We asked Premier Ewart Brown — the Minister responsible for the proposed media council — a series of questions about it last week. He did not provide answers but an anonymous Government spokesman e-mailed these responses, which he said could not be attributed to Dr. Brown:

Question: Why is legislation needed here when many countries have self-regulating press/media councils, without legal or statutory control?

Answer: Although there have been many complaints from the public in the past, there has been no attempt on behalf of the media to form a mechanism to address such complaints. In 1999, there was an attempt to establish a press association; however, it failed due to lack of media follow through.

Jurisdictional research revealed that the majority of countries have non-government, self-regulating media councils. In compliance with the Bermuda Constitution and in keeping with current practice, it was proposed that the drafting instructions be reframed in the form of an enabling bill that will set out standards for the media council.

It should be noted that although the press is not directly regulated in Britain, it is subject to a wide range of legislation [that] could affect media content. These include libel laws and Article 10 of the European Union Human Rights Convention.

There is little protection for the individual in this Island democracy. It has been historically noted that the print media, inclusive of newspapers, magazines and periodicals, exert a significant influence to the reading public without any regulations or reference to agreed standards of journalistic integrity.

Q: Do you think statutory control of the media runs the risk of limiting the freedom of the press?

A: Absolutely not. First and foremost, the media is protected by the tenets enshrined in the Constitution that allows for the freedom of speech. Bermuda is unique in that, unlike the other jurisdictions researched, it has only two main print media organisations. This is totally self-regulating and is not intended to interfere with freedom of expression.

Q: Why include broadcast media, when two pieces of legislation already regulate this industry?

A: The lack of an apparent code of ethics or established standards in the print media arena necessitated the need for guidance for journalists when reporting information.

Q: What form did consultation with the media take? How many meetings were held? Was there any attempt to get editors/news directors etc. to agree to a self-regulating body without the need for legislation?

A: Consultation with regard to this initiative was sought in development of this enabling legislation from the start. It was the media who provided terms of reference for the meetings, it was the media who suggested the code of practice, as well as recommending that there be a complaints procedure. There was a considerable effort to include all strata of the media landscape.

Q: Section 7 (7) of the Act requires the council to make public its minutes and decisions. Are any other statutory bodies required to do this at the moment? Is this something that other statutory bodies are likely to be required to do in the future?

A: No answer was given.

Q: Has the council been costed out? What is the annual cost likely to be?

A: In order to avoid any and all appearances of interference by the Government, this responsibility will rest with the council.

Q: What will happen if media organisations — particularly those struggling financially during the recession — refuse to fund the council?

A: In order to avoid any and all appearances of interference by the Government, this responsibility will rest with the council.

Q: Section 15 (3) allows the council to order the press not to print anything that is the subject of an upheld complaint. Does that mean in perpetuity? The wording of this section seems very broad — what would you say to those who may perceive it as an attempt at state censorship?

A: The principles that underpin this proposed legislation intended that a subject should be held in perpetuity.

Q: The schedule doesn't refer to internet-only news publications. Will they be covered by the Act and come under the regulation of the council?

A: The proposed legislation refers to print and online news media including newspapers, magazines, journals and periodicals.

Q: What would you say to reassure the media and the public that the lay members of the council will be independent, rather than political appointees?

A: The proposed legislation states that: "The council shall be comprised of twelve members appointed as follows — five members appointed by representatives of the local media, six members appointed by the Governor (an independent stakeholder) after consultation with the Premier, who shall first have consulted with the Opposition leader; and one other member, who shall be the chairman of the council, appointed by the Governor in his discretion."

It would appear that under the aegis of the Governor, seven of the members are appointed. The same process is followed with the appointment of independent members of many boards exercising important functions, the best example of which is the Public Service Commission.

Q: What will happen to media organisations which breach the Act — for example, if they ignore an order to publish an apology or retraction or fail to refrain from printing anything that is the subject of a complaint?

A: That would be a question posed to the newly formed and self-regulating council.