CJA E-letter   

from the Commonwealth Journalists Association

 

Headquarters: 305 Goodwood Heights, Diego Martin, Trinidad and Tobago

Executive director: Josanne Leonard miribai@tstt.net.tt

Newsletter editor: David Spark david@dspark.fsnet.co.uk, who will be glad of any e-mailed comments. Views expressed in this newsletter are those of contributors and not of the CJA

 

The CJA thanks the Commonwealth Foundation for its financial support

 

Issue No 11                                                        September 2005

 

Page 2 Australian reporters rescue tourists in New Orleans

Page 3 Facing jail to protect a source

Page 4 Farewell to CJA co-founder Patrick Keatley

Page 5/6 Right to Know Day

Page 7/8 News in brief

 

Reporter’s arrest outrageous, says IFJ

 

Sonu Jain, senior assistant editor of The Indian Express, writes:

 

I am sending details of what we consider an attempt to muzzle the press. The International Federation of Journalists, representing over 500,000 journalists worldwide, issued this statement on the arrest of an Indian Express reporter, Gautam Dheer, in the Punjab: “This outrageous attempt to suppress the truth and implicate a reporter in a criminal case must be resisted.”

 

Here are the details. On the night of August 28, a police team, reporting directly to Inspector General of Police Sumedh Saini, stormed into the house of The Indian Express principal correspondent Gautam Dheer and took him away.

 

The police, some in uniform and some in civilian clothes, did not identify themselves, gave no reason for the arrest, had no warrant or court order, denied Dheer access to a lawyer and refused to even confirm that they had taken him. No one from his family or the newspaper was allowed access until early next morning. He had written a story on a complaint against IGP Saini to the Punjab Human Rights Commission.

 

Later on August 29, Dheer was released on bail. The manner in which he was rounded up was condemned by all the political parties. It even found an echo in the Indian Parliament.

 

To further worsen matters, Saini himself heads the team investigating the arrest. In a mark of direct confrontation with the Punjab state authorities, the special investigating team led by Saini bypassed the Punjab Advocate General’s office and submitted their report direct to the High Court. The state government had been suggesting that the case be investigated independently.

 

With this development, Dheer will never get a chance for a fair trial.

 

(The previous CJA newsletter reported that a police officer sought to justify the arrest by accusing Dheer of threatening a girl.)

 

 

 

Reporters as rescuers in New Orleans

 

The first of an estimated 40 Australians trapped in flooded New Orleans by Hurricane Katrina were rescued by Australian television reporters covering the story. Tim and Joanne Miller from Brisbane had spent four nights without food and water under a bridge, close to a pile of bodies and the camp of a gang they suspected of raping and killing a child.

 

They found a working telephone box near by and rang their daughter in Australia. Shortly afterwards she heard from the Seven Television Network who wanted to interview her parents and asked where they were in New Orleans. She told them on condition their reporter helped her parents. Seven agreed. Its bureau chief in North America, Mike Amor, found the Millers. Seven organised an armed convoy to get them and two other Australian couples out of the city.

 

A couple of days later the Nine Network’s Robert Penfold found another Australian couple in the horror of the Convention Centre and helped them to a bus that took them to Dallas, Texas.

 

This happened days before Australian consular officials were allowed into New Orleans. In America no one stops a reporter on his  round.

Facing jail to protect a source

 

pic

 

Two journalists, pictured above, are facing jail for protecting their source in court, writes Pieter Wessels of CJA Australia.

 

Michael Harvey and Gerard McManus of Australia’s biggest selling daily the Herald Sun are respected and experienced reporters. Last year they received confidential government documents detailing a plan to deny war veterans a A$500-million increase in benefits. The story hit the headlines nation-wide and eventually the plan was scaled back and the minister responsible dropped from federal cabinet.

 

Leaking government documents is a specific crime in Australia and the police identified and charged a public servant. The evidence against him is largely circumstantial and, to bolster their case, the federal prosecutors demanded the two journalists name their source in court.

 

Harvey and McManus declined to do so and the county court judge warned that they face jail for contempt, the contempt being that they refused to answer a question in court. They will know their fate when the case resumes before the end of September.

 

The media in Australia have attacked the benefits plan, the government, and the new whistleblower legislation, but have published little about the dilemma in which the two reporters find themselves. Harvey and McManus have a professional obligation to protect their source under the Code of Ethics of the Australian journalists union.

 

At the same time a conviction and/or jail term could destroy their careers. With a police record they would not be allowed into the USA and many other countries, and they would find it difficult to get a job in Australia, where the media hesitate to employ anyone with a record.

 

One of the few sensible comments on this dilemma has just come from the federal attorney-general, Philip Ruddock, who has expressed interest in legislating to protect journalists in cases not involving a major crime or national security. His department is preparing situation papers, with input from CJA Australia. But any such legislation will be too late for Harvey and McManus.

 

Links:

 

A full transcript of the court hearing is at <http://www.abc.net.au/mediawatch/img/2005/ep26/proceedings.pdf>

 

The Alliance Code of Ethics is at

<http://www.alliance.org.au/hot/ethicscode.htm>

 

 

A farewell to Patrick Keatley

 

British Prime Minister Churchill once summoned Patrick Keatley to his presence. “You have caused me a lot of trouble, young man,” he said. The occasion was the scoop which won Patrick (later to help found the CJA) a place in The Guardian’s London office – his account of the transport of horses from the British Isles to be eaten in Europe.

 

Patrick’s articles won so much attention they were reprinted as a pamphlet. Meeting him on The Guardian’s staircase, the editor, A.P.Wadsworth, grumbled that he had had to take on an extra secretary to handle the orders.

 

Wadsworth also played a part in Patrick’s marriage. A shy man, he did not want to go to a London reception on his own and commandeered Patrick, just back from a job in Geneva, to accompany him. At the reception, Patrick met Eve, his wife-to-be. She recalled at his memorial service in London (he died in May) that Patrick – a great talker - used to invite her to dinner and talk for two hours.

 

It seems that he lived his life in a perpetual hurry, because of the fabled length of his conversations. John Cole, a Guardian colleague who became political editor at the BBC, said that he learned from Patrick the importance of talking to a contact, rather than rushing to meet the demands of editors.

 

Patrick’s career as a journalist developed with the story of African independence. He got to know the smell of Africa by driving through it in a small car on roads only normally traversed by big vehicles. He slept in the car, shutting the windows to keep out any lions.

He became the personal friend of the emerging generation of leaders of newly independent countries. Their children got sparkling presents from Hamleys toy shop, because Patrick did their Christmas shopping.

 

Sir Sonny Ramphal, former Commonwealth Secretary-General, said that Patrick cared passionately about the Commonwealth and empathised with its people. The Commonwealth especially benefited from the Canadian spirit he represented.

 

Sir John Tusa, former managing director of the BBC World Service, recalled the work Patrick did there alongside his Guardian job. He once turned up for a broadcast so late he had no time to write a script, but reeled off 600 words without deviation or repetition, with the help of a few cuttings. After a broadcast, Patrick always wanted to continue the discussion in the canteen, probably making himself late for his next appointment. He had a never-failing ability to provide a commentary when one was required. In his soft, lilting voice he told stories and drew pictures for his listeners, ever eager to pass on to them what he knew.

 

The memorial service opened with Patrick’s favourite hymn To Be a Pilgrim.   

 

 

 

Right to Know Day

 

By Indra Jeet Mistry, Commonwealth Human Rights Initiative, Delhi

 

September 28 will be celebrated as International Right to Know Day.  It stresses the right to information from government (and even some private bodies) as a means of promoting good governance, deepening democracy and strengthening development by breaking down bureaucratic cultures of secrecy and making governments accountable for their actions.

 

The right to information is also vitally important to media impartiality and effectiveness. Yet, within the Commonwealth, only ten countries (Australia, Belize, Canada, India, Jamaica, New Zealand, Pakistan, South Africa, Trinidad and Tobago and the United Kingdom) have enacted Right to Information laws. 

 

An enforceable right to information is a powerful tool for journalists.  It compels governments to disclose information about their activities. It can bolster the ability of journalists to get information from the government, helping them to unearth incidents of corruption and the misuse or mismanagement of public funds.

 

The media are a vital channel of communication between the government and citizens and, when equipped with the right to information, can amplify people’s calls for government to be accountable, through better informed reporting on government activities.

 

The media’s use of right to information laws can greatly improve the quality of investigative journalism.  Reporters can access verifiable government information, thereby reducing their reliance on lucky breaks and riskier, unreliable sources.

 

Journalists in the Commonwealth will soon be turning their attention to the 2005 Commonwealth Heads of Government Meeting taking place in Malta, November 25-27.  CHOGM will provide journalists with a perfect forum in which to point out the relevance of the right to information to the main theme for this year’s meeting, Networking the Commonwealth for Development.

 

CHOGM has identified the need for all Commonwealth countries to focus their development efforts on upgrading information and communications technology in developing member states. 

 

While an effective use of information technology can empower citizens by providing access to key government information, it cannot compel governments to disclose information in the first place.  This is why it needs to be complemented by a right to information law. 

 

A right to information, along with information technology, can also help promote more active and better informed media, which can open up more effective channels of communication between citizens and government.  For journalists attending this year’s CHOGM, it will be well worth pointing out how much more effective the Commonwealth’s information technology strategy will be if it incorporates the people’s legal right to information.

 

CHRI consultant Andrew Galea Debono writes that a spate of arrests and attacks on media members in Commonwealth countries has brought the issue of freedom of expression into the foreground. Most incidents can be viewed as intimidation and attempts at censorship. Debono says several governments are pleading national security to censor and intimidate journalists. He also mentions Andrew Mwenda, a Ugandan broadcaster facing jail after remarks on his programme alleging that government incompetence led to the helicopter crash in which Sudan’s vice-president was killed. Debono further mentions the murder of a Tamil broadcaster, her husband and baby in Sri Lanka, and the detention of an editor in Cameroon after he alleged embezzlement by the head of the post.

 

News in brief

 

AFRICA

 

Media women were challenged at the Highway Africa conference to report on information technology as a means to development.

 

BANGLADESH

 

Seven journalists in the southern city of Bagerhat received letters in August threatening that Islamists would break their hands and legs if they continued to criticise a ruling party member of parliament. RSF

 

MALDIVES

 

International PEN is concerned for the health of Ahmed Ibrahim Didi, serving a 15-year sentence for writing articles for a website critical of the authorities. His fellow accused Mohammed Zaki has been released. International PEN has also protested against terrorism and sedition charges brought against writer and opposition politician Mohammed Nasheed. He was arrested during a peaceful protest in August.

 

PAKISTAN

 

Mohammed Tahir, editor of the banned Islamist weekly Wajood, was freed on bail in September. He was held for seven weeks on a charge of inciting religious hatred.  RSF

 

Pakistani journalists are to protest on October 3 against failure to pay a wage award. Dawn

 

SIERRA LEONE

 

Broadcaster Kelvin Newstead was forced to prostrate himself before and beg forgiveness from the Bo district’s tribal chief after he challenged the right of 390 delegates to choose the ruling party’s presidential candidate. He said the 5 million population should have done the choosing. RSF

 

 

SINGAPORE

 

A Singaporean has challenged the law against politics in films by filing a complaint about films featuring government leaders and shown by national broadcaster MediaCorp. This challenge follows the seizure in August of the film Singapore Rebel, about the persecution of opposition leader Chee Soon Juan.  SEAPA

 

TANZANIA

 

Publishers and journalists associations have rejected as insincere a minister’s apology for the brutal beating of Sunday Citizen chief photographer Mpoki Bukuku and others on September 10. Bukuku was attacked by prison officers and prisoners while covering the eviction of families in dispute with the Prisons Department over ownership of their homes. MISA

 

 

 

Our thanks

 

For news in this newsletter we thank contributors including the International Freedom of Expression Exchange and its associates International PEN, the Media Institute of Southern Africa (MISA), Reporters Sans Frontieres (RSF) and the Southeast Asian Press Alliance

(SEAPA).