(MISA/IFEX) – MISA is concerned about two pieces of legislation which may adversely affect media freedom and freedom of expression in Namibia. The two bills, the Diamond Bill and the Namibia Film Commission Bill, are in different stages of legislative approval but could be enacted at the latest before the end of the year. The […]
(MISA/IFEX) – MISA is concerned about two pieces of legislation which may
adversely affect media freedom and freedom of expression in Namibia. The two
bills, the Diamond Bill and the Namibia Film Commission Bill, are in
different stages of legislative approval but could be enacted at the latest
before the end of the year.
The first piece of legislation, the Diamond Bill, has been approved by the
National Assembly and is only awaiting final approval by President Sam
Nujoma in order to be passed into law.
Under Section 60 and 61 of this bill, the minister of Mines and Energy is
empowered to compel (by subpoena or otherwise) any person to produce
information or documents relevant to any inquiry which the minister has
undertaken. Failure to comply with such a directive from the minister can
result in a fine not exceeding N$100 000 (US$16 000), or a maximum
imprisonment of two years, or both.
MISA is concerned that these provisions could be applied to journalists to
compel them to reveal confidential sources of information. Given that the
diamond industry is one of the most important industries in Namibia, the
media will as a matter of course monitor and report on this industry and
pursue investigative reports which may rely on confidential sources.
Another piece of legislation, the Namibia Film Commission Bill, threatens to
inhibit freedom of expression by compelling foreign filmmakers to seek
approval for any prospective project they wish to undertake in Namibia. The
bill, which was introduced to parliament on 5 October 1999, will be debated
again on 14 October, and could be approved then, paving the way for its
enactment.
Section 20 of the bill says that any foreign person or company (i.e.
non-Namibian) may not “carry out any film production in Namibia, except with
the written authorization of the Namibian Film Commission”. The application
for such authorization must contain details of the content of the film
production, while an application may be turned down if, among others, the
commission feels that the film production “will not be in the interest of
Namibia or the Namibian film industry”.
The Namibian Film Commission, in terms of Section 5 of the bill, will be
largely made up of government representatives. The law says that of the
eight people who will sit on the commission, one will be a staff member in
the Ministry of Information and Broadcasting, one shall be nominated by the
minister of Trade and Industry, one shall be nominated by the minister of
Home Affairs, one shall be nominated by the minister of Environment and
Tourism and one shall be appointed by the minister on the basis of the
person’s special knowledge of, or experience in, the film making industry.
The rest of the commission will be persons nominated by the Namibia Film
Producers Association and the Chamber of Commerce.
MISA feels that the spirit and aim of the bill – to create an enabling
environment for film making in Namibia, and to set up a single body to deal
with matters pertaining to film making in the country – are commendable.
However, MISA fears that provisions in the legislation are problematic and
may even inhibit freedom of expression in Namibia, which will not only be
contrary to the country’s constitution, but may also discourage potential
foreign film makers from using Namibia as a location.
MISA is opposed to the authorisation of media practitioners or productions,
particularly where the criteria for such authorisation will involve matters
of content. The Namibian constitution guarantees the right to freedom of
expression and speech, which includes the right to media freedom and to
receive and impart information. MISA is thus opposed to the government
providing powers to a body which will be able to restrict these freedoms, as
is the case with Section 20 of the Namibian Film Commission Bill.
MISA agrees that prospective film makers need to satisfy immigration
criteria and uphold the law – e.g.. with respect to the protection and
preservation of environmentally sensitive areas – when working in the
country, and thus any application criteria for permission to film in Namibia
should be restricted to this.
Further, MISA is concerned that the nature of the proposed commission, with
a substantial representation of government bodies, holds out the danger of
political considerations influencing decisions with respect to applications
to film in Namibia.
In addition, the commission will be responsible for administering a fund to
support local productions. Applications for grants from this fund will be
made to the commission, and once again, every effort should be made to
ensure that the decisions to grant funding to local producers are done
independently and without any political considerations creeping in.
As such, MISA requests that the commission be established as an autonomous
statutory body made up of independent people, with relevant experience, and
who will be able to independently assess and decide on matters before it.
MISA is also concerned about the broad ambit of the bill through its
definition of “film” to include “any sequence of visual images recorded on
material of any description, which includes, but is not limited to,
audio-visual productions such as cinematographic film, video, television and
interactive media…”. MISA feels that news and current affairs production
by accredited practitioners should be exempt from the ambit of the bill, and
that these instead should be subject to the procedures regulating the press.
The Namibia Film Commission Bill was first unveiled in early 1997, but was
then re-drafted by the Ministry of Information and Broadcasting following an
outcry over, among others, the provisions for authorisation of film makers
and producers and the composition and status of the Commission. At the time,
the provisions for authorisation were applicable to local film makers as
well.
Recommended Action
Send appeals to authorities:
film makers wishing to come to Namibia, as contained in the Namibia Film
Commission Bill
content, they have the potential to restrict people’s right to freedom of
expression and speech
statutory body for the Namibian Film Commission, since such a body will
guarantee political impartiality when deciding on matters before it
Appeals To
Ben Amathila
Minister of Information and Broadcasting
Fax: +264 61 222 343Jeremia Ekandjo
Minister of Home Affairs
Fax: +264 61 223 817Hon Hage Geingob
Prime Minister
Fax: +264 61 230 648Jesaya Nyamu
Minister of Mines and Energy
Fax: +264 61 238 643
Recommended Action
Send appeals to the president:
to parliament for amendment such that the bill provides explicit protection
for journalists against the disclosure of confidential sources
crucial part of investigative journalism aimed at uncovering irregularities
or wrong-doing and that the forced disclosure of these sources will
effectively hinder the media in obtaining vital information
freedom of expression, which includes the right to receive and impart
information, and that the forced disclosure of confidential sources will
thus militate against this right
Appeals To
Hon Mr Sam Nujoma
President of Namibia
Fax: +264 61 221 780 / 221 770
Please copy appeals to the source if possible.
