The role of the High Independent Authority of the Audiovisual Commission in Tunisia

02.02.2015 - Paris, France

“Freedom of expression is the base of all other liberties”, affirms Nouri Lajmi, President of the « Haute Autorité Indépendante de la Communication Audiovisuelle » (High Independent Authority of the Audiovisual Commission [HAICA]) and former journalism professor.  

HAICA is the independent body mandated with the regulation and mediation (Art. 125 and 127) of the media sector. Established by the Decree-Law 116-2011, its creation was announced in the Palais de Carthage in Tunis on World Press Freedom Day, 3 May 2013. The role of HAICA is central to Tunisia’s democratic transition, as it now has an independent Commission that must approve the nominations of media leaders, attribute frequencies for new television and radio stations, and control the time allocated by media to political parties during electoral campaign periods. HAICA also plays a fundamental role in the media sector’s reform and accompanies its development as it continues to diversify after the fall of Ben Ali in January  2011. 

Since its establishment, UNESCO has supported HAICA with technical assistance and facilitation of best practice exchanges at the regional and international levels. The creation of such a body was actually one of UNESCO’s recommendations in its Assessment of Media Development in Tunisia, based on the UNESCO Media Development Indicators, published in September 2012.

HAICA has gone to great lengths to organize the media landscape, to consolidate the role of media as a space for democratic debate, to promote their independence and to ensure the respect of the media field’s rules. To better understand the role of HAICA in this transitional phase, we asked its President, M. Nouri Lajmi, to share his experience with us. 

Could you give us your definition of freedom of expression? 

Freedom of expression is the base of all other freedoms. It is not without significance that for the European Court of Human Rights, freedom of expression, guaranteed by article 10 of the European Convention of Human Rights, constitutes one of the essential foundations of democratic society and is an essential condition for its progress and for every individual to thrive. This is why we see it in constitutions and fundamental law texts, at both the national and international levels. 

According to you, what is the role of a media regulatory body?

First, we must ask ourselves this question: what is regulation and why do we create these bodies? We could have limited ourselves to managing the sector through a legal framework, the way it is done in other fields, but the sensitivity and particularity of the media sector puts it at risk of being subjected to political or financial domination. Therefore, it is necessary to employ independent structures, as we see in many countries that have had positive experiences in this area. Independence enables a regulatory body to avoid becoming an institution for censorship. Protecting freedom of expression and regulating and ensuring the proper functioning of the media sector remain the essential and ultimate goals of a regulatory body.

What were the difficulties did you face when HAICA was being established? 

We must contextualize the whole. Initially, there was a post-revolutionary climate affected by anarchy and a sudden infatuation with an unusual freedom, and at the same time, there was the introduction of Decree-Laws 115 and 116 on press freedom, which gave rise to HAICA. We must remember that a large part of the media opposed the creation of HAICA as a regulatory entity. This is understandable in a way, because, despite the dictatorship, some media outlets received substantial privileges and they saw the reforms as a threat to their benefits. The establishment of specifications, a policy that promotes transparency in the granting of new licenses and the development of the still small media landscape  threatened some mainstream media. However, we held on in order to encourage media diversity.

What was the role of your international partners, UNESCO in particular? 

HAICA being able to accomplish what it has in such a short period of time is thanks to the support of our partners, especially UNESCO. It must be noted that UNESCO was present in the very first hours of the creation of HAICA by offering us all of its support, experience and acute knowledge of a media sector’s characteristics. UNESCO’s input was also financial. For many months at the beginning HAICA had no budget and UNESCO enabled us to undertake a number of activities. This collaboration continues today and we are permanently in contact with the UNESCO Office in Tunis in order to continue developing actions in favor of media regulation and the organization of the media landscape.

Can you comment on the initial progress of HAICA? 

As an initial assessment, I think that we have gone a long way. First, we established specifications for the granting of operating licenses. We also organized study meetings and consultations with major actors in the sector, regardless of certain participants not holding back their criticism. However, as a whole, we are satisfied with the results, and this satisfaction is also expressed by our partners who consider that we’ve taken an important step in the global organization of the sector. In doing this, HAICA adopted from the beginning a pedagogical approach, privileged consultation with different media stakeholders and worked with these stakeholders to promote quality information.

What are HAICA’s major challenges today?

There are many. During the electoral campaign we experienced some difficulties. Certain media organizations were not completely neutral in their coverage. We observed evidence of bias and the fundamental rules of the field being ignored. I think that to prevent this sanctions are not the answer. The media, beyond lobbyists and media owners, is first and foremost the journalists. Therefore, it is up to journalists to demonstrate their credibility and to be extremely vigilant in the exercise of their profession in order to take on their role as leaders of opinion.  

How do you picture the future of HAICA?

Even though we have made progress, there are still many challenges to surpass. Essentially, we are engaged in the long-term process of changing mentalities. Instilling the legitimacy of regulation and of self-regulation is not always easy. I would personally like to see journalists take a stand against superiors who try to submit them to pressures other than those of the job and to defend their commitment to the rules of the profession. The future of HAICA is linked to the development of freedom in Tunisia and to the engagement of all actors of the media landscape to respect the rules of the profession and to conform to a regulatory framework that governs the sector. However, we must not forget that even in democratic societies, insuring the independence of the media and quality of information is a daily struggle. 

According to you, what would be the role of HAICA concerning Internet media platforms?

For the time being, we already have a lot to do with “classic” media platforms and their internet websites, which are under the control of HAICA. Currently, information websites are not part of HAICA’s responsibilities. Certain countries have already moved in that direction, others, including us, have yet to.

What role could the HAICA play in order to ensure a correct representation of gender in Tunisia’s media?

This is a very important question. The regulator has to take on a lot of tasks, but ensuring the equal representation of gender is a priority. We aspire to attain it through certain points stipulated in our existing objectives. These demand, for example, that women be represented in the media not only in minor roles but as leaders, experts, politicians…

In fact we have begun a study on the presence of women in the media during electoral periods. We also continue to organize workshops to raise awareness in the media of the importance of granting the privileged place that is owed to Tunisian women considering the role they play in society.

In what stage of self-regulation is Tunisia in and how can it help the media progress on this important issue?

It is first and foremost a question of maturity. However, there are also a number of things to establish before considering any self-regulation. For instance, we demand, at the level of requirements, that they themselves media provide a mediator to communicate between the public and the media in order to inform people about the tasks and the role of each one and transmit complaints of the listeners and viewers. Thanks to these mediators, media can ensure a sort of internal control for a better application of ethical standards and best practices.

Could you share with us a strong memory of your adventure heading HAICA?

It is unquestionably the battle we have been leading in Tunisia’s National Constituent Assembly to have HAICA recognized in the Constitution, with the goal of guaranteeing its longevity, and to define and protect of its objectives. I have a lasting memory of long engaging discussions with deputies, some of whom were not necessarily aware of the rules and demands of regulation of the media sector. We had to convince them of the merits of our project. We undertook significant effort to make this happen. This moment represents in our eyes an important stage in the deployment of a true culture of regulation in Tunisia.