The Ethnic Relations Commission (ERC) yesterday urged that media houses find a way to deal with content that has the potential of promoting race-based politics and racial insecurity, after concluding that “unacceptable” statements were contained in items published by Kaieteur News and Stabroek News.
While the ERC said that statements contained in articles published by Kaieteur News “may” have breached the Representation of the People Act, it did not specify what provision may have been violated.
“It is imperative that the media, both press and electronic, especially as we approach our general elections settle on the way forward in these matters with a view to determining a code or reviewing of same, and which may guide media practitioners in this regard,” it, however, said in wake of the findings of its review, which was based on a complaint by the Office of the President (OP).
The ERC suggested a retreat, possibly under the auspices of the Guyana Press Association, as one solution, while noting that it would welcome such an initiative and if required or requested it would be happy to be part of such a process. It also urged that media houses familiarise themselves with the Representation of the People Act and the Racial Hostility Act and the consequences of breaches, and that media practitioners exercise due caution and care in their dissemination of information to the public.
The July 1, 2010 complaint centred on the content of four articles, in which the authors are accused of “promoting racial insecurity, advocating race-based politics and making vile allegations of racist behaviour against members of the government.” The articles, “King Kong sent his goons to disrupt the conference,” “Ruling Class racist ideology is back in vogue in Guyana” and “Return to Slavery” were published as a column, and letters, respectively, in the Kaieteur News, while “Outrage at historical conference must be condemned” was published as a letter in Stabroek News. They concerned the annual academic conference of the Guyana Historical Institute, which was held at the National Library on June 26, 2010, and a disruption by hecklers during a presentation by Kaieteur News columnist and University of Guyana Lecturer Freddie Kissoon. Kissoon’s column, “King Kong sent his goons…” later prompted a $10M libel suit by President Bharrat Jagdeo.
Acting under Article 212 D of the Constitution of Guyana, the ERC said that at a specially convened meeting on April 11, it deliberated on the matter, which formed the basis of the findings released yesterday.
Upon a request for comments by the ERC, the National Media and Publishing Company Ltd, which publishes Kaieteur News, stated that it disagreed with the allegations being made against it. The ERC also requested a comment from the Guyana Publications Inc, which publishes Stabroek News and noted that the company requested a copy of the original complaint from the Office of the President. The ERC said it requested the information from OP “but to date that has not been received.” It added that it had also not received a response to the complaint from Guyana Publications Inc.
Unacceptable
According to the ERC, some statements in the articles published by the Kaieteur News were ”unacceptable” from its point of view and “may be calculated and capable of exciting ill will against a particular ethnic grouping.” It said they may also be in breach of the provision of the Representation of the People Act 2001. “This the National Media and Publishing Company Ltd should guard zealously against and not allow itself to fall prey to persons who perhaps may have a more serious and ominous agenda,” it added. In reference to other statements, the ERC advised that there should have been “sound editorial judgment, scrutiny and consideration,” while warning that they could be “misleading and dangerous.”
The ERC said it found it surprising that when brought to the attention of the National Media and Publishing Company Ltd, the response from the company seemed to suggest that there was nothing wrong with the statements. Additionally, it said exercising an abundance of caution is often required, particularly since all should be aware of the grave dangers associated with the reporting of spurious and dangerous claims/opinions that can lead to racial tensions in Guyana. “It also serves as a disservice to the work of the Ethnic Relations Commission which has been working tirelessly and without pause to dispel deep entrenched ethnic divisions in this country,” it said too.
Meanwhile, the ERC said the statements published in the Stabroek News letter cannot withstand factual scrutiny and should be the subject of greater editorial oversight, which it noted seems to be lacking. Stabroek News Editor-in-Chief Anand Persaud in a comment yesterday on the ERC conclusion said the fact that the Office of the President had not provided the details of its complaint as requested by SN exposed the thinness of its case. He added that had the ERC advised SN that it was going to continue deliberations on the matter in the absence of the full OP complaint then SN would have provided a fuller response. Natural justice, he said, demanded that the complainant present the details of the case so that an adequate defence could be presented by the other party. He said it was important that the ERC take careful account of this as its overarching tribunal is still to be established more than a decade after the revision of the constitution. Persaud said that there was nothing in the letter penned by Andaiye, Nigel Westmaas, Desmond Trotman and Deon Abrams that was exceptionable.
The ERC noted that while freedom of expression is guaranteed by the constitution, it is not an absolute right and must be practised in a responsible manner. Further, Article 146 (3) provides that freedom of expression does not relate to hate speeches or other expression, in whatever form, capable of exciting ill-will against any person or class of persons. “The Commission finds that media houses have an important role to play in society, and that this obligation includes the (publishing) of news and opinions that are truthful and not calculated to mislead the public,” it said. “The Commission notes that in a free democracy where press freedom is paramount, the views and opinions of all persons must be respected and that the media operatives should guard against undue censorship. At the same time this must be balanced with sound editorial oversight, sensitivity, prudence and judgment when going to press.”
It also said it will not abdicate its constitutional responsibility and allow the public dissemination of dubious and dangerous information under the guise of freedom of information, or the imparting of information and ideas of public interest, without due comment. It said that in a country with a shared history that includes division and hate, it does not augur well for responsible media houses to place into the public domain information that is racially charged.
“As this country moves forward and attempts the continued process of race healing and of eliminating the scars of our collective history, the press has its duty, indeed an obligation, to be part of this process,” it said.
