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Concerns about a bill for the creation of
a High Council for Information in Iraqi Kurdistan
14.6.2011 |
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June
14, 2011
PARIS, — Reporters Without Borders wrote on
26 May to Massoud Barzani, the president of Iraqi
Kurdistan, voicing deep concern about a bill for the
creation of a High Council for Information in Iraqi
Kurdistan that was unveiled on 13 and 14 May in
Sulaimaniyah.
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Read the letter:
President Massoud Barzani
Kurdistan Regional Government
Erbil
Paris, 26 May 2011
Dear President Barzani,
Reporters Without Borders, an international press
freedom organization, would like to share with you
its concern about a bill for the creation of a High
Council for Information in Iraqi Kurdistan that was
unveiled on 13 and 14 May in Sulaimaniyah.
Our organization hails the government’s declared
desire to encourage media diversity and respect for
freedom of opinion and expression, while putting the
emphasis on reinforcing the principles of media
ethics and professionalism.
However, we are of the view that, in its present
form, the proposed law would not help to achieve
these goals.
We are very worried about some parts of this bill,
particularly those concerning this Council’s
independence.
It is clear from its make-up that this High Council
for Information could not be regarded as an
independent body. According to Article IV of the
bill, the Council will have nine appointed members,
of whom the President of the Kurdistan Regional
Government will name three for six-year terms, the
Speaker of Parliament will name three for five-year
terms and the Prime Minister will name three for
four-year terms.
Our concerns about the Council’s lack of
independence are increased by the provisions of
Article V, according to which the President of the
Council and its members will be sworn in by the
President of the Kurdistan Regional Government.
Nowhere is it specified that the persons chosen
should be experts in the field of media and
information. Nowhere is it said that membership of
the Council is incompatible with certain positions,www.ekurd.netespecially political ones. Why the terms of office
of the Council’s various members are of different
length is not explained. It reinforces political
influence over this body, which is supposed to be
independent.
We fear that this Council will be directly
controlled by Kurdistan’s two main political
parties, the Kurdistan Democratic Party, which you
lead, and the Patriotic Union of Kurdistan, led by
Jalal Talabani.
Like the appointment of its members, the way the
Council is funded raises more doubts about its
independence. Article III refers to the
administrative and financial independence that the
Council is supposed to enjoy, but it is clear from
Article XIII that part of its funds will come from
the region’s general budget. Other funding
provisions will necessarily have to be approved by
the Cabinet. The bill makes no provision for a
budget, not even a minimal one.
We are also concerned about the principles
underlying the creation this Council. Article VII
alludes to the many fundamental principles that the
Iraqi media must respect, both those based on
international principles and those that are proper
to the region’s characteristics. But the bill does
not define these general principles, nor does it
mention the sanctions that could be imposed on those
who violate them.
The bill does not specify whether the Council’s
responsibilities will extend solely over the
broadcast media or whether they will apply to the
print media and online media as well. It should be
pointed out that self-regulation is preferable for
the print and online media.
The wording of the Council’s goals in Article VIII
is vague. No mention is made of the resources
available to the Council to achieve these goals. And
some of the goals seem to contradict the Council’s
independent nature. Article 8 A-4, for example, says
the Council will “serve the region’s media goals in
all domains.”
Similarly, the bill is also completely vague about
the Council’s powers and responsibilities and the
procedures it uses.
The wording of the powers listed in Article IX is
very imprecise. There seems to be a confusion
between the Council’s goals and powers. While it
says that the Council contributes “in cooperation
with the competent authorities in the formulation of
information policy” (IX-A) and helps “draft
professional conduct codes in cooperation with the
competent authorities” (IX-C), there is nothing in
the bill about the tools available to the Council
for fulfilling these goals. We are not told whether
the Council recommends or advises, or whether it has
the power to impose sanctions.
Subsections H and I of this article say the Council
will have the power to examine complaints that are
submitted to it, and to “reconcile the parties
involved in conflicts over media issues,” but they
cast doubt on its role and purpose. It is meant to
mediate, arbitrate or have the powers of a court?
There is also no mention of mechanisms for appealing
against its decisions.
Reporters Without Borders believes that, as it
stands, this bill repeatedly opposes the cause of
media pluralism, the cause we defend. Such a council
would violate the principle of media freedom because
the imprecise wording of this proposed law could be
used to control and punish journalists and news
media. We therefore urge you to refrain from
creating the Council as defined in this bill.
We stand ready to discuss our observations and
continue the debate on this subject with you,
Respectfully,
Jean-François Julliard Reporters Without Borders
secretary-general
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