Tinaye Agere
Miriam Tose Majome
THE Zimbabwe Media Commission (ZMC) is tasked with receiving and considering complaints from the public, and, where appropriate, taking action against journalists and other individuals employed in the media found to have breached any law or any code of conduct applicable to them.
The reach of the media is endless, because it covers content that includes news, sports, opinions, and entertainment.
It is, therefore, easy to intentionally or unintentionally publish and broadcast content that inflicts damage on people and organisations.
Feelings and reputations are easily harmed when media ethics are breached and when information is wrongfully published and broadcast.
Media freedom does not mean liberty to wantonly publish and broadcast everything and anything about anybody.
If consumers of media products feel they have been harmed in some way by the content and conduct of the media, they can complain about it either to the ZMC or voluntary media associations.
The ZMC is constitutionally empowered to receive and investigate complaints from the public regarding the conduct of the media and the content published.
The commission can also conduct its own investigations regarding any issue that concerns the media.
It does not have to wait to receive complaints before taking action.
Some countries have dedicated statutory bodies for handling media complaints. But in Zimbabwe, the commission handles media complaints, in addition to its other regulatory functions.
The commission receives and handles all media complaints.
However, if it cannot handle a particular complaint, it has to formally explain why this is so and can advise the complainant to pursue other remedies.
Complaints can be about any media content or conduct that is deemed harmful, malicious, obscene, defamatory, hateful, incorrect or slanderous.
Most media complaints tend to be about defamation.
It is common for people or organisations to claim that whatever was published or broadcast degraded and harmed them.
However, not every negative or undesired thing that is published or broadcast is defamatory or breaches media ethics.
There might be good reasons for publishing the undesired information, for example, if it is truthful or is in the public interest.
Media practitioners have a duty to tell the truth, even if it is negative or undesired.
When a complaint is received, the accused media practitioner or media house will be given a reasonable opportunity to respond to the complaint.
The commission will adjudicate the matter on the basis of the complaint and the response, if any.
If no response is received, the commission will still make a determination and it will be binding on the media practitioner or media house. Depending on the facts and circumstances, the commission can conduct a formal hearing, investigation or inquiry.
The parties and witnesses will be summoned to give evidence, and can be represented by legal practitioners, if they wish.
Complaints have to be concluded and determined in the shortest possible time, within 60 days from receiving the complaint.
As the internet and social media grow in dominance, more online media offences and complaints are being generated.
However, the majority of online publishers and broadcasters are anonymous, so little or nothing can be done to address complaints because orders cannot be enforced.
If the commission finds that media ethics or a code of conduct have been breached and that the complainant has indeed been harmed, it will make a determination to give redress.
It can order payment of compensation to the complainant or direct the complainant to seek redress in the courts.
The commission’s order can be registered at the High Court, whereafter it can be enforced like any court order or judgment.
*Miriam Tose Majome is a commissioner of the Zimbabwe Media Commission
Online Reporter