Media freedom last week was put under the spotlight with the removal of the Fiji Sun publisher, Australian Russell Hunter, as well as the release of the controversial Fiji Human Rights Commission report on the freedom and independence of the media by Hawaii-based academic Dr James Anthony. Many see it as the interim government's indirect move to control media freedom.

It is an accepted fact worldwide that the government and media cannot see eye to eye.

Are these recent attempts to make sure the media really walks the fine line?

TIMES: Has media freedom and independence changed since the council was formed in 1996?

TARTE: You should perhaps first ask what is freedom of the media. It is often defined as the right to communicate ideas, opinions and information without government restraint.

So is the media free in Fiji? The answer is yes and no. Under section 30 of the Constitution, freedom of the press and other media is guaranteed but that freedom has its limits in the interests of national security, public safety and order, public morality and health, the orderly conduct of national or municipal elections. Protection of maintenance of reputation, privacy, dignity or the right and freedom of other persons from hate speech or offensive or inaccurate media reports, preventing the disclosure of confidential information, maintaining the authority and independence of the courts, imposing restriction on holders of public office and regulating the technical administration of communications.

The media is also bound to comply with the 36 provisions of the Media Council's code of ethics and practice as well as each individual media organisation's own code of conduct.

These arrangements have been in place since the Constitution was enacted and the council's codes were put in place 12 years ago. So, little has changed since then. What has changed in the past 20 years is the environment in which the media in Fiji must operate. This is largely due to political instability.

Various legitimate and illegal regimes that have taken power have had different attitudes toward the media and the media have had to adjust in order to carry out their functions, which, in essence embraces the people's right to know and have access to information about government policy and decision making. Gathering accurate information for the public has been difficult and dangerous and because of the situation, much of the reporting has been negative. A further impact of political and economic unrest has been the loss of trained staff who have migrated.

TIMES: How have these issues been addressed by the council?

TARTE: On various occasions during the 2000 coup and again in 2006, the intervention of the council in order to facilitate dialogue between the media operators and the regimes has been helpful. In December 2006, when military officers were placed in media organisations to monitor what was published or aired, I arranged a meeting with the interim Prime Minister and the soldiers were withdrawn. He gave an assurance that media freedom and independence would be preserved. The council itself has been very vigilant in speaking out when the freedom of the media was in any way threatened.

TIMES: What has been the impact of media freedom following the removal of Fiji Sun publisher Russell Hunter?

TARTE: Without knowing the specific reason for Mr Hunter's deportation, it is difficult to comment on the correctness of the government's decision. What is clear however is that his constitutional rights have been violated. Section 25 provides that "every person has the right to freedom from cruel, inhumane, degrading treatment". There is no question that his treatment was cruel, inhumane and degrading.

The perception, both in Fiji and abroad, is that through this action, media freedom and Fiji's political, economic and social credibility has been further jeopardised.

It has sourced the relationship between the media and the government and no doubt it will result in journalists and media organisations reverting to some form of self-censorship.

TIMES: How effective is the council when it comes to this kind of situation?

TARTE: THE council is representative of various community interests as well as media organisations. When the council speaks out in opposition to a matter such as the deportation of Mr Hunter, it expresses a public as well as media concern and any government should listen.

TIMES: Is the release of Dr James Anthony's report a threat to media freedom and independence?

TARTE: Every institution needs to be examined from time to time. The media is no exception. The last time this was done was in 1996 when the Thomson Foundation, an international reputable organisation, was engaged by the government. It consulted widely and handed down a report that was accepted by all. I consider the Fiji Human Rights Commission missed an opportunity to invite such an organisation to report on media freedom and independence in Fiji. Instead, the commission privately drew up terms of reference and brought to Fiji a person of questionable credibility who invites controversy. Of course the report will influence some and may damage media freedom and independence but I believe that people with wisdom and common sense will view it as nothing more than an emotive diatribe by a person with an old colonial bias set on trying to correct problems that no longer exist in Fiji.

TIMES: The media has always faced confrontation from the public and private sectors concerning its roles and responsibilities. Are these relationships jeopardising media freedom?

TARTE: Governments and the media seldom see eye to eye. There has always been what is called an "adversary relationship". The media's role is to provide free flow of information. Searching for information is often very difficult as the custodians do not like to part with it. This reluctance often results in reporters not getting all the facts, so they write an incomplete story and incur the wrath of the government. There is a fundamental principle that officials often fail to appreciate, that is "the people's right to know." Ever since the Constitution came into force there has been an obligation of the government to enact a Freedom of Information Act. This has never been done but it is also said that perhaps, news directors in the media have too much power.

Their task is to sift information. They may eliminate a story, a picture, a viewpoint, perhaps put a certain twist on something, they manage news.

As far as the public is concerned, it is vital for any media organisation to win the public's trust. Unless they do, they will fail. In Fiji all but one media organisation are privately owned. It is therefore vital that they have the public's confidence so they can earn revenue from their endeavours. Otherwise, they may close down. They must therefore understand what the public wants and satisfy those needs. The media's role is not just about providing news. The public also want entertainment, information and education. Like the reports of news they must be reliable, accurate and balanced. In today's press, radio and television, the public must also have a voice.

TIMES: Is there a need to monitor the way information is disseminated?

TARTE: The media in Fiji is owned by private commercial companies. It is incumbent on them to carefully monitor whatever is broadcast or printed. No such company would accept a separate body to scrutinise their material. It does not happen in any democratic society. However, there must be some avenue for the public and the government to obtain redress for any breach of the law or code of ethics and practice. There is such a process in place now. Some may say it is not adequate. If that is the case, it should be re-examined.

TIMES: Is there a need to improve reporting and training of journalists?

TARTE: Of course, constant training is critical. The University of the South Pacific has had a journalism school going for many years and the head of the school serves on the Media Council. The council has also been working with the Fiji Institute of Technology in the establishment of a certificate course in journalism which is now two years old. Each media organisation also conducts their own in-house training. There is a demand for people with journalism training to become PR and press secretaries. While media freedom is a constitutional right, it must always be exercised with due respect for the parameters in which the media must operate. The media is enormously powerful but the owners and operators must, at all times, be cognisant of the reality that the government is more powerful. Elected governments can change the law any time and regimes such as we have at present do not have to answer to anyone. We live in an ever-changing world where the role of the media is also evolving. In more stable places such as Australia or New Zealand, the place and role of the media in society is clearly defined and accepted. However, here in Fiji the situation is politically volatile because there is a complex mix of cultures and languages, wide disparity in educational levels, and a relatively small market.

Media organisations must walk a fine line in order to survive. FT Online/Pacific Media Watch, 03/03/08.