(o) Media Decree: Initial Release

The draft media decree released at today's consultations, attended by 50 representatives of media organisations,  NGOs and special interest groups,  contains strong penalties, requires media organisations to be 90% locally-owned and gives a regulatory authority powers to be able to demand documents or information. The measures are among a wide range of provisions aimed at emphasising fair, accurate and responsible reporting.

The specification on 90% ownership by Fiji citizens states they must have lived in Fiji for five out of the last seven years prior to the organisation being registered and thereafter, to have lived in Fiji for at least nine out of 12 months a year.

All printed material will be required to carry the author’s name, and similar provisions will apply to broadcast material where possible. Breaching the proposed content regulations could make organisations liable to a fine of $500,000 or a fine of up to $100,000 and up to five years in jail for publishers, editors or journalists. The consultation heard requests that organisations be held liable for the fines instead of individuals.

A Media Industry Development Authority will have powers to carry out investigations if it believes that any provisions of the decree or any media code has been infringed. It will also have powers to demand documents and information.
-- Based on FijiLive article.

I will reserve comments until I have read the Decree and studied reactions to it.  Meanwhile, check out nearly 40 readers' comments to my earlier post "Media Tussle."

Comments

Kumala Vula said…
Unfortunately NOT only the Fiji Times, but EVERY MEDIA organisation with overseas investors, who according to this decree can/will be hauled into court, if necessary..YIKES!!!..

In addition, IT CURBS OUR FREEDOM OF SPEECH AND RIGHT TO INFORMATION RELATING TO ANYTHING AND EVERYTHING including NEWS ABOUT THIS REGIME...

The only result will then be to overturn ALL these decrees when an ELECTED GOVERNMENT comes in because this KIND of DEMOCRACY as this regime sees it, is NOT DEMOCRACY in any shape or form!

Me thinks it's time for some PEACEFUL anti-decreeing!!!!! PRONTO from the media and other leaders!!!

It's NON-VIOLENT or NONEXISTENT!!!
Kai Viti said…
Michael Field is quite right in that the illegal regime in Fiji is in fact targeting Rupert Murdoch with this vindictive and repressive media decree.

It is the hallmark of a coward who can't stand being challenged for his regime's position on issues of national interest. Instead trying to control all media outlets in order to control the minds of the people of Fiji. The sooner his regime gets kicked out the sooner all the repressive decrees can be repealed and thrown into the waste bin.

It will never work. Fiji and its people are now awake to the corruption and abusive tendencies of the unelected leaders and illegal regime.

Fiji’s military plans to give itself powers that will allow it to force Rupert Murdoch's News Ltd out of the country. Murdoch owns the country’s biggest and oldest daily, the Fiji Times.

But in a draft media decree released today it is clear that coup strongman Voreqe Bainimarama is seeking to take over the Fiji Times.
Fiji in the swamp said…
Just keep the pressure on the regime and let them swim in their own shyte! It is their own kids and community that are suffering. Lord Haw Haw and the quartet of shrieking mynah birds can feed them when they starve in the povert bog they are now in.
It is all becoming far too predictable and boring!!!
Galala mai na Lasu said…
This action by this illegal regime clearly exhibits the very severe feeling of fear that is strongly felt by its leaders and advocates.

It won't be long before the camel's back is broken and then we will witness chaos among these illegits.
Thus, keep blogging folks!

The power of the gun will be defeated yet! By the power of our God who is the author of true freedom and the people who yearn to be truly free.
Who are these idiots? said…
Croz, I can't help feeling that there's a concerted, organised attack on your site by the regime's opponents. Who the hell are all these interlopers, with names I've never seen before. sprouting capitals and exclamation marks? Some are even evoking "the power of God" like the last maniac, Galala mai na lasu, who claims to be freeing us all of lies while telling a whole lot more. I'd urge all your supporters to hit your comment sites with rational rebuttals, or else these guys risk swamping you with their hysterical nonsense. They're so frigging stupid it should only take a day or two to repel the attack. But I don't think there's any doubt about their perverse agenda. This is a classic cyber attack by people who know what they're doing. And it's going to get a whole lot worse in the coming days and weeks, as the Dirt Digger uses his Fijian lackeys in a desperate attempt to shore up his crumbing investment. Time to mount a counter offensive.
TheMax said…
@ Kumala Vula

"IT CURBS OUR FREEDOM OF SPEECH AND RIGHT TO INFORMATION RELATING TO ANYTHING AND EVERYTHING"

The new media decree doesn't curb anybody's freedom of speech at all but what it does is curb media organizations from manipulating news and reports to suit devious agendas that has nothing to do with making Fiji a better place or taking the country forward. The decree makes media organizations accountable because right now they are not accountable to anyone.

The Fiji Times has been manipulating news to suit their masters agendas even when Fiji had an elected government. For example, just go back to the lead up to election 1999 and coup 2000 to see how the Fiji Times abetted the terrorist activities by systematically slanting their reporting style with a vendetta to portray the FLP as bad for the indigenous Fijians. This culminated in the destruction of Suva City and the desecration of the Parliament complex in Veiuto.

It is time to curb these media organizations from these devious practices. It is time the Fiji Times pays for its crimes against the people of this country.

And for you Kumala Vula, dream on that an elected government will change the decree because that is not going to happen. Haven't you been following what Frank said sometime ago that the military will ensure that any new government that comes in after election 2014, they will have to follow what the charter/constitution has put in place for them to follow. That simply means that the military will be playing a much more influential role in the future politics of Fiji.

So bye bye to your dream.
Nationalise the Fiji Times? said…
Strange that the Fiji Times is telling it's readers that it's not going to comment on the draft decree for the time being yet its parent in Australia issues a statement. News Limited boss John Hartigan has said they're "very concerned" about the decree and its foreign ownership provisions and are awaiting a response from the regime to representations they've put to it. The Australian newspaper, the News regional flagship, has gone further, saying News Limited might be forced to "shut down" the Fiji Times and implying the loss of 170 staff jobs plus a further 1000 auxiliary workers. This suggests that Rupert Murdoch is prepared to close a 140 year institution rather than sell it to local concerns, all to make a very big point. And that he's prepared to put his Fiji workforce on the streets rather than bow to the regime's requirements. This "scorched earth" policy will give the regime a big headache. There's no doubt that Murdoch can afford to pursue this course but it will be a big slap in the face to the nation as a whole. Yes, he owns the Fiji Times but the media isn't like some fish and chip shop. Because of its long history, the Fiji Times is an important national asset. If Murdoch's implied threat is carried out, and 1170 people lose their jobs, the regime should consider seizing the paper in the national interest and selling it to the highest bidder. The Fiji Times needs to continue with or without News Limited.
Time to talk Times said…
The sensible course is for both sides, the regime and News Limited, to sit down and try to work out their differences. It's a wonder this hasn't happened before.

News have been totally stubborn in not acknowledging any fault whatsoever and rejecting the government's accusations of negativity. And the regime has failed to engage the News hierarchy in Sydney, who have the ultimate power to address its concerns.

Leaving it to the abrasive Anne Fussell has been a disaster. Rather than quietly working behind the scenes to repair the relationship, Fussell has been stupid enough to identify with the regime's local opponents. And editor-in-chief Netani Rika is an undergraduate bomb thrower, with no diplomatic skills whatsoever.

What's needed now are new faces to persuade the regime that News is willing to address its concerns. And people with subtle, Fiji style negotiating skills able to put a case that wresting control of the paper from News won't be good for Fiji.

The truth is that News withdrawing from Fiji under the circumstances would be highly damaging to the country's interests. Fiji will get a torrent of bad publicity just when it needs support and the international investment community will desert the place. Taking on Rupert Murdoch is not cost free. And the regime will live to regret it if it can't find a way out of this impasse.
Mai Yaz said…
The Fiji Times is the only credible, neutral source of information that is easily accessed by the ordinary people of Fiji (and most read), and it's the only media outlet that the illegal & unelected regime has yet to use as a propaganda tool like the rest of the fiji media (e.g. Fiji Sun).

This is a coup of the Fiji Times and hope for accurate unbiased reporting is now bleak for Fiji.

Once Newscorp has pulled out its investment the Illegal and Unelected government or some other syndicate that the unelected AG, Aiyaz, and the unelected PM owns share in, will move in to run the show at Fiji Times. Mark my word as the corrupt plot and scene thickens.
How much is that doggie in the window? said…
Some very sensible comments from Time to Talk. The trouble is, the egos that are Bainimarama and Murdoch may very well be unable to give their negotiators the freedom to compromise in this stand off.

Clause 38 of the draft decree paves the way for government to purchase controlling shares in all media so there's no 'carrot and stick approach' to this, merely a stick.

If negotiation is attempted between the IG and FT, it's unlikely to be succesful under these circumstances.

I therefore expect to see FT nationalised or, at the very least, expect the IG to purchase a controlling interest at preferential rates.
Invictus said…
It is the responsibility of any news organisation to disseminate news in a Fair “Free from favouritism or self-interest or bias or deception; conforming to established standards or rules” and to be Balanced “Equality of distribution”

The former is self explanatory yet it eludes Senior and junior journalists at the Fiji times whereas the latter is significant in that it’s “discriminative” and compels the journalists to exercise due diligence and be self-conscious when distinguishing between partiality and impartiality.

However given the current state of affairs within the Fiji Times journalists to that extent are deficient in all aspects of the prescribed norm of journalism.

To be fair the Fiji Times was infact a news organisation worthy of its status where news was disseminated in a fair and balanced manner to a wide and varied audience pre-1987, it was an era when journalists were educated and intelligent enough to be apolitical.

When the Fiji Times chose to align itself with a philosophical system based purely on ethno- nationalistic ideals it became a powerful voice for the Fijian cartel for which to perpetuate itself.

I find it rather difficult and at times even appalled to interpret the cognitive process of journalists by which seditious disinformation finds its way into the mainstream media as statements of facts which leaves one to ponder if intelligence does exist.
That's Strange said…
Hey Croz, how come your blog is on the Fiji Government's list of "Dangerous Blogs"??? Check this out:
http://fijitoday.wordpress.com/2010/04/07/government-identifies-list-of-dangerous-blogs-including-some-that-support-it/
Me Damu said…
Regardless of how hard they try, they will not stop the flow of information to the outside world. If they were confident of doing the right thing for Fiji and its people, why all these monitoring and censoring.

Now they want to keep outsiders from invading their privacy, but they don't know that cyber space is beyond their jurisdiction and anyone who has a computer will access information outside of Fiji just as easy as within.

If they block one network, there is countless others who are just a click away from them and they are there to be accessed. if they cannot get this, we can show them that.
Censor Sensei said…
That's Strange - fijitoday also listed Babasiga, Globalvoicesonline and the Fiji Labor Party sites, questioning why they should be considered subversive.

Evidently the IG no longer has its eyes just on the original postings, but considers reader responses to those postings to be equally as important.

The thin end of the wedge in all this was the Fiji Times’ publication of a letter last year in which the writer was considered to have been contemptuous of a high court decision. That writer was outside the jurisdiction of the Fiji court therefore the FT, being the letter publisher, was tried and found guilty of contempt of court.

The draft media decree definition of media organisation specifically includes “…a person…that creates an internet website that is capable of being accessed by the public…”

The registration requirements in clause 31 (1) notes that “every media organisation that provides, or intends to provide media services in Fiji must be registered…”
Clause 36 (4) (b) (i) (ii) (iii) requires identity and contact details of the proprietor of the ISP, the office location and any interest held in any media organisation.

So, taking a supposedly ridiculous (but legally plausible) line that Crosbie registers, but forgets to advise that he holds shares in say, The New Zealand Herald, he is ‘theoretically’ in breach of the draft laws and subject to up to 5 years imprisonment. It’s hardly likely to happen to an old guy who comes here on holiday, but the important thing to realise is that the draft law DOES make it possible.

The most important thing to understand is that, based on the High Court decision in the FT case, if a website administrator doesn’t censor the comments arriving on his website by deleting or correcting those which could be considered in contravention of the media code of ethics and practice, they could be found guilty of breaking the law and the punishments for that are draconian.

So, to TheMax and others who feel that this new media decree doesn't curb anybody's freedom of speech, I feel that you’re wrong. It’s the way in which the law could be defined - not by you, me or the webmaster, but by those who will be implementing it, that makes this so potentially dangerous to free speech.

Even the mildly satirical comments posted in the past to give people a laugh could be construed as subversive, so I wouldn’t be surprised if the more nervous webmasters (particularly if they live in Fiji) now choose to delete them, rather than running the risk of falling foul of the law. If that’s not curbing freedom of speech, I don’t know what is.
TheMax said…
@ Me Damu

Do you know that the Fiji government owns 51% share of FINTEL, Fiji's only international gateway where all these internet service providers get their international link from? The current government hasn't touched FINTEL yet but are only asking the local Internet Service Providers to block anti-government blogsites. Do you want them to take the next step?

Before uninformed people like you jump up and down with all your wishful thinking, remember that at the end of the day, Frank Bainimarama and his military men holds the key for the yes and no in Fiji at the moment.

Some people like you maybe looking forward to the day a new government comes in after election 2014 thinking that some of the decrees gazetted could then be changed by a democratically elected government. What you seem to forget is that the new constitution hasn't been written yet. Until that is done, we will never know yet what the environment will be like after 2014.

From my point of view, the current government is doing a really good job remaking this country to become better in the years to come. They are correcting most of the wrong directions Fiji was going towards in the last 20 years.
Greeks bearing gifts said…
As the Greeks say - beware for what you ask for - you might get it. The coup perpetrators like khaiyum and coup supporters like crosbie walsh (who unlike Fijians enjoys the benefits of democracy and freedom of expression)have destroyed Fiji with the power of the gun and fear.
Time to let Fiji wallow in the sewage it has created.
As for the Fiji Times - close it down and walk away. Only a fool or a carpet bagger would invest in Fiji under a military regime.
The indicators will speak for themselves - the Lord Haw Haws can put on whatever spin they like - the grim reality is that under the regime, with investment down and increasing sanctions against a pariah state, poverty is going to continue to increase dramatically. Sugar is finished and tourism is next.
Until this detritis is removed Fiji is finished as a democratic and prosperous nation state.
TheMax said…
@ Greeks

In your dreams that Fiji is finished. In fact, the opposite is taking effect. Fiji is going to rise and rise but this time, free from the evils of politically-manufactured racial hatred that it went through in the last 22 years. This racially motivated politics of the last 22 years stifled developments in Fiji for so long now that it has to be destroyed once and for all.

Those who will invest in Fiji in the future will find a much better working environment as indigenous Fijians realise how much they have been schemed by their so-called leaders of the past years.
Reality check said…
Yes, we can see the reason now that Croz's estimable blog has been added to the list of subversive websites. He's been subjected to a sustained attack of anti-regime propaganda in his "comment" columns.

Why don't all you guys crawl back to your natural habitats at 4.5, FDNow and Solivakasama and leave the rest of us to have sensible discussions? Anyone would think that the Fiji Times is the Bible the way some of you are going on. Singapore has the same kind of media regulations and restrictions and it's the envy of the world. So get a grip.

Give me Lord Haw Haws any day rather than the Eeyores turning up here suddenly with their doom and gloom. Yes, we know you don't like the regime but remember how we got to this point in the first place. Because a racist government in a bastardised democracy tried to push through laws disadvantaging 40 per cent of the population. They were warned to back off and didn't. So...

You could say the same about the Fiji Times. A generation of young journalists in Fiji were brought up thinking they had the freedoms of their mentors in Australia and NZ. They were paid peanuts so the best ones like Richard Naidu went off to pursue careers more worthy of a grown-up. Those who stayed were badly trained, semi literate and arrogant. They produced stories that were wrong, half wrong, one sided or badly executed.

Their bosses didn't do enough to ward off their mistakes and were more interested in profit than good journalism. And people who weren't very good in the first place were promoted beyond their abilities. Some of these took it upon themselves to mount crusades on various issues, align themselves with partisan politics and make fiery speeches in international forums demanding even more freedom. Instead of reining them in, their foreign bosses encouraged their undergraduate petulance.

Wallop. That's the Fiji Times and like the SDL, it only has itself to blame. We now have a Singapore-style regulated media and the rest of us will just have to get used to it. But let's not kid ourselves that it's all the IG's fault. There's plenty of blame to share around.
Let the gloating begin said…
What a divided nation Fiji has become under this poorly led regime. Only a fool could believe this or any other coup will benefit Fiji and its people in the longer term.
It would appear (not withstanding the gloating and racist comments from the Max and other coup apologists) that the war against the Fijian people for freedom and democracy is a long way from over.
Those behind the coup and those supporting it will need military 'protection' for a long time. And you can expect that the military 'mercenaries' (not just their greedy leaders) will need big payment!!!
If they don't - they will turn - and cassava patch running will replace the non attendance at Commonwealth Games.
Talk about shoot yourselves in the foot!!!
TheMax said…
@ let the gloating

Fiji is only a divided nation to those who still haven't opened their eyes to how much Fiji has lost because of the racist politics of the last 22 years. The only war against the Fijian people was the one created by those who supported coup 1987 and 2000.

Who needs playing in the Commonwealth Games anyway? It's a drain on government finance to be sending teams to the Commonwealth Games. We have enough international sporting tournaments to attend apart from the CG.
Proud Fijian said…
In my opinion this Regime has done a lot in the last 3 years to bring about the necessary changes required to bring real prosperity to this nation.

It has brought real problems to the fore and tackled them had on. Never before have I read of so many corrupt civil servants being taken to court or the discplinary committee at the PSC.

Look at how there is now an investigation into price fixing by hardware dealers.

And there is more. I have never seen so much progress in improving the efficiencies of every sector of the civil service.

Its definitey easier to bring about change when you can't be bought.

Good work IG.

Sa gauna ni veisau qo me vinaka kina na kawa i Taukei kei ira na vulagi, ka vakabibi na noda vanua i Viti.
ships of gold are coming said…
@ proud fijian
Couldn't agree with you more govind
Fiji is booming ahead under the regime - especially the indo-fijian sugar farmers - we congratulate the junta for all the assistance to the cane farmers and their families. Keep working hard cane farmers because we expect you to subsidise the Fiji military for a long time and it will be costly!!
Ai Yaso said…
Heres our message to Khaiyum et al...
"Shame on you Khaiyum!! You are more of an embarrassment to Fiji than anything else.

Attacking the media and taking away their freedom to report on whats going on in Fiji will not make you any greater. In fact it just reveals to the world how cunning and manipulative you are by using your position of power to articulate & issue decree
as you see fit.

In essence, one wonders how long will the Military Council hold out on your ever chopping & changing of Fiji laws to cover your tracks.. Its time you stop prosecuting Innocent People and return Fiji to Normalcy!!

Let's hope you will share this story with your mate FB. Time will come when we get to see you answering for your follies and likewise your mate Bainimarama. That day of reckoning will come & we will get to have the last laugh.

We also hear you have switched the National Bank of Fiji to be aligned with the PNG Bank instead of the Commonwealth Bank.

Fijians are a patient bunch and they will sit it out. Just bear in mind we are watching your moves Khaiyum and we cannot wait to see you take the stand in time to come.


Its time that Khaiyum steps down. We, the people of Fiji wants him out as he is not representing our FIJIAN VOICES. We want to see someone who is a reputable Fijian within the Law Fraternity making judgement calls about what matters to the Indigenous Fijians and those like us. Khaiyum is only interested in the capitali gains he get from all this. How can Khaiyum claim that he is speaking on behalf of the Fijians? His JUDICIARY INNER CIRCLE are made up of a group of likeminded people who does not give two hoots about what matters to the Indigenous Fijians and the likes.
We are here ready to tell the Fiji stories, decree or no decree!!
An Indigenous Fijian.
TheMax said…
@ Ai Yaso

You may just be an indigenous Fijian supporter of the SDL, the most corrupt and racist government Fiji has ever had.

I'm also an indigenous Fijian living in Fiji. Haven't you been following the support that Bainimarama continue to get from the indigenous Fijians lately? The vanua of Cautata just made a "matanigasau" to Bainimarama and the RFMF a few days ago. They are supporting the current leadership fully. It looks like you and your crooks in the SDL will be the one that keeps whining forever at the lost chance to continue to build your elitist network and plunder the taxpayers of this country further.

You said Fijians are a patient bunch. Well that is very true. The voiceless and independent thinking indigenous Fijians have been waiting since coup 1987 for someone to come along and be their voice in cleaning up the bunch of crooks, thugs and murderers who started the destruction of this country when they executed that first coup.

Where's the National Bank of Fiji you are talking about? Didn't you know that under Rabuka's leadership the NBF became bankrupt back in 1992? You must have been sleeping all these years and didn't realise what was happening to this country after all. No wonder you comment is full of garbage.

Aiyaz Khaiyum is doing a fine job as AG. We are now seeing a much more intelligent and wiser advise coming through with sensible decrees restoring Fiji's sovereignty. With the backing of the RFMF and the continuing support of the majority indigenous Fijians gathering pace, this country is in good hands.

So bye bye to you and the SDL crooks. Go back to your grave and don't come out again. You stink.
Anonymous said…
.....good on you The Max, u hit the nail on the head! TELL THEM! IT"S OVER! SA OTI !!

Ranadi
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