The patient is sick…

On the streets of most world capitals, citizens are no longer confined to obtaining information from just conventional media, as modern technology has enabled individuals to podcast- literally meaning that anyone can be a broadcaster as well as receiver. This is the ultimate form of freedom of expression and the very concept of censorship and other overt forms of restrictions have been made redundant by the march of technology.
Alas, it seems we in Ethiopia can only write (and very carefully at that) of such wonderful vistas of media freedom, existing as we do in an era of increasing media jeopardy. Ethiopia, despite its shining achievement, not least as the only African nation and one of only a handful in the world to have its own alphabet, is today among the least literate and media access challenged in Africa. To rub salt, the latest version of the revised press law recently unveiled does not augur well for the further development of Ethiopia’s free media from its current anemic condition. This document has been kicked around for 4 years, ostensibly in order to fine tune its terms and provisions to the better advantage of what is after all a constitutionally sanctified right.
On July 1st 2008 the House of Peoples’ Representatives ratified the press law – revised downwards for all intents and purposes, especially as it relates to media professionals and media houses, further heightening the risk in an already perilous occupation. The new press law unless government reconsiders some of its more discouraging provisions, in its current form, if not directly unconstitutional, certainly flies in the face of the spirit of the constitution. The private press, albeit with many teething problems and instances of irresponsible journalism, was proliferating and blossoming up to, during, and for a brief period after the May 2005 elections. That period brought in its wake dark clouds not only over the limits of freedom of expression but also on the overall progress towards a pluralistic society. Ethiopia’s federal constitution is beautifully sensitive to the right of citizens to freedom of expression and access to information of public interest. Among the most democratic themes of this constitution is found in Part II of Chapter 3, Democratic Rights, Article 29 – Right of Thought, Opinion and Expression.
This article not only enshrines freedom of expression, but goes as far as providing constitutional protection from the state on actions that restrict freedom of expression. To stress this point, not only does the constitution guarantee this right, it also acts as a check on legislative excesses. Article 29 establishes that:
1. All citizens have the right to hold opinions without interference.
2. Everyone has the right to freedom of expression without any interference. This right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or through any media of his choice.
More pertinently to the theme of constitutional protection for the media as the fourth estate, Article 29 (numbers 3 & 4) assures: Freedom of the press and other mass media and freedom of artistic creativity is guaranteed. Freedom of the press shall specifically include the following elements:
a) Prohibition of any form of censorship.
Note that it clearly emphasizes not just outright censorship – flagrant violation of the constitution, but also “any form” that could be construed as censorship.
b) Access to information of public interest.
And to solidify these assurances: In the interest of the free flow of information, ideas and opinions which are essential to the functioning of a democratic order, the press shall as an institution enjoy legal protection to ensure its operational independence and its capacity to entertain diverse views.
It is fervently hoped and not just by those stakeholders in the sector that government will make an effort to relax some of the provisions of the new press law so that the press can better carry out its constitutionally mandated role as the barometer of the nation.