Media abuse and the citizen

The past few weeks (and years) there has been a debate in Namibia about the freedom of the press and more specifically the government's stated intention to regulate the media. The Communications Regulatory Authority of Namibia (CRAN) has also circulated a broadcasting policy which indicates certain regulations which will be imposed by government.

I wish to dissect this matter for those of us who are not in the media business who would like to have our media free from suppression, BUT, would also like to ensure that the media are held accountable for what they publish. In addition, most citizens are aware that we need to evolve new methods of management of social media posts.

What is Freedom of the Press?

Freedom of the press refers to the right circulating opinion in the media without censorship from the government. What is critical is that freedom of the press allows opinions (normally about leaders) to be circulated for comment among the general public. The Namibian Constitution in Article 21 on Fundamental Freedoms states "All persons shall have the right to freedom of speech and expression, which shall include freedom of the press and other media".
THUS, freedom of the press and the right to express an opinion (freedom of speech) is guaranteed in our supreme law.

What happens if Freedom of Speech and Freedom of the Press is abused?

Abuse of freedom of speech refers to a a false statement that harms the reputation of an individual person, business, product, group, government, religion, or nation. This abuse is referred to as "libel" which is a malicious, false statement in written media, a broadcast, or otherwise published words.

Note: Under common law the word "defamation" is used to indicate a false statement that harms the reputation of an individual person, business, product, group, government, religion, or nation. If defamation takes place in published works it is called libel; and when it is spoken it is called slander.

If you wish to take the process to court when libel occurs you must prove a civil wrong that has caused you to suffer loss or harm for which the person who printed the statement should be held liable.

How do I prove libel?

In general (please consult a lawyer) you must prove that the statement was false, that it has caused harm, and was made without adequate research into the truthfulness of the statement. In the first part of the statement I already had to state that a lawyer had to be consulted. AND that is the crux of the matter why citizens need some regulatory authority with teeth or a small claims court where they can makes such claims without the expense of a legal professional.

Proposals

If we wish to establish mechanisms that will allow citizens an easy way to make the media pay for libel there are three options open to us:
1. The present self-regulating Media Ombudsman be empowered to give binding decisions when libel is found. (Also expand the system to allow for inputs by consumer groups)
2. Include measure in the Consumer Protection Act that will allow compensation if libel is found. This can be addressed through a Small Claims Court.
3. “Regulated Self-regulation” – where government regulators create the conditions in which media can demonstrate they are acting responsibly.

The need to hold the media and journalists for what they write or broadcast is clear. However, the government should not be allowed to use this sentiment to take away any of our hard won rights in our constitution.

Gift Economy - Rethinking GDP and productivity

Reading a very enlightening article about the "gift economy". The most common example is the donating of blood for free. That is not part of the "market economy".

In African terms this also refers to our caring for our relatives by paying for their studies, giving them room and board, etc. We have a more neighbourly approach to our community in which we share or give to others when they do not have.

It does not mean giving when I do not have, but rather haring when I have surplus.

"When a parent cooks for their family that is just as productive as a chef cooking for customers in a restaurant, but no cash changes hands in payment."

 In economic terms, when we give to our friends and neighbours it reduces GDP (Gross domestic product (GDP) is a monetary measure of the market value of all final goods and services produced in a period)

In today's world we need to rethink the measurement of our nationals wealth by only using GDP.

"We should think of the economy as an interacting mix of market and non-market practices"

See: https://goo.gl/0VYDfP

Community is woven from gifts. Unlike today's market system, whose built-in scarcity compels competition in which more for me is less for you, in a gift economy the opposite holds. Because people in gift culture pass on their surplus rather than accumulating it, your good fortune is my good fortune: more for you is more for me. Wealth circulates, gravitating toward the greatest need. In a gift community, people know that their gifts will eventually come back to them, albeit often in a new form. Such a community might be called a "circle of the gift."