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The National Union of Somali Journalists (NUSOJ) expresses outrage over the passing of a contentious anti-media legislation that introduces strict media restrictions and heavy fines.

On Monday, 1 September 2014, Somalia's Council of Ministers narrowly passed a draft media law presented by the Minister of Information, Mustaf Sheikh Ali Dhuhulow, in an attempt to control the independent media under the guise of regulation.

"The broad restrictions laid out by this legislation invite both its abuse by Somali authorities to silence their critics, control independent media, disproportionately punish journalists and self-censorship on the part of journalists and media houses in order to avoid potential repercussions," said Omar Faruk Osman, NUSOJ Secretary General.

"The government has not honoured its pledge to introduce a media law that would expand the margin for free expression and promote the media landscape".

Article 6 of the draft media law establishes a National Media Council, which consists of thirteen (13) members. 6 of the thirteen members will be appointed from the Ministry of Information while 4 members will be appointed from independent media. The remaining three members will be appointed from civil society, particularly from the National Human Rights Commission, the National Women's Organisation, the Solicitor General or the Somali Bar Association. The National Media Council shall be appointed by the Ministry of Information, according to article 6, provision 6.2 of the bill.

This article clearly establishes a media regulatory body which is dominated by the Ministry of Information with most of the members and is appointed by the same ministry. The council undoubtedly lacks independence, credibility and the journalistic community and the wider public will have no faith in it.

All media houses including newspapers must register at the Ministry of Information and pay an unspecified annual license fee to get a licence from the ministry, according to article 7, provision 7.3. This opens the door for the ministry to politicize the issuance of licenses and deny any media house that they may deem to be critical to them.

The draft media law further states that a journalist or media house shall pay a fine between US$5,000 to $10,000 for breach of the "code of ethics", according to article 3, provision 3.4.

As stated by article 21, any media house, which is found guilty by the National Media Council and penalized to pay a fine or compensation must publish or broadcast the judgment of the council, and upon failure to do so, the media house shall pay US$20,000 for penalty.

"The proposed drastic fines will impose an enormous restraint on freedom of the media, resulting in stifling the media, as well as self-censorship," added Osman.

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Somalia: Media Law Imposes Heavy Fines On Journalists for Breaching "Code of Ethics"