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MISA Namibia appeals to judiciary
to take into account challenges faced by journalists when presiding
over defamation cases
In a news article published in the New Era newspaper, on
8 December 2008, the High Court is reported to have ruled
that New Era Publications
Corporation and four other defendants should pay N$ 50 000
jointly and severally, with interest of 20 percent on
this amount, in
damages to Deputy Minister of Youth, National Service, Sport
and Culture, Pohamba Shifeta, for two articles published in
2006.
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In another article published in the Namibian
newspaper, on 15 December 2008, it is reported that Namzim Newspapers,
the State-owned company that owns and publishes the weekly newspaper
The Southern Times, was ordered in a judgment by the High Court
to pay the Namibian branch of the Universal Church of the Kingdom
of God N$ 60 000 in compensation. The church claimed its reputation
was damaged because of an article that was published in the December
4 2005 edition of the paper.
The Courts as the last interpretative body of the law and also
as the last refuge of citizens, individual of corporate is open
to all citizens and the media should be aware that as part of
society, bound by the same laws, constitution and expectations
of role and responsibility the media can be sued in the courts
of law and can be found to be wrong and suffer penalties as is
the case.
In line with its work, MISA Namibia does not however encourage
the use of the courts in seeking redress by those who feel aggrieved
by media reporting but that issues of reputations and images
that have been impugned and damaged can be addressed through
mediation.
It is for this reason that MISA Namibia has continued to support
the establishment of a Voluntary Mediation mechanism that is
currently being driven by the Namibia Editors Forum, and will
have the powers to call upon journalists to correct, retract
and apologize for any incorrect or false stories or other misrepresentations.
MISA Namibia is of the view that the media relies on society
in covering stories and that ultimately what comes out in the
media is a reflection of what society is saying or doing. In
this regard, MISA Namibia appeals to the Judiciary to take into
consideration the challenges that journalists face in sourcing
news, the competing interest in society and indeed the watchdog
role that the media plays in society.
In the absence of the media, many things can go wrong in society
without being exposed and if huge penalties are imposed on journalists,
this has the effect of cowing the media into submission and self
censorship. On the contrary, MISA Namibia maintains that the
media should be encouraged and assisted in carrying out investigative
work and reporting on matters that affect and impact on society
be it on religion, corruption, among others.
The media should however maintain ethical standards and strict
guidelines on reporting controversial issues making sure that
the story is always on firm grounding before publishing.
Mathew Haikali
National Director
MISA Namibia
Tel: 061 236069
Fax: 061 236054
Email: info@misanamibia.org <mailto:info@misanamibia.org>
director@misanamibia.org <mailto:director@misanamibia.org>
Rashweat Mukundu
Programme Specialist: Media Freedom Monitoring
MISA Regional Secretariat
21 Johann Albrecht Street
Private Bag 13386
Windhoek, Namibia
Tel: + 264 61 232 975
Fax:+264 61 248016
Mobile: 00 264 813 675 362
E mail rashweat@misa.org, misaalerts@gmail.com
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