Media laws at Marshall Islands
The Republic of the Marshall Islands (RMI) generally upholds a commitment to media freedom, which is enshrined in its Constitution. However, like many small island developing states, its legal framework for media is still evolving and faces practical challenges.
Here's a breakdown of media laws and related aspects in the Marshall Islands:
1. Constitutional Guarantees:
Article 2, Section 1 of the Constitution of the Republic of the Marshall Islands (1979, with amendments): This is the cornerstone of media freedom. It explicitly guarantees the right to freedom of speech and of the press.
It states: "Every person has the right to freedom of thought, conscience, and belief; to freedom of speech and of the press; to the free exercise of religion; to freedom of peaceful assembly and association; and to petition the government for a redress of grievances."
Limitations: The Constitution also notes that these rights are not absolute and can be subject to "reasonable restrictions imposed by law" if necessary to preserve public peace, order, health, or security, or the rights and freedoms of others.
2. Specific Media-Related Legislation:
Radio Communication Act of 1993: This is the primary law regulating radio and television communications in the RMI. It covers:
Licensing of broadcasting services and stations.
Frequency authorization and management.
Provisions related to public safety and efficient spectrum use.
Penalties for violations of the Act.
Establishment of the Communication Regulation Fund.
Defamation Act 2019: This Act, passed recently, updates the laws concerning defamation (slander and libel) in the Marshall Islands.
Defamation is a civil offense in the RMI, not a criminal one.
The burden of proof lies with the person claiming defamation.
It specifies that libel and slander are actionable without proof of special damage.
It covers statements made in various forms, including traditional media and social media.
Common defenses include truth, privilege, consent, and fair comment.
Remedies can include damages, injunctions, and retractions/apologies.
3. Regulatory Bodies:
Ministry of Foreign Affairs and Trade: Historically involved in issuing broadcasting licenses.
Marshall Islands Telecommunications Authority (MITA): Manages telecommunications and broadcasting services.
The Courts: The judicial system handles cases related to media, including defamation claims and constitutional challenges.
4. Key Characteristics and Challenges:
Absence of Freedom of Information (FOI) Legislation: A significant gap in the RMI's media legal framework is the lack of a dedicated Freedom of Information Act. This means there isn't a strong legal mechanism for the public or media to demand access to government information, and the government has sometimes been uncooperative in granting such access.
Self-Censorship: While the government generally respects media freedom, there can be instances of self-censorship, particularly on politically sensitive issues, due to the small size of the community and close-knit relationships.
Limited Infrastructure and Funding: The development and dissemination of information are often limited by the country's communications infrastructure and the financial resources available to media outlets.
Online Defamation: With increasing internet penetration, the Defamation Act 2019 addresses the application of defamation laws to statements made on social media platforms.
Cybercrime Legislation (Developing): The RMI is in the process of developing more comprehensive cybercrime legislation. While the Criminal Code of 2011 has some limited provisions (e.g., illegal interception, harassment using telecommunications, general forgery which might not cover electronic means), there's an ongoing effort to introduce a Cyber Security Act and a Cyber Crimes Act to address modern digital threats, which could impact media operations and online content.
Media Landscape: The RMI has a mix of media, including the independent weekly newspaper, The Marshall Islands Journal, the state-run national radio station V7AB, and some private and church-owned radio and television stations.
In summary: The Marshall Islands' media laws are rooted in a constitutional guarantee of freedom of speech and the press. Specific legislation, like the Radio Communication Act and the Defamation Act, provides a regulatory framework for broadcasting and content. However, the absence of a Freedom of Information law and the ongoing development of cybercrime legislation are areas that continue to shape the media environment. The government generally respects media freedom in practice, but practical limitations and the potential for self-censorship remain factors.
RELATED Blog
0 comments