87. We deem it appropriate to address each of them as framed and very
well-articulated by Learned Counsel for the Amici Curiae.
I.
Accreditation Regime
88. Articles 5-7 of the Press Law provide for accreditation of journalists but
the main complaint made is that whereas accreditation per se is not
objectionable, it is the manner of implementation of the law that is
problematic. It has been argued by the Applicant in that regard that the
National Communications Council combines the role of prosecutor, judge
and enforcer in one body and exercises wide power over the media and
individual journalists.
89. On our part, while we quite understand the complaint, we have no more
than bare submissions on the point.
We so say because, while
accreditation per se cannot be a bad thing and where all that is required
is details of a journalist’s educational background and all other
information regarding him, we also heard the Applicant to be saying that
in the execution of the law, the National Communications Council has
wide powers but that is all that was said. As to how those powers are
amenable to abuse, we do not know and in submissions, neither the
authorities cited nor
the submissions themselves remove the whole
issue from the realm of conjecture.
90. In any event, what is undemocratic and where is the violation of freedom
of the press when a journalist is for example issued with a “press pass?”
(See Article 5 of the Press Law). Article 7 of the Law gives the reason for
the press pass as being an entitlement “to access all places where
journalists are required to perform their job of obtaining information” and
that with the press pass, journalists “have access to areas reserved for
the press, to stadiums, airports, Court rooms in Court and Tribunals and
generally speaking, are authorised to enter all official or public events.”
Reference No. 5 of 2013
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