NBC drags ‘biased’ media ombudsman to court
Case tests powers of media watchdog
The national broadcaster has poked holes in the conduct of the media ombudsman, whom it accuses of administrative violations.
The Namibia Broadcasting Corporation (NBC) has dragged Media Ombudsman John Nakuta to court over claims that he flouted administrative processes, and continued to make major decisions in a matter in which he is heavily conflicted.
Those decisions, NBC argued in court papers, include Nakuta accepting a complaint by two activists who accused the broadcaster of breaching the media code of ethics when it aired a ‘Talk of the Nation’ programme to discuss the activities of Canadian oil company ReconAfrica in the Kavango regions.
Nakuta, NBC pointed out, serves on the Economic Social Justice Trust with Rinaani Musutua and Rob Parker, who filed the complaint against the broadcaster.
According to NBC, Nakuta only excused himself from the adjudication process after he had already involved himself by accepting the complaint on the basis that it had merits to be heard.
After NBC provided answers to the complaint, Nakuta decided the matter must still be heard by a panel and only announced on the day of the hearing that he will recuse himself from the hearing because he is conflicted by his association with Musutua and Parker, the broadcaster said.
“In short, the media ombudsman processed a complaint received from a body, the Economic Social Justice Trust, first in which he - by his own admission - serves together with the complainants and, second, which, according to the media ombudsman, holds very strong views on the current oil drilling in the Kavango regions,” NBC director-general Stanley Similo argued in court papers.
He accused Nakuta of accepting the complaint after the prescribed period of raising grievances – which is 30 days – had lapsed, and of concealing that he was conflicted from the moment the complaint was raised.
No explanation
The ‘Talk of the Nation’ episode against which the complaint was raised aired on 21 March 2021 and the complaint was filed on 6 May 2021.
NBC said it was not furnished with any explanation why the complaint was accepted beyond the prescribed time limit.
“There is no doubt that the decision by the media ombudsman to decide on the compliant was vitiated by gross irregularity. Quite apart from the demonstrated bias, it was patently irrational,” Similo told the court.
NBC also accused Nakuta of not affording the two parties an option of settlement, as is provided for in the media ombudsman’s regulations.
“The media ombudsman unnecessarily elevated a complaint which at base was frivolous and malicious and at best vexatious, and decided to hold a formal hearing on the complaint... to promote the interest of the Economic Social Justice Trust.”
‘Not an advertorial’
The gist of the complaint by Musutua and Parker was that the talk show that discussed ReconAfrica’s activities was filled with distortions, that NBC received payment to air the show and that the show made no provision for opposing views to be aired on the matter.
In response to the complaint, NBC said the show was not a paid advertorial as claimed, and that the public was allowed to call in and give their own divergent views on ReconAfrica’s activities in the northern regions.
In its application, NBC wants the court to set aside Nakuta’s decision to investigate the complaint and for the media ombudsman to carry all legal costs involved.
Nakuta’s legal representative Norman Tjombe confirmed that they will file an answering affidavit by 19 April.
Those decisions, NBC argued in court papers, include Nakuta accepting a complaint by two activists who accused the broadcaster of breaching the media code of ethics when it aired a ‘Talk of the Nation’ programme to discuss the activities of Canadian oil company ReconAfrica in the Kavango regions.
Nakuta, NBC pointed out, serves on the Economic Social Justice Trust with Rinaani Musutua and Rob Parker, who filed the complaint against the broadcaster.
According to NBC, Nakuta only excused himself from the adjudication process after he had already involved himself by accepting the complaint on the basis that it had merits to be heard.
After NBC provided answers to the complaint, Nakuta decided the matter must still be heard by a panel and only announced on the day of the hearing that he will recuse himself from the hearing because he is conflicted by his association with Musutua and Parker, the broadcaster said.
“In short, the media ombudsman processed a complaint received from a body, the Economic Social Justice Trust, first in which he - by his own admission - serves together with the complainants and, second, which, according to the media ombudsman, holds very strong views on the current oil drilling in the Kavango regions,” NBC director-general Stanley Similo argued in court papers.
He accused Nakuta of accepting the complaint after the prescribed period of raising grievances – which is 30 days – had lapsed, and of concealing that he was conflicted from the moment the complaint was raised.
No explanation
The ‘Talk of the Nation’ episode against which the complaint was raised aired on 21 March 2021 and the complaint was filed on 6 May 2021.
NBC said it was not furnished with any explanation why the complaint was accepted beyond the prescribed time limit.
“There is no doubt that the decision by the media ombudsman to decide on the compliant was vitiated by gross irregularity. Quite apart from the demonstrated bias, it was patently irrational,” Similo told the court.
NBC also accused Nakuta of not affording the two parties an option of settlement, as is provided for in the media ombudsman’s regulations.
“The media ombudsman unnecessarily elevated a complaint which at base was frivolous and malicious and at best vexatious, and decided to hold a formal hearing on the complaint... to promote the interest of the Economic Social Justice Trust.”
‘Not an advertorial’
The gist of the complaint by Musutua and Parker was that the talk show that discussed ReconAfrica’s activities was filled with distortions, that NBC received payment to air the show and that the show made no provision for opposing views to be aired on the matter.
In response to the complaint, NBC said the show was not a paid advertorial as claimed, and that the public was allowed to call in and give their own divergent views on ReconAfrica’s activities in the northern regions.
In its application, NBC wants the court to set aside Nakuta’s decision to investigate the complaint and for the media ombudsman to carry all legal costs involved.
Nakuta’s legal representative Norman Tjombe confirmed that they will file an answering affidavit by 19 April.
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