Twenty years after the Windhoek Declaration on press freedom

But <strong>the</strong> legacy of old institutional
order prevails, and bears badly on
freedom of expression and editorial
independence.
This is why it is important <strong>after</strong> 15
<strong>years</strong>, MCT has proved to <strong>the</strong> public
in practice that self-regulation is
effective in ensuring compliance
with media ethics through peer
pressure.
Self-regulation also boosts professional
standards by requiring media
houses to think about and even
develop <strong>the</strong>ir own standards of behaviour
and to institute <strong>the</strong> office
of media ombudsman in particular
outlets.
To au<strong>the</strong>nticate that self-regulation
is <strong>the</strong> professional responsibility
of journalists <strong>the</strong>mselves, Tanzania
has thus seen <strong>the</strong> codification
of standards of responsibility of
journalists, through <strong>the</strong> participation
of professional associations.
Those codes, which are reviewed over
time, focus upon explicitly accepted
principles. The first principle is
<strong>the</strong> obligation to <strong>the</strong> truth and
accountability to <strong>the</strong> public. There
is also <strong>the</strong> right to fair comment
and criticism; <strong>the</strong> need for factual,
accurate and objective reporting;
<strong>the</strong> use of fair methods to collect
news; readiness to correct mistakes;
and respect for <strong>the</strong> confidentiality
of sources.
The first-ever code of conduct in
Tanzania was drawn up in 1995
and to date has seen three revisions
to accommodate new global
and domestic moral challenges. The
current version comprehensively
delineates sub-codes with specific
responsibilities for advertisers, media
managers and editors, photographers
and video producers, and
reporters. There are also guidelines
for media owners.
In addition, specific professional
codes of conduct are developed
to guide professional reportage at
every general election. There are
also guidelines developed as <strong>the</strong>
need arises, such as around gender
reporting, court reporting, covering
people with disabilities and <strong>the</strong> like.
Globally, <strong>the</strong> drawback of such codes
of conduct is that <strong>the</strong>y are difficult
to uphold. They remain professional
codes accepted voluntarily by
journalists, but <strong>the</strong>re is no penalty
o<strong>the</strong>r than moral pressure that acts
to ensure compliance or conformity.
A case could arise that a journalist
association expels a member who
consciously breaches such a code,
but prohibiting a person from
practicing as journalist would
overstep <strong>the</strong> mandate. Likewise,
direct condemnation of journalists
over perceived flawed reportage
is sometimes unfair. In newsroom
hierarchy, decisions on newsworthy
items are usually made by editors,
senior managers or even owners.
In such circumstances a code of
ethics for journalists alone can
become relatively ineffectual. For <strong>the</strong>
MCT, <strong>the</strong>se dangers are effectively
avoided by <strong>the</strong> impeccable integrity
of its governance and arbitration
structures which bears much on
ensuring compliance with decisions
and position of <strong>the</strong> Council.
Akin to o<strong>the</strong>r voluntary councils
in <strong>the</strong> region, over-dependency
on donor funding may sometimes
hinder proper planning and independence.
However, over <strong>the</strong>
<strong>years</strong>, MCT has developed immense
credibility and respect, and
for each 10 complaints brought
to <strong>the</strong> Council, eight to nine are
resolved to <strong>the</strong> satisfaction of all
parties.
The complaints handling mechanism
requires that cases are first lodged
at <strong>the</strong> Secretariat for mediation. If
<strong>the</strong> parties fail to reconcile, <strong>the</strong>y
are free to seek remedy in <strong>the</strong>
courts of law. The case can also be
passed on to <strong>the</strong> Ethics Committee
for arbitration. The overarching
arbitration goal is reconciliatory.
The Ethics Committee is chaired by
a retired judge, and includes three
Section 1: Freedom
media members and one nonemedia
person. There is no internal
appeal process and hearing beyond
committee’s decisions. Although an
approach to a court is still permitted,
MCT’s arbitration proceedings may
not be tendered as evidence during
such legal proceedings.
While <strong>the</strong> system often orders
apologies, it can also order that <strong>the</strong>
offending media pay an amount of
money as solace and compensation
for actual costs incurred by
complainant. The sum is usually
much smaller than <strong>the</strong> amount that
would be awarded by <strong>the</strong> courts
of laws. No punitive damages are
granted by <strong>the</strong> MCT.
“After 15 <strong>years</strong> at
work, MCT has
proved to <strong>the</strong> public
in practice that
self-regulation is
effective in ensuring
compliance with
media ethics through
peer pressure.”
Beyond adjudication of complaints,
MCT conducts print media
monitoring on a daily basis and
publishes a report on <strong>the</strong> same
bi-annually. Such reports identify
professional and ethical weaknesses
and strengths and are widely shared
with all stakeholders as part of <strong>the</strong>
strategy to enhance self-regulation.
Besides this, MCT conducts rapid
response media monitoring, focusing
on ethical misconduct trends,
and immediately providing alerts to
media practitioners. This approach
to self-regulation has so far proved
to be effective as performance response
is positive and instant.
Alongside <strong>the</strong> codes, MCT considers
it significant that <strong>the</strong>re is editorial
independence so that journalists are
Media in Africa - 2011 | 77