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Sierra Leone STATE OF THE MEDIA REPORT 2015

Promoting Excellence and Professionalism in

Prof. Ritchard T. M'Bayo, Ph.D. Series Editor Sierra Leone 2015 State of the Media Report Sierra Leone State of the Media Report 2015

PROMOTING EXCELLENCE AND PROFESSIONALISM IN SIERRA LEONE JOURNALISM

PROF. RITCHARD T. M’BAYO, PH.D. Editor

A PUBLICATION OF THE MEDIA REFORM COORDINATING GROUP OF SIERRA LEONE (MRCG-SL)

Led by The Department of Mass Communication Fourah Bay College, University of Sierra Leone

With Support From UNDP

Sierra Leone

2 Sierra Leone 2015 State of the Media Report

State of the Media Report 2015

Copyright © 2015 Media Reform Coordinating Group-Sierra Leone (MRCG-SL) No. 7 Small Waterloo Street Freetown, SIERRA LEONE

Edited by: Prof. Ritchard T. M’Bayo, Ph.D.

Authors: Prof. Ritchard T. M’Bayo, Ph.D., Tonya Musa, Francis Sowa, Joseph Egbenda Kapuwa, Esq., Tanu Jalloh, Batilloi Isaac Warritay, Isaac Massaquoi, Williette PRO James, Ahmed Sahid Nasralla

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CONTENT

FOREWORD

State of the Media Report: Tracking the Media Reform Agenda in Sierra Leone Ransford Wright ...... 06

PART ONE: MEDIA LAWS AND REGULATIONS

1. Dilemma of Media Freedom and Responsibility in Sierra Leone Ritchard Tamba M’Bayo...... 08

2. Media Laws and Regulations: Review and Update on Sierra Leone’s Statutory and Self-Regulatory Models Francis Sowa and Joseph Ebenda Kapuwa ...... 16

3. Regulating Social Media in Sierra Leone: Implications for Democratic Governance and Human Rights Tonya Musa ...... 28

4. 1965 Public Order Act Cartoon: Guilty Until Proven Innocent Ahmed Sahid Nasralla – De Monk...... 31

PART TWO: MEDIA MANAGEMENT AND OWNERSHIP

5. Media Management: Sustainability and Profitability of Sierra Leone’s Media Francis Sowa ...... 32

6. Ownership and the Dynamics of Power in Sierra Leone Tanu Jalloh ...... 40

PART THREE: MEDIA ETHICS

7. Performance Responsibilities and Ethics in the Sierra Leone Media Batilloi Isaac Warritay ...... 47

8. Media Failures: Expanding the Scope of Freedom and Responsibility Ritchard Tamba M’Bayo...... 53

9. Ethical Challenges facing the Sierra Leone Media in the Fight against the Criminal Libel Law Ahmed Sahid Nasralla – De Monk...... 57

PART FOUR: MEDIA AND

10. Media and Democracy in Sierra Leone: State of the Debate Isaac Massaquoi ...... 63

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PART FIVE: MEDIA AND GENDER REPRESENTATION

11. Gender Representation in the Media: Progress, Challenges and Obstacles to Women’s Empowerment Williette PRO James ...... 69

PART SIX: MEDIA EDUCATION

12. Media Reform Agenda: Focus on Media Training and Education Ritchard Tamba M’Bayo...... 74

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Foreword

The State of the Media Report: Tracking the Media Reform Agenda in Sierra Leone

Ransford Wright Coordinator, MRCG-SL

he Media Reform Coordinating Group- As we pursue reform in these initiatives it is but Sierra Leone (MRCG-SL) came into ex- expedient that we take stock of the state of af- T istence as a recommendation of the fairs within the media sector in Sierra Leone. It National Media Strategy Document that was is against this backdrop that the MRCG-SL has formulated in 2013. The development of the included The State of the Media Report as part national media strategy for Sierra Leone was of its activities. funded by UNDP and UNESCO. This initiative was preceded by a comprehensive study to map The State of the Media Report 2015 encapsu- the capacity needs of the media sector. The lates the operations of the media in Sierra Leo- study revealed some of the major issues affect- ne. This is a “toolbox” for International and Na- ing the media in Sierra Leone, including ethical tional Scholars as well as Media Development challenges, hostile regulatory frameworks, un- Agencies. They can benefit from the compre- professionalism and financially strained media. hensive research and analysis that had been car- ried out thus informing media development in- Development within the media sector in Sierra terventions and also aiding research work. Leone has been hampered because of the unconducive environment within which the This report has been divided into six parts: (1) media operate. Fundamentally, in order to see a Media Laws and Regulations, (2) Media Man- developed media industry in Sierra Lone, strate- agement and Ownership, (3) Media Ethics, (4) gic interventions on reform must be taken. It is Media and Democracy, (5) Media and Gender against this backdrop that the MRCG-SL is pur- Representation, and (6) Media Education. suing intentional reforms in media regulation, media education and a free press amongst oth- This report highlights historical perspectives and ers. It is hoped that if these reforms are achieved relevant media theories to help us understand our vision of a credible, economically viable the current state of affairs in Sierra Leone. A and well-focused and inclusive media in Sierra review of the current laws and codes that are Leone will be achieved. used to regulate the media in Sierra Leone is catalogued and analyzed. In tracking the media reform agenda in Sierra Leone, the primary focus includes the review of Regulation on the use of social media is a topi- existing media laws to ensure that the regulatory cal issue in Sierra Leone at the moment. Hence, framework is suitable for free and responsible an assessment of public opinions on a regulated practice, improved professionalism through social media and the impact of such regulation supporting media education programs that aug- are presented in the report. ment curriculum development and high quality media training at colleges and universities, sup- The subject of sustainability and profitability of porting the development of Codes of Conduct the media in Sierra Leone is assessed in this re- for Media Practitioners that will engender self- port and the research suggests that the media in regulation and strengthening organizational ca- Sierra Leone, though sustainable, remain un- pacity of National Media Organizations. profitable.

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Media performance and responsibilities are crit- perspective of what obtains within the media ical issues that need to be evaluated when it landscape in Sierra Leone. This is also an comes to ethics with the media. The report as- attempt to track progress made so far as we pur- sesses current ethical issues against the accepted sue the media reform agenda in Sierra Leone. ethical codes of media practice. Public percep- tion of media practice in Sierra Leone is also The extensive experience and expertise of the captured together with examples of unethical Editor, Professor Ritchard M’Bayo, provided publications that inform these perceptions. the required oversight for such a rich analysis of the media sector in Sierra Leone. Professor The current status of women in the media in M’Bayo’s knowledge and experience, acquired Sierra Leone, the progress women have made so over a media career spanning for more than far, the challenges and obstacles they encounter thirty years, provided the academic prowess for are assessed in the report. In addition, recom- this work to stand the test of time. mendations on the way forward to enhancing women’s emancipation within the media are To all those who are interested in media re- outlined. search work in Sierra Leone and anyone who wants to understand the current media environ- As Chairman of the MRCG-SL, I am indebted ment in Sierra Leone, The State of the Media to all the media professionals who contributed Report 2015 is a must read. well researched articles to give a comprehensive

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Chapter One

The Dilemma of Media Freedom and Responsibility in Sierra Leone

Ritchard Tamba M’Bayo, Ph.D. Professor, Communication and Media Studies Research Scholar Department of Mass Communication Fourah Bay College, University of Sierra Leone Email: [email protected] Phone: +23278574204 +23288562258

“If there is ever to be an amelioration of the condition of mankind, philosophers, theologians, legislators, politicians and moralists will find that the regulation of the press is the most difficult, dangerous and important problem they have to resolve.” John Adams (1815)

Abstract

ation-states that opt for the democratic politi- Key Words: media freedom, media responsibility, in- cal culture must map out the role of the media dependent media, media failures N in the arena of politics as a key driver of suc- cess of this paradigm. The goal, historically, has been Introduction to create a delicate balance between media freedom and media responsibility with little or no state control. This Some two hundred years ago, John Adams, admon- has not always been an easy task. ished legislators, politicians and moralists that in the governance of the state, they will find that the regula- tion of the media is the most difficult, dangerous and However, democratic states have historically resolved important problem they have to resolve (John Adams, this conundrum with relative success, given the fact 1815). John Adams uttered these words (quoted above that media freedom and responsibility are key variables in italics) exactly 200 years ago, but they are as rele- of the legitimacy of the state. We often forget, howev- vant today as if they were said on the eve of Sierra Le- er, that the challenges of the newer states were once the one’s political independence or during our 50th Inde- bones of serious and aggravated contentions for the pendence Anniversary Celebrations. now well established consolidated democratic nations of the global community. For over 200 years, Britain and the of America, considered the most successful liberal demo- This article examines the case of Sierra Leone against cratic states, have grappled with John Adams’ admoni- the Anglo-American experiences and concludes that tion about the regulation of the press and engaged in the challenges of the media in contemporary Sierra protracted political discourse about media freedom and Leone and the often ambivalent relationship with the responsibility. Historically, all nation-states, large as state are nothing but the attendant natural growth pro- well as small, that have chosen the democratic political cess of the media. Based on this analysis, it is not un- culture have also had to reconcile media freedom and reasonable to speculate that despite the current hurdles, responsibility with the state obligation to protect both someday in the future our national constitution will within prescribed regulatory frameworks. prohibit our law makers from making laws that abridge the or the right to free expression Why the need to control the media? It is the belief in of ideas. That in the next 20 or so years, the levels of the power of the media and the perception of the press the degree of media freedom and responsibility will be as an ideological tool that drives the need for control. much higher than they are now. Paradoxically, that belief is also the reason why some people advocate for media freedom as an essential cata-

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lyst of the democratic culture. Interestingly, or perhaps governance. Media systems are, therefore, a key ba- surprisingly to most people, there is no social scientific rometer of success or failure of a truly democratic state. evidence suggesting that media messages alone can influence people’s behavior, change attitudes, or how Key Questions they think, and who to vote for. Much has already been said about the new phenomenon of social media, per- This article seeks to provide some perspective on cer- ceived as the most potent force in political campaigns, tain key questions: (1) Is Sierra Leone on the right path given the experience from the recent American presi- toward developing a relatively high degree of media dential elections. While the media in general may have freedom? (2) What are the similarities between the An- played some significant role that influenced the out- glo-American and Sierra Leonean experiences relative come of the elections, media messages were not the to the evolution of media freedom and responsibility? sole cause of defeat or victory in that election. In Sierra (3) What relevant lessons can we draw from the Anglo- Leone, the belief in the power of the media generally, American experiences that could guide our own efforts and now particularly in the potency of new media is in promoting media freedom in the socio-political con- driving the state to formulate new laws to regulate and text of Sierra Leone? These questions are based on the control social media. Yet fewer than 200,000 out of a presupposition that Britain and America are the pro- population of 7,000,000 (about 3%) Sierra Leoneans genitors of the media norms that have filtered through- are actively participating in this new phenomenon. out the contemporary world. These norms have not only become the basis of democratic politics, they are What we know for sure is that combined with other also now seen as part of the universal cultures that variables such as perceptions about the state’s ability to define freedom, development and human rights. deliver the goods (social services) – health care and education, infrastructural development, peer influence, Theoretical Framework opinion leadership, culture and other agents of sociali- zation – the media, (including social media) can exert Apart from the fact that media practitioners are tremendous impact on people’s lives and behaviors. humans, shaped and molded by the idiosyncrasies of Nonetheless, the perceived potency of the media, with nature, there are distinct professional, philosophical, or without scientific evidence, remains the most signif- and ideological principles that guide professional jour- icant factor driving the need for media control and me- nalists in the performance of their journalistic work. dia freedom in society, justifiably and unjustifiably so. These principles emphasize different aspects of the conduct of professional work depending mainly on the The chapter seeks to capture the essential elements of political culture of the society. Media studies scholars the Anglo-American experiences that have inspired and, particularly, media sociologists, continue to ex- virtually all media regulations in Sierra Leone. Why is pand the conversation beyond politics and state-media that necessary? Because the primary frames of refer- interactions. The scope of the debate about the role of ence in most conversations about media freedom in the media now includes issues such as Media and Gen- Sierra Leone are the Anglo-American experiences. der, Media and Development, Media and Conflict, etc. Although there are extant Afrocentric perspectives Media studies scholars are engaged in the singular task about the role of the media in contemporary – of trying to decipher the complexities of journalistic the development media theory – Sierra Leonean jour- performance and to explain why media practitioners nalists have adopted the Western libertarian philosophy behave the way they do. To be able to do so, they resort as the of the primary guiding principles of the to the theories of communication or formulate new ide- way the media should operate. This is inevitable be- as that attempt to provide answers about how and why cause, apart from its colonial ties with Britain, Sierra behave the way they do. Leone has also opted for a liberal democratic state, and only the libertarian philosophy is concomitant with Contrary to certain prevailing notions, the media in such a political culture. That culture insists upon the Africa, unlike their counterparts in Britain and Ameri- right of free expression of ideas, freedom of the press, ca, are neither monolithic in outlook or performance and the opinion of the people as the basis of democratic nor in philosophical or theoretical orientation. Rather, they assume two primary categorizations: (1) public

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media channels, generally consisting of state-owned dia professionals), participation at media workshops, and operated media systems; and (2) privately owned access to documents, review of relevant literature, etc. commercial media operations (M’Bayo, 2003). as valuable sources of data in the work I do. The goal, always, is to construct episodes and develop narratives This categorization of media channels defines the phil- about the media in Sierra Leone – essentially a human- osophical or theoretical orientations of the various istic approach, that seeks creative interpretations of the forms of mass communication systems. Hence, public human experience. The present work is a product of channels tend to adopt the development theory, while such endeavor. private channels lean toward the libertarian theoretical or philosophical approach. The latter (the libertarian Comparing the Anglo-American and Sierra philosophy) emphasizes the right to free expression of Leonean Experiences ideas, press freedom issues and the public’s right to know. The former (the development media theory) in- This may sound like comparing apples and oranges. sists upon the media’s obligation to work in partnership However, the similarities among the three countries with the state in pursuit of national developmental relative to the evolution of the modern media systems goals. are strikingly instructive as well as inspiring. In making this analogy, one must acknowledge that the draconian Since these are normative theories, meaning that they impulses of the state – Britain and America – far ex- simply describe or propose ideal situations (things as ceeded state repression of the media in contemporary they should be), and not things as they actually are, the Sierra Leone. What appears to be true historically is line between the two perspectives in a country like Si- that all nation-states and all political power elite, have a erra Leone is not as clearly drawn as in Britain or in the propensity for media control. What is also true, histori- United States. cally, is that in almost all cases, the emergence of polit- ical parties (political pluralism) and the rising tide of Sierra Leone is a developing country aspiring to be- democratic political culture have been the key predic- coming a consolidated democratic state. Hence, the tive factors of media freedom. This was true with the perspective of the media from the developmental phi- British and the Americans, and it is true today with losophy is as relevant as the perspective from the liber- Sierra Leone, a fledging transitional democratic state. tarian philosophy. There is an uneasy marriage between Political pluralism promotes media freedom and media these two seemingly divergent views of the media in responsibility. society, which is sometimes the source of the contro- versy about media performance and state and media The British Experience interactions. Britain, one of the great bastions of media freedom in Methodology the world today, was a dangerous place to practice journalism in the 17th and 18th centuries, where printers In a study of this kind, relying on the traditional meth- were executed for publishing materials that were per- ods of data collection may neither be useful nor ideal as ceived to be threats to state security, and where the they pose obstacles and challenges that are difficult to seeds of the draconian laws that will later spread to the overcome. Even simple surveys have their own peculi- British colonies were planted and nurtured for one pri- ar problems of validity in our own environment. It is mary purpose and one purpose alone – to control the not unusual for social scientists, faced with this predic- media – at a time when state governance was based on ament, to resort to alternative epistemological ap- authoritarian principles under the monarchical system. proaches rather than to be saddled with what I call em- In the arsenal of pernicious British legal instruments piricist predicament, the requirement to be guided for press control, and the manifestations of the hostile strictly by the rules of traditional social scientific environmental in which the media operated, were: (1) methodology. As a resident scholar, I have had to do Licensing, and (2) Prosecutions for Libel or Seditious most of my own research mainly as a participant ob- Libel. server. I have used every conversation with journalists, and with my students (many of whom are working me-

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Licensing: For example, the Crown adopted licensing the press without any knowledge of the importance as a form of and control, and as a way of of what they were doing. curbing what the authorities perceived as the excesses of the press. Nelson and Teeter (1978, p. 22) have noted that: "The House of Commons, offering a long list of reasons for Libel and Seditious Libel: And where licensing failed, its refusal to renew the Printing Act, focused on the printers were prosecuted and charged with libel or sedi- restraint of the trades as the main factor, saying nothing tious libel for merely criticizing the government or the about the principles of freedom of the press." Nonethe- King and, according to Pember (1987, 40) it did not less, whatever the motivations might have been, that even matter whether the criticism was truthful. In that decision meant "the classic instrument for press control kind of environment, truth was perceived to be more was dead in England (Nelson and Teeter, 1978, 22). dangerous than falsehood. Emergence of political parties Revoking in England Normative propositions, such as the libertarian philos- Two primary factors are often cited as reasons for the ophy, suggest a significant relationship between media British law-makers’ about face on the authoritarian freedom and responsibility and the success of a demo- tendency of media control via licensing and libel laws: cratic political culture. John Milton’s On Liberty, and (1) the growth of the media, and (2) the emergency of John Stuart Mill’s Areopagitica, remain to this day the political parties and political pluralism. most powerful and enduring classical expositions of these ideas. These propositions contributed tremen- Growth of the media dously to the change of attitude of English and Ameri- can law makers toward the media and about media Media scholars have noted that as became freedom and responsibility in a democratic state. the principal purveyors of public information, and as political parties started to emerge in the democratic Although they may appear to be far removed in time, tradition and started to mount opposition to control of distance and socio-cultural context, most arguments what was perceived as an important instrument for and conversations about media freedom and responsi- achieving and maintaining political power, the system bility in contemporary Sierra Leone and, indeed, about of control became extremely difficult to sustain the role of the media in a democratic state in general, (Siebert, Peterson and Schramm (1954, p. 22). Accord- are predicated on these normative philosophies. The ing to Dicey, in 16th and 17th centuries, the Crown arguments and struggles about media freedom have maintained absolute control over the media and al- filtered into the body politic of nations across the lowed no one to print except under special license. Un- world, often against tremendous odds and in the face of der this arrangement, printing was relegated to a select inflexible political authority. Apart from political plu- group of some ninety-seven London stationers as an ralism, civil society organizations have mounted vigor- exclusive privilege with the authority "to seize all pub- ous campaigns against media control in contemporary lications issued by outsiders (Dicey 1915, 161). It was society. about the same time that licensing, as a form of censor- ship and control, and a way of curbing the press, was Even in a fledging democratic state like Sierra Leone, adopted. It was not until 1695 that the House of Com- these ideas are now partly the drivers of the democratic mons refused to renew the Licensing Act. As Dicey culture. Media freedom and responsibility have become (1915, 162-163) explained: universal cultures, espoused by smaller as well as big- ger nation-states of the global community. Only coun- The English statesmen of 1695 neither avowed nor tries like the , , and are yet to entertained the belief that the 'free communication fully embrace these norms. of thoughts and opinion was one of the most valu- able of the rights of man.' They refused to renew the Licensing Act, and thus established freedom of

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The American Experience ical process of the evolution of media freedom. In 1791, the dilemma and ambivalence about press free- Among the key proponents of media freedom and the dom were kind of laid to rest, when Congress ratified right to free expression of ideas were John Milton the 1st Amendment to the American Constitution and (1608 - 1674), English poet and author of the classical adopted the provision that: Congress shall make no novel, Paradise Lost; John Stuart Mill (1806-1873), law…abridging the freedom of speech, or of the press.” philosopher and economist; John Locke (1632-1704), The First Amendment notwithstanding, Anglo- philosopher and founder of empiricism; John Adams American philosophers, politicians and essayist contin- (1735-1826), 2nd president of the United States; Thom- ued to propagate powerful and unremitting narratives as Jefferson (1743-18260, 3rd president of the United about the need for sustained media freedom as an in- States, and the principal drafter of the American Decla- evitable catalyst and key barometer of a viable and ration of Independence. successful democratic state.

In 1878, Thomas Jefferson echoed the sentiments of These efforts, notwithstanding, political authority in- John Adams when he said that the basis of the Ameri- termittently caused stressful moments for journalists can government was the opinion of the people, and that throughout the 19th century. For example, James Frank- “the very first object of the state was to keep that lin of the New England Courant was twice sent to jail right,” adding that: “were it left to me to decide wheth- for “belittling authority” (Nelson and Teeter, 1978); er we should have a government without newspapers or John Peter Zenger of the New York Weekly Journal, in newspapers without a government, I should not hesitate a precedent setting case served almost a year in jail for a moment to prefer the latter. But I should mean that calling Governor William Cosby “a tyrant and oppres- every man should receive those papers and be capable sor,” (Nelson and Teeter, 1978). of reading them” (Knowlton and Parsons, 1995, p. 215). The point here is that the bastions of media freedom in today’s world were not always favorably predisposed On the one hand, Jefferson was highlighting the state toward the practice of journalism. Transitional demo- commitment to protect media freedom and the right to cratic states (like Sierra Leone) are at the stage of their free expression of ideas. On the other hand, he empha- own socio-political development that require resolu- sized the need for the media to be responsible and to tions of the perennial challenges associated with media serve the interest of the people. freedom and responsibility and a delineation of the role of the media in a democratic state. Media Freedom in Jeopardy in America In today’s world, the need for media freedom is no Contemporary ideas about freedom of the press are longer just an Anglo-American philosophy and ideolo- couched upon a solid Western philosophical and ideo- gy. It is now a global phenomenon, a universal culture logical foundation and a tradition of belief, commit- and a democratic credential of the contemporary na- ment, and faith in people to make decisions about what tion-states. is good or bad for them. These ideas have not only stood the test of time; they are today the pillars of suc- The First Amendment gave a free pass to media practi- cessful democratic states. They have also become uni- tioners. But nearly 200 years later, media freedom be- versal cultures and the foundation of human rights came a troubling issues and sometimes even counter- principles – the opinion of people, the right to free ex- productive of the very ideals that prompted it, occa- pression of ideas, and press freedom – the hallmarks of sionally forcing law makers and the public to question a democratic state. whether media freedom in America was in jeopardy. The blatant abuses of press freedom rights by journal- Was media freedom (in America) ever in jeopardy? ists and American media barons like Joseph Pulitzer Although American history is punctuated with a myri- and William Randolph Hearst brought new concerns ad of glorious and significant moments in the evolution about media freedom in America, and the question was of media freedom and responsibility, the years 1791 asked whether media freedom was dead. The Hutchins and 1947 were no doubt critical junctures of the histor- Commission which was set up to investigate the prob-

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lem wasted no time and minced no words to deliver the mission (IMC), set up partly for this purpose. From the verdict. Yes, according to the Commission at the time, perspective of the state, the purpose of requiring media media freedom in America was in jeopardy. They prof- registration is to promote order and professionalism in fered three reasons why that was the case: the practice of journalism in Sierra Leone, a field that has been historically racked with controversy over per- 1. Less public participation through the channels formance and ethical/moral issues. To others, it is the of mass communication. continuing effort of the state to exercise control over 2. Failure to provide services and to meet the the media. This policy of legal control of the media needs of society. through registration was first established with the 1924 3. Engaging in practices that the public con Newspaper Ordinance under the colonial administra- demns. tion, which provided for the registration of newspapers and their proprietors. The Newspapers Act (1980) It is interesting to note that the two names associated draws from the 1924 Newspaper Ordinance, while the with the worst practices of American journalism, Jo- IMC Act of 2000 as amended, draws from the 1980 seph Pulitzer and William Randolph Hearst, are also Newspapers Act. In recent years (since independence today associated with the best American journalistic in 1961), the motives and the sources of media regula- practice, with a legacy of commitment to promoting tions that have defined state-media interactions includ- professionalism in the field and leading the effort to ed the following: clean up the profession. The Pulitzer Prize, a legacy of Joseph Pulitzer, bequeathed to the Columbia School of (1) Regime Type: Whether the state is a dictatorship, Journalism as executor, is awarded annually to journal- one-party or military regime or a democratic sys- ists for best practices of their profession. tem.

The Sierra Leone Experience: (2) State Agenda for Development: Whether the state Thorny Road to Media Freedom sees media agencies as partners in the national de- velopment agenda rather than as adversaries. In political terms, Sierra Leone is best conceived as an unfinished state, a work in progress of toward becom- (3) Mood and Temperament of Political Power Hold- ing a consolidated liberal democratic nation. As such, it ers: In 1992, the Ministry of Defense (then the De- is still mostly pre-occupied with building fundamental partment of Defense under the NPRC), unhappy and viable institutions for governance, transparency, with the way newspapers were covering the war, and accountability while reconstituting its war-ravaged denounced journalists who "were using the power political order following a protracted and savage civil of their pens and so-called freedom of expression th warfare in the last decade of the 20 century. to destroy this country." Such journalists, accord- ing the regime, were "unpatriotic writers," a per- th Hence, as a sovereign nation, and since the early 19 spective that was used as warrant for formulating century, moments after the founding of the first - Decree No. 6 which provided penalties for such paper in the country, it has grappled with the perennial behavior. question of defining the role and functions of the media in society and how the state would relate with the me- (4) The Public Interest: Public opinion and percep- dia in the context of the political cultures of the past – tions have been used as warrants for state interven- colonial administration, authoritarian regimes and mili- tion, especially persistent complains about media tary dictatorships. It is now bound to do the same in the practitioners engaging in practices which society context of the prevailing political culture – the transi- condemns as well as the general perception poor tional democratic system. professional performance.

In this regard, journalists are not licensed in Sierra Le- Current Status one and there are no prior restraint policies, but media agencies are required to obtain registration from a qua- Although it still exerts tremendous power on the direc- si-governmental agency, the Com- tion and development of media laws, the state is no

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longer the sole source of media regulation in Sierra The key players on the scene steering the ship of media Leone. What now prevails is that the state appears to freedom are the Sierra Leone Association of Journalists have strategically taken the back seat, though not an (SLAJ), the Independent Media Commission (IMC), entirely hands-off posture in media regulation. With a the Media Reform Coordinating Group of Sierra Leone relatively new and robust Communication Unit at State (MRCG-SL), and Civil Society Organizations. The House supplementing the Ministry of Information and state can no longer be the sole purveyor of media regu- Communication, the State remains to be the most pow- lations in the country. Rather, unlike the past and in the erful mass communicator than any one media agency in context of the democratic culture, any new laws per- the country. Apart from that, surrogates and sympa- taining to the media will be the product of dialogue and thizers of the state and state policies populate the media collective action by key stakeholders, with significant landscape and help propagate the state agendas. input from media practitioners. It is with this under- standing that SLAJ, acting on behalf of the professional Some of the best Sierra Leonean journalists are now media community, made a submission to the Constitu- officers (PROs) in waiting or prospec- tional Review Commission (CRC). The submission, tive state communications advisers. In an interview on essentially, requested for inclusion in the new constitu- the Sierra Leone Broadcasting Corporation (SLBC), a tion a special chapter on Media Freedom and Respon- state functionary of the Ministry of Information was sibility with provisions that protect press freedom and asked why the President does not include journalists the right to free expression of ideas. among his entourage when he attends international functions such as the United Nations General Assem- Conclusion bly? His response was that “journalists should make If the Anglo-American experiences are good indica- themselves attractive.” He was obviously not referring tions, then the degree of media freedom and responsi- to physical attraction. The interpretation was that the bility in Sierra Leone will continue to improve in the less critical a is of the government, the more years ahead. State control of the media will diminish, attractive, and the more likely to be selected as part of and technological innovation will not only make it ex- the media corps to accompany the president on his of- tremely difficult for the state to exercise control over ficial trips. the media, it will the primary factor in defining the practice of media professionalism and nature of state- media interactions. The Impact

Bibliography While there is consensus about the critical role of the media as facilitators of the democratic agenda, there is Dicey, A. V. (1915). Introduction to the study of the polarization among media professionals that comes out law of the constitution. London: Macmillan. clearly at times of controversies, conflicts and crises such as the “more time” proposal that sought the exten- Gicheru, Catherine W. (2014). The Challenges Facing Independent Newspapers in Sub-Saharan Africa. sion of tenure of the presidency, or the recently an- London: University of Oxford. nounced state austerity measures. On the one hand there are media practitioners who beat muffled drums Harriss, J., Johnson, S., et al. (2002). The complete with muted voices about certain state actions, and on reporter: Fundamentals of news gathering, writ- the other hand are those who aggressively pursue the ing and . New York: McMillan. state and state functionaries and insist upon transparen- Knowlton, S.R. and Parsons, P. R. (editors) (1995). cy and accountability in governance of the state. The journalist’s moral compass: Basic principles. Wesport, CN: Praeger. With new actors on the scene, the state is now less like- ly to promulgate draconian press laws. What it does, in M'Bayo, R. and Mogekwu, M. (2000). Political author- the absence of new and progressive regulations reflect- ity and the transformation of the Sierra Leone ing the changes in society and in the global community, press. In M’Bayo, R., Onwumechili, O and is to fall back on an ancient regulation – the 1965 Pub- Nwanko, R. N. (editors). Press and politics in Af- rica. New York: Mellen Press, pp. 107-128. lic Order Act – in dealing with perceived excesses of the media.

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M'Bayo, R. (May 5-11, 1997). Sierra Leone: The be- Mill, Stuart. (2002), On Liberty. Dover Publicatoions. leaguered press West Africa, pp. 718-719. M'Bayo, R. and Mogekwu, M. (2000). Political author- M’Bayo, R. T. and Mogekwu, M. (2000). Political ity and the transformation of the Sierra Leone authority and the transformation of the Sierra Le- press. In M'Bayo, R., Onwumechili, O and one press. In Ritchard T. M’Bayo, Chuka Nwanko, R. N. (editors). Press and politics in Af- Onwumechili, and Robert Nwankwo, editors. rica. New York: Mellen Press, pp. 107-128. Press and politics in Africa, pp. 25-42. New York: Mellen Press. M'Bayo, R. (May 5-11, 1997). Sierra Leone: The be- leaguered press. West Africa, pp. 718-719. M’Bayo, R. T., Onwumechili, C. and Nwanko, R. (2000). Press and Politics in Africa. New York: Nelson, H. L. and Teeter, D. L. (1978). Law of mass Mellen Press communications: Freedom and control of print and broadcast media. New York: Mineola. M’Bayo, R. (2014, June 6). An Introspective look at the Sierra Leone Media: Professionalism and the Public Notice No. 1 of 1998, published on 12th March 1998 as a supplement to the Sierra Leone Gazette, Public Good. Paper presented at the Annual Gen- vol. cxx, no. 13. eral Meeting of the Sierra Leone Association of Journalists (SLAJ), Makeni, June 6. Voltmer, K. (2008). Government Performance, Collec- tive Accountability, and the . Paper Milton, John. (2014). Areopagitica. CreativeSpace In- presented at the Harvard Workshop dependent Publishers. on the media, May 29-31.

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Chapter 2

Media Laws and Regulations: Review and update on Sierra Leone’s statutory and self-regulatory models

Francis Sowa Ph.D. Candidate Department of Mass Communication Fourah Bay College, University of Sierra Leone Email: [email protected] Phone: +23276866519

and

Joseph Ebenda Kapuwa, Esq. Barrister and Solicitor Part-Time Lecturer (Media Law) Department of Mass Communication Fourah Bay College, University of Sierra Leone Email: [email protected]

Abstract Constitution, Acts of Parliament and policies); Self- Regulation (Codes of Conduct/Ethics) and Quasi his article reviews the current laws and codes State/Technocratic Control (the Independent Media that are used to regulate the media in Sierra Le- Commission’s Act and Code of Practice). T one and analyses the extent to which those laws resonate with international best practices on media The current trend largely resonates with the country’s freedom, accountability and responsibility. With the long history of media regulation which dates as far use of documentary search, the article highlights the back as 1862 during the epoch of British colonial rule. constitutional, statutory and self-regulatory instruments From the colonial era to the present day, British Com- being used to regulate the country’s media. The paper mon Law generally applied to Sierra Leone. English utilises the normative theories of the press to situate the law was first introduced in the colony by an Ordinance country’s media regulatory systems. The study finds of May 29, 1862 and it provided that the laws and stat- that the different forms of regulations, which are large- utes in force in England in January 1862 should be ap- ly not codified and harmonised, pose a major challenge plied to the colony. However, no formal measures were to media practitioners in Sierra Leone. This study be- taken by the colonialists to regulate the media (only gins the process of codifying and harmonising Sierra newspaper publication at that time) throughout the Leone’s media laws and regulations. nineteenth century. But that was not the case in the twentieth century. The regulation of the media started Keywords: Normative theories, regulations, media with newspapers. The first laws regulating newspaper laws, codes, media freedom publication in the country were introduced in 1924 with the enactment of the Newspaper Ordinance. From Introduction that period to 2016, several statutes have been used to regulate the country’s media. There are more than a dozen statutes that are being used to regulate the media in Sierra Leone. They range Theoretical framework from Constitutional provisions, Acts of Parliament to Codes of Practice/Ethics. As regards some of these Throughout history, the regulation of the media has pieces of legislation, there have been no shortages of arguably been on norms and certain societal values criticisms of their application and utilisation particular- which could be understood from the normative per- ly in this twenty-first century (Sowa, 2016, p. 66). spective. A society’s normative theories concerning its own media are usually to be found in laws, regulations, Sierra Leone’s media laws and regulations take three media policies, codes of ethics and the substance of distinct approaches: State or Statutory Regulations (the public debate (McQuail, 2005, p. 15). This kind of the- Sierra Leone 2015 State of the Media Report

ory is important because it plays a part in shaping and oped out of the writings of John Milton, John Locke, legitimating media institutions and has considerable John Stuart Mill and the general philosophy of rational- influence on the expectations concerning the media that ization and natural rights. It was adopted in England are held by other social agencies and by the media’s after 1866 and later in the United States. The chief pur- own audiences. The laws, regulations and code of eth- pose was to inform, entertain, sell but chiefly to help ics are determined by the norms of the society which discover truth and to check on government (Dominick, are determined by the country’s system of governance 2002; McQuail, 2005). The theory notes that anyone (quoted in Sowa, 2016). with economic means has right to use the media, but that the media should be controlled by self-writing pro- Sierra Leone’s media laws and regulations fit into cess of the truth in the free market place of ideas. It McQuail’s descriptions above. The country’s media advocates freedom of the media, to enable the media to laws and regulations are largely shaped, influenced and serve as an instrument for checking on government and promulgated by its systems of governance, whether meeting other needs of society. This theory was a di- autocratic (colonial, one party or military) or democrat- rect opposite of authoritarianism. In Sierra Leone, be- ic regimes. Those laws or regulations are visible in the tween 1960 and l980, the clamour for press freedom national Constitution, Acts of Parliaments and Code of intensified. That cry was heard and arguably addressed Conduct/ Ethics. The laws and regulations governing by specific provisions in the Constitution of Sierra Le- Sierra Leone’s media operations can safely be placed one, Act No. 6 of 1991 dealing with the ‘obligations of under the following normative theories: Authoritarian- the ’ and guaranteeing ‘freedom of expres- ism, Libertarianism and Social Responsibility. sion and the press’.

Most of the media laws mainly take the form of author- The Social Responsibility Theory itarianism as explained below in a tabular form. The Authoritarian Theory was developed in 16th and 17th The theory, developed in the United States of America Century England during the absolute power of the in the 20th Century out of the writings of the Hutchins monarch, his government or both. The purpose was to Commission of Enquiry on Freedom of the Press, pro- support and advance the policies of the government in vides that the media should be free, but self-regulatory power and to service the state. The media were con- or regulated and should follow agreed codes of ethics trolled by government patents, guilds, licensing and and professional conduct. The theory incorporates part sometimes censorship. Criticism of the political ma- of the original libertarian approach but introduces some chinery and the officials in power was forbidden and new elements as well. This approach holds that the the ownership could either be private or public. In es- press has a right to criticise government and other insti- sence, it was an instrument to effect government’s pol- tutions, but it also has a responsibility to preserve de- icy though not necessarily government owned mocracy by properly informing the public and by re- (Dominick, 2002). The theory established that state sponding to society’s needs and interests. The press authorities instituted mechanisms that forced the press does not have the freedom to do as it pleases; it is to be subjected to the dictates of the powers. For exam- obliged to respond to society’s requirements” ple, the Tudor Systems of Censorship in Great Britain (Dominick, 2002, p. 466). The press was to seek and forced the press to operate within so called ‘mandates’ uphold the truth in its reporting. The country’s media of the state. In most African countries colonised by sector responded to the attributes of the social respon- Britain, including Sierra Leone, authoritarianism was sibility theory with the development of the Sierra Leo- practised through the initial subjection of the media to ne Association of Journalists (SLAJ) Code of Ethics. the dictates of the British. The practice by then was that The Independent Media Commission (IMC) Act, 2000 laws and policies in England be applied to the colo- as amended in 2006 and 2007, and Code of Practice, nised countries. It was, and still is, a practice in some 2007 also outline the rules and regulations and ethical countries, including Sierra Leone, to find criminal and guidelines on the practice of journalism in the country. seditious libel laws in their law books. The country’s press was subjected to stringent rules and regulations What are Sierra Leone’s media laws and regula- regarding their registrations and operations as evident tions? in, for example, the Newspaper Ordinance, 1924, the Newspapers Act, 1980 and the NPRC Decree and For the purpose of this article, media laws and regula- Guidelines in 1992. tions refer to constitutional provisions, specific Acts of Parliament and other Acts containing sections relating The Libertarian Theory to or dealing with the media's operations, the Common Law, Codes of Practice/Conduct/Ethics, past military The clamour for press freedom is very old. It has its decrees, policies and other guidelines used to regulate root in the Libertarian Theory. The theory was devel- the media in Sierra Leone.

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Table 1: Statutory and self-regulatory frameworks in their chronological manner

No. Statutes/ Laws/ other Brief description of the laws/other Regime Type Current Sta- Codes of Prac- regulations regulations tus tice by year 1. Newspapers 1924 “An Ordinance to provide for the Reg- Authoritarian The Newspaper Ordinance istration of Newspapers and their Pro- Ordinance prietors and for the printing on News- 1924 found in It is Cap. 111 papers of the Names of the Printers.” the Laws of in the Laws of Sierra Leone, Sierra Leone, 1960 was 19601 amended by the Newspaper Act (Cap 111) 1980. The Newspaper Act (Cap 111) 1980 was subse- quently re- pealed by the IMC Act, 2000. 2. Undesirable 1939 “An Ordinance to prohibit the Impor- Authoritarian Still in Sierra Publications tation and Publication of Undesirable Leone’s statute Literature.” It empowers the Gover- books It is Cap. 113 nor/President of the Republic of Sierra in the Laws of Leone to prohibit the importation of Sierra Leone, any publication, which in his opinion, 1960 contravenes the public’s interest. 3. Undesirable 1960. The Ordinance prohibits advertise- Authoritarian Still in Sierra Advertisement ments relating to the promotion of Leone’s statute Ordinance- certain medicines and the cure of cer- books Cap 114 in the tain diseases. Laws of Sierra Leone, 1960 4. Sedition Act 1960 In Sierra Leone the law as regard false Authoritarian Repealed by Cap. 29/ Sedi- statements and seditious libel had its the Public Or- tion Act origin with the advent of colonial rule der Act, No. 46 Chapter 21 of in the country. of 1991. the Laws of Sierra Leone The Seditious libel offences were en- acted under the provisions of the Pub- lic Order Act No. 46 of 1991. (Yada Williams & Associates)

1 The Laws of Sierra Leone, 1960 constitute a set of ordinances (colonial statutes) that were not passed by the Sierra Leone Parliament. They were laws that were passed in England, but they were specifically adopted to be part of Sierra Leone’s existing laws. Caps 113 & 114 constitute a constituent part of the said adopted laws. These colonial statutes are still in Sierra Leone’s statute books (Binneh-Kamara, 2007). Sierra Leone 2015 State of the Media Report

5. of 1961 It is “An Ordinance to Amend the Enacted during Still in Sierra Ordination- Law elating to Libel and Slander and an authoritarian Leone’s statute Act No. 32 other Malicious Falsehood”. It deals era, but shares books with the Civil aspect of defamation democratic from sections 1- 16 and in the Sched- ideals. ule (Parts 1 and 11). 6. The Treason 1963 The Treason and State Offences Act, Authoritarian Still in Sierra and State Of- 1963, contains relevant provisions Leone’s statute fences Act relating to the non-availability of state books secret or official information to the public. Sections 7 (1) (b) seeks to pun- ish the wrongful use of information for the benefit of an external power which the information is considered to be prejudicial to the safety and securi- ty of the State (Binneh-Kamara, 2007.

7. Criminal Libel 1965 It is an “Act to Consolidate and Authoritarian Still in Sierra - The Public Amend the Law Relating to Public Leone’s statute Order Act (No. Order”, but has sections dealing with books 46). media regulation. The whole of Part V of the Act- Defamatory and Seditious Libel Defamation-deals with media regulation.

Sections 26 deals with ‘Knowingly publishing a false defamatory libel and 27 deals with ‘Defamatory libel’.

Sections 28 to 31 deal with defences. 8. Publication of 1965 Section 32 deals with publication of Authoritarian Still in Sierra False News- false news. Leone’s statute The Public books Order Act (No. 46) 9. Seditious Li- 1965 Sections 33, 34, 35 and 36 deal with Authoritarian Still in Sierra bel- The Public Seditious Libel. Leone’s statute Order Act (No. Section 37 deals with Interpretation books 46) 10. Constitution of 1978 Although the one-party, 1978 Consti- Authoritarian Repealed by Sierra Leone, tution made provisions for the protec- section 190 of Act No. 12 tion of freedom of expression, includ- the Constitu- (One Party ing the freedom the freedom to impart tion of Sierra Constitution) ideas and information, it also made Leone, Act. 6 provision for the authorities to adopt of 1991 preemptive regulations which tended to curtail such information (Sierra Leone Government, 1978 in M’Bayo and Mogekwu, 2000). 11. The Newspaper 1980. It contained “The Newspapers Regis- Authoritarian Repealed pur- Act -Cap 111 tration Rules, 1980.” It amended the suant to section Newspapers Ordinance Cap 111 of 35 of the IMC

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1960 and provides guidelines for the Act, 2000. registration of the media institutions. 12. The Economic 1987 The regulations stipulated that journal- Authoritarian No longer in Emergency ists, and newspapers editors and pub- force Regulations lishers shall be guilty of an offence and liable to imprisonment of up to five years for publication of “false statements” and “injurious to Sierra Leone and the government of Sierra Leone (M’Bayo and Mogekwu, 2000). 13. Constitution of 1991 Sections 11 deals with the ‘Obliga- Democratic- Still in force. Sierra Leone- tions of the mass media, and 25 deals Libertarian Note: The 1991 Freedom of with ‘Protection of freedom of expres- Constitution is Expression and sion and the press’. being reviewed of the Press by the Consti- tutional Re- view Commit- tee. 14. Constitution of 1991 Section 29 of the 1991 Constitution of Democratic- Still in force Sierra Leone- Sierra Leone. Media practitioners, but has authori- Public Emer- under a state of public emergency, tarian tenets gency Law cannot enjoy their right to freedom of expression and of the press, as they may be prevented from publishing stories which may undermine state security (Binneh-Kamara, 2007). 15. Constitution of 1991 Sections 95 and 96- The law on Con- Democratic- Still in force Sierra Leone - tempt of Parliament restricts the right Libertarian Law of Con- of freedom of expression and of the tempt of Par- press as it seeks to maintain the integ- liament rity and dignity of Parliament.

16. Decree No. 6 1992 According to the Decree: “Any person Authoritarian No longer in who publishes any report or statement force which is likely to cause alarm or de- spondency or be prejudicial to the public safety, public tranquility or the maintenance of public order, shall be guilty of an offence and liable on summary conviction. (NPRC, 1992a).

17. NPRC Warn- 1992 In November 1992, the NPRC took Authoritarian No longer in ing to Journal- out a full-page advertisement in se- force ist/ Public No- lected local newspapers with a glaring tice headline that warned journalists to “Stop Inciting through Writing,” or face the consequences. The adver- tisement from the Department of De- fense was labeled “Public Notice” (NPRC, 1992b.) 18. Guidelines for 1992 The “Guidelines” the second NPRC Authoritarian No longer in Newspapers newspaper regulation since April force

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Registration 1992, turned out to be perhaps more stifling than press regulations of pre- vious administrations. Under the new rules, newspapers were required to meet financial, academic, and profes- sional/ practical experience stipulations (NPRC, 1993). 19. The Interna- 1995 Article 19 (1) and (2)- It provides for Democratic- Still in force tional Cove- enjoyment of freedom expression and Libertarian nant on Civil of the press and the re- and Political strictions/limitations to the said free- Rights dom. The ICCPR is part of Sierra Le- one’s law. It was domesticated in 1996. 20. Tejan Kabbah 1998 According to the new regulations “No Democratic- No longer in Administration person shall publish any report or but shares Au- force Public Notice statement which is likely to cause thoritarian ten- No. 1. alarm or despondency or be preju- ets. diced to the public safety, the public tranquility or the maintenance of pub- lic order (M’Bayo and Mogekwu, 2000). 21. The Independ- 2000 as The entire Act deals with media regu- Democratic- Still in force ent Media amended in lation. It among other things establish- Libertarian (currently un- Commission 2006 and 2007 es guidelines for the establishment and /Social Re- der review) (IMC) Act operations of media institutions in sponsibility Sierra Leone. 22. Sierra Leone 2000 The entire Code deals with media reg- Democratic- Still in force Association of ulation. Social Respon- (currently un- Journalists sibility der review) Code of Ethics 23. Pharmacy and 2001 Section 35 deals with “prohibition of Democratic- Still in force Drugs Act publishing in relation to any drug de- scriptive”. It prohibits advertisement and publication in relation to certain descriptive drug or service. These include advertisement or publication on preventing or treating diseases specified in the Second Schedule; terminating or influencing the cause of human pregnancy or for any purpose relating to sexual intercourse. 24. The Telecom- 2006 Almost the entire Act, but has specific Democratic Still in force munications regulations for the electronic media in Act Sections 64-66, and 70-72. It mostly deals with the acquisition and use of broadcast frequencies and penalties for defaults. 25. The Child 2007 Specifically section 82, but contains Democratic Still in force Rights Act other relevant sections 26. The Media 2007 The entire Code deals with media reg- Democratic Still in force

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Code of Prac- ulation. It contains ethical principles (currently be- tice media institutions and practitioners ing reviewed) must adhere to. 27. The Law on Common The common law also prohibits media Democratic Still in use Contempt of Law practitioners from expressing opinions Court on matters that are yet to be decided by the court. (Binneh-Kamara, 2007) 28. The Anti- 2008 Section 74 ( Unlawful disclosure of Democratic Still in Sierra Corruption investigation), 81 ( Protection of in- Leone’s statute Commission formers) and 86 ( Penalty for false books Act report). 29. Sierra Leone 2010 Being an Act to establish the Sierra Democratic Still in force Broadcasting Leone Broadcasting Corporation and Corporation to provide for other related matters.

Act The law regulates the public service broadcaster. 30. The Copyright 2011 “An Act to provide for the protection Democratic Still in force Act of copyright in Sierra Leone and for other related matters.” All sections. 31. The Sexual 2012 Sections 26 ( Producing and distrib- Democratic Still in force Offences Act uting child pornography) and 41 (Ban on publication of information identifying a person who is a victim of a sexual offence ) 32. The Right to 2013 “Being an Act to provide for the dis- Democratic Still in force Access Infor- closure of information mation Law held by public authorities or by per- sons providing services for them and to provide for other related matters.”

The research found out that the thirty-two (32) documents Commission Code of Practice, 2007. There are frequent above (Acts/Codes/Decree/Guidelines) directly or indi- references to the Constitution of Sierra Leone, Act No. 6 rectly deal with media regulations in Sierra Leone. The of 1991 particularly section 25 subsections (1) and (2) and table shows that four of those laws had been repealed. The section 95 respectively dealing with freedom of expres- table further shows that seven out of the eight pieces of sion and of the press and contempt of parliament. legislation and regulations with media related provisions passed and applied in Sierra Leone between 1924 and Some of the laws in the table resonate with M’Bayo and 1965 are still in the country’s statute books. Five other Mogekwu (2000) assertion that contemporary press laws sets of laws, including regulations, decrees, and guide- in Sierra Leone are the products of the archaic and ancient lines were “no longer in use”. Those regulations, guide- statutes of Britain. But while, England and the attitude of lines and decrees were instituted by the respective gov- English statesmen toward the press have changed consid- ernments at particular points in time to address particular erably, political authority in Sierra Leone still views the issues. Additional sixteen media laws and regulations are press through the prism of outdated English laws. “still in force” meaning that their provisions are being Nyamnjoh (2005) puts it this way: African journalists are applied or can be applied. The extent to which all of those thus called upon to operate in a world where everything laws are being used is a subject matter of another article. has been predefined for them by others, where they are However, a cursory look at them shows that the frequent- meant to implement and hardly ever to think or rethink…. ly used ones are the criminal, seditious and false publica- Nicol-Wilson and Perzyna (2008) concur that “the root of tion provisions, all in the Public Order Act of 1965 and criminal defamation laws lies in Africa’s colonial history” the Independent Media Commission (IMC) Act, 2000 as (p.14). amended in 2006 and 2007 and the Independent Media

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Table 2: Specific Acts containing Media Laws and Regulations that are still in force

No. Media Laws/Regulations Year 1. Undesirable Publications. It is Cap 113 in the Laws of Sierra Leone, 1939 1960

2. Undesirable Advertisement Ordinance- Cap 114 in the Laws of Sierra 1960 Leone, 1960 3. Defamation Ordination- Act No. 32 1961 4. The Independent Media Commission (IMC) Act No. 12 of 2000 as 2000 as amended in 2006 amended. and 2007 5. Sierra Leone Broadcasting Corporation Act 2010 6. The Law on Contempt of Court Common Law (the law is found in judgments made by the court- judge made laws)

Table 3: Other Statutes (Acts of Parliament) relating to media regulation that are still in force

No. Other Statutes (Acts of Parliament) with laws relating to media regula- Year tion 1. The Treason and State Offences Act 1963 2. Criminal Libel - The Public Order Act (No. 46). 1965 3. Publication of False News- The Public Order Act (No. 46) 1965 4. Seditious Libel- The Public Order Act (No. 46) 1965 5. Constitution of Sierra Leone- Freedom of Expression and of the Press 1991 6. Constitution of Sierra Leone- Public Emergency Law 1991 7. Constitution of Sierra Leone - Law of Contempt of Parliament 1991 8. The International Covenant on Civil and Political Rights of 1966. (It is part of 1995 Sierra Leone’s law. It was domesticated in 1996). 9. Pharmacy and Drugs Act, 2001 10. The Telecommunications Act of 2006 2006 11. The Child Rights Act 2007 12. The Anti-Corruption Commission Act 2008 13. The Copyright Act 2011 14. The Sexual Offences Act 2012 15. The Right to Access Information Law 2013

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Table 4: Codes dealing with media regulation that are still in force.

No. Codes Year

1. Code of Ethics of the Sierra Leone Association of Journalists 2000

2. The Media Code of Practice 2007

The tables above show that media laws in Sierra Leone are public order, public safety, public defence or public are not codified or harmonised. This is the reason why morality. An action will lie once it is established by the this article has responded to the call of codifying the Attorney General’s Office that the defamatory publication country’s media laws. Over the years, each successive in fact undermines or tends to undermine State Authority. government has tabled one form of legislation or another It would appear that a plea of justification for public to restrict the right of free speech exercised through the good/interest is the most suitable for journalists in so far Mass Media (Cole, 1998 p. 1). In the words of M’Bayo as publication of defamatory matter is concerned on the and Mogekwu (2000), from colonial times to the present, assumption that such plea is heard by a competent and whenever the government was unhappy with the press, it independent court. adopted a heavy-handed method through the use of re- strictive regulations, the instruments of political authority, The provisions of Part 5 of the Public Order Act particu- in curbing the press. If there is one thing in common larly sections 26, 27 and 28 appear to undermine the pro- among the various administrations that have governed visions of sections 11 and 25 of the constitution of Sierra Sierra Leone, from the colonial era to the present, civilian Leone Act No.6 of 1991 which establish protection of or military administration, it is their attitude toward the freedom of expression and of the press including “free- press as expressed in the various press regulations. dom to hold opinions and to receive and impart ideas and information without interference…”. The 1965 Public Analyses of Key Laws- J. Kapuwa Esq. Order Act (a substantial extraction from the U.K Libel The Public Order Act – 1965 Act 1843 when it existed) is widely considered to be dra- conian and out of tune with the tenets of fundamental hu- Pursuant to Part 5 of the Public Order Act (POA) No.46 man rights. The fact that journalists are more often still of 1965, defamatory libel (publication of a false and de- faced with the threat of incarceration for publishing de- rogatory statement about another person exposing him to famatory matters makes the POA archaic, redundant and hatred, ridicule or contempt or which causes him to be empty of purpose in this day and age. But again the law is shunned or avoided or which has a tendency to injure him the law. The disturbing rise in ‘hate’ speech on social in his office, profession or trade without lawful justifica- networks and the seeming inability to regulate the trend tion), is a crime, the essence of which is the danger to the means criminal defamation may appear to have a valuable public peace. role to play. What is ironic though is that criminal prose- cution does not seek to repair the injury an individual or Specifically, sections 26 and 27 of the POA relate to crim- state may have suffered. “But if in a defamatory matter inal libel, while seditious intent is established pursuant to there is recognition of a tort liability, then the objective of section 33 of the Act. For section 26 to be committed the prosecution is to compensate the victim through rea- there has to be evidence of knowledge of the defamatory sonable payment or order some other mode of reprimand publication. In other words, the prosecution must prove a consistent with democratic tenets, rather than subject the significant element beyond reasonable doubt; that the wrongdoer to imprisonment when the constitution has publisher, at the material time of publication, knew about already prohibited degrading treatment” (Jamiru, 2016). the defamatory nature of the matter. No such element of proof of knowledge is required under section 27. Proof of Freedom of expression means that the health of the demo- the falsity of the publication suffices. cratic political system depends on the efficient, accurate, and complete transmission of social, political, and cultural Pursuant to section 28, the defence of truth alone does not information in society; that the media are the conduits of absolve the publisher of responsibility unless the publish- this information and should act in the public interest; er can establish that the public interest was served by pub- however, journalists have increasingly been unable to lication of the matter. This notwithstanding, it is a defence fulfil this role due to increased fear of incarceration aris- to an action for libel (1) that there was no publication; (2) ing from the provisions of Part 5 of the POA. This un- that the words used were incapable of a defamatory mean- dermines free speech pursuant to the 1991 constitution ing; (3) that the words used were true in substance and in and by extension, democracy. fact (justification) and for public good; (4) that the publi- cation was privileged. What Section 33 seeks to preserve

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Contempt of Parliament 2) July 2013-Independent Observer Editor Jonathan Leigh was detained and denied bail on allegations of Further, there is the question as to where to draw the line libel by Momoh Konte. The case was taken out of between basic human dignity and the right to know. court and settled on the intervention of the President Premature disclosure of information constitutes an of- of SLAJ. fence under certain provisions no matter the relevance of the information. Some journalists have been summoned 3) July 2013-Independent Observer Editor Jonathan before Parliament for breach of Parliamentary Standing Leigh was detained on allegations of contempt of Order (S.O.) 75 which provides that evidence not taken in court for writing an article critical of the . public, and Committee documents and submissions not authorised for publication, are not to be disclosed before 4) Sept 3, 2013-Newspaper Editor Labor Fofanah spent they are reported to Parliament. Any violation may 3 nights in prison after an article on employee bene- amount to contempt of parliament pursuant to section 95 fits involving Political Affairs Minister Kemoh of the constitution. Sesay. The case was settled out of court after inter- vention by SLAJ president. The Independent Media Commission 5) October 2013 - Independent Observer Editors Jona- The Independent Media Commission Act No.12 of 2000 than Leigh and Baibai Sesay were arrested and de- as amended is deemed to play a significant role in regulat- tained at the CID from 18th to 25th October after pub- ing the media and media practitioners. Its statutory Code lishing an article critical of President Koroma. They of Practice captures cardinal ethical issues in media prac- were then taken to court and remanded in prison. In tice which if strengthened will render the Commission a March 2014 they were convicted on one count of viable regulatory entity. Though the Act does not specifi- criminal libel, cautioned and discharged. cally provide for it, there are concerns that the Commis- sion is largely controlled by government especially in 6) January 2014 – Monologue presenter David Tam matters of critical decision making. This however contra- Baryoh was arrested for seditious libel and released dicts section 3 of the Act which provides that the Com- on bail. His program monologue was banned for two mission “shall not be subject to direction or control of any months on State house instructions to the Independ- person or authority in the performance of its functions.” ent Media Commission. Thus, the Commission, in my view, will function well if certain provisions dealing with the appointment of the 7) August 2014 – Politico Newspaper reporter Phidelia Commissioners including the Chairman and other areas Alie arrested on contempt of court by a Military are amended. To inspire public confidence, it has been Court martial. She spent 2 nights in prison. suggested that the power to appoint the Chairman and other Commissioners should not rest with the President, 8) November 2014-Eagle Radio and Monologue pre- and that penalties for violation of the Code of Practice senter David Tam Baryoh was jailed for 11 days should be revisited. Fines ranging from One Million to without charge under Ebola Emergency Regulations. Five Million Leones for serious violations of the Code appear ridiculous and account for the accelerated rate at 9) August 2015– Monologue program was suspended by which aggrieved parties seek criminal prosecution. Where the Independent Media Commission pending investi- the IMC Act is strengthened such as to allow it to be the gations on infringement on national security and in- first call for redress, and where the Commission enhances citing violence. its independence, integrity and powers to enforce its deci- sions, public confidence is highly likely to be reposed in 10) December 2015 – Independent Observer Editor Jona- the Commission. than Leigh arrested on 17th December and detained for 3 nights before being taken to court on orders of Inspector General of Police for an headline “2 dead” Recent Cases on Criminal and Seditious Libel, on Kono election violence. Contempt of Parliament and the IMC Act and Code2 11) December 2015 – Salone Times Thomas Dixon and 1) May 2013 - Prime Times Editor Ibrahim Samoura 98.1 FM Asmaa James were summoned to parliament and Publisher Kasho Holland Cole were remanded in for premature publication of evidence before Appro- prison for several days on allegations of libel against priations Committee. The matter was resolved after a Freetown Lawyer. They were released and the case apology tendered by SLAJ President. taken out of court as a consequence of negotiations by SLAJ President. 12) May 2016 – Freelancer Hassan Bruz arraigned before court on charges of criminal libel brought by a Mem- ber of Parliament.

2 Extracted from the statement by the President of SLAJ, Mr. Kelvin Lewis at the Association’s Triennial in Bo, 2016. 25

Sierra Leone 2015 State of the Media Report

13) Pastor Mohamed Sesay – contempt of court – re- damages for whatever level of injury to the reputation of leased after intervention of SLAJ President others by the media. More often than not, the premium is weighed along the risks or potential risks for such media 14) Theophilus Gbenda – arrested and detained for sedi- house to defame others. This does not hold same for Sier- tious libel of Vice President Samsumana through a ra Leone and it remains a serious challenge to the repeal broadcast over land in the Peninsula – released after process. Most press houses, it would appear, cannot afford intervention by the SLAJ President retaining insurance companies.

15) Theophilus Gbenda – arrested for posting WhatsApp The above factors played a crucial role in the repeal of message that Dr Russel had Ebola– released after in- criminal libel in Britain and other jurisdictions. These pre- tervention by SLAJ President requisites, sandwiched by sustained local and internation- al lobbying, are highly likely to accelerate the call for the In conclusion, the growth of the legal framework in Sierra repeal of criminal and seditious libel laws in Sierra Leone. Leone is painfully slow. Whereas the country has a good Otherwise the likelihood for Government to repeal the number of its laws patterned along those of its colonial law on the mere basis of the Freedom of Expression or master, Britain, the political will to have those laws re- Media Freedom yardstick as a fundamental right, is only pealed and/or amended to reflect the dynamic trend of the as feasible as two left shoes. In fact, that would be a sim- modern world appears non-existent. The Criminal Proce- plistic solution underlying a very complex problem. dure Act of 1965, The Airports (Service Charges) Act, 1965, The Courts Act, 1965, and The Public Order Act, 1965, among others, have all remained part of our laws References with little or no amendments or repeals. These same laws, drafted from the British model, have all been repealed in Binneh-Kamara, A. (2007). The legislative and regula- Britain. Such is the pace of amendments in Sierra Leone tory context of the media in Sierra Leone. Free- that hope for any repeal is often dashed. town: Unpublished. Binneh-Kamara, A. (2010). The regulatory and legis- Further, the force of events that necessitated the repeal of lative context of the media in Sierra Leone. M. the Criminal Libel Laws in Britain and other jurisdictions phil Thesis, FBC. Freetown: Unpublished are practically the same – viz respect for Freedom of Ex- Cole, B. (1995). Mass media, freedom and democracy pression as a fundamental human right which has been in Sierra Leone. Freetown: Premier Publishing universally adopted and arguably domesticated in the con- House. stitutions of most countries. The realisation that the me- dia, as a public watch dog, was crucial in exposing the Cole, Joseph O. D (1998). The Law and the Media in excesses of public officials and holding them to account Sierra Leone. Accra: The West Foundation for to the people also contributed to the call for media practi- West Africa. tioners to pay fines and not to run jail terms for publishing Dominick, J. (2002). The dynamics of mass communi- inaccurate information. Similar calls have been made in cation- media in the digital age. New York: Sierra Leone. McGraw-Hill Companies Government of Sierra Leone (1991). The Constitution It would appear that a fundamental factor for the snail- of Sierra Leone, Act. No. 6 of 1991. Freetown: pace approach to repealing the criminal libel laws in Government Printing Press Sierra Leone is the capacity and/or orientation or the lack Government of Sierra Leone (1961) Defamation Ordi- of it/them of most media practitioners. A good number of nance, 1961. Freetown. the practitioners in my view are school leavers whose Government of Sierra Leone (1980) Newspaper depth for and love for the profes- Amendment Act, 1980. Freetown sion remain shallow. Efforts to delay stories if only to get Government of Sierra Leone (1960). Laws of Sierra all sides and report accurately and fairly remain problem- Leone, 1960. Freetown. atic. This, I would think, accounts for the level of ‘reck- Independent Media Commission (2007). Media Code lessness’ in the profession. of Practice. Freetown: Reffo Printing Jamiru J. (2016): Criminal Libel in Sierra Leone – Additionally, the style of journalism in Sierra Leone ap- Canvassing a case for abolition: A paper presented pears disjointed in my view. ’House Rules’ which are at a seminar organised by SLAJ on the repeal of basic operational guidelines to media houses are yet to be introduced by the professional association. The effect is the criminal libel laws. that every media house or journalist is left to determine M’Bayo, Ritchard T. and Mogekwu, Matt. (2000) “Po- what goes into their publications and how. litical Authority and the Transformation of the Si- erra Leone Press”. In. Press and Politics in Afri- The issue of insurance premium further begs for attention. ca. New York: Edwin Mellen Press. In other jurisdictions like Nigeria, media houses had to McQuail, Denis (2005). McQuail’s Mass Communica- step up insurance bodies to guarantee their ability to pay tion Theory. Los Angeles: Sage Publications 26

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Nyamnjoh, Francis B. (2005).‘Journalism in Africa, Government Printing Press: Freetown. Sierra Leone’s Africa in Journalism’, In The Rhodes Journalism Parliament, (2000). The Truth and Reconciliation Review, No. 25, November 2005. Also available at Commission Act, 2000. http://www.Codesria.org// Accessed: 20th Decem- Government Printing Press, Freetown. ber, 2009. Sierra Leone’s Parliament, (2007). The Child Rights Nicol-Wilson, Melron C. & Perzyna, Maggie (2008). Act, 2007. Freetown: Government Criminalization of Freedom of Expression in Si- Printing Press erra Leone: Time for Change, Freetown: Reffo Sowa, F. (2016). The Evolution of Media Laws And Printing Regulations In Sierra Leone: Impact on Media Sierra Leone’s Parliament (2000). The Independent Growth and Development In Journal of Commu- Media Commission Act, 2000. nication and Media Research Vol. 8 No. 1, April, 2016

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Chapter Three

State Regulation of Social Media in Sierra Leone: Implications for Democratic Governance and Human Rights

Tonya Musa Ph.D. Candidate and Acting Head Department of Mass Communication Fourah Bay College, University of Sierra Leone Email: [email protected] Phone: +23276507160

Abstract breaching Part 5 of the Public Order Act. Most often, negative publications about the state, state policies or n 2018, Sierra Leone will once again face a major about state functionaries have been used as warrants for test of its democratic credential with impending gen- the arrest and incarceration of journalists, leading to a I eral and presidential elections. Already, the socio- disturbing climate for the exercise of press freedom. Un- political environment is fraught with challenges that have der this Act, an individual was arrested and prosecuted for implications for public perception and the electoral pro- publishing defamatory information about President Ernest cess itself. For example, there are serious concerns about Bai Koroma on social media. the increasing number of incidents of police brutality across the country and the intractable level of corruption It is against this background that the Sierra Leone Associ- among public officials. Equally contentious is the state’s ation of Journalists (SLAJ) has teamed up with civil so- declared intention, through state functionaries, to regulate ciety organizations and called for a repeal of the Criminal social media even without a clear understanding of the Libel laws. As the nation gets closer to the 2018 elections, necessary legal framework and general implications for police brutality is on the increase as the state moves to this proposed state action. This article is an exploratory averts threats to the fragile democracy, maintain peace study aimed at assessing public opinion about a regulated and law and order. social media infrastructure and the impact of such regula- tion on emerging issues of public interest such as the elec- But while the state is grappling with issues of public order toral process, police brutality, etc. etc. at home, an emerging phenomenon – social media – may even pose a more serious challenge locally as well as be- The Socio-Political Context to Regulate yond the borders of the country. Social Media The power of social media as a platform for mobilizing Sierra Leone is still consolidating peace and democracy citizens and public opinion about issues of public interest after eleven years of civil war (1991-2002). Two political has been amply demonstrated in a number of recent con- parties have governed the nation after the war. The Sierra troversial issues. For example, the protest marches in Leone Peoples Party (SLPP) ruled from 2002 to 2007 front of the White House at Lafaytee Park in Washington, under the leadership of Ahmed Tejan Kabbah. The SLPP D.C., and at an No. 10 Downning Street in London was succeeded by the All Peoples Congress (APC) led by against President Ernest Bai Koroma during his US visit Ernest Bai Koroma who again won the 2012 Presidential to attend the General Assembly were allegedly organized elections. The process of consolidating peace and democ- with the help of Youtube racy has considered citizen participation in governance to (www.pcworld.com/article/2920352). foster transparency and accountability. Former CEO of the National Ebola Response Centre, and In this light, freedom of expression and the media remain now Minister of Alfred Palo Conteh, complained in Janu- unquestionable to increase or protect mass participation. ary 2016 about social media posts containing incorrect The 1991 Constitution guarantees freedom of expression information about the fight to eradicate the Ebola virus in and the media in Sierra Leone. The constitution also pro- the country. In that regard, government spokesman vides that the media should hold state functionaries ac- Abdulai Baraytay confirmed in a radio interview in March countable in discharging their functions. But freedom of that there were plans to regulate social media in the coun- expression is not absolute as provided in sub section 25(2) try. Further legal measures have allegedly been instituted of the same constitution in order to protect people’s priva- to address the problems of social media. cy, national interest, national security, public morality and public safety. Furthermore, Part 5 of the Public Order Act, The laws of defamation and libel apply equally to social 1965 incriminates free speech and opinion. The critical media as they do to in cases of false or issue has been the arrest and detention of journalists for malicious publications.

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Furthermore, a consultative meeting was held on the 29th afraid social media will serve as the platform on which September 2016 at the Bintumani Hotel by the National social order is destroyed”. Telecommunication Commission (NATCOM) in collabo- ration with the Ministry of Information and Communica- Functions of Social Media tion to address the public on the negative use of social media. The meeting brought together telecommunication The Internet is now a more common source of infor- consumers and regulators to discuss ways of implement- mation for young people than newspapers, radio and tel- ing civic education on the positive use of social media. evision. It has increased access to information tremen- dously and changed the way the public now consumes Social Media as a Democratic Platform news. Social media, as part of the Internet, have revolu- tionized public communication. Social media have become the top source of political dis- cussion about politicians, political and socio-economic, Social media is not exempted from the tort of defamation and cultural concerns for development in Sierra Leone. and sedition. Actions might be taken against publishers or Based on their capacity to connect people, their ideas and users of these platforms or networks similar to newspaper, values, satisfaction and dissatisfaction for politicians and radio and television. This is why some people argue that governance, social media are now platforms for discus- there is no need for special regulation of social media. But sions about government officials and politicians more there are ethical codes for mainstream media unlike social than ever before. media. It is worthy to restate the definitions of defama- tion and libel by Osborn’s concise Law Dictionary: “The Fcaebook , Twitter, You Tube, WhatsApp and other so- tort consisting in the publication of a statement which cial media have served not only an outstanding role in tends to lower the claimant in the estimation of right global communication, but also very instrumental in pro- thinking people generally or which tends to make such moting national discourse. They have given Sierra Leone- people shun or avoid him. It may constitute libel or slan- ans the opportunity to communicate their concerns and der.” express different opinions for a common ground even though some are willfully misusing its relevance. Social There are a number of defences including justification and media are online platforms that allow people to create, privilege (p 134). Libel is a defamation by means of writ- share information, ideas and feelings using pictures, stick- ing, print, or some other permanent form. The publication ers, text, audio and videos or graphics in virtual communi- of words in the course of television or sound broadcasts or ties or networks. other telecommunication systems is treated as publication in permanent form (Broadcasting Act 1990, s.166). The Social media application is built on the technological publication of false defamatory words, which is a tort foundations of web 2.0 technology that allows the crea- actionable without proof of special damage. To establish tion and exchange of user generated content. They are the tort, the claimant must prove that the material was now used for citizens’ participation in social, political, defamatory, that it referred to the claimant and that was economic and spiritual conversations. Some examples of published to a third person. It is a defence to an action for social media platforms are Facebook, WhatsApp, Twitter, libel that the words used were true or that the publication Viber, Messenger, linkedIn, Reddit, IMBO, Pinterest, and was privileged either absolute or qualified, or that it was a Google etc. fair comment on a matter of public interest (p. 244).

Sierra Leone will be having both general and Presidential A survey was conducted for this exploratory study about elections in 2018 requiring citizens’ direct participation regulating social media and its implications on democratic through the media. By sharing or disseminating infor- good governance and human rights. As an exploratory mation, the public can be informed about the electoral study, an available sample of 100 respondents participated process, the candidates contesting in their different con- in the survey. The key issues of concern in the survey stituencies and their wards including their political par- were as follows: ties. To enhance this mass media and social media could be a relevant platform to engage the public and allow them to participate throughout the process. Importantly 1. Social media should be regulated also the electoral calendar should be made known to the 2. Social media provide more useful information public for transparent and fair processes to prevail. for readers than newspapers.

3. Social media provide more useful information Some critics believe that the misuse of social media must be checked. Hannah Fullah is on record expressing her for readers than Radio stations concerns in the Awoko newspaper as follows: “I believe 4. Social media are more trustworthy than other the madness on social media by users should be checked. media systems My freedom ends where another’s freedom starts. In the 5. Social media do not promote meaningful politi- age where freedom of any kind is being fought for, let us cal discourse also be mindful of the rights and respect of others…I am

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6. Social media are more likely to instigate conflict 8. Regulating social media is politically motivated than other media 9. Social media can be regulated effectively 7. Social media writers and blogger should be sub- 10. Social media writers are a threat to democratic ject to the same regulations as newspapers, radio governance and television stations

Response Categories

e e

e

y y

l r l

e e

r r

g u g

e e

g g

n n

S

e e

SURVEY QUESTIONS N

a a

o o

r r t

r s r s

g g o i i

t t

S A A N D S D 1 Social media should be regulated 12 26 26 25 11 100 12% 26% 26% 25% 11% 100% 2 Social media provide more useful information 12 21 27 32 8 100 for readers than newspapers 12% 21% 27% 32% 8% 100% 3 Social media provide more useful information 11 26 23 37 3 100 for readers than radio stations 11% 26% 23% 37% 3% 100% 4 Social media provide more useful information 7 43 20 27 3 100 for readers than television 7% 43% 20% 27% 3% 100% 5 Social media are more trustworthy than other 3 16 29 21 2 100 media systems 3% 16% 29% 21% 2% 100% 6 Social media do not promote meaningful 9 21 21 37 12 100 political discourse 9% 21% 21% 37% 12% 100% 7 Social media are more likely to instigate 40 25 17 13 5 100 conflict than other media 40% 25% 17% 13% 5% 100% 8 Social media writers and bloggers should be 26 25 19 24 6 100 subject to the same regulations as 26% 25% 19% 24% 6% 100% newspapers, radio and television stations 9 Regulating social media is politically 35 25 24 16 0 100 motivated 35% 25% 24% 16% 0% 100% 10 Social media can be regulated effectively 12 32 32 20 4 100 12% 32% 32% 20% 4% 100% 11 Social media writers and bloggers are threats 6 25 32 23 14 100 to democratic governance 6% 25% 32% 23% 14% 100%

12 Social media promote terrorism 6 43 25 18 6 100 6% 43% 25% 18% 6% 100% 13 Social media promote violence 20 34 14 24 8 100 20% 34% 14% 24% 8% 100% 14 Social media promote disunity a country 8 23 25 29 13 100 8% 23% 25% 29% 13% 100% 15 Regulating social media is a violation of 33 20 24 17 4 100 human rights 33% 20% 24% 17% 4% 100% 16 Regulating social media is a violation of 51 32 8 7 2 100 freedom of speech and of press freedom 51% 32% 8% 7% 2% 100%

Gender Male Female

51 49 51% 49%

Table 1: Survey Data Analysis for the 100 Questionnaires Administered about State

Discussion References

The data show the dilemma of regulating social media in Woodley M (2005) Osborn’s Concise Law Dictionary, Sierra Leone. While most respondents believe that social Tenth Edition: Sweet Maxwell Limited 100 Avenue media are relevant platform for citizens’ engagement and Road, London participation in decision-making in Sierra Leone, most of http://www.sciencedirect.com/science/article/pii/S000768 them also believe that social media are more likely to in- 1309001232, stigate violence than other media. Comparatively too, http://www.pcworld.com/article/2920352/social-media- social media are reliable sources of information; but what plays-central-role-in-sierra-leone-political-crackdown.htm might be crucial also is the fact that some perceive social http://www.slbc.sl/mohamed-bangura-says-the-criminal- media to be a platform to breed terrorism and other anti- libel-law-is-a-bad-law/ social behaviors. On that note some suggest state regula- http://www.salonemonitor.net/the-relevance-of-social- tion. A more comprehensive future study will likely re- media-for-sierra-leone-politicians veal more interesting findings about public perception and the need to regulate or not to regulate social media.

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31 Sierra Leone 2015 State of the Media Report

Chapter Five

Media Management: Sustainability and Profitability of Sierra Leone’s media

Francis Sowa Ph.D. Candidate Department of Mass Communication Fourah Bay College, University of Sierra Leone Email: [email protected] Phone: +23276866519

Abstract Sierra Leone Watchman started operations in 1841, courtesy of the Wesleyan Missionary Society, as the his chapter examines media management in Sier- first non-official newspaper in the country. Again, the ra Leone using two key variables: sustainability structure was submerged in the administrative and man- T and profitability. The exposition is premised on agement structures of the church’s mission. the assertion that even if most media institutions in the country are ‘sustainable’, they are largely not ‘profita- It took forty-four years for an individually owned and ble’. The study comes amidst arguments bordering on managed newspaper to hit the news-stand. Sierra Leo- an apparent lack of professionalism in the management ne’s first independent newspaper, New Era, began pub- of media institutions in Sierra Leone. Hence, the state of lication in Freetown in 1855. Owned by a private indi- the media, in terms of sustainability and profitability, vidual, William Drape from the West Indies, the paper remains fragile. With the aid of documentary search and became very influential, giving voice to popular griev- structured interviews, the study found out that while ances (Cole, 1995, pp.7-8). As Cole puts it, by the turn some of the media are arguably sustainable in terms of of the century, no fewer than forty newspapers had hit their operations, their contents and programmes do not the news-stands, most of them short-lived. meet professional standards, and majority of them are not profitable. This trend in the proliferation of newspapers continued into the next century. Among the newspapers that came Key words: Media, Media Management, Sustainability, in the 1900s was the Sierra Leone Daily Mail, which Profitability was incorporated in 1933. According to the records at Colindale, the Daily Mail is the successor of what start- Introduction ed off as The Colony and Provincial Reporter in 1912. It continued as The Colonial and Provincial Reporter and Sierra Leone has had a long history of media establish- in 1920, its name was changed to the African Mail and ment, operations and management. In fact, the country Trade Gazette. In 1952, the British Daily Mirror Group was the first in Africa to publish a newspaper. One of bought the Sierra Leone Daily Mail (Cole, 1995). The the employees of the Sierra Leone Company, George Daily Mail was to later become the newspaper of the Ross, in January 1801, printed the Sierra Leone Gazette government (M’Bayo, 1991). By 1965, the Mirror on Freetown’s first printing press set up by the company Group in Britain had decided to sell the Daily Mail in to provide information for the small but growing literate Freetown ‘as it was not making profit’ (Barton, 1979: settler population. The country also ranked among the 36 cited in Cole 1995, p.37). Other newspapers later hit pioneers of radio broadcasting in the continent, with the the news-stand. From the start of the century to inde- rediffusion service introduced in Freetown in 1934, the pendence, another twenty-four newspapers had been first in British West Africa (Cole, 1995, p.1, M’Bayo, added, they having registered between 1901 and 1961 1991). (Cole, 1995).

The narrative in literatures about the birth of media in- The available literature suggests that the management of stitutions in Sierra Leone reveals that the establishment, the media institutions were either submerged in colonial ownership and management of newspapers and radio rule or run as one man businesses. The clearest example station were initially within the purview of Governors in terms of running media institutions effectively and and the colonial administrations. For about forty years, efficiently, could be seen in the purchase and running of 1801 to 1841, the ownership and management structures the Daily Mail by the British Daily Mirror. of newspapers, (the single newspaper changing its name overtime – the African Herald in 1809, and The Royal Radio followed as the second media institution estab- Gazette and Sierra Leone Advertiser were under the lished in 1934. As M’Bayo (1991) notes, in 1932, Brit- colonial administration (Cole, 1995)). However, the ain established Broadcasting House in London and be-

32 Sierra Leone 2015 State of the Media Report

gan an empire service in Daventry. The intent was to form assigned duties. Küng (2007) notes that media maintain a link between Britain and her overseas colo- management attempts to build a bridge between the nies, particularly Nigeria, , The Gambia, and Sier- specificities of the media industry and the general man- ra Leone (p.15). From the list of countries above, Sierra agement theory. Leone ranked among the pioneers of radio broadcasting in the continent, with rediffussion service introduced in Mierzejewska (2011) observed that strategic manage- Freetown on the 7th May 1934, the first in British West ment has been the most widely used theoretical or con- Africa (Cole 1995, p.1 and M’Bayo 1991). In West Af- ceptual framework in media management studies to rica, including Sierra Leone, radio was initiated by the date. As Hannagan (2002) puts it, strategic management personal interest of Governor Sir Arnold Hudson who consists of the decisions and actions used to formulate African historians affectionately nicknamed Sir Arnold and implement strategies that will provide a competi- “the Sunshine Governor” (Holmes, 1998). The Sierra tively superior fit between the organisation and its envi- Leone Broadcasting Service (SLBS), a change from the ronment, to enable it to achieve organisational objec- start of the service known as the Rediffusion Relay Ser- tives. It can also be described as the process of man- vice (RRS), was inaugurated on Wednesday, October agement needed to enable an organization to move from 19, 1955. where it is now to where it wants to be in the future. Strategic management is about a sense of purpose, look- In 1963, television broadcasting was introduced in Sier- ing ahead, planning, positioning, strategic fit, leverage ra Leone as a sister facility to the already existing Radio and stretching. It is the creative part of management, the Sierra Leone under the rubric of SLBS. Having started part which makes sense of organising, supervising and with black and white transmission, Sierra Leone televi- controlling-it is the result of innovative thinking. It is sion began color transmission in 1978, with the primary about the purpose of the organisation, the direction it is area of signal coverage being Freetown, much as it was to take and the way it forms and prepares itself to face the case with radio broadcasting when it started competition (p. 16). This description above lays the (M’Bayo, 1991, p.17). foundation for sustainability and profitability. In other words, formulating, implementing and evaluating strat- Some researchers felt it was unusual for the RRS to fall egies are key to ensuring that media institutions are sus- under the Colonial Railway Department. Presumably it tainable and profitable. merely followed the telegraph and telephone which were already under the railway management (Railway Sustainability Report Appendix 1937). Such arrangement could have been the start for the inefficient media management in The word ‘Sustainability’ means the ability to sustain Sierra Leone. On television, M’Bayo’s observation (to maintain or keep in existence). ‘Sustainable’ means some twenty-five years ago holds true today. He had able to last or continue for a long time.3 It also means stated that for all practical purpose, Sierra Leone televi- able to continue over a period of time4 and “Able to be sion has come to a stall, once again, a reflection of the maintained at a certain rate or level.”5 The term sus- general state of affairs in the country—foreign exchange tainability is derived from the Latin sustinere (tenere, to problems, procurement of spareparts, lack of trained hold; sub, up). Sustain can mean “maintain", "support", personnel etc. “Whatever direction television will take or "endure” (Douglas (n.d) and Charles (1964). In more from here, can come from only some policy action by general terms, sustainability is the endurance of systems the government” (M’Bayo,1991, p.17). Those policy and processes. directions should be clearly spelt out in the SLBC’s stra- tegic plan that must be implemented, executed and mon- Profitability itored. Profitable means making money; producing good or Theoretical framework helpful results or effects.6 It is about affording gain, benefit, or profit. As Jones and George (2003) put it, “management may be defined as planning, organising, leading, and control- Methods and Discussion of Findings ling of human resources to achieve organisational goals This study used documentary analysis and structured effectively and efficiently.” The definition of manage- interviews as research tools. The documentary analysis ment is to a very large extent based on the functions of examined literatures on the registration and operations management. In other words, many authors have ex- of media institutions in terms of sustainability and prof- plained the meaning of the concepts by the functions of itability, while the interviews provided the perspectives management. Explaining the meaning of management in of media practitioners and other stakeholders on wheth- such a way stresses the need for team work (Albarran, er the media in Sierra Leone are sustainable and profita- 2016, Keith, 2007 & Pringle et. al, 1995). It rejects the notion of those who wrongly perceived management as only being top-level executives who make decisions 3 http://www.merriam-webster.com/dictionary/sustainable leaving out their subordinates/subjects (the employees) 4 http://dictionary.cambridge.org/dictionary/english/sustainable who are expected to implement the decisions and per- 5http://www.oxforddictionaries.com/definition/english/sustainable 6 http://www.merriam-webster.com/dictionary/profitable

33 Sierra Leone 2015 State of the Media Report

ble. The research tools provided answers to the main research questions: Are media institutions in Sierra Le- one sustainable and profitable?

Documentation

Sustainability and profitability were examined from the registration, operation and existence of media institu- tions in Sierra Leone. The registration of media institu- tions were initially within the purview of the Ministry of Information and Broadcasting (now Information and Communication). By the Independent Media Commis- sion Act (IMC) Act 2000 as amended, the Independent Media Commission was created and charged with the registration of media institutions in Sierra Leone. The Act provides that media institutions that operated before the establishment of the IMC were to reregister with the Commission. 7 The tables below show the analyses of media institutions registered with the IMC.8

Table 1: Analyses of Radio Stations

No. Category of Station LOCATION Total Western Eastern Re- Northern Southern Area gion Region Region 1. Public Service 1 The stations in the regions are captured 1 Broadcaster (SLBC TV) under the category ‘Relay’ 2. Commercial 25 3 6 2 36 3. Community 7 6 12 3 28 4. Religious 11 3 2 5 21 5. Relay 2 5 6 4 17 6. Rebroadcast 1 1 2 1 5 7. Teaching Radio 1 - - 1 2 8. School Broadcast 1 - - - 1 ((Stopped broadcasting over 8 years ago) Total 49 18 28 16 111

Source: Source: List of Radio Stations registered at the IMC. The analyses were done using IMC records of up to August 2016

7 See Section 39 of the IMC Act, 2000 8 Most of the media houses, particularly newspapers that operated before the setting up of the IMC are not in existence at present.

34

The SLBC continues to be the only public service Freetown, Bo, Makeni and Kenema. Radio stations in broadcaster (radio station) in the country created by law, Sierra Leone are mostly registered as companies and the Sierra Leone Broadcasting Corporation (SLBC) Act community based organizations/institutions. Of the 111 of 2010. The SLBC’s main station is in Freetown, but radio stations currently registered with the IMC, at least has other stations in all regions relaying/rebroadcasting about 40 are not functional (the IMC is reviewing its list the national news and other key programmes. However, of radio stations that have not been renewing their li- those stations are not technically relay/rebroadcast ser- cences). Even among the 70 that are arguably broadcast- vices as they mostly broadcast local contents of the ing, about half of them are either mostly off -than on-air communities in which they operate. or broadcast for few hours a day). Most of the stations suffer from the lack of or inadequate broadcasting Commercial, community and religious radios constitute equipment, finances, dearth of broadcast engineers and the largest number of stations. The relay and rebroadcast technicians, lack of trained and qualified staff, poor combined (22), include the (VOA), management and lack of transparency and accountabil- Radio France International (RFI) and the British ity. Broadcasting Corporation’s (BBC) four relay stations in

Table 2: Analyses of Television Stations

No. Category of Station LOCATION Total

Western Eastern Re- Northern Re- Southern Area gion gion Region

1. Public 1 1 1 1 4 Broadcaster (SLBC TV)

2. Commercial (including STAR TV and 6 - 1 1 8 Africa Young Voice (AYV). 3. Religious 3 - -- - 3

4. MMDS 2 - - - 2 5. Satellite/DSTV/DTH 4 - - 1 5 Total 16 1 2 3 22

Source: List of Television Station registered at the IMC. Note: The analyses were done using IMC records of up to August, 2016.

Out of the twenty-two television stations registered with three of them were functional). They do not engage in the IMC, the SLBC/TV (Freetown, Bo, Kenema and local production and broadcasting. Their customer Makeni), AYV/TV and Star /TV are currently function- is relatively low. In terms of ownership, about 70% of al. The three religious television stations were not television stations are registered as ‘Companies’, while broadcasting as at the time of writing this article. The the remaining 30% is largely covered by what the IMC MMDS and Satellite/DTH are mostly rebroadcasting labels ‘Institution established by Act of Parliament’, that contents provided by other television stations (about is, the SLBC.

Sierra Leone 2015 State of the Media Report

The next two tables below show the media landscape with specific reference to newspapers and .

Table 3 (a): Analyses of Newspapers No Year of registration Number of registered newspapers

6. Pre- 2001 5 7. 2001 14 8. 2002 2 9. 2003 6 10. 2004 1 11. 2005 4 12. 2006 6 13. 2007 10 14. 2008 13 15. 2009 6 16. 2010 10 17. 2011 17 18. 2012 16 19. 2013 33 20. 2014 0 21. 2015 25 22. Total 167

Source: Source: List of Newspapers and registered at the IMC. Note: The analyses were done using IMC records up to June, 2016.

Table 3 (b): Analyses of Newspapers

No Category of LOCATION Total Station

West- East- Nort Sou ern Area ern Region hern Re- thern gion Region 1 Newspapers 147 1 4 2 154

2 Magazines 13 - -- 13 Total 167

Source: Source: List of Newspapers and Magazine registered at the IMC. Note: The analyses were done using IMC records up to June, 2016.

Newspapers and magazines are mostly based in Free- half of them broadcast or published. But the contents town. This is largely due to problems of printing and which they broadcast or publish leave much to be de- production facilities. Ownership is spread across sired. The next section details the views of key stake- 'company', ‘individual’ or sole ‘proprietorship.’ holders in the industry on the issue in question.

Generally, going by the definition that ‘Sustainable’ Interviews means able to last or continue for a long time or able to be maintained at a certain rate or level, the media in Seventeen people ranging from managers, communica- Sierra Leone can be said to be sustainable. But aside tion specialists and heads of media and communications those that are not functional or operational, more than

36 Sierra Leone 2015 State of the Media Report

were interviewed from the 27th August to 6th September, 2016.

Table 4: List of Interviewees

N Interviewee Description o 1. Mohamed Alie Kamara Communication Specialist 2. Stephen Douglas Stephen Douglas is an international journalist and media development spe- cialist 3. Lucy-Ann Ganda Executive Producer, Television, Sierra Leone Broadcasting Corporation 4. Ahmed Kallon General Manager, Eastern Radio

5. Hassan Arouni A BBC journalist who worked in Sierra Leone for four years 6. Ishmael Bay Public Information Officer, HRCSL 7. Khalil Kallon Former Station Manager, Radio New Song, Bo 8. Musa Mewa Former Editor, SLBC-now legal practitioner 9. Captain Yayah Brima Communication Specialist 10. Commission J William, Former Newspaper Editor, now Commissioner, IMC 11. Albert Massaquoi, Director of Media and External Relations-National Electoral Commission (NEC) 12. Abu-bakarr Sheriff, Editor, Concord Times 13. Abdulai Bunduka Communication Specialist 14. Sahid Nasralla, Secretary General, Sierra Leone Association of Journalists (SLAJ). For- mer Editor and Managing Editor 15. Emmanuel Tommy Lecturer, University of Makeni 16. Mustapha Sesay Communication Specialist, SLAJ, Former SLAJ Secretary General 17. Jonathan Leigh Managing Editor, Independent Observer Newspaper 18. Dr. Julius Spencer Former Minister of Information and now Managing Director of Premier Media Consultancy

On the question of whether media institutions in Sierra is that the majority are not run as proper business enter- Leone are sustainable in terms of their operations and prises. They are mainly operated as sole proprietorships outputs, Arouni (2016) said they are sustainable “but at without proper accounting systems,” he pointed out. a cost to staff welfare and salaries. Output for many is Turay (2016) posits that “sustainability of media institu- basic - lots of music and weak in quality content.” He tions largely depends on management, that is, the group pointed out that “enterprises with political patronage of people running the institution." Where the right hu- will gain from say adverts and discreet subventions.” man resources are available, the media house (radio This view is somehow supported by Ganda (2016) who station) for example will be able to initiate interesting added that the stations are sustainable in terms of opera- programmes that will enhance large listenership. When tion, but they need extra support. Bayoh (2016) noted a radio is well known for its programmes, it brings in that “majority of the media houses depend on adverts to adverts and sponsorships, two primary means of reve- survive...and some newspapers’ existence is dependent nue for radio stations. This can make them sustainable. on the politicians even though they may be registered as Sheriff (2016), a newspaper editor, said media institu- independent entities.” Commissioner Williams (2016) tions may be sustainable depending on the financial stated that “Media institutions here are hardly sustaina- mainstay of the proprietor and business viability of the ble due to low capital and high production costs and medium. This will be determined by the business acu- advertisers who are supposed to be the main source of men and staff strength of the institution. Leigh (2016) revenue owe huge debts.” For Massaquoi (2016) "...The refers to the issue this way: “Sustainability depends on Media industry is considered 50% sustainable...for the the proprietor or proprietress’ managerial ability, com- simple fact that it is in operation, but faced with enor- mitment and dedication to work.” He addressed the is- mous challenges and a probable rate of decline.” sue of wastage: “The reason why most other (newspa- pers) collapse is because the moment the cash starts Dr. Spencer (2016), former Minister of Information and coming they will target luxurious things like wanting to Broadcasting, noted that some media institutions are own a car forgetting the business has to be sustained and sustainable but the majority are not. “The reason for this it is the inflow of cash that has to keep it going.”

37 Sierra Leone 2015 State of the Media Report

dropouts, who, in normal circumstances, have no busi- According to Kamara (2016), the print media are par- ness in journalism.” He continued “Multi-media institu- tially sustainable in terms of operations: “... we still tions with radio, TV and newspapers combined are bet- have a good number of newspapers that have been oper- ter off, because they are comparatively reasonable fund- ationally sustainable. However, we can't say that for ed and have greater chances to be profitable and sus- most of our newspapers in the area of output which tainable.” keeps on fluctuating most of the time.” He continued “Broadcast Media on the other hand are more compli- On profitability of media institutions, Dr. Spencer said cated than the print media. Broadcast media equipment “Some media institutions are profitable but the majority are more costly and hence makes this area a bit difficult are not. One of the factors militating against profitability to sustain operations.” is the tendency of advertisers to default on payment. Unethical practices of advertisers (placement of adverts Mewa (2016) holds the view that media institutions are for kickbacks) and the monopoly of newspaper vendors sustainable: “In recent times the media economy has that restricts when newspapers can be published also emerged in terms of growth and even more becoming a affect profitability. competitive market.” However, he noted “Their outputs remain a challenging concept, in the sense that the libel While Brima (2016) thinks many media institutions are law remains a challenge and the lack of capacity to at- not profitable because advertisement, through which tract more media graduates and consultants to undertake they can be viable, is not common marketing practice, professional work with media establishments. But this Kamara (2016) is of the view that apparently, few are will change with time.” profitable. In the words of Douglas (2016) “too many media outlets rely too heavily on political handouts and Douglas (2016) believed that (currently) most media sponsorships. Few outlets seem to be viable without operations are not sustainable. “Many (not all) lack the influence. It seems to me we don't have enough of an business acumen and management capacity to compete economy (advertisers and businesses) to foster media in this very difficult environment. Many (not all) media growth.” He added “I think viability also depends on institutions lack fiscal responsibility and accountability. management skills and styles. Arouni (2016) is of the Many (not all) lack accounting skills and personnel view that most media institutions are not profitable; the skills. Outputs are limited and (in my opinion) are not exceptions have big political and business support. sustainable.” Kallon (2016), a former Station Manager, agreed that media institutions “are not sustainable, in Khalil Kallon (2016) noted that the industry lacks for- that most of the media houses cannot even take care of eign investment and most of the locals who set up the their running costs.” Captain Brima (2016) furthered media houses are only interested in the initial capital to that media institutions are not sustainable both in terms establish the businesses hoping that the media house of operations and outputs; few newspapers are pub- would take care of their running costs. But for Ahmed lished on a daily basis, and very few radio stations Kallon (2016), radio operations in Sierra Leone cannot broadcast for 24 hours and this is only seen in the capi- be a direct financial accumulation venture but that of a tal.” social change facilitator which in turns brings money based on its acceptability by its audience. Leigh (2016) Nasralla (2016) who has managed key media institu- pointed out that profit and viability hinge on credibility tions noted that the media market is very small, with too and professionalism. Once your paper is credible, you many media houses chasing few business opportunities are bound to attract advertisers, which is the backbone available. “Poor management structures limit the poten- of profitability. tial of the media houses to run efficiently. The owners find it difficult to entrust their businesses in the hands of Massaquoi (2016) stated that the industry can be profit- a capable management team of professionals. This is able if it is operated as a business entity...not just a pro- either out of lack of trust or unwillingness to pay profes- fession, but with vibrant and structured management sional salaries”. He added that “financial management: systems. He suggested that two or more individuals or keeping proper financial management records is a huge owners of small scale businesses in the media can set up challenge for most media houses.” an empire of joint ventures to ensure they provide quali- ty services and at the same time, compete for the availa- Sesay (2016), former SLAJ Secretary General of SLAJ, ble market. Nasrallah (2016) said to be sustainable and puts it this way: “Most media institutions are one man profitable, media houses should start with “a business owned and managed, instead of a company or partner- plan, research market opportunities and position them- ship, especially newspaper and magazines. Their surviv- selves uniquely, have a proper management structure, al depends on advertising patronage which is also lim- proper financial management and records system. Mus- ited. The bigger competitors in the market get the most. tapha (2016) stated that for media institutions to be via- Circulation and coverage are also limited. Most of them ble (profitable and sustainable) they must be able to do not have adequate office spaces or equipment for meet the following basic requirements: Invest in tech- staff and employ either secondary school leavers or nology, secure adequate office spaces with 24 hours

38 Sierra Leone 2015 State of the Media Report

internet connectivity, recruit professional staff with clear job descriptions and payment of staff living wages References or at worst, the minimum wage, ensure that news cover- age and reporting cover the entire country, and circula- Albarran, A. B. (2006) Management of electronic me- tion or coverage reach at least all provincial cities, if not dia. Canada: Thomson Wadsworth. district headquarter towns. Bonde, B., & Sowa, F.(2014). Media Development Strategy Sierra Leone: Freetown: Media Reform Coor- Conclusions dination Group. Cole, B. (1995) Mass media, freedom and democracy in Sierra Leone’s Media Development Strategy notes on Sierra Leone. Freetown: Premier Publishing House. the issue of media sustainability and accountability that “the meagre market and strong competition make some Hannagan, T.(2002) Mastering strategic management. of the media test the limits or even break them with sen- United States of America. Pelgrave sational stories, brown envelope journalism, blackmail and allegiance to certain political and economic interests Holmes P. (1998). Broadcasting in Sierra Leone. Uni- that finance some of the media. This, combined with versity Press of America: Lanham, MD. low professionalism; low ethics and a politicised content constitute a challenging media environment” (Bonde & Independent Media Commission (2010). The Independ- Sowa 2014). ent Media Commission 2010 Annual Report. Free- town: Government Printing Press. The way forward is complete implementation and/or review of the strategic policies formulated and articulat- Jones, G.R. & George, M. G. (2003) Contemporary ed by the media institutions during their inception. Cur- Management. New York, NY: McGraw-Hill. rently, requirements for the registration of media insti- tutions by the IMC include the submission of business Keith M. C., (2007). The radio station: Broadcast, sat- registration certificates which should show that they are ellite &internet. Focal Press: Pine Oaks. first registered as businesses either at the Office of the Administrator and Registrar General (OARG) or the M’Bayo R. T. (1991). Information policies in an Afri- Corporate Affairs Commission (CAC). They must also can State: A study of the rules and regulations of submit as part of the registration process, a Business communication in Sierra Leone. Ph.D. Dissertation. Plan or (for radio/television stations) /Policy Guide (for Howard University: Washington, DC. newspapers and newsletters) indicating their mission and vision, governance and management structures, Mierzejewska, B. I. (2011). Media management in market survey, financial projections among others. theory and practice. In Managing Media Work, Sage Publication These are key strategic management principles. Howev- (http://www.sagepub.com/books/Book233336/toc ) er, most media institutions at their inception demon- United States of America. strate knowledge and adherence to those principles, but when they start to operate, they deviate from them. This Pringle P.K., Starr, S.F., McCavitt, W.E. (1995) Elec- is the principal reason why they are arguably not sus- tronic media management (3rdedn). Boston: Focal Press. tainable and profitable.

39 Sierra Leone 2015 State of the Media Report

Chapter Six

Newspaper Ownership and the Dynamics of Power in Sierra Leone

Tanu Jalloh Founder & President of OTI-SL Business Editor at Politico Newspaper Part-Time Lecturer, Mass Communication Fourah Bay College, University of Sierra Leone Email: [email protected]

Abstract the sector. After the 2012 elections, which saw a large section of the media completely divided he media in Sierra Leone have undergone along political party lines, the EU Elections Ob- some changes in practice, operations and server Mission noted that the lively and diverse T ownership style in the last two decades. media environment in Sierra Leone was largely Perhaps one of the most visible corollaries asso- a result of a liberalisation of the sector in 2002 ciated with the level of those changes is how the which saw the proliferation of media houses press or newspapers have come to be perceived around the country, mainly in the form of radio to being a powerful source for politicians and stations, and resulted in improved pluralism and private business elites to acquire and maintain an enhanced degree of freedom of expression. power. This study argues that the media in Sier- The development of the sector, however, con- ra Leone may not just have been considered as tinues to face major challenges due to lack of powerful by politicians, as was the case before financial resources, weak infrastructure, short- and immediately after the war. If only to be as- age of electricity, and the lack of a skill on the sessed against their ownership models, the regu- part of many journalists (EU EOM, 2012:23). latory environment and the practice of journal- Like all three post war elections, what we saw in ism, the press have been considered a major the events leading up to the 2012 elections and source of power among politicians and busi- immediately afterwards, were that many news- nessmen in Sierra Leone. The study, therefore, papers sprung up, some were bought over by assessed how newspaper ownership, be it politicians and businessmen who had interest in through direct or indirect control of editorial the process, and others were established as loose policies, continues to be the entry point for some partnerships and run as proxies. ‘seekers of space’ (Hutchins Commission, 1947:25-26) because of weaknesses in policies, After the elections, some were dissolved, others regulation and structural challenges. struggled for a while and died of lack of sup- port. So the proliferation of media houses did Key words: media ownership, ownership mod- not by itself improve pluralism in ways that els, power, source of power, media operations, could give real meaning to the functions of the editorial policy, regulation, newspaper registra- press and did not add value to the democratic tion, media policy, regulation process of a country in political transition. Thus, despite the huge interventions by the United Na- Introduction tions, the British and Dutch governments to de- velop the media, evidence of polarisation still In the last fourteen years the media in Sierra Le- exists. one have seen some remarkable changes despite challenges of professionalism, media poverty, Studies have shown that although media owner- the legal environment and lack of investment in ship in the last two decades generally either

40 Sierra Leone 2015 State of the Media Report takes the form of a government owned or a pri- Dijk, 2009). This power is not restricted to the vate business, newspapers in Sierra Leone are influence of the media on their audiences, but either privately owned or are owned by political also involves the role of the media within the parties. Some newspapers are partisan although broader framework of the social, cultural, politi- they are not owned by a political party (M’Bayo, cal, or economic power structures of society 2013:11). He concludes that “the polarisation of (van Dijk, 2009). the Sierra Leone media – particularly newspa- pers – appears to be politically driven, with Measuring Ownership and Power some espousing support for the govern- ment/state actions and initiatives, while others While a number of studies around newspaper are opposed to (aligned and partisan media) or ownership have been based on quantitative sta- maintain seemingly neutral dispositions (open tistical studies using secondary and publicly forum media) regarding these matters”. available data (Martin, 1998) and (Maguire, 2003), cited in Ohlsson (2012), this study is This chapter used M’Bayo’s categorisation of qualitative. It is descriptive in approach and the media as a theoretical foundation to investi- largely based on case studies. It also used a gate how ownership of four newspapers has group of research, not uncommon in media been perceived to be a source of power in Sierra ownership studies, that consists of personal ac- Leone. That newspapers were either ‘aligned’ or counts of active or former editors and journalists maintained partisan positions or were an ‘open (Stark 1962; McCord 1996; Bagdikian 2004; forum’, with seemingly neutral dispositions. The Squires 1994). However, it also used findings of model assumes that there is a causal relationship a perception survey conducted in 2015 among between the two variables - newspaper owner- five different groups – (1) newspaper edi- ship model, being the cause, and editorial con- tors/proprietors; (2) civil society activists, (3) trol, being the effect and a source of power. That government officials (4) businessmen and (5) assessment is seemingly premised on the argu- members of the general public – to back the pos- ment that: “With the state no longer the key tulation that media ownership has direct rela- mass communicator, party functionaries have tionship with editorial policies in Sierra Leone resorted to creating non-state media outfits in and that control of newspaper editorial comes the form of traditional newspapers and online with some media power to shape public opinion portals. With party newspapers, party radio sta- and influence public policy (Jalloh, 2016:1). tions and privately owned (but mostly biased) media, the media environment in the country is Conceptual Analysis: Media, polarised along party lines, and pro- and anti- Ownership & Power state media organisations” (M’Bayo, 2013:6-7). This characterisation of the press in Sierra Leo- Media ne, coupled with the fact that they are generally poor and therefore pliable, opens them up for Mass media refers to communication devices manipulations by politicians and businessmen, and messages, which can be used to communi- usually as a means to an end. McQuail on the cate and interact with a large number of audi- influence of ownership on mass media content ences in different languages (Mockba, 2012). said: “there is no doubt that owners in market They include the print, electronic and new age based media have ultimate power over content media. In the early days, newspapers were the and can ask for what they want to be included or only medium that masses at large depended on left” (Ali, 2015:1). He, however, notes that this for daily news. A newspaper carries all kinds of is against the ethics of journalism. communication related to a variety of topics like politics, current affairs, entertainment, finance, In the study of mass communication, there has stocks, etc. This explains the importance, func- been a continuous debate about the more or less tion and place of newspaper as a mass medium, powerful effects of the media on the public (van

41 Sierra Leone 2015 State of the Media Report alongside magazines, brochures and billboards until 2003 there were no sufficient literature and in society. data on media ownership in countries like Sierra Leone. However, media ownership was largely Sage (n.d.) in an online publication: ‘The Rise the purview of government. By answering the of Mass Media’, explains that in the early Mid- question of who owns the media we also answer dle Ages, the church in had elaborate the question of who holds the reins of power and effective means in place to ensure transmis- (Hrvatin, Kuèiæ & Petkoviæ 2004:10). sion to everyone without exception. From its early days, the newspaper was an actual or po- Ownership tential adversary of established power, especial- ly in its own self-perception. Established author- Ownership, for the purpose of this study, refers ity has often confirmed this self-perception of to media ownership and in particular newspaper the press by finding it irritating and inconven- ownership. The issue of media ownership has ient (although also often malleable and, in the increasingly shaped the way in which the media last resort, very vulnerable to power). However, related to public interest and citizens’ rights early newspapers did not generally seek to of- (Hrvatin, Kuèiæ & Petkoviæ, 2004:8). Other fend authorities and were sometimes produced scholars like Ali (2015) put i succinctly that: on their behalf (Schroeder, 2001) cited in “ownership has continued to play an influential McQuail (2010:29). Then, as now, the newspa- role in the editorial policies of media organisa- per was likely to identify most with its intended tions. It is so bad in some media organisations readers (ibid). that the ethics of journalism are exchanged with the opinions and decisions of the proprietors of Klaehn (2002:147) argues that mass media play the organisation.” The philosophy of ownership, an especially important role in democratic socie- according to LeFevre (1971), represents the re- ties. They are presupposed to act as intermedi- lationship between humans and property. “The ary vehicles that reflect public opinion, respond desire to own property contains the concept of to public concerns and make the electorate cog- exclusiveness, of individualization. Ownership nizant of state policies, important events and is an expression of this longing. Human beings viewpoints. The ‘ model’ of media long to possess items which they admire and operations laid out and applied by Edward Her- appreciate” (LeFevre 1971:2). man and Noam Chomsky in ‘Manufacturing Consent: The Political Economy of the Mass Media ownership is no different from the as- Media’ postulates that elite media interlock with sumption that many people, especially politi- other institutional sectors in ownership, man- cians and businessmen in Sierra Leone, long to agement and social circles, effectively circum- have a newspaper as their property. Over the last scribing their ability to remain analytically de- ten years, ownership of newspaper in the West tached from other dominant institutional sectors. African nation of seven million people, accord- ing to a 2016 census, is associated with certain Politicians have used (and abused) the media for presumed power to protect political and busi- their own interest and political purposes. Obser- ness interests. vations show that in the last fifteen years in Si- erra Leone, it is almost impossible to remain in Power power without the support of the media. On the other hand, media owners continued to use their Herman and Chomsky (1988) cited in Klaehn outlets to promote and disseminate their own (2002:148) argue that the mass media are in- political views, and to ask for favours from poli- struments of power that ‘mobilize support for ticians and businessmen especially in the last the special interests that dominate the state and two decades. In an article published by the Jour- private activity’ (Herman and Chomsky, 1988: nal of Law and Economics in October 2003, xi). Other studies have also acknowledged DJANKOV, et al (2003:345) disclosed that up newspaper ownership as a potent source of

42 Sierra Leone 2015 State of the Media Report power alongside other ‘power structures’ in con- Firstly, the study finds out that although temporary Sierra Leone (See DfID’s Briefing M’Bayo’s (2013) categorisation of the media as Paper, May 2008:3 and MSI panel discussion, a basis to show the level of polarisation is laud- 2010:339). able, the model is limited to partisan politics in its characterisation of the entirety of the media Power, in this context, should be understood as in Sierra Leone. It does not consider the fact that media power and especially by the way it has the media have also been polarised along corpo- invariably manifested itself in the administrative rate politics, especially in the last ten years. For as well as editorial structures of newspaper instance, when in 2012 and through 2013, gov- management in Sierra Leone. Street (2011) ernment sought to review licenses and lease agrees that the media have power: they deter- agreements of all mining companies - given mine the fate of politicians and political causes, some controversial circumstances of the awards they influence governments and their electorates. of tax concessions and duty waivers - some He argues that , the ownership and weak and dying newspapers were either revived, control of the media industry, the political uses bought over or new ones were hurriedly estab- of the media, all matter because they have some lished on conditions that they fought against effect upon the way the political process works, mostly popular activists’ positions on bad gov- and the interests that motivate the media also ernment mining policies. AYV newspaper, es- shape the outcome of that process. Morris and tablished by Anthony Navo Jr., a politician and Street observe that the study of power is driven later became a very powerful director of com- by the desire to know who is responsible for the munications with AML, had led media attacks things that affect our lives: who is to blame for against reports that were critical of the opera- the current state of affairs, how can it be tions of the company. He later bought over the changed for the better (Morris, 1987), cited in ‘Sierra Leone News Hunters’ (‘Ariogbo’ News- Street, 2011)? To answer such questions in rela- paper), whose young but critical editor, would tion to the media, it is important to acknowledge later become one of his employees and hatchet- the different ways in which media may be im- men. plicated in the distribution and exercise of pow- er. In a 2012 MSI/IREX group discussion in Free- town, Dr Julius Spencer, a veteran media practi- They both separately agree that media power tioner and Managing Director of Premier Media does not, after all, take a single monolithic form. Consultancy that publishes Premier News news- It appears in different guises and operates in dif- paper said: “There are very few media houses ferent ways. For example, Street, looks at three that are really truly independent. There is a re- main forms of power as they relate to the media sounding yes that business interests restrict edi- – discursive power; access power; and resource tors and proprietors.” Some media houses, power. He explains how each of these powers which were relatively independent and carried continues to raise questions about how media civil society organisations’ positions for the re- content shapes political ideas. He argues that view of all mining arrangements, were inundat- discursive power refers to the way a popular ed with unaudited and usually huge advertise- common sense is created; access power refers to ment placements that ran into tens of millions of the way in which particular interests or identities leones. Thus, they too were compromised with are acknowledged or excluded and resource advertisement placements. Eventually, over the power refers to the way in which media con- years, public interest campaigns, specifically glomerates can affect the actions of govern- targeting African Minerals (SL) Limited, have ments and states. This chapter, therefore, situ- seen government ministers and other state func- ates its investigations around the last two forms tionaries supporting the mining company and of powers - access power and resource power. using their network of newspapers to attack and Explanations punish rights activists and campaigners for just mining.

43 Sierra Leone 2015 State of the Media Report

and control. Firstly, they proved that achieving In an online article carried by ‘Concord Times ownership transparency will remain a major Newspaper’ titled: ‘Corporate Integrity: Best regulatory challenge and ownership may there- practice for multinationals operating in Sierra fore still be open to manipulations by partisan Leone’ (n.d.) the former anti-corruption com- and corporate interests that mostly come against missioner, Lawyer Joseph Fitzgerald Kamara, public interests in fragile like Sier- observed that: “As corporations have become ra Leone. more powerful, the civic institutions that have upheld them in the past have developed the ten- Secondly, they pointed out that there have been dency to get weaker”. no considerable changes in ownership style in terms of the purpose for which newspapers are When interviewed via email, journalist and edi- owned, run and used. Some of the reasons for tor, Ahmed Sahid Nasrala (2015, pers.comm. 29 this may include the weaknesses in registration May) stated that the present government (All procedures at the Independent Media Commis- People’s Congress) was obviously aware of this sion (IMC); limitations of newspaper ownership ‘all-important role’ of the media when they as- to sole proprietorship, a business model which sumed the reins of governance in 2007 through existed before the IMC was created and made the ballot box – a victory many believed was no changes to one man control, have all been largely enhanced by a favourable media. As part of the reasons for unsustainable newspaper payback, the government appointed journalists proliferation. Also, investment in the newspaper that had supported their cause as Infor- sector of the media industry is still very low and mation/Press Attaches to its various diplomatic therefore cannot attract highly skilled labour. missions abroad, while others were given minis- Ultimately, it is easy for a sponsor, owner or terial positions. “Of Sierra Leone’s sixteen dip- proprietor to establish, acquire, own and control lomatic missions, ten have journalists as Press editorial policy. As a result, records of adjudica- Attaches. A current special adviser to President tion by the IMC have shown that the highest Ernest Bai Koroma, Alhaji I.B. Kargbo, is for- number of complaints, decisions against editors mer Minister of Information and Communica- and penalties for professional misconduct sit tions and is publisher/owner of the ‘New Citizen with the newspapers. Also, pay for journalists newspaper’. The immediate past Deputy Minis- working for newspapers are very low compared ter of that ministry, Theo Nicol, is a former to those who work for radio and television. Managing Director of ‘Africa Young Voices’ radio and newspaper. The former deputy Minis- Finally, they demonstrated some instances ter of Information and later Internal Affairs, where administrative structures of newspapers Sheka Shekito Tarawallie, is the publish- have been personalised while ownership has not er/owner of ‘The Torchlight newspaper’. The been transparent and accountable. The IMC and former Minister of Sports, Paul Kamara, is the the Office of the Administrator and Registrar publisher/owner of the ‘For di People newspa- General could not account for newspaper own- per’. When the President created the position of ers’ identities, which would be relevant to open Special Executive Assistant (SEA) at State up new opportunities for enquiries that may lead House, he appointed Dr. Sylvia Olayinka to the prevention of abuse of media power in Blyden, a publisher and owner of ‘Awareness Sierra Leone. The regulators and the administra- Times newspaper’ who had used it to get into tors’ office could also not sufficiently present politics”. any strategies to promote ownership transparen- cy and socially responsible press. Conclusion

From the above contexts, the findings and ex- planations have provided some insight around the operations of newspapers, ownership style

44 Sierra Leone 2015 State of the Media Report

References impact-on- media-independence-and- pluralism-in-slovenia-and-other-post-socialist- Journal Articles european-countries/>. [Accessed: 10/11/2014]

Ali, A. (2015). Media Ownership and Control LeFevre, R. (1971). The Philosophy of Owner- versus Press Freedom in a Democratic Africa. ship. [Online] : Peace Institute. Open Access Journal. [Online] vol. 5, no. 1, p.1- Available from: 5. Available from: . [Ac- WNERSHIP_AND_CONTROL_VERSUS_PR cessed: 30/12/2014] ESS_FREEDOM_IN_A_DEMOCRATIC_AFR ICA_BY_IBBI>. [Accessed 10/11/2014]. McQuail, D. (2010). McQuail’s Mass Commu- nication Theory (6th Edition). [Online]: London: Klaehn, J. (2002). A Critical Review and As- Sage Publications. Available from: sessment of Herman and Chomsky's ‘Propagan- . [Accessed: Available from: 10/11/2014] . [Accessed 11/11/2014] Ohlsson, J. (2012). The Practice of Newspaper Ownership: Fifty Years of Control and In- M’Bayo, R.T. (2013). Media and state govern- fluence in the Swedish Local Press. [Online]: ance in a post-conflict society: The case of Sier- Sweden: University of Gothenburg. Available ra Leone. Equid Novi: African Journalism Stud- from: ies. [Online] vol. 34, no. 2, p.1–19. Available . from: [Accessed: 10/11/2014] . [Accessed Street, J. (2011). Mass Media, Politics and De- 10/12/2014]. mocracy (2nd Edition). [Online]: London: Pal- grave Macmillan. Available from: . Herman, E. S. & Chomsky, N. (1988). Manufac- [Accessed: 1/11/2014] turing consent: the political economy of the mass media. New York: Pantheon Books. van Dijk, T. A. (1996). Power and the News Available from: Media. In Paletz, D. L. (ed.) Political Commu- . [Accessed: States: Hampton Press. Available from: 30/12/2014] . Hrvatin, S. B, Kuèiæ, L. J, & Petkoviæ, B. [Accessed: 19/12/2014] (2004). Media Ownership: Impact on Media In- dependence and Pluralism in Slovenia and Other Post-socialist European Countries. [Online]: Reports , 1000 Ljubljana, Slovenia: Mirovni Inštitut. Available from: European Union Election Observation Mission,

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Union: Available from: . [Ac- 2014/documents/deve/dv/final_report_/final_rep cessed: 1/11/2014] ort_sl.pdf. [Accessed: 23/9/2016] Statutes International Research and Exchanges Board Sierra Leone. Independent Media Commission Inc. (2012). Sierra Leone Media Sustainability Act 2000: Part IV. (2000), Freetown: Govern- Index. [Online]. Washington DC: IREX. Avail- ment Printing Press. [Online]: Available from: able from . [Accessed 16/09/201

46 Sierra Leone 2015 State of the Media Report

Chapter Seven

Performance Responsibilities and Ethics in the Sierra Leone Media

Batilloi Isaac Warritay Communication for Development Specialist Email: [email protected] Mobile 076559646

he earliest evidence of modern mass ria. While that indicator has not been media in Sierra Leone, date back to achieved, there is good news and bad news. T The Royal Gazette and the Sierra Leo- The challenges identified in media perfor- ne Advertiser in, (the first newspaper in tropi- mance, when placed against the backdrop of cal Africa) initially published in 1801 at Fort key selected ethical issues, are disconcerting Thornton, in Freetown. Since then, the nation and demand attention. The prospects for the has gone through its stages of colonization, future however are positive. Significant steps Independence and a post-Independence era, will need to be taken to mitigate the damage fraught with a unique combination of success already inherent in many new value sets that and failure, development and decline. undermine current professional media perfor- mance. Initially, the media was seen as a conduit for informing Sierra Leonean subjects to the This chapter aims to assess media perfor- crown, of the colonial Government’s actions mance and responsibilities relative to a few and direction. Later, we witness many of our critical ethical issues that currently pose chal- early journalists and media practitioners, serv- lenges for media practice and practitioners in ing as educators and activists, with the singu- Sierra Leone. To do this, it is useful to note, lar aim of mobilizing people for planned de- that there are seven generally widely held and velopment and social change. As Okigbo accepted ethical codes of media practice that (1991) observes “…media then contributed related institutions and practitioners are ex- to national development, by ensuring the dis- pected to follow. These Ethical Codes are the semination of truthful and useful information, highest principles, standards and ideals practi- sensitizing the people to the need for planned tioners are expected to display in their profes- development. They also aimed at using the sional activities. The principles are aspiration- media for persuasion, motivation, providing al in character. The responsibilities outlined in learning materials and development infor- the set of values, refer directly to the public, mation to targeted educated members of the clients, colleagues and employers. society.” The principles are integrity, objectivity, com- Fast forward two hundred and fifteen years petence, fairness, confidentiality, professional- later and the logical expectation would be a ism and diligence. This piece will only discuss buoyant, dynamic free professional media en- four of the principles. Media professionals vironment, ably challenging media perfor- generally report local development and news. mance in nations like Ghana, or Nige- They are also expected to investigate the ‘dark

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corners’ of the business world, political deals including international and local news and and failures in government and social ills that sports, and a high dose of adverts. plague the nation. In so doing, the average cit- izens have the opportunity to better understand The Media Code of Practice established and their immediate place in society and they can revised by the Independent Media Commis- make decisions that affect their lives. In an sion (IMC) has popularized the phrase “…the ideal world, media personnel are expected to ABC of Journalism”, meaning the need to provide, as Randall (1984), states “intelligent abide by the three central rules of Accuracy, fact-based journalism, honest in intent and ef- Balance and Credibility. These words speak to fect, serving no cause but the discernable the heart of our first ethical issue, that of ob- truth, and written clearly for the readers who- jectivity. Objectivity in media performance ever they may be.” requires “…intellectual honesty and impartial- ity. Regardless of the particular service ren- The truth is that media personnel are constant- dered or the capacity in which practitioner’s ly balancing the search for truth, with the function, they are to protect the integrity of search for a story, that will have their listeners their work, maintain objectivity and avoid and readers up and waiting to learn more. The subordination of their judgment.” practitioner is constantly forced to find enter- taining and sensational stories quickly and Among the many newspapers and current with minimum research. It is in this world, monthly bulletins Politico, Premier News, that media personnel struggle on the one hand, AWOKO, Unique News and the recently to be honest and truthful with their readers, launched/revived Sierra Leone Daily Mail listeners and viewers, while on the other hand, stand out, in the writer’s view, as being signif- pleasing an employer or editor who needs to icantly objective in their regular reporting. maintain a business! However, the daily occurrences of shortcom- ings of the print media in general are well So how is Sierra Leone faring? With an esti- known. Daily instances of defamation, charac- mated population of 7 million,85% of house- ter assassination, speculation, abuse and delib- holds have access to radios and under 10% erate exaggerations and inaccurate reports, percent to televisions. A 2010 estimate, characterize many of the other newspapers. showed mobile phone access as 34 out of eve- The fact that many of the existing newspapers ry 100 citizens and Internet access to about present themselves as politically aligned either 40,480 users or 0.8% as of a Dec. 2011 sur- to the government of the day or the opposi- vey. Facebook users 48,450. This number has tion, indicate that they have been compro- risen substantially since then but readily avail- mised and lack the capacity to be objective. able data produced through national media institutions is unavailable. A media owner in the Western Area, Sierra The country boasts of an estimated 181 for- Leone in May, 2016, described his frustration mally registered newspapers. In real terms, with this lack of objectivity in these words: only about 70 are functional. The average size “Most practitioners either don’t understand of 12 – 16 page dailies or weeklies, focus ethical principles or just ignore them. There is mainly on issues of national politics, legal and also among many journalists, no attempt to court proceedings, health, education, mining, investigate a story. A large part of content is and agriculture and other development topics, just reportage. There is no attempt at research 48

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and in many cases, there is an ease at plagia- ists. They should not wait for society to do this rism or outright falsification of statements, for them. Society may not always be able to that are then attributed to individuals that have tell bad from good journalism but journalists never been met or spoken to!!” can. The sad reality is that print and electronic media institutions have not always risen to the Programmes on radio, especially phone-in expected standards of professional conduct. programmes in various Talk Shows, bear the Outright abuse between rival editors; insults same trait, of little regard to the issues of ob- and mudslinging in editorials have at times jectivity in reportage or story development. been common place, leaving “ some profes- Inaccurate comments are allowed with aban- sional 'family' colleagues maintaining an em- don and programme producers do very little to barrassed silence.” research their work in preparation for their designated space. Investments and growth in 3 tertiary institu- tions nationwide, have created a boom in the Glaring headlines announcing an obvious un- number of academically trained media per- truth are the daily diet of the average reader, sonnel in the country. In the Western Area, the clearly indicating intellectual dishonesty or Department of Mass Communication, Univer- partiality. The responsibility of senior man- sity of Sierra Leone, continues to release agement and editors in such cases, seem to be trained journalists and broadcasters into the all too absent. job market annually. Similar departments at the University of Makeni, in the Northern Re- The next ethical issue is Professionalism, gion and the Kenema Polytechnique in the which simply demands, that media practi- Eastern Region, have complemented this tioners and their institutions, act in a man- boom. Clearly, the recent establishment of the ner that demonstrates exemplary professional Africa Youth Voices Television and Star Tel- conduct. That they behave “…with dignity and evision, highlight a new role for private radio courtesy to clients, fellow professionals, and and television in national development and others in business-related activities. Profes- have become recruiting grounds for graduates sionals are expected to cooperate with fellow of these institutions. practitioners, so as to enhance and maintain the profession’s public image and improve the Radio remains the most widespread and effec- quality of services.” tive medium nationwide. There are about 110 radio stations; 32 are community radio sta- Media performance in 2016 has improved but tions, 20 religious broadcast stations and 36 a few years ago the scene was very different. which fall within the category of privately Generally though, there is still a level of dis- owned FM Commercial Stations. The rest are regard for acceptable professional media prac- facilities and relay sta- tice, perhaps at one level because the public is tions which include the Sierra Leone Broad- insufficiently discerning or demanding. Little casting Corporation established in 2010. It in- wonder Francis Kasoma (72) observed that tegrates 5 sub-stations in the regions. Unfortu- “….Media people have a duty to speak out nately, the national broadcaster is yet to pro- and condemn those of their colleagues who vide any significant professional leadership as step out of line, before their bad professional- would have been expected. Local community ism spreads to the whole 'family' of journal- radio stations, continue to be saddled with the 49

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challenge of creativity in programming, many learning and professional improvement. When of them limiting themselves to news, current “town” fails to meet “gown”, graduating stu- affairs, discussion programmes, public service dents suffer. Tertiary institutions need to de- notices, religious and phone-in programmes velop a closer working relationship with their and music. Poor broadcast management and marketplace. Substantial work is required in planning and little creativity in programming, this direction given the major gaps that exist in have limited the real value to which commu- media performance of this dialogical relation- nity radio stations can be put all over the na- ship. tion. Second, producing students that have the re- Social Media, with its major platforms of quired academic training but limited skills re- FaceBook and WhatsApp, have become a sig- quired by the local professional need to be ad- nificant part of the media landscape. Private dressed. A senior editor of several years expe- businesses, development agencies and a cross rience described the problem this way: “I tend section of the population with access to mo- to support some newspapers in the provision bile phones, have discovered and used it vari- of technical guidance and review of copy. ously. Sadly, its uncontrolled use, in an envi- Most of the interns that come from some ter- ronment where social graces, media courtesy tiary institutions, cannot discern between an and tolerance are weak, have led to massive Editorial, an Opinion and a Story. Even basic misuse. And many media practitioners have language structure: present tense and past also not provided an example of the necessary tense, verbs, nouns, plural and singular nouns ethical etiquette required in using these plat- are all major challenges…” Pick up many forms. newspapers and you are “attacked” by poor grammatical structures; incomplete sentences; Another ethical imperative is that of Compe- minimal editing and the like. tence which aims to ensure that Sierra Leone’s media performance exhibits among its practi- A third challenge is the environment within tioners the knowledge and skill necessary to which the journalist works. This undoubtedly provide professional services competently. affects their ability to deliver quality product Media institutions and practitioners are ex- in a competent manner. Imagine having to vis- pected to attain and maintain an adequate level it a senior civil servant four times, before be- of knowledge and skill, and apply them to cli- ing granted an interview, or finally getting ents and the public at large. It includes the your pre-booked appointment only after a two wisdom to recognize the limitations of that hour wait! What does this say about the cour- knowledge and when consultation with other tesies required from members in government professionals is appropriate or referral to other or the public and the reaction and response professionals necessary. Practitioners and their from the practitioner? Clearly, there is work to institutions are expected to show a continuing do in revamping curricula and attitudes to- commitment to learning and professional im- wards media practitioners that have implica- provement. tions for competent media performance.

Three important challenges emerge. First, me- The last ethical issue is that of Integrity, which dia institution owners and trainers in academia simply demands honesty and candor which need to show a continuing commitment to must not be subordinated to personal gain and 50

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advantage. Media practitioners are placed in riod and were now being passed off as current positions of trust by clients, and the ultimate statements.” source of that trust is their personal integrity. Allowance can be made for innocent error and In sum, the writer David Berry is correct in legitimate differences of opinion, but integrity stating that “The worst professional offence a cannot co-exist with deceit or subordination of media practitioner can commit, is knowingly one’s principles. and deliberately publishing fiction as fact or lies as facts.” This is what seems to happen in This value perhaps more than any other, re- our media practice environment these days.” mains the greatest challenge to appropriate and acceptable media performance in Sierra The evidence of bad news afore-mentioned Leone. Stories abound of journalists having to may unwittingly suggest that very little has receive money for either writing a story; or been done to build and redirect the moral ensuring favourable coverage of an event or compass of media practitioners in Sierra Leo- an activity. Some journalists have stooped to ne. On the contrary, several steps have been the level of outright extortion. A top executive taken and continue to be identified, to build receives a mobile call and the muffled voice and redirect the moral compass of media insti- goes: “Sir, we have information on you and tutions and their many practitioners. The re- your business! You have to do something.” development and upgrading of the The Media And a true story is told of two journalists that Code of Practice, has provided a handy tool visited the General Manager of an internation- for all practitioners and institutions. The estab- al carrier with similar threats of being in pos- lishment of the Media Reform Coordinating session of critical and damaging information. Group of Sierra Leone (MRCG-SL) has led to Thankfully, the manager kicked them out of several training and re-orientation workshops his office!! across the nation, aimed directly at providing interactive sessions between media houses and It is common knowledge that most journalists those that prescribe media and communication have come to expect that they are to be paid policies for the country. The recent publica- “transport” to cover an event. No envelop no tion of a “Capacity Needs Assessment Re- story!! Consequently, NGO’s, agencies, Gov- port”, will undoubtedly strengthen media insti- ernment institutions and businesses are all in tutions to enhance performance through a quiet complicity to both encourage irresponsi- greater understanding of their gaps. ble professional behavior with the consequent downgrading of the responsibility of the prac- Sierra Leone’s state of media performance titioner. and responsibilities against the backdrop of the ethical issues outlined in this chapter, in- A respectable Magazine Editor in Freetown dicate slow but assured steps in the right direc- that I interviewed in May, 2016 described his tion. Negative influences that slow down real frustration with practitioners in this manner: “I change within the media workplace still was working with a journalist recently and the abound, but there also exists a relentless effort research that he did for the piece he was work- on the part of a few and committed practition- ing on, was 50% plagiarized from another ar- ers to do the right thing, regardless the cost. ticle written in 2012 and all the other quotes in To them we can say.. “ ….there is no problem the piece were taken from an even earlier pe- that does not have some underlying need for 51

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more optimism, stamina, resilience and col- sional Practice of Journalism (Africa Media laboration” This is the spirit for progress that Review ACCE) may be required by us all. The Media Code of Practice, Independent Media Commission, 2012

Okigbo, Charles (1990) “The Print Media and References National Development in Africa” in ACCE Module on Development Communication Goran HedebroTowards a Theory of Commu- Okigbo, Charles (1995) Media and Sustaina- nication and Social Change: A Critical View: ble Development: A Prologue, Media and Sus- Anthology: Historical and Contemporary tainable Development, ACCE Reading (2006) Randall,D. (1996) The Universal Journalist, Frost, C “Reporting for Journalists” (2nd Ed.) London: Pluto Press Routledge 2010 Kasoma Francis, (1996) The Case of Society- Rogers, E. M. Communication and Develop- Centred Media Morality: The Foundation of ment: The Passing of the Dominant Paradigm African Ethics (Afriethics) and the Profes- Excerpts: Everett M. Rogers.

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Chapter Eight

Media Failures: Expanding the Scope of Freedom and Responsibility in Sierra Leone

Ritchard Tamba M’Bayo, Ph.D. Professor, Communication and Media Studies Research Scholar Department of Mass Communication Fourah Bay College, University of Sierra Leone Email: [email protected] Phone: +23278574204 +23288562258

he list of media failures that I have developed in have catalogued in the following epilogue. Hence, the this closing section of this 2015 State of the Me- failures I have highlighted should be seen as useful prop- T dia Report is neither exhaustive nor sacrosanct. It ositions of the media reform agenda in Sierra Leone. is meant to be heuristic in the sense that it should provoke further conversation and focus media attention on some of (1) the significant but neglected issues in the discourse on Failure to Democratize Mass Communication media reform and performance in Sierra Leone. But, be- Channels and Systems fore I present my views about media failures, let me share with you my statement at the SLAJ Annual General Meet- As in politics, so also in democratic communication, de- ing in Makeni in 2014, where I was a key presenter: mocracy implies broad based participation in the channels of mass communication. However, with the obsession “Despite (the) shortcomings, the media environment with “national” and urban politics, the primary focus of (in Sierra Leone) is more vibrant today than ever be- the media in Sierra Leone is on Freetown and its environs. fore, and media practitioners are generally out- Except for the relatively new phenomenon of community spoken and have taken on important personalities to radio, mainstream media, particularly newspapers and account for perceived misdeeds against the interest television, have not been able to extend participation to of society, even if this is done in poor grammar and much of the country, leaving the provinces and rural pop- journalistic syntax, and often without recourse to ulations to endure persistent information, communication, professional journalistic standards. and news blackout. Almost all newspapers are published and circulated in Freetown; television stations are also “The press in Sierra Leone is an unlovable institu- mainly based in Freetown. With this prevailing situation, tion. But, given our collective cultural consciousness news and information get to the provinces mainly through of our recent past – the military insurgencies of the filtration via gossips, rumors, and opinion leaders who 1990s, the civil war, the struggles to reconstitute the attend to the media and pass information on to their con- political order, our not-so-perfect democratic elec- stituencies with their own colorations. tions, the resurrection of a nearly failed state, and the survival of our media practitioners against the most (2) perilous odds, and sometimes in the face of inflexi- Failure to Refrain from Practices that Society ble political authority – our country would not have Condemns been a safer place for us to live without our press and the men and women of the journalism profes- There are persistent calls from the public for media insti- sion.” tutions to do some serious house cleaning. Many journal- ists and newspapers have become notorious for engaging Having said this, let me now propose what I call as me- in practices that society generally condemns – disregards dia failures as the struggle for media freedom and re- for facts, fairness, accuracy, objectivity, and violations of sponsibility continues. Almost every chapter of this professional ethics and codes of conduct. There is a seri- year’s report has made some reference to the failures I ous erosion of the tradition of excellence and profession- Sierra Leone 2015 State of the Media Report

alism in Sierra Leone journalism. Media owners and prac- As Gicheru (2014) suggested, the role of independent titioners need to engage in some introspection to offer newspapers should go beyond just keeping watch on gov- redemptive measures. ernment and exposing malfeasance. The media should promote tolerance and reconciliation, educate citizens This is a well documented media malaise, which media about their civic rights and responsibilities, and “mobilize analysts as well as members of the profession the public to become engaged in politics; informing the acknowledge. Media owners and practitioners will find public about government performance and informing pol- instructive lessons from the American experience as they icy makers about citizen interests and policy outcomes.” engage in efforts to resolve or ameliorate these perennial (Gicheru, (2014). And, to paraphrase Thomas Jefferson problems. (1878, p. 215), in a democratic society, everyone should not only receive newspapers, they should be capable or In the history of American journalism, for example, the reading them. names of Joseph Pulitzer and William Randolph Hearst were once associated with the worst about their profes- (4) sion. They were the progenitors of , Failure to make an Impact on Poverty, Corruption, , and the worst offenders of the journalistic and Socio-Cultural Degradation codes of ethics. They sold the idea (successfully in their days) that sex, crime, violence, and political scandals, sell The media have contributed and continue to contribute newspapers, and they became extremely wealthy media toward promoting the democratic culture, but their impact barons of America in the 18th and early 19th centuries. on key socio-economic and cultural problems – corrup- tion, poverty, malfeasance, youth crime, lawlessness, etc. Sierra Leonean journalists must have learnt something – remains significantly low. from these gentlemen as newspaper banner headlines of- ten suggest, emulating the Pulitzer and Hearst tradition. Part of the reason is that media practitioners and media But these gentlemen changed and, under public pressure institutions lack the professional, intellectual, and practi- and threats from state legislators, they became the pre- cal experience to undertake and sustain investigative jour- eminent champions of professionalism in American jour- nalism projects. There is little practice or integration of nalism. Joseph Pulitzer, for example, bequeathed his me- this type of journalism in the general modus operandi of dia wealth to Columbia School of Journalism, which to- media practice in Sierra Leone. day administers the Pulitzer Prize Awards for best jour- nalistic practice. (5) Failure to Diversify Media Content (3) Failure to Provide Adequate Services to Meet the Media agencies generally have failed to diversity report- Needs of Society ing, and to expand the scope and reach of coverage. Di- versity of content will require reasonable attention to ne- Media freedom also calls for broader public participation glected but significant areas of public concern such as: in mass communication, and media institutions should not Environment (Environmental sociology), education, gen- only provide opportunities for broad public participation der, women, children and youth; health, corruption, crime, but should also ensure that newspapers in particular have etc a broader cognitive reach – that people can read and learn from these channels of mass communication to engage (6) effective in public discourse. In other words, the media Failure to be Independent should expand the public space for dialogue across the country on matters of public interest. In the strictest sense, there are actually no independent media in Sierra Leone. By definition, independent media Media institutions should not only provide opportunities are those free of government, political or economic con- for broad public participation but should also ensure that trol or association externally driven mainly by the need to newspapers are engaged with the key agencies of sociali- control and influence media content and media practice. zation – schools, churches, etc, and not simply to inform but to educate people as well. Almost all newspapers in Sierra Leone today are aligned with politics and political interests and they are too close

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to political power holders. Political bias dominates news abide by them as a learning process ... By doing so, the reports and commentaries, and reporters often cannot sep- independent media accept their share of responsibility for arate facts from opinion or fiction. the quality of public discourse in the nation, while fully preserving their editorial autonomy in shaping it.” (7) (Haraszti, 2008). Failure to be Innovative and to Develop Alternative Strategies for Economic Survival and (9) Profitability Failure to adopt Civic Engagement as part of the Editorial Policy It’s over 200 years since the Sierra Leone Gazette and Advertiser was established in Freetown as the first news- Civic Engagement is a commitment to public purposes paper in Sierra Leone. Yet, despite this two-century old and responsibilities intended to strengthen a democratic industry, the country is yet to boast of a truly national, way of life. It involves individual and collective actions relatively large and profitable newspaper reflecting designed to identify and address issues of public concern, changes in the global newspaper industry of the contem- not only to report them but to be engaged with communi- porary world (M’Bayo, 2014). ties seeking solutions to social problems. For example, teenage pregnancy, youth violence, promoting awareness Our papers have remained somewhat immune to the in- of the significance of the democratic right to vote, educa- dustrial transformations of the new millennium with its tion in all context, etc. How engaged are the media in the- unbridled innovations in communication technology. se processes? For media agencies, promoting confidence What we have instead are mostly tabloids that have re- building among people in the power of democratic culture fused to break with the old tradition and modus operandi as a means of bringing about desirable societal changes is of our 19th century trail blazers. They show little or no not only an obligation, it is also one way to serve the pub- creativity in design, typography and content creation. And lic good. building and reconstructing the narratives that will attract future historians remain quite challenging for many re- (10) porters. Failure to Understand the basic Purpose of Journalism Instead, Sierra Leone newspapers operate like small back wood cottage industries of sole proprietorships. With per- Who is a journalist? Jullian Harriss9 and his colleagues haps a few exceptions, they are not profit-making enter- have said it best: “Journalists are writers who deal chiefly prises; professionalism is low, and for some the key to in current events. As contrasted with some other types of sustainability has been to break the rules and test the de- writers who employ imagination in their quest for reader gree of tolerance of state authority to gain popularity ra- appeal, reporters must deal with facts. The chief role is to ther than through aggressive and credible investigative record what has happened and sometimes to analyze or reporting to expose corruption and malfeasance in the interpret what has happened or will happen. Occasionally, corridors of power. reporters give their own opinions on events they have reported, but opinion traditionally is not included in news (8) stories. Opinions are expressed on the editorial pages (or Failure to Develop Viable Self-Regulatory on radio and television commentaries).” Your passion for Mechanisms to Enhance Professionalism facts and your ability to write well, will set you as good journalist, apart from incompetent ones. Most media agencies do not have clearly articulated edito- rial policy that guide personnel in the efficient execution Media Poverty: of their professional duties. Such in-house policies will Bane of Journalism in Sierra Leone highlight what constitute violations of professional ethical codes, libel and defamation and how to avoid them with- Some of the failures described above come about by de- out compromising editorial integrity. fault rather than by intentionality. They are manifestations of the political and economic circumstances of the envi- Haraszti (2008) highlights the significance of self- ronment in which the media operate. regulation by defining it as “a joint endeavor by media professionals to set up voluntary editorial guidelines and 9 Harriss, et al. The Complete Reporter. 55

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Sierra Leone is a developing nation. This has huge impli- by this environment. Hence, some of the intractable prob- cations for all societal institutions, including the press. As lems of the media in Sierra Leone may be attributed to a developing nation, the socio-political and economic what I call as media poverty – the lack of access to re- problems associated with the state are also reflected in the sources needed to produce good quality stories: Infor- institutions of the society. In almost every aspect of life, mation, limited access to technology, limited research poverty is pervasive, and media operations – ownership, skills, poor remunerations, corruption in the media, management, and professional practice – are conditioned checkbook journalism, illiteracy, and so on.

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Chapter Nine

Ethical Challenges facing the Sierra Leone Media in the fight against Criminal Libel Law

Ethics is to the journalist as money is to the businessman; without the money there’s no business, and without ethics there is no journalism

Ahmed Sahid Nasralla (De Monk) National Secretary General of the Sierra Leone Association of Journalists (SLAJ). Cartoonist and Publisher Teacher Lemp Lemp Mob: +232 76470288 Email: [email protected]

efore I set out to write this article I did lieve most of the journalists are working for a survey of public perception about politicians, while 7% say the majority of jour- B journalists in Sierra Leone. I started nalists lack proper education. There were in- with visitors to my office and then various teresting responses to my question of why people I came across over a period of two they read newspapers (as depicted in the chart weeks. Unsurprisingly, the rating was low. below, listen to the radio stations or watch tel- About 55% of the interviewees expressed dis- evision. like and distrust for journalists; 25% say jour- nalists publish lies most of the time; 13% be-

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It may not be a sample representative ored to be proactive by inviting the Editors enough to draw credible conclusions on the and Station Managers to caution them. media landscape in Sierra Leone, but it cer- Quite recently the IMC summoned the Ed- tainly represents public perception of the itor of the Nationalist newspaper for publica- country’s media which may not be far from tion of a story headlined: “SLPP Incites Kaba- the reality. la Protest”, which the Commission believed The country’s media regulatory body, the had the tendency to undermine the peace and Independent Media Commission (IMC), and security of the State. In another instance bor- the Sierra Leone Association of Journalists dering on bad taste and indecency, the Com- (SLAJ) - the umbrella body for media profes- mission invited jointly the Editor of Aware- sionals are aware of the situation and they are ness Times newspaper and Station Manager of treating it as reality rather than perception. Radio Democracy 98.1FM in Freetown. The The IMC’s Complaint Committee sits every radio was in connection with a broadcast in week on complaints brought against journal- which they discussed Dr. Sylvia Blyden, Min- ists and their media houses by aggrieved per- ister of Social Welfare, Gender and Children’s sons. Almost all of the cases, mainly involving Affairs, while the newspaper was for a publi- the print media - newspapers to be precise - cation dated 22nd July 2016 titled: “Hon. Syl- border on ethical breaches of the IMC Code of via Blyden says FM 98.1 in Dangerous and Practice of 2007. In 2015 the Committee han- Nasty Journalism”. dled 39 of such cases. As of September 2016 it “Inasmuch as we fine them according to has already handled up to 28. the penalties prescribed in the Code, our main “Most times the issues are inaccuracy and focus is to guide them moving forward. We deliberate failure to crosscheck facts or get the show them sections they are in breach of and other side,” said Commissioner Sahr Mbayo, explain to them why it is important to abide by Chairman of the IMC Complaints Committee. the codes,” said commentator Patricia Ganda, “In some other cases the issues are character a member of the Complaints Committee. assassination, poor taste and indecency.” Some of the Editors and Station Managers In one instance, the Success newspaper that appeared before the Complaints Commit- published a story with the headline: “Mass tee in 2016 put up little or no defence at all, Resignation at OGI” when in fact it was only according to Commissioner Francis Sowa, an- two people - an office assistant and a volun- other member of the Committee. teer - who resigned. The Committee found out “They cannot defend their stories and they that the Editor made no reasonable effort to have no option but to apologise. In fact, some crosscheck his story before publication. In an- even claim they are not aware of the stories other case, the Spectator newspaper under the their newspapers published. That is how seri- headline, “Maada Bio Endorsed [sic] Abass ous the situation is,” said Sowa. Bundu” wrote this about the latter: “It could Interestingly, in its press releases on find- be noted that Dr. Abass Bundu was arrested ings of the Complaints Committee, the Com- and found guilty by the Sierra Leone Judici- mission only identifies the defaulting media ary, but was ordered to repay the money into houses and not the Editors or authors and Sta- the national coffers which he has yet to do.” tion Managers or presenters. When faced with Dr. Abass Bundu before the Similarly, SLAJ has come to the painful Complaints Committee, the Editor had no evi- realisation that the ethical deficiency of its dence to defend the article and wasted no time membership is a major stumbling block to its to apologise and promised to do a retraction fight for the repeal of Criminal Libel laws and apology on his newspaper. contained in the Public Order Act of 1965. In certain instances, especially where the “In all of our deliberations with key stake- publications and broadcast programmes have holders, including civil society and the gov- the “tendency to undermine the peace and se- ernment, the main concern has been that what curity of the country,” the IMC has endeav- assurance, or rather alternative, we will give to Sierra Leone 2015 State of the Media Report

protect the reputations of people,” said Kelvin have become very popular among Sierra Le- Lewis, President of SLAJ. oneans as a source of news and current affairs Even though Lewis is fully convinced, and have given rise to a new brand of journal- based on his experience of up to three decades ism media experts now refer to as ‘citizen of practice, that politicians are reluctant to journalism’. SLAJ and the IMC are aware of support the repeal of the criminal libel law be- the additional space the new media provide for cause they are using it to cower journalists, he freedom of expression and of the press but are insists “we cannot pay blind eyes to the ethical also wary of the immense ethical challenges shortcomings of majority of our colleague that come with it. While the IMC attempts to practitioners; this is real cause for concern for capture elements of social media in its newly us”. drafted Media Bill, SLAJ for now can only In Lewis’ hands was a copy of the New caution its membership to exhibit ethical and Age publication of Tuesday 30th August 2016 professional standards when using such plat- with the front page headline: “Over forms. $120,000… Investigate Joseph Kamara”. The “Social media is a new challenge we are subject of the article was the Attorney General grappling with,” said Lewis. “We cannot con- and Minister of Justice, Joseph Fitzgerald trol what people post on these new platforms Kamara, and his official vehicle (which the but we require our members to stand out as newspaper claimed cost $120,000) that was professionals.” But if you can’t stand out in involved in a road accident. The SLAJ Presi- mainstream media where there are regulations dent had just received an informal complaint and codes to guide you, you are less likely to from the Minister, who had no intention of do so in social media where it’s free for all. In pursuing the matter. Ironically, the Minister is fact, SLAJ has had to bail a couple of journal- one of the government’s focal points working ists (one of them Sam Lahai, the Association’s with SLAJ and the IMC in pursuit of the re- Assistant Secretary general for the Eastern peal of the Criminal Libel law. Region) detained on the orders of politicians “How do you explain or defend this?” for posting ‘defamatory’ news on WhatsApp, asked Lewis rather resignedly. “Just reading while other journalists (including the Manag- the headline of the story you see a clear mal- ing Editor of Independent Observer newspa- ice. They do not even care about the health per, Jonathan Leigh) have run into trouble for condition of the Minister and other people in- publishing stories in their newspapers which volved in the accident….” they culled from social media. On page 4 of that same publication, under “This is the situation we find ourselves,” the headline: “SHAMEFUL… SLAJ SUP- lamented Lewis. “While we are trying to bring PORTS THE ARREST OF JOURNALIST”, some sanity into our profession there are the newspaper attacked the Association for members who are refusing to cooperate and cautioning the Managing Editor of Future instead they seek to promote recklessness. Newspaper, Moisa Kekurah, who wrote a And if our colleagues continue to practice ir- “reckless” letter to Parliament requesting for responsibly, without regards for ethics, we an interview following allegations of financial will continue to face stiff opposition in our impropriety from an NGO called CHIRDI. quest to see the decriminalization of libel SLAJ acknowledged the right of the newspa- laws.” per to request an interview with Parliament, Lewis’ fear seems to resonate with but condemned the wordings of the letter, de- Winstanley Bankole Johnson, an avid follower scribing it as ‘reckless and disrespectful’, and of the news and a frequent guest writer in called on the Managing Editor to apologise, some of the newspapers. which he did remorsefully. “Insofar as media practitioners are reluc- This ethical situation is further compound- tant to recommend a more robust replacement ed by the advent of new media. Social media for Part 5 of the Public Order Act of 1965 that platforms such as WhatsApp and Facebook in addition to guaranteeing their own freedoms

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will also protect and further guarantee citi- Furthermore, SLAJ is also strengthening zens’ reputation against slander and libel, the its Disciplinary Committee (DC), giving it the ethics of the Sierra Leone media will continue necessary powers to punish errant members. to be seriously challenged,” said the politician The DC is also expected to be pro-active by and former Mayor of Freetown. calling errant members to book even before Expressing his own fears as a member of they are complained by aggrieved members of the audience, Johnson further said “tendencies the public. also exist for the Sierra Leone media to be “We believe the reviewed Code of Ethics challenged if structured guidelines do not exist and strengthening of the powers of the DC to certify and regularly monitor progressions will go a long way to improve the conduct of within the profession through equally struc- our membership,” said Lewis optimistically. tured and well co-ordinated training schemes Equally, the IMC has presented to Gov- that could preclude rookies with the necessary ernment a draft IMC Media Bill together with political connections from catapulting them- its reviewed Code of Practice. If enacted the selves into positions of prominence they hard- Commission believes its independence and ly qualify for, only to compromise ethics”. powers will be strengthened and it will now Johnson may be referring to a future prob- have the teeth to bite without fear or favor. lem that has been with us for the past decade Furthermore, there’s also talk of the formation and more, and has been smearing the image of of an independent panel that will vet Editors the Sierra Leone media. Indeed, gradually, the and Station Managers before they are granted line between journalists and politicians ap- licenses to practice as such. Beyond that, the pears to becoming blurred to the extent that proposed media bill, according to the Com- we now have ‘political journalists’ or ‘journal- missioners, if adopted will redundant sections ist politicians’. Today we see journalists refer- of Criminal Libel in the Public Order Act of ring to themselves proudly as ‘Koromaists’, in 1965. support of President Ernest Bai Koroma and However, such Code of Ethics developed his All People’s Congress (APC) Government. by national professional groups like the Sierra Other journalists have openly declared their Leone Association of Journalists (SLAJ) or support for various flag-bearer hopefuls hop- regulatory bodies like the IMC are merely ing to succeed President Koroma on the one broad statements of principles that should hand and those seeking to lead the main oppo- guide journalists in the practice of their pro- sition Sierra Leone People’s Party (SLPP) on fession. Equally important as ethics, and the other hand, ahead of the polls in 2018. In which is often not taking into account, is the either case, the journalists look forward to set of values internalized in the heart of the compensation in the form of appointments to journalist, not just a set of principles written in lucrative offices or other favors. It is usually a booklet or hung on a wall. Ultimately, it situations like these, when journalists try to boils down to personal ethics - personal values get rich by all means, or aspire for lucrative applied to the work of journalism. A journalist political appointments, that they put ethics cannot separate his ethics of journalism from aside. the values he holds as an individual, which he Nonetheless, while SLAJ is vigorously acquired from a number of sources such as pursuing the repeal of criminal libel laws, the family, community, religion, school, friends, Association is also strengthening internal con- and peer groups. trol systems in the area of promoting respon- This point is buttressed by the Ghanaian sible practice through self-regulation. It has media professor, Kwame Karikari, in his pub- completed the review and validation of its lication ‘Ethics in Journalism: Case Studies of Code of Ethics, incorporating penalties for Practice in West Africa’ when he argues that breaches. The Code of Ethics will be popular- in considering journalistic ethics and their vio- ized among its members across the country, lations we must take into account “the moral urging them to abide by the guidelines. integrity of the journalist, his sincerity or oth-

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erwise, his technical skill and creativity, his politicians or highly placed civil servants with education and training, as well as the demands trumped-up allegations of corruption and of civil society, and the prevailing moral threaten to publish if they fail to pay to ‘kill standards of the political and social elites who the story’. wield both power and wealth” (Karikari, “Most of the reporters are either underpaid 1996:145). or not paid at all. So they have to look out for In this context, Francis B. Nyamnjoh ar- stories that will bring in money in return for gues in his paper, “West Africa: Unprofes- publications. In this kind of situation, the re- sional and unethical journalism” published in porter cares less about ethics. It is a big ethical 2000, that while journalists are certainly to issue, but it is also a big welfare issue that we blame for most of these ethical excesses, it are trying to address by engaging media own- would be wrong to ignore the mitigating cir- ers,” said Bah. cumstances under which they practice. The In her book: ‘Mass Media Freedom and journalist is first of all a member of the com- Democracy in Sierra Leone’, Bernadette Cole munity, and whatever he gives out is often a (1995), highlighted a similar situation: “… reflection of that community. poor salaries and poor working conditions are Indeed, continued Nyamnjoh, codes of equally a constraint. Newspaper publishers ethics have meaning only if they are derived have capitalised on the helplessness of the job- from a context that is conducive to their im- seekers, who have not been guaranteed regular plementation or practice. He wrote: “A code salaries. No firm arrangements are reached, as of conduct that treats truth as a virtue, de- the publisher is often more interested in what- nounces corruption and encourages honesty or ever commercial gain he can muster than in fair play would have a difficult time getting professional excellence. This has inevitably implemented in a society that pays lip service led to prostitution by journalists or to what one to truth, condones dishonesty and overlooks may term a hand-to-mouth journalism, if not a corruption by making the political survival of journalism of misery”. dictatorship the only thing that counts. The It is this poor economic situation of the point here is that the media are a reflection of media that is undermining ethical and profes- their society and that if the politics and culture sional practice. Cole puts it succinctly that of the larger society are essentially dishonest, professional journalists in Sierra Leone find corrupt, obscene and immoral (or unethical), it that “if they work outside the media, they is very unlikely that the media would be any would get better emolument, quicker promo- different or that they would have the political, tion, more serious attention to their training legal and moral empowerment they need to needs, better personal security, less chances of practice a journalism of tolerance, fairness, their being persecuted and better recognition accuracy and credibility, especially if matters and status. Consequently, many of the experi- are made worse by economic and financial enced journalists have left the profession for difficulties for the media and journalists.” more financially lucrative jobs either overseas A key context is the economic situation of or in other employment in the country.” the country’s media generally. In the absence Furthermore, a former Editor of For di of a regular salary (which is often meager) People newspaper, Sallieu Kamara, believes from their employers, reporters have devel- because newspapers are poorly-funded with oped ways and means of paying themselves on very limited printing facilities and advertising the job, said Amadu Lamrana Bah, President opportunities “some newspapers are bank- of the Sierra Leone Reporters’ Union. Such rolled and controlled by people that are not ways and means include attending only those professional journalists such as newspaper press conferences where transportation allow- vendors, politicians, business people, who de- ances are provided and befriending politicians termine the contents and editorial stance of the and serving as their unofficial PROs in return newspapers with the journalists being assured for favours. In extreme cases, they approach

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of their safety no matter what the newspaper fairness and objectivity, misrepresentation, churns out”. privacy versus the public’s right to know, con- Media ownership is another issue under- flict of interest, anonymous sources, gift and mining ethical practice, according to Kamara, favours from news sources, confidentiality and citing the fact that media houses, especially taste, among others. There are times of course newspapers, in Sierra Leone are largely owned when a choice is difficult to make between by individuals. “The ownership of media alternative actions, each of which claims to be houses contributes largely to journalists’ non- based on principle. This is unfortunate but it is compliance with professional ethics. The real and within its capable characteristics of the owners of newspapers, for examples, are most human condition. The journalist’s moral val- times faceless; the ones that the public deals ues make the difference in the choice he/she with directly are just there as fronts. These makes. Therefore, a fundamental principle of owners wield enormous economic and politi- the journalist ethical framework is loyalty to cal power, authority and influence. So they the facts; no matter what, please Do Not Lie! can do anything to defend and protect those Yet, a famous English writer, Dr. Samuel that they employ to run their newspapers, Johnson, once defined a journalist thus: “A which are mainly established to promote and reporter is a man without virtue who writes protect their personal interests and aspirations. lies for his profit”? It is for the journalist to This helps to nurture a culture of impunity by prove him wrong by upholding the highest journalists,” said Kamara. ethical and professional standards; for ethics is However, in ordinary experience certain to the journalist as money is to the business- moral positions or values should guide a moral man; without the money there’s no business journalist to determine what is good or wrong, and without ethics there is no journalism. and to deal with ethical challenges such as

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Chapter Ten

The Media in Sierra Leone’s Democracy: The State of the Debate

Isaac Masssaquoi Ph.D. Candidate Lecture, Department of Mass Communication Fourah Bay College, University of Sierra Leone Email: [email protected]

Abstract

ven the most passive observer of the Si- political change and the efforts to build demo- erra Leone media landscape knows that cratic institutions in contemporary society. E something is fundamentally wrong with the media’s recognition of their own place and Hence, how the media interact with the state and relevance in the democratic architecture of Sier- state operatives has continued to attract tremen- ra Leone. This study argues that in West Africa, dous interest from a wide range of institutions, democracy is in deep trouble because the institu- individuals, governments, international NGO’s, tions that underpin it have not necessarily failed, and the donor community, who have invested but are facing serious threats of decay and may huge social and political capital to promote de- eventually fail unless something drastic is done. velopment and peace and to build a democratic It further attempts to give a critical assessment society in Sierra Leone (M’Bayo, 2014). of the state of ongoing debates about the place of the media in Sierra Leone, a transitional The development of genuine democracy is vital democratic state. to Sierra Leone’s recovery from the traumatic misrule and violence that have plagued the Key Words: media landscape, transitional de- country for decades. Democracy involves more mocracy, media debates, media laws, nation- than successful elections or good governance; it states, political systems promotes popular participation in governance, and transparency and accountability of public As M’Bayo (2014) asserts, throughout contem- officials in conducting the affairs of the state. porary Africa, the media continue to insist upon their place in the arena of politics. This is more According to Hull (2004), a successful democ- so now in the era of the democratic evolution as racy depends on various institutions to enforce the nation-states in Africa move from dictatorial transparency and accountability. It requires an and authoritarian regimes of the past to plural- independent judiciary and civil society organiza- istic and progressive political systems of con- tions to protect the rights of all citizens and, temporary society (M’Bayo, 2014). One of the above all, independent media institutions to key tests to measure how democratic and pro- serve as watchdog, to ensure essential checks gressive nations are is how open and free the and balances in state governance, and to inform media are in holding leaders to account, giving and educate people about their government. people a voice, and providing sound information about issues affecting the state. Historically, this Meritt (1999) argues that the gap between citi- idea was solidly rooted in the nationalist strug- zen and government has grown. Citizens do not gles for political independence in Africa, and trust their governments to properly tend to their they are today manifested in the fight for socio- important matters but are increasingly less in- 63

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clined because of the pressures of their personal the media as one of the many democratic institu- lives, to tend to the issues that affect them. tions that failed the country in some sense. By 2004 after the civil war was officially declared Meanwhile, he argues that the dispiriting list of over, the TRC was bold enough to say, in its long-standing national problems such as crime, final report in reference to the media’s possible a lagging educational system, dysfunctional role in conflict, that a culture of debate and families and environmental deterioration grows principled reporting still remains unattainable rather than shrinks. Discussions about solutions for most media practitioners in Sierra Leone degenerate into shouting matches across an ide- (TRC, 2004). ological gap that is a false construct of extremes designed by politicians and perpetuated by jour- Consequently, the average Sierra Leonean has nalists. Such false framing leaves citizens with no confidence in the media either for newswor- little hope for resolution of their problems and, thy stories or informed editorial analyses. The worse, virtually insures that nothing good can poor financial state of most of the media houses happen. implies that the journalists are only paid a pit- tance. Many journalists are therefore inclined to This occurs because the presentation of issues as practice blackmail, whereby people about whom having only extreme solutions attracts some cit- they have received unsavory information are izens to one or the other of the poles, whereas it ‘compelled’ to pay them to prevent information convinces others, the majority who tend toward from being published. Public figures who have the middle ground on most issues, that they and attempted to call the journalists’ bluff are re- their more moderate views are not and cannot be warded with sustained negative reporting. In part of the debate. Either way, true deliberation order to protect their reputations, many people that can lead to consent about important issues embark on criminal prosecutions for defamation is foreclosed; so the problem persists year after against the erring journalists. Thus, both press year, decade after decade. and public are ensnared in a vicious circle which is all too often squared by the intervention of the With particular reference to the media in Sierra ruling party (ibid). Leone, the people have come to increasingly rely on them to act beyond their traditional role By 2005 the Sierra Leone media recorded some of sporadically reporting the actions or inactions growth in terms of infrastructure – the technolo- of politicians, big businesses, sport personalities gy, personnel, professional training and range or some flawed characters, to now help them and quality of reportage. Much of that, in the make informed decisions after being educated post war period, has been down to massive in- on the issues. This comes against the backdrop jection of foreign development money from of credible arguments about the media them- Britain, The and George Soros’ selves either being absent from this space or ap- Open Society Initiative for West Africa, pear now as part of a political culture that sus- OSIWA. The money was targeted at opening up tained unquestioning subservience to power the democratic space by giving people previous- even in the face of a failing political system. ly left outside of all manner of media a voice for the first time. In particular, the support expand- It may not be wrong to look too far into history ed the fledgling community radio sector to get a sense of why we are talking about the throughout the country and trained hundreds of Sierra Leone media along these lines. In the journalists. Over 100 radio stations are currently immediate period following the end of the civil registered with the Independent Media Commis- war, the Truth and Reconciliation Commission sion (IMC). Most of them, however, still face (TRC), which was set up to produce an impartial significant challenges such as that posed by an historical record of how Sierra Leone was in- unreliable power supply. Out of that number, volved in one of the most destructive civil wars more than 35 are commercial and religious sta- ever fought on the African continent, identified

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tions that have increased the diversity of content Rosen (1999) identified four standpoints from in the Sierra Leonean radio spectrum. which the US media could play a significant role in enriching American democracy. Applied In 2013, the European Union Observer Mission to the contemporary media and democracy de- to Sierra Leone which monitored the general bate in Sierra Leone, the standpoints are rele- and presidential elections of November stated in vant. “Journalists would do well to develop an its report that the media environment in Sierra approach that can (1) address people as citizens, Leone was lively and diverse. Liberalization of potential participants in public affairs, rather the sector in 2002 contributed to a proliferation than victims or spectators (2) help the political of media houses around the country, mainly in community act upon, rather than just learn the form of radio stations. The development of about, its problems (3) improve the climate of the sector, however, continues to face major public discussion, rather than simply watch it challenges due to lack of financial resources, deteriorate, and (4) help make public life go weak infrastructure, a shortage of electricity, well, so that it earns its claim on our attention… and the lack of a skill base on the part of many journalists may in time restore public confi- journalists. dence in the press, reconnect with an audience that has been drifting away, rekindle the ideal- M’Bayo (2014) notes that as the democratic pro- ism that brought many of them into the ject unfolded in recent years, Africa has experi- craft…”(Rosen, 1999, p. 262). enced what some observers have called a ‘media explosion’ characterized by the increasing num- African scholars like Francis Kasoma (1996) ber of media outlets – print and electronic - as look back to the period immediately following well as the diversity of media ownership and the the return to multi-party in the 1990s to under- diversity of voices across the media landscape. stand how the media play their role in nourish- This may suggest an increasing level of the de- ing democracy on the continent. He argues that gree of some kind of freedom – the freedom to the media are playing to the gallery of political publish and to own various forms of the media. parties as they engage in one political character He explains that because these are transitional assassination after another in their jostling for democratic states, the climate has not been en- political power. He believes that unfounded ac- tirely free of the traditional legal hurdles and cusations against those in government can do propensities of the state to resort to repressive harm to society. Because, according to him, measures in dealing with the media. In the past “even Africa's dirty politicians and most of them as it is now, these tendencies have pitted the really are, deserve justice and fair-play from the state against the media and, quite naturally, the media and should not be accused, tried and sen- media in turn have had recourse sometimes to tenced by the press of wrongs they have not challenge the very authority and legitimacy of committed. Many African journalists behave in the state in the context of the democratic culture. this way because they have a selfish and self- centered approach to journalism rather than a But there are questions surrounding the role the societal one” (Kasoma, 1996). African media have been playing in the suste- nance of democracy on the continent. Journal- Hull (2004), a former US ambassador to Sierra ism is expected to perform an important political Leone was equally scathing about the country’s role in liberal pluralist societies, feeding and media in relation to their democratic functions, sustaining the democratic process by supplying noting that: “My concern about Sierra Leone is the information they require to make rational that many publishers, editors and reporters ap- electoral and economic choices. Journal- pear to compromise their professional standards, ism…underpins democratic institutions by keep- not because of government intimidation, but for ing voters informed about the things they need political advantage or financial gain. I made a to know (McNair, 1994). statement last week about corruption, which many of you reported, that mainly addressed

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graft and conflict of interest by government of- This conclusion, like any such matter, did not ficials. Corruption takes many forms, however. receive universal support from among a broad When journalists knowingly publish distortions, spectrum of practitioners and other members of half-truths, rumors, unsubstantiated allegations, American society but it set in motion a chain of and outright lies, they engage in intellectual cor- events that would lay the foundation for the kind ruption that is as corrosive to democracy as any of media driving the wheels of that country’s other form of malfeasance, and thereby betray democracy. M’Bayo (2014), notes that there is the public trust. In a democracy, journalism plenty of evidence of hostility toward the press must be balanced and fair to be credible” (Hull, in Sierra Leone over the years. “The heavy- 2004). handed approach in the way past administrations have dealt with the press is also well document- Up to this point in this article it seems that the ed. But what is also true is that media practi- media in Sierra Leone may well have negatively tioners need to do some serious house cleaning impacted the democratic growth of the country. because they have not always met the public’s Be that as it may, there are well founded reasons expectation in the performance of their duty” why expecting a golden era of Sierra Leone (M’Bayo, 2014). journalism at this time may be a little unfair. Maybe there are other approaches to consider in The state must be aware that stringent press diagnosing the technological, professional, ethi- laws and regulations alone will not improve cal and financial shortcomings of the media that journalism. Journalists and media practitioners may have impacted the performance of the me- can improve the profession through collective dia in the interest of the people. In the 1940s, effort and commitment to create an enabling en- similar concerns were being raised about the vironment for professional journalistic practice. trend of American journalism in relation to their What is needed are progressive media regula- democratic mandate. Time Magazine founder tions that are mindful of the country’s democrat- Henry Luce asked former Yale classmate Robert ic culture, including the public’s right to know, Hutchins to head a blue-ribbon panel to explore the right to free expression of ideas, and above mounting problems facing the press. Luce and all the freedom of the press (M’Bayo 2014). The Hutchins feared low journalism-newspapers and efforts by the state must be acknowledged, de- the so-called "pulp press" of mass culture and spite its own shortcomings, toward improving society--was inching toward government inter- journalism in the country. The government may vention due to rapidly increasing concentration seem to be at odds with the press sometimes, but of media power in fewer and fewer hands, the everyone understands that no matter how un- failure of those few to provide adequate service, lovable media practitioners might be, the state and the perception of irresponsible behavior by cannot function effectively without the press. journalists and media owners. In general, the media must consciously move The Commission said newspapers should rede- beyond routine journalism. The challenges fac- fine themselves as "common carriers of public ing Sierra Leone are such that those who con- discussion" by providing: a truthful, comprehen- sume all forms of media need more than aware- sive account of the day's events in a context ness-raising. They need interpretation, they need which gives them a forum for the exchange of context and to some extent they need direction comment and criticism, a means of projecting as they make important national decisions like the opinions and attitudes of the groups in a so- determining electoral choices and continuously ciety to one another and a way of reaching every holding their government to account. member of the society by the currents of infor- mation, thought, and feeling which the press supplies (ibid).

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Conclusion “Anachronistic relics of another era, and are viewed by most of the world as oppressive. No debate about the media’s place in Sierra Le- While a government may gain some imme- one’s democracy will be complete without the diate satisfaction from a criminal libel con- mentioning of some of the most restrictive me- viction, the plain reality is that anyone con- dia laws in that world that journalists and civil victed under a criminal libel law will be re- liberties groups believe make it impossible for garded internationally as a martyr for free- the media to perform their watchdog function dom of the press and the convicting gov- effectively without the authorities cracking ernment will be viewed negatively regard- down on them. The campaign to end criminal less of the circumstances of the case” (ibid). and seditious libel prosecutions in Sierra Leone has been going on for the last two decades. There was a broad agreement among all groups at a September 27, 2016 symposium on the re- Successive governments have maintained these form of the criminal and seditious libel laws in laws to shield themselves from sharp criticisms Sierra Leone that it was time to expunge those from the independent press in particular. So laws from the books. Ransford Wright who while Section II, Chapter Eleven of the 1991 heads a coalition of media stakeholders called constitution of Sierra Leone mandates the press the Media Reform Coordinating Group told the to hold the government accountable and to high- symposium that: “It is quite clear that the spirit light their responsibility to the people, Part V of of the criminal and seditious libel laws does not the Public Order Act of 1965 virtually wipes out conform to current democratic ideals ... Repeal any possibility of the media engaging in that will free the media space and open avenues for kind of journalism that could bring about change more investment that will significantly address without offending the law. In the landmark New systemic problems within the media industry. York Times vs. Sullivan case, US Supreme Wright (2016), has observed that: Court judge at the time Justice Wil- liam Joseph Brennan argued that ‘speech con- “Transparency and accountability are key cerning public affairs is more than self- principles in democracy and they enable cit- expression…it’s the essence of self- izens to have their say in a democratic socie- government.’ He said in his ruling that: “We ty. Truth and Accuracy are key principles in consider this case against the background of a Journalism. In this millennium age, a coun- profound national commitment to the principle try that supports open government initiative that debate on public issues should be unhin- should not criminalize libel. That’s an dered, robust and wide-open, and that it may anomaly. This year marks exactly 51 years well include vehement, caustic and sometimes after this law was enacted. We are not call- unpleasantly sharp attacks on government and ing for a free and irresponsible media but a public officials…” media that will be regulated with civil laws. Take the criminal off the Libel and provide a Former US ambassador to Sierra Leone argued space for the media to grow!” that democratization in Sierra Leone is ill served by the criminal libel provisions of the Public There is considerable optimism in Sierra Leone Order Act of 1965, and urged government to that president Ernest Bai Koroma was finally have the Law Reform Commission review the delivering on an election promise he made in law for possible repeal. At the same time, he 2007 to repeal Part V of the Public Order Act of emphasizes that journalists who libel the Gov- 1965. The country’s main bi-lateral donor Brit- ernment or anyone else should face civil penal- ain has supported the preparation of the case for ties for the harm they have caused, otherwise the repeal of criminal and seditious libel laws in some journalists may act as if they have a li- Sierra Leone. Information Minister, Mohamed cense to libel” (Hull 2004). He described crimi- Bangura, confirmed government’s commitment nal and seditious libel laws as: to repeal the laws. These recent events are rare

67 Sierra Leone 2015 State of the Media Report

shafts of light on an otherwise bleak two dec- http://press.uchicago.edu/ucp/books/book/ch ades old picture of arrests, detentions and con- icago/F/bo3634057.html. [Accessed tinuous agitation against restrictive media laws. 16/10/2016] The Attorney General and Minister of Justice, Kasoma, F. (1996). The foundations of African Joseph Fitzgerald Kamara, told the annual con- Ethics ference of the Sierra Leone Association of Jour- (Afriethics) and the professional practice of nalists (SLAJ) in 2016 that: “There is no simple journalism: The case for society-centered resolution to this long-standing debate…I be- media morality. lieve that democracies must judge the issues on Lewis, A. (1991). Make No Law. New York: a case-by-case basis, taking into account the Random House, domestic political context of the era. And each M’Bayo, R. (2014). An Introspective Look at citizen has the responsibility to articulate his or the Sierra Leone her own position and to take part in broader dis- Media: Professionalism and the Public cussions about how to balance the fundamental Good. Makeni: values of liberal democracies. In light of the ev- Presented at the SLAJ Annual General idence available, and as a contribution to the on- Meeting 6 June. going debate, my position is that restrictive laws McNair, B. (1994). News and Journalism in the are the most easily justified if they punish ex- UK. 5th (ed), pression or opinion – as motive when it inflicts Park Square, Milton Park, Abingdon, Oxon, significant harm to individuals or if it incites OX14 4RN: Routledge violence or stirs up extreme hatred, but not Merritt, D. (1999). Public Journalism and Public when it is merely offensive, even if hurtfully so” Life: Why (Kamara, 2016). Telling the News is Not Enough. In Tumber, H. (ed.). References News. Great Clarendon Street, Oxford: Ox- ford University Press Blair, T. (2007). Title of speech. London: Rosen, J. (1999). What are Journalists For? Reuters. Available Yale: Yale from: http://uk.reuters.com University Press GANS, H.J. (2003). Democracy and the News. TRC (2004). Report of the Sierra Leone TRC. Oxford: Oxford Vol. 3A, Accra: University Press. Graphic Packaging Ltd Hutchins Commission (1947). Commission on Wright, R.S.C. (2016). Criminal Libel and the Freedom of Media in Sierra the Press, A Free and Responsible Press: A Leone. A speech delivered by the Chairman, General Report on Mass Communications-- Media Reform Coordinating Group, MRCG Newspapers, Radio, Motion Pictures, Maga- at the Symposium on the repeal of the crim- zines, and Books. Chicago: University of inal and seditious libel laws – September27 Chicago Press. Available from: – 28.

68 Sierra Leone 2015 State of the Media Report

Chapter Eleven

Gender Representation in the Media: A Review of the Status of Women in the Media; Progress, Challenges and Obstacles to Women’s Empowerment

Williette PRO James Ph.D. Candidate Lecturer Department of Mass Communication Fourah Bay College, University of Sierra Leone Email: [email protected] . Abstract

n this piece, the writer presents the current is not addressed, it will take over seven decades status of women in the media in Sierra Leo- for the media to achieve gender equality. In the I ne, the progress women have made so far, same vein, researches done in Sierra Leone over the challenges and obstacles they encounter, the years have proven that the media in Sierra and recommends the way forward to enhancing Leone have to consciously and earnestly work Women’s empowerment within the media. on the issue of stereotyping and portrayal of women for women’s representation to be fa- Media depictions of individuals go a long way vourable. (Anani, Keita & Rahman, 1981) and in stating the views and perceptions of society. (James, 2015) It is no hidden secret that media contents play a pivotal role in defining societal perceptions. The President, Women in the Media Sierra Leo- Most often than not, media set the agenda for ne (WIMSAL), Tiana Alpha in an interview la- issues they feel society should deliberate on, and mented on the fact that women working within most, if not all of the time, they inject into soci- the media are portrayed as being lazy, not able ety their opinions on those issues. Ultimately, to cover the same intensity of stories as their individuals’ opinions and how they go about male counterparts, having low level of education articulating them, and even how they associate than men, being more interested in soft stories, with each other are largely influenced by the and are prone to dating men more often. As she media. Holistically, how media portray issues puts it, the depiction reveals that “men are more and/or individuals on one hand, and how media capable of occupying senior managerial posi- consumers interpret them on the other hand, tions than women, and that journalism somehow clearly define representation (James, 2015). is solely a profession for men and not for wom- en.” This negative media representation of Globally, the media have faced criticisms for women over the years, caused many women to failing to articulate women’s full potentials by quit the profession, and others were discouraged portraying their participation at the different from entering as they saw it inimical to the basic layers of society; the economy, community, African cultural expectation of womanhood. country, and internationally. Media have con- stantly concentrated mainly on the role women Progress play domestically. The UNESCO report (2009) Despite the forgoing gloom, female journalists pointed out an alarming spate of media stereo- have striven over the years to ensure that pro- typing of women and cautioned that if this issue gress is made on many fronts. Sierra Leone 2015 State of the Media Report

Between the 1960s and 1980s journalism in Si- woman, Femi Coker, was added to the list of erra Leone recorded a few vibrant women who female publishers. What makes this addition worked and also held top positions in the media. special is the fact that the newspaper she estab- Names like Josephine Hazeley who worked as lished, publishes only women’s issues. Despite producer and presenter for the British Broad- the numerous challenges with male vendors and casting Cooperation (BBC), Daisy Bona, editor refusal of advertisers to patronize the newspa- of Flash newspaper and became the first female per, the publisher mustered courage to ensure President of the Sierra Leone Association of the survival of the newspaper. She said; “I am Journalists (SLAJ) and of the West African not getting any financial support. I had to sell Journalists’ Association (WAJA) and several my vehicle to get enough money to run the others who worked in the Government Infor- newspaper, and since we launched ‘Women’s mation Service and also the then Sierra Leone Voice’, it has continued to be on the Service (Cole, 2013 p.2). stand.”

From the 1980s to now, there has been constant The evidence of discrimination against women progress, though minimal, in terms of the num- journalists in terms of remuneration is not over- ber of female journalists in managerial posi- whelming this year. Most of the female report- tions. Current research10has revealed that there ers interviewed focused mainly on the fact of are more women in the profession. Women in ‘increasing salaries’ rather than ‘salary dis- the Media Sierra Leone (WIMSAL) has about crimination’. Koma Gandy-Williams a female 116 members across the four regions, and its reporter of Air Radio said; “There is no discrim- membership comprises female Journalists from ination because there is an established salary both print and electronic media. Apart from the scale based on sequence of arrival and educa- increase in women’s number over the years, tional attainment. Work schedule is evenly dis- more women have accessed and continue to tributed.” Most of the interviewees responded in hold leadership positions, though at a dawdling like manner with Koma, except for one female pace. This slow advancement is not only com- reporter who is also a student at the Mass Com- mon in Sierra Leone. Neiman Reports record munication Department, who when interviewed, that “Even in the United States, figures pro- responded as though what sounded as discrimi- duced by the National Federation of Press nation was accepted by her as fate. She said; “a Women (1993) show that women have been in- male staff with the same quantum of workload creasing their share of management posts by on- as myself is being paid better than me.” How- ly one percent per year since 1977.” ever, it came out during the research that gener- ally, most salaries paid to employed journalists Currently, the state broadcaster, the Sierra Leo- are above the minimum salary wage in Sierra ne Broadcasting Cooperation (SLBC) can boast Leone, that is not to say it is commensurate to of women heading both their radio and televi- work done. sion units. The media continue to produce fe- male editors and publishers at a snail’s pace al- Challenges so; Culture Radio 2, Concord Times 1, Sky ra- dio 4, Radio Democracy 3, Awoko Newspaper 1 As the Commonwealth Secretariat reports, de- and a few others. Also, earlier this year, another spite the level of progress women have made “since the UN named 1975-1985 as the Decade for Women, gender inequality/inequity persists 10 Research conducted for this study in August in all areas of life and all countries of the 2016 on ten media institutions and female re- world.” Quoting the 1995 UN Human Devel- porters: Culture Radio, Air Radio, Sky Radio, opment Report, the Commonwealth Secretariat Radio Democracy, Sierra Leone Broadcasting made it clear that “no country treats its women Corporation (SLBC), Awoko, Awareness as well as its men…in almost all countries of the Times, Daily Mail, Premier News and We Yone world...” (Gender Management Systems, 1999 Newspapers.

70 Sierra Leone 2015 State of the Media Report p.9) There is no form of insurance to cover the life of Generally, female journalists in Sierra Leone the journalists in case they are injured.” face challenges of sexual harassment, child care issues, low educational levels, poor conditions The nature of journalism is becoming increas- of service, enduring stereotypes, low salary, lack ingly challenging as the demand increases for of equipment and many more. news timeliness on all forms of media. As Franks (2013 p.vii) puts it, women are still ex- Sexual harassment is pervasive in Journalism in pected to continue to undertake “disproportion- Sierra Leone. All ten female reporters inter- ate burden in the home (either because society viewed during this research, attested to the fact expects it or they want to)”, and this he argues, that they had been sexually harassed. Social puts more pressure on women, especially if offi- media research done on the Sierra Leone Asso- cial tasks become taxing. Recently, health offi- ciation of Journalists’ (SLAJ) WhatsApp fo- cials in Sierra Leone have begun sensitizing rum11 on sexual harassment received numerous suckling mothers to breastfeed their babies ex- contributions from men and women alike, but clusively for six months, while employers still no woman gave a response of never being har- put maternity leave at three months. This new assed before in the line of duty. The question development brings with it an added challenge asked on the forum was; “Is there any woman that media owners have not catered for. on this forum who has never been harassed be- fore, either by her boss or any other male figure Obstacles in the line of duty? Please PV me.” Haja Kadie Johnson, a female broadcaster with 30 years of The general perception of male journalists as experience, lamented on the issue of sexual har- established earlier is that they are virile. Within assment as a challenge impeding growth and the media, they are always seen as touch and experience in the practice of Journalism. She capable of handling hard assignments; opined that if there has to be consistent growth coverages that require extensive analytical in the level of practice among women journal- skills. It is this set standard that women are ists, media codes have to strongly address har- judged by and as a result they are streamed into assment against them. covering soft news stories where they are al- lowed to show empathy, while the male journal- News Editor, Awoko Newspaper, Betty Milton, ists are given the opportunity to handle the in- frustrated at what she referred to as the “pov- vestigative issues. Though not all female jour- erty in the media,” associated that with the rea- nalists regard this issue as an obstacle, a few in son why most female journalists are prone to some long standing and established media hous- sexual harassment, ill equipped and unable to es identified them as a major obstacle to wom- access tertiary education in Journalism. She en’s advancement in the field of journalism dur- said some reporters have to rely on some of their ing the research. senior male counterparts to help them with funds to cover their academic costs. Conversely, the editor of Sierra Eye Magazine, Brian James, opposed this view. He said that the Koma Gandy-Williams on the other hand ex- first thing he considers when handing out as- pressed her frustration on how poverty in the signments in the newsroom is the strengths and media prevents women from gaining experience weaknesses of the reporters, whether they be in tougher areas of coverage. “The media houses male or female. James argued that if a woman do not provide any form of security for female has shown that she is capable of handling “hard journalists to cover hard news stories like riots. news” stories, and she would be able to add the most value to those stories, then obviously she should be allowed to do her work. Similarly, if a male journalist is better suited to a type of story, 11 This WhatsApp forum hosts over 150 prac- then he should be given the opportunity. He laid tising journalists.

71 Sierra Leone 2015 State of the Media Report bare the consequences of making the wrong proportional representation.” For these measures choice in such instances when he said; “…the to be effective, FAJ suggests that they must go danger comes when assignments are handed out with some form of mentorship and empower- on gender basis regardless of whether or not ment programmes backed by deliberate efforts they [both sexes] are fully able to meet the re- to end barriers to women’s participations within quirements of a given task. I find the idea that umbrella organisations. Debates on issues af- women should be given assignments simply be- fecting women must also be encouraged, with a cause they are women counterproductive. The view to curbing issues affecting women journal- reason is that if I give a female journalist an as- ists, especially those related to sexual harass- signment that I know she cannot handle, as the ment and remuneration. WIMSAL must work editor, I will end up having to do most of the assiduously to build themselves into a formida- work myself.” ble force that could articulate and effectively address the needs of their constituents. There Another issue highlighted by some female jour- must be a concerted effort of SLAJ, WIMSAL, nalists as hindrance to their empowerment is the Guild of Editors and the association of pub- what they refer to as ‘the negligence of proprie- lishers, to address female journalists’ reproduc- tors to give promotion to female journalists, or tive health demands within media institutions. employ women in managerial positions.’ The Finally, as Cole (2013, p.4) puts it; “With edu- reason generally posed for this attitude is that cation and training, coupled with a keen sense of women are over burdened with domestic duties, responsibility; good naturedness; seriousness of so employing them at managerial level is a risk purpose; respect for authority and adherence to to the progress of the business. Andrew Keili, the rule of law, rules and regulations of the es- Proprietor of Salone Times Newspaper, re- tablishment in which one finds oneself; and the sponding to this query said; “I appointed the innate desire to always succeed in spite of the first female managing editor of a major newspa- challenges, women in the media will move to per in Salone Times Publications based on com- the top where they will wield power, authority petence and commitment. I have always be- and influence not only over their subordinates, lieved that women can make good managers and but as equal partners amongst men at the helm in our kind of societal setting could even outper- of affairs in the establishment.” form their male counterparts as they could be less susceptible to some of the extraneous fac- References tors that hamper performance. I have had expe-1. Anani, E., Keita, A., and Rahman, A., (1981) rience of working with some good female jour- Women and the Mass Media in Africa: Case nalists in my media outlet and find some of Studies from Sierra Leone, the Niger and them highly committed and progressive. I have Egypt. African Training and Research Centre put some of them in managerial positions and for Women. will certainly not be averse to promoting others 2. Cole, B. (2013) Paper presented on Empower- based on merit when vacancies arise.” ing Female Journalists for Leadership posi- tions in the Media. The Way Forward 3. Commonwealth Secretariat (1999). Gender Management System [Internet]. Available Mapping the way forward, effort must be made from: to increase female journalists’ representation eldis.org/vfile/upload/1/document/0803/ID3003 within the leadership structures in the media. 1.pd [Accessed 22 August, 2016]. To achieve this, the Federation of African Jour-4. FAJ Draft Gender Policy (2011). All – African nalists12 (FAJ) proposed reservation of seats for Conference on Media and Gender women in the umbrella organizations by em-5. Franks, S. (2013) Women And Journalism. ploying a “quota system including fixed and I.B.Tauris & Co. Ltd, Reuters Institute for the Study of Journalism, University of Oxford

12 See FAJ Draft Gender Policy (2011 p.3)

72 Sierra Leone 2015 State of the Media Report

6. James, W. (2015) Gender Representation gender-in-journalism/ [Accessed 24 August, within the Media in Sierra Leone. Media Re- 2016]. form Coordinating Group (MRCG) Media Re- 8. The World’s Women (2015). [Internet]. Availa- view ble from: 7. Nieman Reports, Women & Journalism Inter- unstats.un.org/unsd/gender/downloads/Worlds national Perspectives. [Internet]. Available Women2015_report.pdf> [Accessed 22 August, from: 2016]. http://niemanreports.org/articles/reporting-on- 9. UNESCO Report 2009

73 Sierra Leone 2015 State of the Media Report

Chapter Twelve

Media Reform Agenda: Focus on Media Training and Education

Ritchard Tamba M’Bayo, Ph.D. Professor, Communication and Media Studies Research Scholar Department of Mass Communication Fourah Bay College, University of Sierra Leone Email: [email protected] Phone: +23278574204 +23288562258

he ongoing media reform agenda in Sier- UNDP and MRCG-SL the CoE is evolving to be ra Leone, an initiative of stakeholders the most tangible achievement of the MRCG T committed to improving journalism and media reform effort, and potentially the most media practice, recognize media education as a significant catalyst in promoting the training and key element in promoting excellence and pro- education of journalists, professionalism, effi- fessionalism in Sierra Leone journalism. Almost ciency and quality performance of media practi- all conversations about the problems and chal- tioners. lenges of the media, including the submissions in this edition of the State of the Media Report, New programs ranging from Diplomas, Bache- acknowledge professional and academic training lor of Arts, Master of Arts, and the Doctor of as panacea for the ills of journalism in the coun- Philosophy in Communication and Media Stud- try. ies are now among the offerings of the Depart- ment of Mass Communication. The Media Reform Coordinating Group, in recognition of this fact, has made media educa- Significant progress has been made with regards tion a priority activity and has given substantive to the proposed programs of the CoE, including funding and moral support to academic pro- the new multimedia lab and a smart classroom. grams to enhance curriculum development and The goal, ultimately, is to create an enabling quality media training at colleges and universi- environment for media activity and to produce a ties. The concept of a Center of Excellence new generation of media practitioners as agents (CoE) as the capstone project of the MRCG-SL of social change, democratization and develop- is a product of this new thinking. ment

The Center has been adopted and is evolving to The Department of Mass Communication also become part of the academic culture at Fourah now play an advisory role to support on-going Bay College, University of Sierra Leone. The conversations about media reform and develop- university has not only acknowledged the Cen- ment and to assist the MRCG board in the for- ter as an element in the ongoing academic re- mulation and implementation of Board formu- form, but also as a model academic program that lated policies. could be emulated at other divisions across campus. The Department is leading concurrently the State of the Media Report and the Syllabus CoE and its proposed programs and curriculum Harmonization project. have already reached a milestone with the des- ignation of the new Mass Communication The Syllabus Harmonization project is the de- Building as the home of the Center. With the velopment of nation-wide standard syllabi and continued institutional support and support from course outlines at all mass communication pro- Sierra Leone 2015 State of the Media Report grams at tertiary institutions as well as poly- (See the chart on the next page for a line-up of technics offering diplomas and certificates in proposed programs of the Department of Mass journalism in the country. Communication).

UNDP/MRCG-SL/FBC Partnership for Media Education

UNDP/MRCG- SL/FBC CURRICULUM PROJECT

Curriculum New Senior Review Academic Staff NEW (Professor) CURRICULA

Bachelor of Arts Master of Arts BA MA

Print/B'Cast TRACK-2 Public Relations TRACK -1 Journalism Comm & Media Journalism Studies Redio/TV/Video Advertising Production TRACK-3 DevComm Multimedia Design

Doctor of Philosophy Certificate Program PHD

Work Force Development Courses

THE Syllabus Harmonization CENTER OF Project EXCELLENCE

Smart Multipurpose Classsroom Multimedia Lab

Academic eBrary Journal

Faculty Student Lounge Lounge

75 Sierra Leone 2015 State of the Media Report