Let media set up its own regulatory body, international human rights lawyer urges MPs
A global human rights lawyer has written to Bermuda's MPs, urging them to give the Island's media the chance to set up its own regulatory body.
Toby Mendel, executive director of the Centre for Law and Democracy (CLD) in Canada, sent his open letter to all 36 members of Parliament yesterday, setting out his concerns about the proposed Media Council Act 2010.
Mr. Mendel wrote: "CLD believes that individuals should have an opportunity to complain to an oversight body when they believe that the media have not behaved in accordance with established professional standards.
"However, we also believe that self-regulation is the most appropriate manner to satisfy this need. We are aware that the media in Bermuda have not, to date, established a self-regulatory system.
"I urge you to give the media an opportunity — say for a period of six to nine months — to set up a self-regulatory complaints system before you move forward with imposing a legislative complaints system.
"It would be a sign of the strength of your democracy if the local media were given [this] opportunity."
He quoted the following joint 2003 declaration from the United Nations, the Organization for Security and Cooperation in Europe and the Organization of American States: "All public authorities which exercise formal regulatory powers over the media should be protected against interference, particularly of a political or economic nature, including by an appointments process for members which is transparent, allows for public input and is not controlled by any particular political party."
Mr. Mendel said Bermuda's media council bill gave the Government "very significant control over the composition of the council, contrary to the standards set out by the special international mandates".
The lawyer, who used to work for global freedom of expression group Article 19, suggested amending the bill and enabling various independent bodies, such as the Bar Council, a business association and a group of NGOs, to appoint members.
He said section 15 — which gives the council the power to ban publication of material — was "highly problematic and essentially constitutes a form of prior censorship, a type of restriction on freedom of expression which is highly suspect under international law".
Mr. Mendel also raised concerns about the funding of the council. He said if the media was to pay for it, as proposed, it should have control over or significant input into the budget.
Premier Ewart Brown is the Minister responsible for the bill. His spokesman said: "The Premier will be issuing a statement in due course on the media council."
US president Barack Obama yesterday signed a law requiring the US State Department to compile a public list of foreign governments that violate press freedom.
• Read the Bermuda media council bill at http://webgazette.bm/static/attachments/MediaCouncilAct.pdf.
• Read the full letter by clicking here.