Assessment of the media proclamation no.1238/2021: its Compatibility with international laws and the fdre Constitution

Abstract

The right to freedom of expression and the media are firmly established in international instruments, regional instruments, and the FDRE Constitution. It is subject to restrictions provided by law, for legitimate purposes, and as proved necessary. Accordingly, national legislation should be framed in line with higher laws. The former media laws of Ethiopia have provisions with the effect of curtailing freedom of expression and media. To minimize such flaws, the parliament adopted media proclamation No.1238/2021.The objective of this paper is to assess the compatibility of this proclamation with international laws, and the FDRE Constitution. Moreover, it assesses the implications of the proclamation on the right to freedom of expression and the promotion and protection of other human rights. It also discusses the legal framework for freedom of expression and the media. To this end, the study employed a qualitative approach using both primary and secondary sources of data. In its scope, this study limits itself to an inquiry into the laws without dealing with the practical aspect of the media proclamation. Internationally, freedom of expression is recognized under the UDHR, ICCPR, CRC, CRPD and ICMW. Regionally, it is provided under ACHPR, ECHR, ACHR and other soft laws. In addition, there are decisions by different tribunals on the issue. Art.29 of the FDRE also recognizes freedom of expression. Proclamation No.1238/2021 has 92 articles divided into seven parts. The study revealed that the proclamation made improvements in the establishment of independent authority, the decriminalization of defamation, private ownership, scope of application, and types of administrative measures. On the other hand, some provisions regarding the prohibition of broadcast licenses for individuals, political parties, and religious institutions need further modification. As well, inadequate coverage is provided to vulnerable groups. The study found the prohibitions contrary to international laws and the FDRE Constitution. Furthermore, double administrative measures are provided for a single fault. The study recommends that the provisions of the proclamation prohibiting broadcast license be amended, leaving the determination for the authorities to see on the basis of the need for diversity. Moreover, provisions providing double punishment for violation of a single provision should be amended with a single measure. As well, provisions should be added to give adequate coverage to vulnerable groups and government should take necessary measures for practical implementation of the proclamation extra-territorially.