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RESTRICTIVE CONCLUSION: The Final Report of the MOG into 2014 Elections says the media in Fiji was restricted but poll free and fair!

13/4/2015

9 Comments

 
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The Multinational Observer Group (MOG), co-led by Australia, Indonesia and India, was invited by the Fijian Government to observe the 2014 Fijian Election. The MOG Co-Leads were Peter Reith (middle) of Australia, Ambassador Wahid Supriyadi (right) of Indonesia and Sayan Chatterjee (left) of India.

"Some parties claimed that the campaign environment was restrictive and lacked a level playing field, including access to the media. They complained that they were frequently unable to get their views published in the media and claimed that some media outlets were biased towards FijiFirst. Some of the smaller parties also complained that media outlets were biased towards the larger parties. While the MOG observed bias by some media outlets, as reported above, it concludes that political parties had enough access to the media to enable voters to make an informed decision on Election Day." - MOG Final Report

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4 Media Environment

4.1 Media in Elections


The Constitution of Fiji (
section 17) provides for freedom of ‘speech, expression and publication’.

The media in Fiji made good efforts to cover the election and political parties were, to varying degrees, able to communicate their messages to the public. However, the restrictive and vague media framework, including potentially harsh penalties, limited the media’s ability to rigorously examine the claims of candidates and parties. In February 2013, the Government amended the Political Parties Decree and prohibited the media from referring to prospective parties as ‘political parties’ until they were registered.

This included established parties that were seeking re-registration (news organisations faced fines of up to FJ$50,000 or a five-year jail term for violation). There were complaints of media restrictions from some parties, highlighting the threat of penalties under the Media Industry Development Decree 2010. Nevertheless, the press began to report more widely on the political process, including some criticism of the Government. The MOG believes that engagement through the media is essential, in order to encourage public ownership of the electoral process.

The repeal of section 18A of the State Proceedings Act in June 2014, which had conferred comprehensive protections to the Prime Minister and Ministers from prosecution arising from any personal or official statements (and media organisations that reported them), also had a positive impact as it provided a legal solution for those who considered themselves libelled, slandered or defamed.

4.2 Media Industry Development Decree


Media in Fiji is governed by the Media Industry Development Decree 2010.
Following the Decree, the Media Industry Development Authority (MIDA) was established in October 2013 as the government body responsible for initiating and prosecuting complaints against the media. The Media Decree sets out the standards for reporting that media outlets are required to comply with, including:
• a duty to be balanced and fair in their treatment of news and current affairs and their dealings with members of the public;
• an obligation to give an opportunity to reply to any individual or organisation on which the medium itself comments editorially; and
• to show fairness at all times, and impartiality and balance in any item or program, series of items or programs or in broadly related articles or programs when presenting news which deals with political matters, current affairs and controversial questions.

In relation to elections in particular, MIDA carried out a number of functions. Most notably the MOG observed MIDA’s role in media accreditation, policing the campaign blackout and ongoing investigative work.

Media Accreditation


The FEO required all media personnel wishing to have access to elections to be accredited. To gain accreditation, media (including international media) had to be registered with MIDA first. The MOG received a number of complaints about this process, which generally related to a lack of clarity over accreditation procedures. The deadline set for submitting applications was considered too early by some media organisations (this was subsequently extended after a suggestion by the MOG) while others were unaware that they had to apply both to MIDA and the FEO for accreditation. The MOG is not, however, aware of any media organisations that applied for accreditation and did not receive it. A statement from MIDA on 15 September said 431 local and 37 international media personnel were registered with MIDA and accredited by the FEO.

Policing the Campaign Blackout


The Electoral Decree gives MIDA authority to investigate any breaches of the 48 hour campaign blackout. The Decree also gives MIDA the power to approve reporting during the blackout period. MIDA provided briefing to local and international media in order to explain the campaign blackout, although many commented that this was unclear. The interpretation of this section of the Electoral Decree was broad, and included any media that could be accessed in Fiji (i.e. any international online media). The burden this placed on MIDA and media organisations was heavy. MIDA did not take any action against media outlets for breaching the blackout and it did not directly hinder reporting of the elections.

Ongoing Investigative Work


Under the terms of the Media Decree, MIDA has ongoing powers to investigate any complaints made against media organisations. A number of cases were referred to MIDA in the course of the election campaign, including one against a television station for ‘giving unfettered prominence’ to comments by Ratu Timoci Vesikula that were deemed by MIDA to be hate speech, and another against Prime Minister Bainimarama and The Fiji Sun newspaper for comments claiming SODELPA was involved in plotting to release George Speight (convicted for staging a coup in 2000).

Recommendations

• The media accreditation process should be simplified and all media outlets, including international media, should have sufficient advance notice of deadlines and timelines.
• The Media Industry Development Authority should issue clear, timely and practical reporting guidance.
• Penalties for breaching election-related reporting rules should be reviewed.
• Should the Media Industry Development Authority continue its role in future elections, there is a need for an independent institution to adjudicate complaints about its actions, consistent with Fiji’s legal and constitutional framework.

4.3 Effectiveness of Media

The effectiveness of the media to provide informed choice on Election Day varied greatly between the urban and rural areas. Voters in the urban areas had access to a reasonably diverse range of media. As of September 2014, a total of 34 media outlets were officially registered under MIDA, including newspapers, magazines, radio stations, TV stations and social media. Radio is the most important source of information for many Fijians and played a crucial role in distributing information about both the political and administrative aspects of the election. In remote areas, word of mouth was the most common way of disseminating information.

The coverage of the electoral campaign in the final weeks before the election included instances of both neutrality and partiality among the local media. While effort was made by some domestic private media (Fiji One TV, Communications Fiji Limited) to allocate an equitable amount of airtime to the different candidates and political leaders through special election programs, some media organisations appeared to exhibit political biases.

The MOG believes that any public complaint on biased media coverage should be addressed and adjudicated by an independent institution regulated by law. Some parties claimed that the campaign environment was restrictive and lacked a level playing field, including access to the media. They complained that they were frequently unable to get their views published in the media and claimed that some media outlets were biased towards FijiFirst. Some of the smaller parties also complained that media outlets were biased towards the larger parties. While the MOG observed bias by some media outlets, as reported above, it concludes that political parties had enough access to the media to enable voters to make an informed decision on Election Day.

Recommendations

• There is a need for a regulation as well as an independent institution to prevent and adjudicate media biases, thus ensuring a level playing field among election participants.


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MIDA chairman Ashwin Raj:
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Summary of Findings

• The outcome of the 2014 Fijian Election broadly represented the will of the Fijian voters. The conditions were in place for Fijians to exercise their right to vote freely.
• There was strong interest in contesting the election, with 248 candidates from seven political parties and two independent candidates. In general, political parties were able to mobilise and candidates were free to campaign. The campaign period was peaceful.
• Civil society participation in the electoral process was unduly restricted, including because of prohibitions contained in Section 115 of the Electoral Decree 2014.
• The media in Fiji made good efforts to cover the election. Political parties were, to varying degrees, able to communicate their messages to the public. However, the restrictive media framework, including potentially harsh maximum penalties, limited the media’s ability to rigorously examine the claims of candidates and
parties.
• Despite a new, unfamiliar and complex voting system, the Fijian Elections Office (FEO) administered the elections effectively. Polling officials were well-prepared and voting procedures were generally followed correctly. The tasks of political party polling agent education and voter education were complicated by the effect of Section 115(1) of the Electoral Decree.
• Police played an important role in the elections, building confidence and assisting in a neutral manner when needed.
• FEO and the Electoral Commission ran an extensive voter information campaign, which appeared to reach most voters. Some voters in remote areas did not have sufficient access to voter information.
• The counting process, while onerous, appeared well organised and thorough, both at polling stations and at the National Counting and Results Centre. The Multinational Observer Group (MOG) did not observe any significant irregularities in the counting process, but the progress of the count could have
been better communicated to the public.
• The MOG did observe some problems, particularly in voter registration, prepolling and postal voting, which stemmed at least in part from the short preparation time and miscommunication, especially related to pre-polling.
• The election was enthusiastically embraced by the voters of Fiji, who were keen to participate in the democratic process. The MOG observed that the election was conducted in an atmosphere of calm, with an absence of electoral misconduct or evident intimidation.
• No challenges were submitted to the Court of Disputed Returns.

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9 Comments
Rp
13/4/2015 03:21:44 pm

What do these International Idiots know? They were here for a Fijian holiday at the behest of conniving few, for a Fijian Holiday, holiday they had. It is most likely that the report was already prepared few months ahead of the elections itself.

We, the people of Fiji know, how unfair the media was and still is both due to political pressure, and/or being party to the FF Conniving party.

1. FTV getting 6 monthly licensing renewals;
2. FBCTV set-up by connivers with a loan of $24m - another NBF type scheme ready to happen;
3. Illegal gov't only using one print media, Fiji Sun, and its most biased and unprofessional journalist;
4. Total shut-out of other parties in any hearing by the electoral commission;
5. Literally, kids at the helm of Electoral Commission - what MQR?;
6. ?????the list goes on on and on till you get to Australia/Indonesia/and India;
7. International agencies were given clear directives on what they wanted to see - and that's exactly what they saw - very shallow and circumstantial, totally and far removed from the realities, that we know as facts.

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Fiji First Party
13/4/2015 03:57:56 pm

Was the MOG even aware that the big boys [Intellectual Property Chors/Thieves) Bai/Kai Stole the Fiji First Party name from the smallest, weakest, youngest Political Party which the Minister of Multiple Affairs (Khaiyum) Stole (by destroying official records) with such immunity.

And what’s the excuse of Fiji Media not reporting such blatant thievery even until now?

FijiFirst is a Chor Party – if they can STEAL our name -then they can and they have STOLEN our elections – right under the noses of the blind (and bought and therefore corrupt) MOG.

So Shame on the members of the BS MOG and their BS report.

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Also
13/4/2015 04:37:19 pm

Did the MOG observe ANY ‘conflict of interests’ in the activities of the Minister of Multiple Affairs (Khaiyum) also being the National Secretary of the FijiFirst ?? - Nothing in their report !

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??
13/4/2015 04:02:07 pm

The observer group hadn't a clue when the elections actually started ! So what were they observing ????

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FullChow MOG
13/4/2015 04:16:47 pm

Free and Fair has a different meaning to Reith, Supriyadi and Chatterjee than what it means to the People of Fiji.

The Trio may have more to say about our five star cuisines than the elections.

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The 1997 Constitution Lives
13/4/2015 04:30:02 pm

The MOG acknowledges that “in April 2009, the Fiji Court of Appeal found that Qarase’s dismissal had been illegal. Bainimarama and his cabinet stepped down but in the following days the Fiji President dismissed the High Court, abrogated the 1997 Constitution and reinstated Bainimarama and his Cabinet.”

However, the MOG makes no comments on the powers and the ability of the President to abrogate the Constitution. The President had zilch powers to abrogate the 1997 Constitution.

So the very elections the observers so diligently observed were illegal and unconstitutional. What waste of time…

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jay
13/4/2015 04:36:14 pm

Please don't say they were hand pick by the regime,who knows what happen behind the curtain well before their name appear.
When media is restricted its automatically lack of information to the masses which is the ploy of all militarize regime the world over, it definitely deny the masses critical information before they decide for themselves who to vote.

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Weaky Leaks
13/4/2015 06:35:06 pm

Was it not that USA instructed NZ & Aussies to do what must to get Fiji back... and that reflects in this observer findings...!

So SODELPA you were given similar handshake by observer group when they reported 2001 Elections was Free and fair....

What goes around comes around...no matter how much we all try to justify rights and wrongs.

Federation Party, Labour Party, PANU and FAP have been the ones wronged in the past but no one gave a damn... But adding some more names in the list this time will not make a difference to call it not free and fair election.

This is why SODELPA has not been aggressive in defending their claim as that will bring back defence from new breed of politicians.

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Bahuki
15/4/2015 03:11:48 am

Media blackout as in blackout for the other parties except Fiji Flop since those decrees greatly restricted them from reporting freely right under the noses of the international observers who had no clue what was really going on.

And I thought the elections was rigged but then again, the supposed "electoral decrees" are not so surprising anyways.

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