Authorities in Lesotho should immediately withdraw a
baseless complaint of incitement against the privately owned MoAfrika FM
radio station and cease trying to intimidate critical journalists, the
Committee to Protect Journalists said today.
Lesotho's
Broadcasting Dispute Resolution Panel (BDRP) in a letter dated August 7
summoned MoAfrika to appear tomorrow, after the Ministry of
Communication filed a complaint on behalf of the government accusing the
station of incitement to violence, according to its editor-in-chief,
Sebonomoea RK Ramainoane, and documents reviewed by CPJ. The letter
cites four instances in July when the station aired critical reporting
or commentary on government officials and the government claims MoAfrika
may have incited violence.
"The
Lesotho government's allegations of incitement to violence against the
MoAfrika FM are clearly baseless and expose intolerance to critical
journalism," said CPJ Sub-Saharan Africa Representative Muthoki Mumo.
"The government should withdraw its complaint immediately and let
journalists do their work of holding the powerful to account."
On
a weekly news review program July 1, according to the documents seen by
CPJ, Serialong Qoo, an opposition party spokesperson, called in and
made several critical comments about Prime Minister Thomas Thabane,
including about his purported per diem allowance. On July 4, the
complaint says, Qoo was again interviewed by MoAfrika and discussed the
prime minister's alleged role in a diplomatic crisis with South Africa relating to Lesotho's King Letsie III's delegation being stopped and searched at
the border on the way back to Lesotho. The complaint further claims
that on July 12, MoAfrika quoted Deputy Home Affairs Minister Machesetsa
Mofomobe refusing to respond to questions on a procurement dispute in connection to birthday celebrationsfor
King Letsie III. The government also complained about July 23 radio
programming in which Ramainoane and guests, including Qoo, discussed reports that
Lesotho's first lady, Maesaea Thabane, had been warned to behave well
when she took over as chairperson of a continental anti-cancer forum.
Thabane took up the role in the wake of news reports that she had been involved in a public altercation with a woman at a hospital in the capital, Maseru. Tabane denies having started the altercation, according to Lesotho Times.
Ramainoane
told CPJ that his station aired the content cited in the government
complaint but denied it amounted to incitement of violence.
Ramainoane
and MoAfrika lawyer Zwelakhe Mda told CPJ that they fear tomorrow's
hearing could lead to authorities ordering MoAfrika to shut down.
Lesotho's BDRP, which is a statutory body of members appointed by the
minister of communication, can impose fines on stations but not withdraw
media licenses, according to Lesotho's 2012 Communication Act.
However, the BDRP may refer cases to the Lesotho Communications
Authority (LCA), which can withdraw licenses, according to the same act.
BDRP
Chairman Arthur Majara on August 10 told CPJ that he could not comment
on the matter until the hearing was completed. He referred CPJ to the
LCA, the broadcasting industry regulator whose chief executive, TÅ¡eliso
'Mokela, declined to comment, saying he was not party to the dispute.
Communication Minister Thesele Maseribane did not respond to a phone
call, text messages, or WhatsApp message on August 10. Rorisang Molefe, a
legal officer who responded on his behalf, today told CPJ via telephone
that the minister had filed the complaint on behalf of the cabinet
because he could not sit back and watch MoAfrika insult people. Citing
as an example MoAfrika's coverage of the diplomatic crisis, Molefe said
some of the station's programming had posed a threat to public order,
leaving people at "loggerheads" and causing confusion. She said the
station also failed to label commentary as such, as required by Lesotho's 2004 broadcasting rules.
She said the ministry has the power to shut down MoAfrika but chose to
go the civil route by having the BDRP adjudicate the matter, and that it
would take other measures if this fails.
Maseribane
on August 10 warned the media that the government would take
unspecified action against outlets inciting violence, according to
Chalale Mokhenthi, a MoAfrika journalist who attended the press
conference, and Tsebo Mats'asa, national director of the Media Institute
of Southern Africa who watched reporting of the event on the
state-owned Lesotho Television. The action, the minister said, would be
taken within existing legislation and the constitution, according to
these same sources. Molefe said that no warnings were issued at the
press conference and that the minister was reminding the press to be
ethical and comply with existing regulations. She referred CPJ to a
video recording of the event, but did not immediately provide the
recording and CPJ was unable to locate it.
In
a separate incident, Thabo Thakalekoala, spokesperson for the prime
minister, on August 9 tried to forcibly enter the MoAfrika studio in
Maseru, Ramainoane told CPJ. Thakalekoala was reacting to MoAfrika's
earlier on-air criticism of the spokesperson, according to Ramainoane
and Malichaba Lekhoaba, manager of the privately owned Harvest FM which
shares a building with MoAfrika and whose journalists reported the
incident. Thakalekoala wanted to enter the studio with a group of men
that had accompanied him but Ramainoane denied entry, saying that he
would speak with the spokesperson alone, according to these same
sources. Thakalekoala told CPJ that he left the MoAfrika offices after
Ramainoane went on air and called on MoAfrika's "supporters" to come to
the studio. Some of the "supporters" who showed up included opposition
politicians, according to Ramainoane and Thakalekoala. He denied the
allegation that he tried to enter the studio forcibly, telling CPJ that
he had gone to MoAfrika to ask why Ramainoane had "insulted" him on air.
He did not specify the nature of the insults. Ramainoane and Mda, the
lawyer, said the editor-in-chief had reported the incident to the police
in Maseru.
MoAfrika has run into difficulty before. Authorities shut down the station in August 2017 for six days saying it had not paid government fees, allegations that MoAfrika disputed, according to media reports and Ramainoane. In September 2017 the station was shut down for 72 hours as
the government alleged incitement to violence, while Ramainoane was
briefly arrested as police accused him of criminal defamation, according
to media reports and a statement by international human rights group Amnesty International.
The criminal defamation case has fallen apart since Lesotho repealed
the law earlier this year, Ramainoane told CPJ. However, the station in
April applied for the High Court to set aside a 40,000 Maloti ($2,929)
fine imposed by the BDRP in a separate case in
which MoAfrika is accused of contravening broadcasting codes through a
historical drama series, according to Ramainoane and documents reviewed
by CPJ.
Lesotho authorities accuse MoAfrika FM of incitement for critical reports
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Thursday, August 16, 2018
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