From Concept to Design: Semi-Permissive Environments
Box 5.4. Enabling Environment: Keep in Mind • Donors can often use existing treaties, such as Article 19 of the Universal Declaration of Human Rights, in advocating for more open information environments. • Because media enabling environment goals are often very large and difficult to achieve, organize them into a hierarchy. Identify the broad issues that must be dealt with first, then move to more specific issues. • In working on changes to media legislation/regulation, build in structures for implementation, both legally and in the broader society. For instance, involving civil society in the development of key legislation increases the likelihood of its involvement in implementation and thus gives it a greater chance of success. Also keep in mind the cost of implementation, and factor that into all relevant budgets. • Be patient—legal reform may take as much as several generations to be implemented and become part of the national culture. Such programs may also be costly. • Take time to build trust and grounded relationships with local media and with communicationrelated legislators and policymakers; without their support, lasting change in the enabling environment is not possible. • Establish an advisory board to develop a concept for media legal reform that can be published and presented to the government as a policy option, and build public support around this document. • Establish contacts among local attorney associations, local media, and individual journalists to encourage the formation of long-term relationships. Networking among local actors is important. • Consider what is possible. For instance, if decriminalization of libel is unlikely, break the problem down into the charges convicted journalists might face (prison or fines). Or, if total decriminalization is impossible, try to get imprisonment off the table. • Setting up an independent regulator from scratch takes a lot of time, money, and political will. Setting up commissions can be difficult as they need structures, protections, appointments, and community buy-in. • Promote transparency of media ownership by establishing a legal framework that demands it. If a regulator is in place, ensure that it has the necessary powers to request that media outlets give information about their ownership. • In supporting state broadcasters, sequence your support and have them report on their progress. State broadcasters should make a commitment and show change before donors proceed to the next level of support. First require editorial independence, then an increase in financial independence. • Incorporate media literacy elements into enabling environment programs. A citizenry that is informed about the role of the media, sophisticated in its information-seeking, and knowledgeable about the relationships among the media, civil society, and government can help solidify the enabling environment for an independent media sector. • Ensure access to licenses for different societal voices and different types of media.
environments—particularly during conflict or immediately postconflict— issues such as hate speech require special attention. Depending on the needs of the media sector, assistance can be provided to set up a formal or unofficial self-regulatory body charged with mediating between citizens and print/ online media, improving professional standards, monitoring unprofessional reporting or conduct, and serving as a watchdog to protect the media from undue influence. Donors can provide assistance to set up a governance structure for this body and ensure that it balances its responsibilities to the press and the public fairly. +++
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