MHRC engages MACRA for equal media access to political parties ahead of fresh polls

By James Mwale, MANA

Malawi Human Rights Commission (MHRC) on Tuesday engaged Malawi Communications Regulatory Authority (MACRA) and Ministry of Information, Civic Education and Communications Technology, urging them to ensure broadcasters adhere to responsibility and moral ethics ahead of the forthcoming fresh presidential election.

After the interface which took place at Bingu International Convention Centre (BICC) in Lilongwe, MHRC chairperson Rev. Patrick Semphere told journalists that among the topics of discussion, was the importance of non-discriminatory access of all media houses, both public and private, to all political parties.

He added that media regulatory bodies had been urged to impartially regulate all media houses’ content to ensure they do not broadcast or publish hate content which would infringe on the rights of other citizens.

“The media can promote peace but it can also promote conflict through irresponsible reporting and promotion of hate speech,” he said.

“It is in this view that we need to address the need for a fair regulatory framework for broadcasters.”

Semphere further said there was a concern raised, of persistent public perception that Malawi Broadcasting Corporation (MBC) was biased towards the party that is in the Executive arm of Government and that it does not feature positive news from opposition political parties.

He also said there was another concern that MACRA does not exercise its authority to level the playing field for all media institutions, saying it was more lenient with MBC while being more authoritative and stringent towards private media houses.

MACRA officials were not present to comment during the briefing, and efforts to contact them had been futile when this reporter went to press.

Semphere, however, commended MACRA for summoning the state broadcaster to a disciplinary hearing following material that was broadcast on the evening news of May 11, 2020 whose content provoked public ridicule for allegedly being “extremely offensive and vulgar.”

For the first time, MHRC is included on Broadcasting Monitoring & Complaints Committee established under rule 54, which include various stakeholders such as Malawi Electoral Commission (MEC); Malawi Law Society; MISA Malawi Chapter; Centre for Multiparty Democracy and MACRA itself.

On Wednesday, the Committee was hearing MBC’s case for the May 11 broadcast of the offensive and vulgar comments that targeted Vice-president Saulos Chilima.

The hearing follows a petition made by private lawyer Nicely Msowoya in conjunction with three civil rights society organizations — Human Rights Defenders Coalition (HRDC), Church & Society of the CCAP Livingstonia Synod and Youth & Society (YAS) — which directed if MBC TV and Radio are not taken off air by Friday, May 15, they would immediately file for an order in the High Court, compelling MACRA to close MBC until the professional personnel there are flushed out and duly replaced.

But MACRA Director General, Godfrey Itaye told the petitioners that MACRA cannot take off-air MBC Television and Radio as per their demand, as doing so is demanding that the regulator goes against natural justice requirements in its governing laws.

Following the public furore that attracted the offensive broadcast, MBC management suspended the culprits, Henry Haukeya, Mercy Zamawa, Kondwani Chinele and a video editor following public outcry for the use of swearwords against Chilima during a news broadcast on Monday evening and also issued a public apology.

In the midst of the public furore and the petition from the four, MACRA issued a statement that it had “commenced action against MBC in line with the Communications Act and its Regulations and has, therefore, given MBC a statutory notice of seven (7) days to make representations on the preliminary findings of breach as stipulated under regulation 32(3)(e) of the Communications (Telecommunications and Broadcasting Licensing) Regulations, 2016”.

MACRA furthers reminded broadcasters of their duty to ensure equitable allocation of airtime and avoid hate speech, abusive and inflammatory language especially during the official campaign period. 

MACRA’s Director General Itaye directly responded to the four petitioners, saying MACRA takes its monitoring and enforcement role very seriously and will ensure that all necessary legal and regulatory action is taken against MBC in this case subject to natural justice requirements stipulated in our governing laws.—Additional reporting by Duncan Mlanjira