Media authority defends decision to censure Fiji TV

Transcript

The chairman of the Media Industry Development Authority in Fiji is defending his decision to censure Fiji TV for broadcasting so-called hate speech.

Earlier this month MIDA ruled Fiji TV had breached the constitution and Media Decree for airing certain comments by a provincial chief during a visit by the regime leader.

The chief, Ratu Timoci Vesikula, is reported to have made remarks around Rear Admiral Frank Bainimarama's  stance on indigenous matters.

The Media Authority's chairman, Ashwin Raj, told Alex Perrottet, the Fiji media needs to change its mindset.

ASHWIN RAJ: The media can play a much more productive role, we tend to sensationalise, why was the Fiji TV exclusively focussing on this particular element of the speech so you know I've had to act on that and we will be in touch with Fiji TV. I don't want to be going out there sort of you know with a big stick and saying 'hey you know, you need to do this that and the other' I mean I've had to intervene only because of the timelines of it and the seriousness of it in the sense that look we're approaching national elections and if that is going to be the tenor of public discourse then I've got a problem and if I don't say anything about it then I'm obviously sleeping on the job because these things have a tendency to do an irreparable amount of damage. You know some of the most seemingly forward looking people in the country and commentators you know international journalists, they've been too busy trying to sort of berate what I'm doing without actually entering the protocols to recognise you know the kind of serious damage that is actually taking place in the name of freedom of expression. And to just throw it out there in the name of freedom of expression, you go around you know threatening the safety and security of individuals, that's not what freedom of expression was all about. The media should be free to do its work, they should report on critical matters but at the same time exercise reason, follow the media code of ethics and all of that.

ALEX PERROTTET: What's the decision making process because it seems it's a bit subjective to say 'well that's hate speech and that's not' what's your process? Others have said also is the deeming of these things hate speech, a matter for the tribunal to decide and to impose fines and things, not the authority, there's some concerns about those powers.

AR: No, one of the things I've realised is there is a serious kind of mis-interpretation of what happens. The decisions that I've made, if people really read the Media Industry Development Decree, I was working fully within my remit to make those statements. Now if somebody is not happy with the decision that I've made then they can then take it to the tribunal. It's interesting that the Fiji Media Watch doesn't have a clue about some of these procedural matters and what are the limits and powers of the authority. I've done my job so the next level of intervention as far as the kind of different kinds of penal liabilities kick in, that's the job of the courts.

AP: What did you then impose on Fiji TV, that they had to issue an apology or correct their record; what were the conditions?

AR: They just had to do a correction, they just had to do a correction because you know I said that I need to be in discussion with the Solicitor General about the kinds of fines that can be levied. But you know I've always believed that you need to change minds you know I believe in freedom of expression but yet at the same time we need to ensure that we also respect the rights of individuals, we don't create a threatening environment. The constitution is very progressive and it's very clear. I know what I've done is absolutely unfashionable but somebody has to rise to the occasion to say that this is unacceptable. I mean I need to listen to the public as well and I have to act on complaints that are brought to my attention. This was a serious complaint lodged by the Ministry of Information, very eminent members of the public including those from the legal fraternity who brought the speech to my attention, I mean I've had to act.

AP: Just clarify for us from what you're telling me today your interventions as you were calling them are public statements and as you say they're not fines and jail terms, although there was a threat of that at your last statement but you're just saying you're going to pipe up and bring these things to the public's attention.

AR: The thing is that these laws are there and if somebody else comes into power who you know who is much more draconian than I am you know might actually say 'all right you know we need to enforce these things, we need to enforce the fines', and you know those are the laws of the country.

AP: Look, Mick Beddoes has made a complaint and that's come up in the media. He's frustrated the media give very little attention to the registered parties and that seems to be something that you've been talking about, that all political parties are reported on and they're talked to. This guy is jumping up and down saying no one's reporting us particularly some of the main newspapers in the country. Are you also concerned like Mick is that while the unregistered party seems to be getting a lot of attention particularly in the Fiji Sun and the registered parties, against the Political Parties Decree, are not being reported on.

AR: These are important concerns and I'm waiting for a formal complaint because somebody else informally brought it to my attention but I've yet to see that so that I can act on it. Because I've always insisted that there needs to be equal access to all political parties and political actors.

AP: So what's your view on the Fiji Sun's continual reporting of Frank Bainimarama's unregistered Fiji First party and not much attention at all to any of the registered parties, surely that's a huge red light to you and the decree.

AR: No, that's not true Alex, that is not true. I wish you could read the Fiji Sun on a daily basis.

AP: I do.

AR: Because I've seen various reports on the National Federation Party, lots of attention on its new leadership. I've seen pieces by the Fiji Labour Party leader, I've seen pieces by SODELPA, PDP secretariat, and so it's there. This is why I'm saying that the question of balance and fairness and whether it's tilted or not needs to be adjudicated by an indecent body that can monitor. You need a whole bunch of people who are going to be there full-time actually analysing these things.

AP: Media were told last year they can't report on parties that weren't registered such as SODELPA before it was registered, Fiji Labour Party, the same sort of thing because they were holding out to be parties when they weren't even registered yet. The Fiji Sun has been rampantly flaunting that Decree and silence from yourself and MIDA about that issue which is against one of the Government's own decrees, to report a party that's holding itself out to be a party even though it has not registered itself. I mean if you're going to be consistent surely this is a glaring issue of consistency that's lacking.

AR: And it's something that you know I'm looking forward to the official complaint so that I can act on it you know and I most definitely will. Here is a critical issue raised by a politician and I'm going to look into it as soon as I receive an official complaint.