OPINION: BWIRE - Media regulation must embrace changing environment

The changing media consumption and practice trends globally, declining media and civic space in many African countries, and related changing dynamics in the industry which have a huge bearing on regulating the media space cannot be ignored any more.

Much as there is need for new approaches to media sustainability and viability, we also need new approaches to media regulation, away from the current reactionary and policing model along which many media regulators were established.

In addition, many of the existing independent media regulators especially in Africa, co-regulators, statutory or voluntary self-regulators, were established with only with print, TV and radio orientation, yet we have now to deal with deal with digital content platforms and content producers, not necessarily conversant with professional codes of conduct.

Media regulators must quickly move away with the pre-occupation with media practitioners who play with a code of conduct and understand self-regulation as it were to regulate the larger media space, and aid in responsible media content production and consumption. The current media regulators cannot fit the bill.

Aware of this need to realign media regulation standards and practice to the reality of a change media landscape, independent media regulatory bodies and are meeting during the conference of the global organization of news ombudsmen and standards in Cape Town, South Africa this week.

African must move with the rest of the world to accept that media practice has changed and therefore even media regulation must change.

Several countries on the African continent have seen a huge growth in the number of independent media outlets and practitioners including influencers, commanding more following than traditional media, and this must be accommodated.

It’s also a time when exposure to harmful content including misinformation, propaganda, hate mongering and the general information overload is happening, which devastating effects on media consumers, especially the youth.

The majority of the audience is younger, more curious, more IT savvy, more critical, more demanding, even as the old audience is still relevant.

In addition, we note that even with the establishment of independent media councils on the continent, several countries still maintain laws that constraint media including such as Books and Newspapers, Official Secrets, Films and Stage Plays, Defamation, Preservation of Public Security, Public Order and publication of false news in their statutes, clear indication that there is still mistrust with the media councils to manage independent media.

Among the trends that are being observed within the media space and that call for new approaches to regulation include control over content is shifting from the provider to the end-user, audience diversification and platforms.

The realities of running a media organization (at the economic level) have changed. The realities of audience power and control over content have also changed. The gap between the information “haves” and information “have nots” is no longer obvious (easy to measure). The poor own phones, the rich don’t read, people enjoy TV without understanding a word that is said etc.

The environment for doing business in the media is constraining which is hindering public interest focus of the fourth estate.

Government does great  media buy in the advertising sector, regulators failed to protect media from copyright infringement and content theft by technology giants and online platforms that get content from where they have not invested, regulation is extending on limiting advertisements on traditional media whereas same products are being advertised throughout on online platforms whereas research either through independent institutions or public universities into current audience tastes and revenue focus in the media industry have collapsed.

Because of lack of dialogue and honest information sharing and engagements between government, regulators, and media owners/managers, many decisions affecting media business are made in the dark and without current data or industry trends.

For example, advertisements on alcohol are banned on traditional media citing protection of children/minors but allowed online yet global trends indicate minors largely consume content from online contents.

Children are likely to complain at home when WIFI is terminated than when you have not bought a newspaper of the TV/radio is off- on whenever on TV, they watch online channels where advertisement of harmful content is available without watershed limitations. There is no research that guides policy decision relating to the industry. That’s why calls for a media support fund have gained currency.

Content regulation, information integrity and responsible use of digital platforms has gained currency as communities deal with the expanded space for freedom of expression and access to information.

In addition to global professional standards on regulation of information outlets including journalists which is generally accepted, some issues, which thought platform providers had though well handled through the community rules, seem disturbing thus attracting attention. 

We need more players and coalitions bringing together governments, regulators, and citizen representative organizations to work jointly on regulation that encompasses media and digital literacies, media support on public interest issues and expanded media debates for people to appreciate the place of independent media in the democracy debate.