ETHIOPIA'S NEW PRESS LAW: BEWARE "OFFENSES"

UNCLAS SECTION 01 OF 02 ADDIS ABABA 000032

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV KPAO PHUM ET
SUBJECT: ETHIOPIA'S NEW PRESS LAW: BEWARE "OFFENSES"
THROUGH THE MASS MEDIA

REF: A. ADDIS ABABA 890

B. ADDIS ABABA 2162


1. (SBU) Ethiopia's new press law, the "Freedom of the Mass
Media and Access to Information Proclamation," came into
effect December 4, 2008 (although Part Three, the "Access to
Information" portion, will enter into force on December 4,
2009 unless that deadline is extended by Parliament). The
new press law affirms on paper Ethiopia's constitutional
guarantees of freedom of expression and freedom of the press,
regulates the registration, conduct and corporate governance
of mass media (both print and broadcast) organizations and
delineates citizens' rights to access information held by the
government or other public entities. Curiously, the press
law requires the Ministry of Information, formally dissolved
in November 2008, to register and otherwise provide
regulatory oversight for mass media organizations. Ethiopian
Government (GoE) sources have told us that a new entity, to
report to the Prime Minister's office, will replace the
Ministry of Information, but has not been formally launched.
The final version of the law contained few of the substantive
changes requested by stakeholders at a USG-supported public
stakeholder-government discussion of the draft law in March
2008 (Ref A).


2. (SBU) Although the press law largely addresses procedure,
Part Five ("Taking Lawful Measures") allows for criminal
liability for "criminal offense(s) committed through the mass
media." The press law further provides that "any person who
is suspected of committing an offense shall be brought before
the court" whether or not a police investigation into the
potential offense has been conducted. An "offense through
the mass media" is not a defined term and although no
government entity is designated with primary responsibility
for bringing a suspect before the court, in the past the
attorney general, the police and the court have exercised
that authority in Ethiopia (and such authority generally
encompasses detention as well). As a result, the press law
codifies the state's power to detain and prosecute mass media
practitioners at will, although it does provide some explicit
procedural recourse for the accused (such as the right to a
hearing within 15 days of the filing of a charge, and the
right to obtain a copy of the charge, along with any
evidence, at least five days before the commencement of a
trial).


3. (SBU) Most mass media practitioners with whom we have
spoken said they are disappointed with the law because they
perceive the law to restrict their work rather than protect
them. Most journalists contend that, as a practical matter,
the law will have little effect on the mass media's current
practices because the state already keeps close tabs on
journalists and has not hesitated to prosecute them under the
penal code for any number of genuine or perceived affronts to
the government or its agents (Ref B). One prominent editor
also lamented that the freedom of information provisions, if
implemented to the letter, would be onerous and create
significant delays in obtaining information from government
sources. The editor also raised concerns that provisions
under which defamation cases can be brought are over-broad
and therefore may be subject to abuse by either the state or
individuals, both of whom have standing to bring defamation
cases.

COMMENT
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4. (SBU) The threat contained in the new press law of
criminal prosecution for ill-defined offenses "through" the
mass media is yet another measure the Ethiopian government
has introduced to consolidate and extend state authority, to
the detriment of democratic and rule of law progress.
Particularly concerning is the provision allowing the
government to commence legal proceedings against media
practitioners based solely on the "suspicion," rather than
explicit evidence, that they have committed an offense. Post
will continue in our frequent interactions with relevant
government interlocutors to encourage the government to
revisit both the spirit and letter of the press law to better
ensure freedom of the press and freedom of expression. As of
now, the "Fourth Estate" in Ethiopia faces the choice, when

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reporting on anything related to the state, of
self-censorship or possible arbitrary arrest and detention.
End Comment.
YAMAMOTO