The role of the media on the Referendum – KONGAMANO

MAKALA ILIYOWASILISHWA NA MUANDISHI SALIM SAID SALIM
KONGAMANO LA KURA YA MAONI NA SUK
LILILOTAYARISHWA NA MUWAZA, JUMIKI,
ZANZIBAR LEGAL SERVICES CENTER NA ZANZIBAR LAW SOCIETY
17-18, JULAI 2010
MALINDI ZANZIBAR

The role of the media on the referendum

What is a referendum?

A referendum (also known as a plebiscite) is a direct vote in which the electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new or amendment of a constitution, a law, the recall of an elected official or simply a specific government policy. It is a form of direct democracy. There are many types of referendums Some of them are:

. Mandatory: The law directs authorities to hold referendums and its results are usually binding.

. Facultative: It can be initiated at the will of a public authority (President), the Government/Parliament or at the will of the citizens . It can be binding or non-binding.

. Foundational referendum: It may be drafted by a constituent assembly..

There are arguments in favour of and against referendums: Those in favour say they are:

1. A very real form of direct democracy;

2. Increase political participation;

3. Can be a check on “elective dictatorships” during a government’s term of office.

4. Provides a clear answer to a question the government might be ‘asking’.

5. Deal with a flaw in the mandate theory as voters can voice an opinion on an issue.

6. Can unite a divided country.

7. Can provide a mandate for controversial policies.

8. Legitimise important constitutional issues..

Those not in favour say they are:

1. Inconsistent with the belief in parliamentary sovereignty.

2. Issues might be too complex for a mere yes/no vote or for the public to understand.

3. Regular use of it could lead to apathy among the public.

4. A low turnout can distort results.

5. The results of a referendum might not be decisive.

In some countries, there is a requirement that there be a certain minimum turn-out of the electorate for the results of a referendum to be considered valid. This is intended to ensure that the result is representative of the will of the electorate. In holding a referendum, its status must be clear from the outset. To avoid uncertainty, which can reduce the legitimacy and validity of the referendum, the answer to this question must be clearly stated within the referendum law.

Key issues in referendum design include:

. When will the referendum be used? The relevant legislation must make it clear when referendums can be held.

. Subjects and situations in which a referendum may be held:

.. The legislation designing the framework for the referendum should specify which, if any, topics will be subject to the referendum mechanism.

. Certain subjects may be constitutionally or legally excluded from being the subject of a referendum. In some countries, such as Uruguay, the referendum can not be used in relation to laws concerning fiscal policy or those applicable to the executive power (eg. pension for civil servants). It is important that if restrictions on the use of the referendum are to be imposed, the law should justify the basis for the exclusions.

The media:

The role of the media in a referendum is crucial. Controls imposed to ensure an even-handed campaign might be undermined if the media is heavily in favour of one outcome rather than another. Similarly, if the media is state controlled, it may simply follow the government line on the issue. However, in a country with a free and fair media, it may be politically difficult to implement controls to regulate press eports during the campaign period.

The media is an important tool for disseminating information to the public through newspapers, television and radio stations among others. Today, the media is supposed to play the role of being an agent of a change…to lead the public for a change for the better.

It is supposed to be a bridge between those who give out information and those who are intended to receive it. The media has a vital role to play in peace building by reaching large numbers of people in different areas. Many have said, if used wisely the media can bring about positive and effective results. By doing so it becomes a building brigade and NOT a demolition gang.

The media has always played a role in spreading information, but its role is now greater because of the decline in other sources such as discussion with family and friends. Its central role is reflected in the term ’fourth estate’, a metaphor that suggests its heavy weight in the society.

The health of a representative democracy rests on the public’s access to crucial information on the referendum. It is through the media that the link between the governed and the government is maintained; most voters ‘meet’ their representatives, not in person, but through the media. Increasingly the media is seen as the most effective ‘watchdog of government’ – holding it to account for its actions.

Media responsibilities:

The media is the voters’ eyes and ears. It has an obligation to provide the public with information, analyse and comment on important issues. As far as a referendum is concerned the media must be in the forefront to educate the public and even campaign for public support in what it believe is good for the country.

It has a responsibility of providing the information needed to allow individuals to make a right decision on the referendum. Much of the information also needs to be interpreted for the public to understand..

The media has to provide the public with examples of referendums held elsewhere and show similarities with the one facing them and give details of its results and consequences. It should avoid concentrating on those with negative results.

As professionals, journalists are expected to be objective, but this is interpreted in a number of ways. One definition is that a story reports what each side of the argument has to say. Another approach attempts to report a cohesive story, but takes a middle path without favouring either side. A third approach is to place emphasis upon the use of multiple sources and corroboration of facts. Whilst stressing objectivity, journalists recognise how hard it is to be neutral or impartial . The political position taken by the media may reflect the views of the owner or may be part of its marketing strategy..

Media and democracy:

The media plays a crucial role in a modern democracy in informing the people. To do this it must be free and realise that there is an ethical requirement that fact and comment should be distinguishable, and that the news should be as truthful. Basic standards for referendum coverage would include the following:

ï€ Before the referendum, the media has a duty to inform the public about the issues being voted on, voting procedures and other relevant matters.

.ï€ Publicly funded media have a duty to be balanced and impartial in their referendum reporting and not to discriminate against any political viewpoint.

ï€ Laws that restrict freedom of expression in breach of international law must be abolished.

.ï€ There should be no censorship of any referendum programme.

.ï€ Public media must be scrupulous in complying with their obligation to provide accurate, balanced and impartial information in their reporting of news and current affairs.

ï€ Direct access programmes should be aired throughout the campaign and at times when the broadcasts are likely to reach the largest audiences. The times of broadcast should be allocated fairly between Yes and No campaigns.

The referendum question

One of the most important issues is the drafting of the referendum question. Research by experts has shown that the way the question is phrased can have significant implications for how people vote.Therefore, those campaigning for and against the referendum will have an interest in how the question is worded, since even a slight change to the question might affect how voters cast their votes at the referendum.

The campaign:

Many countries allow referendum campaigns because they help the public to know better about the subject they are supposed to vote for or against. There are different models of regulating campaigns. Some countries choose not to impose controlsl, preferring to leave it unregulated. In other countries, financial and other controls are imposed on any individual or organisation which wishes to participate in the campaign. Consideration of how, if at all, to regulate the campaign is important because providing a framework for open debate is crucial.

In some countries, such as Canada, those (organisations and individuals) who wish to campaign for or against a certain outcome at the referendum are required to register their intention to ensure that they comply with controls imposed to ensure a fair campaign.

Provision of public assistance

To ensure a minimum level of campaigning for each outcome to the referendum,some countries provide grants and other assistance to selected campaign organisations.

Public assistance might be provided in different forms. Non-cash assistance might include the provision of free radio and television broadcast time, freepost facilities or free use public meeting rooms. If public assistance is to be provided to campaign groups, the terms on which it is provided must be clearly defined. These include:

• who is eligible to public assistance and how much is available;

• what conditions must be met in order for public assistance to be provided;

• whether public assistance can be withdrawn.

Whilst referendum campaigners may provide useful information to voters, it is important to consider the source of unbiased and non-partisan information. However, many voters may be more inclined to trust arguments presented by organisations which are not campaigning for a certain outcome. There are different approaches to the provision of non-partisan information. In some countries, the government publishes an information pamphlet, which many voters cite as their prime source of information in reaching a decision on how to vote.

In many countries, an independent Referendum Commission is responsible for running an information campaign that explains the subject of the referendum and sets out arguments for and against the referendum proposal. The Commission disseminates information as widely as possible, and promote and facilitate debate.

What makes a fair referendum?

Every effort should be made to explain the constitutional, political and economic implications. For a referendum to be conducted fairly then certain rules would need to apply. An independent body should adjudicate the nature of the question to be asked so that it cannot be biased in favour of a particular answer. Both sides of the argument should have equal access to the print media and airtime on the television and radio.

Conclusion:

Zanzibar is at the cross roads after years of political turmoil. This is the time of making it or breaking it. The government of national unity is the right solution. Some people take it lightly, but a responsible media house (journalist) is not supposed to take it lightly. We have to use this opportunity to help people make the right decision for the interest of Zanzibar.

Let us draw lessons gained in places where the idea of a government of national unity was ignored simply because of selfishness or political motivations of some individuals or groups.I wish to use two famous Swahili proverbs to explain the scenario: Achekaye kovu hajaona jeraha: (One who laughs at a scar hasn’t seen a wound) and Afadhali mchawi kuliko mfitini ( Better a witch doctor than a troublemaker)

As professionals, journalists are not supposed to laugh at a scar or operate as trouble makers. We must act responsibility as our profession obliges us to do and gove priority to the interests and well being of the people of Zanzibar and Tanzania as a whole.

END