Code or control?

The relaunching of the Malaysian Code of Ethics for Journalists in February has raised many doubts and questions by observers on the government’s involvement in regulating journalism.

THE government has no locus standi to establish a media council if it is to be set as a self-regulatory body to represent the independence of the fourth estate, says a media industry expert.

International Islamic University’s Prof Datuk Dr Ahmad Murad Merican points out that in the first place, the Malaysia Media Council Bill should ideally be tabled as a private member’s bill, instead of a government bill, to mitigate the potential of government influence in its formation from the get-go.

In the Westminster system, a private member’s bill is a proposed law tabled by a member of a legislative body who is not part of the administration; Ahmad Murad says it is meant to provide a voice for those outside the executive.

“The development of such a proposal must be kept at a distance from the government. The ‘neutral’ origins of the Council are as important as continuously maintaining an image of neutrality.

“One way to go about it is to establish the council by statute. In other words, it has to be tabled in the Parliament as a private member’s bill. Not a government bill,” says the former member of the Malaysian Press Institute.

Ahmad Murad says the benchmark of a realised media council should be at the same level as the other self-regulatory bodies for the professions in medicine and law.

“It is critical to deliberate on the profession, to identify and develop the pertinent criteria.

“This has to be done, among others, by such bodies as the MPI and the Malaysian Journalism Association without government intervention. Concerns of accreditation, qualification, licensing, autonomy, freedom must be deliberated in the name of good and quality journalism.”

Ahmad Murad stresses that the government must not and should not be seen as patronising the establishment and development of the council.

He cites the case over the relaunching of the Malaysian Code of Ethics for Journalists (pic) in February, which has raised many doubts and questions by observers on the government’s involvement in regulating journalism.

It is reported that the new manual was developed by the Communications Ministry through the Information Department after holding four discussion sessions with key stakeholders including MPI and the National Union of Journalists.

It outlines eight fundamental ethics that underscore the responsibilities and standards expected of journalists nationwide such as ensuring information validity and confidentiality of sources, among others.

“The government can raise its concerns but it must not patronise the media institutions, by way of putting the cart before the horse.

“Instead of the government, the code of ethics should have been administered by the council, which can decide on sanctions and penalties. The criteria for media accreditation should also be under the council’s purview.

At the same time, Ahmad Murad says the council can certainly become another form of control if laws that can stifle media freedom such as the Printing Presses and Publications Act 1984, Official Secrets Act 1972, the Sedition Act 1948 and Section 233 of the Communications and Multimedia Act 1998 are not repealed or amended.

Communications Minister Fahmi Fadzil has yet to comment.