The Assembly of the Republic of Mozambique will begin, this Wednesday (18), a general debate on the draft media and broadcasting laws presented by the government. The process comes after two decades of discussion within the sector and aims to update the legal framework in light of the changes that have taken place in the country.
Since 2006, various media stakeholders have been attempting to move forward with the revision of the current Press Law. Last year, the director of the Information Office (Gabinfo), Emília Moiane, indicated that the proposals would reach Parliament after the Executive Branch established a technical team to work on the revision.
The parliamentary session is taking place in Maputo and is scheduled to begin at 8:30 a.m. local time (this Wednesday, the 18th). The debate marks another step in a process that has been dragging on for years, with the aim of adapting the legislation to the new dynamics of the media sector.
According to a report by Lusa, the legislative revision aims to criminalize and hold media professionals accountable, including for defamatory online publications. The proposals also include the creation of a regulatory body and the introduction of a mandatory press card for practicing journalism.
The proposed Media Law provides for the creation of the Media Regulatory Authority (Arcos), which will be responsible for regulating, supervising, and monitoring media organizations, as well as imposing sanctions on them. The authority will be “an independent public-law entity with legal personality and technical, administrative, financial, and asset-related autonomy.”
According to the document, all entities engaged in media activities in Mozambique, including digital platforms, news agencies, and broadcasting service providers, will be subject to Arcos’ supervision. The entity will also be responsible for ensuring the mandatory registration of media organizations prior to the commencement of their operations.
Arcos will also be responsible for issuing professional licenses, which will become mandatory for practicing journalism. The new legislation further establishes criminal liability for crimes related to press freedom, stipulating that “in cases of dissemination via the Internet, the author of the content and the person responsible for the website and social media platform are jointly liable.”
The law also sets forth rules regarding crimes of defamation and slander, stipulating that “if the offender proves the facts alleged, and such proof is accepted, he or she shall be exempt from punishment. Otherwise, they shall be punished as a slanderer under the terms of the specific law.” It further stipulates that “proof of the truth of the facts is not admissible if the offended party is the President of the Republic,” and also provides for the possibility of the State acquiring stakes in private entities based on the public interest.
