The theme of this editorial is something we addressed just three editions back. We are revisiting it now because its grave implications remain unaddressed. The administration of Prime Minister Abiy Ahmed (PhD) is showing no inclination whatsoever to yank a contentious draft proclamation that threatens to reverse the positive gains for press freedom seen over the last few years. Journalists, editors, media house custodians, and representatives from CSOs as well as the state-appointed human rights commission and the office of the Ombudsman who attended a parliamentary hearing on November 20, 2024 to deliberate on the draft proclamation were left helpless and apprehensive as officials of the regulatory Ethiopian Media Authority (EMA) glossed over their fierce criticisms to the repealing of some key provisions of the existing media law and offered unconvincing excuses to justify its passage. The rush to ram through the draft has led many observers to the conclusion that the government is solely motivated by political and not, as it claims, the need to enable the Authority to discharge its duties and to promote the growth of the Ethiopian media industry.
Ethiopia’s media environment has undergone considerable changes in recent years, especially after the political reforms implemented by Prime Minister Abiy Ahmed’s administration when he took office in April 2018. Initially, there was optimism stemming from actions like the release of many imprisoned journalists and the introduction of a relatively progressive media law. However, this optimism has been undermined by various challenges. Political interference, the intimidation and arrest of journalists, the spread of misinformation, violations of media laws, and restricted access to information have all obstructed the advancement of press freedom and the ability of journalism to foster democratic practices in Ethiopia. Additionally, the ambiguous clauses within the anti-terrorism and hate speech laws, which impose severe prison sentences, along with administrative hurdles, have created a climate of fear among journalists who criticize the government. The draft law only serves to further limit the already constrained media landscape.
Enacted in 2021, the media law presently in force was drafted by a team primarily composed of independent lawyers and media professionals after it conducted a thorough assessment of the strengths and flaws of the legislation it replaced, ensuring that it conformed to the pertinent constitutional stipulations and international human rights instruments Ethiopia has ratified and integrated best practices. Finally, it was vetted by prominent experts in the field before it was submitted to Parliament for approval. A significant change it introduced was the establishment of a robust and autonomous regulatory body, whose management board consists of members chosen through a process that permits public nominations and input regarding candidates. This approach was considered essential for the authority to effectively fulfill its duty of safeguarding freedom of expression and press freedom, rights that are crucial for the realization of other fundamental human rights.
The proposed draft considerably undermines the institutional autonomy of the authority and its management board. For example, it removes the stipulation that prohibits a board member from being affiliated with or employed by a political party. Additionally, it abolishes the guideline that mandated an open and transparent process for the nomination of board members through public involvement, thereby granting the prime minister sole authority to carry out this function. Moreover, the draft takes away the board’s power to nominate EMA’s Director General as well as to issue and cancel operating licenses and bestows it on the prime minister and the Authority, respectively. It further scraps the exemption broadcasters enjoy from ensuring the legality of the content of live transmissions prior to airing. EMA officials defended these amendments as being pivotal to fill the gaps allegedly preventing EMA from duly exercising its regulatory powers granted to it under the media law.
The proposed amendments in the draft effectively place the authority under the complete control of the government, undermining a fundamental principle of the media law that asserts the Authority must operate independently and free from governmental and political party influence. This shift is likely to create a chilling effect on press freedom. The Ethiopian constitution, along with the human rights treaties to which Ethiopia is a signatory, explicitly safeguards press freedom and emphasizes that the press, as an institution, is entitled to legal protection to maintain its operational independence and ability to express a range of viewpoints. The independence of the EMA has already been compromised by the appointment of members from the ruling Prosperity Party to its board in a blatant violation of the media law. The removal of the safeguards that provide even minimal protection for press freedom is apt to have harmful repercussions.
As a media institution, we firmly believe that any parliamentary or administrative action that undermines press freedom constitutes a severe threat to the constitution. It is essential that citizens, as well as the private media, are afforded the opportunity to freely express their opinions and exercise their right to freedom of expression. Therefore, it is crucial to protect against any actions that may jeopardize press freedom. When press freedom is upheld, democracy can thrive. Furthermore, respect for press freedom promotes transparency and accountability. It also enables the development of an informed society, which is vital for advancing sustainable development. In light of the detrimental impacts of the proposed legislation, we urge Parliament again to engage in a comprehensive deliberation of the draft and to consider the legitimate concerns raised by all stakeholders lest it portends a troubling future for the media industry and the general public alike.
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