When the leadership of the Sierra Leone Association of Journalists (SLAJ) met with its counterpart in the Independent Media Commission (IMC) on Tuesday 27th August in a courtesy call, the main takeaway was that it was high time for the two influential media bodies to work together to start the reengineering process of the industry if it has to have any essence at all.
The meeting marks the first between the two bodies since Joseph Egbenda Kapuwa Esq took office as the Chairman of the Commission. It came on the heels of the IMC’s pending action against defaulting media houses. The Commission has been dragging its feet to suspend or cancel the registration and licenses of media houses who had failed to reregister with the IMC under the IMC Act of 2020; media houses that have defaulted in their annual renewal, subject to Sec 14 &15 of the IMC Act 2020; and media houses found wanting by the IMC Complaints Committee and have failed to abide by the penalties levied according to Sec 19 (3) of the IMC Act 2020.
Before the meeting, the SLAJ President had written to the Commission kindly requesting a further delay in its pending action but made it clear that SLAJ would not support media outlets violating the IMC Act 2020 with impunity.
“I am aware the IMC is walking on a tightrope between the rule of law (implementation of provisions of the IMC Act 2020) and press freedom. That said, I am of the informed view that suspending that large number of active media outlets would risk raising questions locally and internationally about press freedom particularly, and our democratic credentials as a country generally. Nevertheless, SLAJ will not in any way support media houses violating the IMC Act with impunity. We believe in press freedom as we equally believe in the rule of law. Therefore, as industry players SLAJ looks forward to sitting with the Commission to find an amicable way to resolve the issue,” wrote Nasralla.
The SLAJ president repeats his plea during the courtesy call and raises several other issues of mutual concern or responsibility with the Commission. He talks about the need for the IMC to ensure strict adherence of media houses to the minimum wage and social security contributions for reporters and other media workers; the ongoing review of the IMC Act 2020 and the controversial issue of registration of journalists by the IMC; and the need for more collaboration and cooperation to address the challenges of the media, including more and more training of journalists in the country.
“Despite the law, we still hear stories of reporters and other media workers being paid below the regulatory minimum wage. We have seen the report of a survey conducted by the Media Reform Coordinating Group on the welfare of journalists in Sierra Leone and it is surprising to note that there are still journalists who continue to work without pay. This is unacceptable, and we must do something about it collectively. On the issue of registration of journalists, our position is clear: we don’t want the IMC to have such powers; the IMC cannot register media houses and at the same time register the journalists who work for/in these media houses. We don’t know the thinking of the IMC but we need to have a serious and insightful conversation about this,” says Nasralla.
In response, the Chairman of the IMC, Joseph Egbenda Kapuwa Esq. thank the SLAJ President and his team for the visit and the issues raised. He says as a SLAJ member, he sees himself as a party on both sides and notes that he takes SLAJ along every step because the Association has a huge role to play.
However, the IMC Chair says while he strongly supports media freedom and the right to operate, even if you disagree, there is a need to hold media institutions accountable. Otherwise, he continues, the responsibility will fall on the executive board. When executive meetings are called, and these issues are raised, he says it won’t be effective if the IMC allows non-compliance to continue.
“You don’t want a situation where staff are reported to us as being paid the minimum wage, but in reality, they aren’t even receiving that. So, when these organizations come to us for renewal, do we renew their licenses just because they are our friends? Allowing them to operate while they exploit their employees is not acceptable,” says Kapuwa.
He continues: “When they come to us, even after we perform our due diligence, there’s little we can do at that stage. They come to us and say, ‘We intend to start operations, and this is what we plan to pay our staff.’ At that stage, you can’t enforce the law because they haven’t yet begun operations, and they’ve provided all the necessary documentation. They say they will pay a certain amount, and you have to accept that when they apply. However, when they start operating and fail to meet their commitments, such as not paying their staff as promised, it becomes an issue.
“When they return to us for renewal, we can refuse based on the fact that they lied or didn’t meet expectations. It’s a challenge when these media institutions, despite having all the right applications and documentation, fail to follow through. Legally, we are obligated to allow them to operate, especially under the principle of media plurality, which is enshrined in the national constitution. However, they must also fulfill their obligations, including paying their staff as promised,” says Kapuwa.
He further says that if during the renewal process, the Commission discovers that certain media houses aren’t paying their employees as they committed to, the IMC has grounds to refuse renewal. For instance, if a media house promises to pay a certain amount to their staff and fails to do so, ‘the IMC can’t just overlook it because they are our colleagues; it needs to be a holistic approach’.
The IMC Chair invites SLAJ to open discussions on these issues and see how they can be addressed collectively. He assures that the Commission is taking SLAJ along in this process, not just with the law but also concerning the review of the Act, as discussed during consultations.
The IMC Chairman on Suspension/Cancellation of Registration
“Campaigning for proper registration is crucial. One thing we must not tolerate is non-compliance. For example, when individuals go to the Administrator and Registrar General’s Office or Corporate Affairs Commission, they sign their names. But when they return, they don’t want to comply with our rules. That cannot be allowed. Everyone must meet the basic requirements.
“We believe that if this issue only came up once or twice, it wouldn’t be as concerning. But since it has been happening consistently over the years, we should be able to draw a line now. This matter arose in late July or early August when I engaged the President of SLAJ on a personal basis, particularly regarding this registration cancellation issue.
“We decided to relax the rules out of respect for you the President, but that was a personal decision that I hadn’t communicated to the Board.
“We’re not asking for much. It’s just common sense. If we want to be fair, this isn’t about any recent increase or change in the fees. It’s about following the law. How would that reflect on the Commission if we’re seen as not enforcing our regulations? We’ve stretched things as far as we can, Mr. President.
“When it comes to suspension, once individuals renew their registration, they can continue. We will ensure everyone follows the rules. The Commission will be ready, and we’ll work closely with SLAJ to encourage compliance. We must work together to ensure we’re all on the same page.”
On Cleaning the IMC Register
“As of the first of this month (August), this issue has been coming up, and by the time we fully address it, it might extend beyond September 2024. But our priority is to clean up the register. We don’t want to take drastic action, like suspending all the defaulting radio stations and newspapers at once. Instead, we want to approach this systematically. For example, we have newspapers that haven’t operated for at least four years, only publishing when general elections are near. We need to clean up that register first.
“Once we’ve dealt with the newspapers, we’ll move on to radio stations and inform the public about these suspensions, giving people an opportunity to address any issues. We don’t want to just announce a long list of suspended names without offering a chance for redress.
“Our sister organizations like NaTCA for example will need to reassign frequencies if some radio stations are no longer operational. We’ll start with the cancellation process, which may take a week or more, and then move on to suspensions, giving those affected the time to respond.
“By the time we finish this process, we’ll have a clearer picture of who is still operational. We’ve seen that some radio stations have already taken steps to comply. However, until we clear out those that are no longer functioning, we can’t move forward with new applications. We have applicants waiting to start operations, but they can’t proceed until the space is cleared.
“We need to clean up the register of radio and television stations, and newspapers that are no longer operational and seek the support of others to bring new entities on board. We also need to address the issue of minimum wage compliance, which must be enforced.
“When it comes to this matter, it’s essential to involve stakeholders, approach the relevant legal departments, and handle these issues appropriately. We must remember that today I am at the IMC, but tomorrow I might not be a member. However, I am also a member of SLAJ who wants to see things done properly.
“Some people need guidance to help themselves, but if we don’t assist, it becomes a problem. These situations have been ongoing for years. However, we are systematically addressing them. If you see a list today, it might seem overwhelming, but over time, the issues will be resolved.”
On Online Media
“When we had that consultation, SLAJ was well-represented, and we discussed what actions we can or cannot take. The outcome of those discussions will guide our decisions. For example, our colleagues who operate online media often celebrate their liberty, but they may violate the law at some point, leading people to seek redress from the IMC. However, online media registration and regulation weren’t initially covered. We might say it’s just about media in general, but that’s a specific area where we want to open the door for them to register with the Commission and receive the same protection and rights as other media houses. That’s one consideration we want to review.
“Significant changes have been made, but NaTCA wasn’t included. We have a few other areas that need attention.”
On Registration of Journalists
“On the issue of registration of journalists, we must jealously guard our profession. We believe this isn’t just about rights; it’s also about ensuring that those who claim to be journalists truly are. Many individuals claim to be journalists because they’ve done something somewhere, but they aren’t true journalists. When we talk about journalism today, it’s a different landscape. Even those who identify as bloggers or citizen journalists might have a say when it comes to news transmission, but how is SLAJ protecting its profession and its members? This should be a concern for all of us as journalists.
“We want a situation where journalists can proudly say they are registered. Media registration is a privilege conversation, not necessarily tied to payment or other material benefits. But I should be able to know that Mr. Conn, the President, is associated with SLAJ and other entities. We don’t want people to falsely claim to be journalists, moving around without proper identification.
“Even photographers are part of this discussion, especially when it comes to the legal and technical aspects of image transmission. Sometimes, just by looking at a wall, you can tell that a picture is more or less a reference to a particular person or event. We need to ensure that the transmission of such information is handled correctly.
“How are we protecting our profession and our members? Remember, when people register as a company, subscribers and members need to be identified. We already have records of SLAJ members, and these individuals should be recognized as part of our professional community. Sometimes, you can’t protect someone who isn’t a member of SLAJ, even if you want to make a statement on their behalf.
“This is why we’re discussing registration. We already have a membership register, and we’ve cleaned it up. If you want to practice as a journalist, you should also have the opportunity to be recognized officially. People may focus on the punitive aspect of this or fear censorship by the Commission (or by extension the Government), but the real issue is whether you are registered. Both the media practitioner and the institution are of concern to the IMC in terms of rights and protection.
“Every media institution or practitioner should be able to operate within the law, whether registered or not. The very act of practicing journalism already provides some protection, but we’re trying to identify our members so they can proudly say they are part of this register and stand with the Commission. We need to consider what people are saying and the importance of having a well-guarded profession. This is why we’re holding these consultations, to open up dialogue and clarify these issues.
“First, you must be a member of SLAJ, but we should also avoid recruiting those who aren’t members. What if something goes wrong with them? You will need the national organization to defend or protect them, but they aren’t members. How will that look?
“We’re saying this isn’t just about protection. A politician might identify someone, call you at midnight, and say this person is a journalist. But if they aren’t a journalist or a member of SLAJ, how can we include them? When it comes to payment, then it becomes SLAJ’s interest.
“We need to ensure that our membership is properly registered. This isn’t something to frown upon; perhaps more education is needed. It’s not about censoring people; it’s about proper registration. If you want to be a media practitioner, you should be part of the register and be recognized.
“We, as an association, must uphold these standards. If you want to become a member of the Sierra Leone Association of Journalists (SLAJ), you need to meet the requirements. What’s wrong with that?
“We should not replicate the mistakes other institutions have made. Membership should be based on clear criteria. By tomorrow, someone else could claim to be a member without following proper procedures. We need to protect our membership. If you don’t maintain your registration, you lose credibility.
“As a team, we should continue to work with our successors. We need to protect and grow this association. I must confess, when it comes to serious decisions, like when we wanted to address the reporters’ union issue, I said yes. We took pride in helping them grow. But we can’t talk about progress without addressing these internal issues.
“Let’s think ahead and provide more education on these matters, and I also believe we need more training to address these issues effectively.
“Once again, thank you for the visit. I hope we continue to work as a united team to protect our profession. SLAJ is a proud organization, known for making statements on national issues. We shouldn’t let a few tarnish our reputation.”
SLAJ Secretariat
