 22 March 2007. 45 ibid 46 Letter by Levy J. Ngoma, Public Relations Officer, Chipata Municipal Council to the Media Council of Zambia dated 7 December 2007. 47 Letter by Times of Zambia Acting Deputy Managing Director John Lungu to MECOZ dated 7 December 2007 in response to complaint by Chipata Municipal Council Public Relations Officer Levy J. Ngoma.

These cases shows the extent to which MECOZ can be effective in adjudicating and handling matters of public interest relating to the ethical conduct of the media if supported. MISA Zambia submits that MECOZ has tremendous potential to promote understanding between aggrieved members of the public and the media. However, more work needs to be done in this area. It is important to, also note that MECOZ has not been very proactive in addressing some of the complaints that came before it despite having a fully fledged board and secretariat. This was evident during the last Presidential by election. On 20 September 2008, for example, the ruling MMD lodged an official complaint against The post newspaper editorials published since August 20, 2008 to the Media Council of Zambia (MECOZ). In this complaint, the MMD campaign media committee chairperson Chibeza Mfuni said that the Post Newspaper had from August 20 2008 published 20 editorial comments full of hate speech against their partyâ&#x20AC;&#x2122;s presidential candidate Rupiah B. Banda 48 and complained that the paper had unfairly scandalized the personality and character of the then Vice President who was also acting President without any good cause. In response, MECOZ Chairperson Sr. Rose Nyondo issued a statement appealing to the media to exercise fairness and impartiality in the coverage of all four Presidential candidates taking part in the 30 October 2008 election 49. She said the media needed to desist from using insults, inflammatory and derogatory language because this will not help the public in anything related to the elections50. Sr. Nyondo said there had been many complaints from the public

Letter by Chibeza Mfuni, Media Committee Chairperson â&#x20AC;&#x201C; MMD Campaign Committee to The Chairperson, Media Council of Zambia dated 22 September 2008 49 The Post, 27 September 2008 50

optc

on the conduct of the media and advised that the media should ask themselves whether they were building the nation or not. In response, however, Post Freedom Committee of The Post General Secretary chided Sr. Nyondo’s remarks arguing the paper’s comments have been based on fact and that the MMD’s complaints were misplaced as the paper was not a member of MECOZ. He advised the complainant to go to court instead. In this particular case, MECOZ would have convened an adjudication panel of its ethics committee to investigate the complaint and developed and publicised its judgment whether or not it would be complied with or accepted. This was at a time when the general public needed to hear the organisation’s position on allegations of bias in the media. On the other hand, however, MECOZ may not be blamed because after all, in the case of the MMD complaint, the complainant took the matter to court within the seven (7) days period MECOZ provides to consider a case51 after which it was difficult for MECOZ to adjudicate.

It is evident that despite a number of complaints from the public and other stakeholders regarding media conduct during the election, the Media Council (MECOZ) was unable to take advantage of this public goodwill to raise its profile by acting on various complaints and cases brought to its attention. It created little publicity for the Zambian people to use it to address their grievances during the election period. It is therefore sad that at the moment, there is very little confidence in MECOZ by Government, leading opposition party MPs and some CSOs in Zambia. MISA Zambia is, nevertheless, aware that MECOZ has tried to conduct a public awareness project in the recent past (before the unanticipated election) that went a long way in raising public awareness about the media and the need to observe 51

Personal Interview with former MECOZ Executive Secretary Beenwell Mwale; 8 April, 2009; Lusaka.

professionalism and ethics. There is evidence that there was a level of interaction between the public and the media during that particular period before the election. It is important to note, though, that MECOZ has had a myriad of challenges making it difficult to sustain its operations. Currently for example, their office has closed due to, among other reasons, lack of funding. The institution has not been able to mobilise resource to sustain its operations. Further, MECOZ has not been proactive enough to raise resources for its operations. WAY FORWARD FOR MECOZ MANDATE MISA Zambia submits that what MECOZ needs is to scale up its public awareness strategy to enable members of the general public to utilize it to address their complaints. A one off series of radio programmes is not enough to educate members of the general public about their mandate, role, programmes and activities. Further, MECOZ needs to be re-launched into an inclusive, confidence inspiring and all embracing idea that will be acceptable to all players. To this effect, MECOZ needs to lobby and engage with all media in the country in order to develop a common agenda and strategy for development. All media in Zambia are currently agreed on the need for self as opposed to statutory regulation. Although this maybe called by another name, its principles, functions and mandate will be similar. MECOZ also requires the support of all media institutions. However, there is little that could be done to coerce any media to subscribe to the self regulatory institution since this operates on the voluntary principle. Because of their voluntary nature, it is difficult to â&#x20AC;&#x2DC;forceâ&#x20AC;&#x2122; any media to belong to self regulatory media councils.

There is evidence elsewhere in Africa that self regulatory mechanisms have worked. In Tanzania, for example, the Media Council of Tanzania (MCT) is very successful in its work. There is need for MECOZ to network with the MCT and see what lessons can be learnt from there. There is also need for MECOZ to learn from other international best practices outside Africa. In order to undertake all this, there is need for financial support from all stakeholders, namely media institutions and the donor community, to finance the institution. CONCLUSION MISA Zambia reiterates our earlier position that self regulation is the way forward for Zambia as opposed to statutory regulation regardless of the evils of the profession of journalism. This is a non negotiable position of international standard. MISA Zambia calls on the government, parliamentarians and the public to support the principle of self regulation in Zambia. It is MISA Zambiaâ&#x20AC;&#x2122;s view that media freedom and the publicâ&#x20AC;&#x2122;s right to know are the cornerstones of any vibrant democracy and can therefore not be regulated through a statutory body. The thinking by some stakeholders, including some Members of Parliament is an indication that Zambian democracy is in danger. For those calling for statutory regulation, we remind them that there are available laws in the Electoral Act of 2006 that govern the media conduct during elections. For example, the Electoral Code of Conduct of 2006 under Chapter 12 sections 4 and 5 provide a channel for addressing issues of unfair treatment or coverage by the media during the course of election campaign. It provides for correction and retraction of published information in cases where misrepresentations were made. It also empowers the parties and all the players during an election to lodge in their complaints in writing to the Electoral Commission of Zambia (ECZ) to request an erring media organisation to take necessary steps to correct the misrepresentation.

What we need is enforcement of this particular law. We urge the government and the Parliamentarians to rescind their decision to support statutory regulation and allow the media to regulate itself through the Media Council of Zambia (MECOZ) or any other self regulatory mechanism so that our country can continue to be the beacon of true democracy, where divergent views are tolerated and respected as a universal right as enshrined in Article 19 of the Universal Declaration of Human Rights which protects freedom of expression and the right to hold an opinion.