THERE ARE PEACEFUL AND LAWFUL OPTIONS AVAILABLE

Oct 05, 2011 Features / Columnists, Peeping Tom

The opposition parties are under tremendous pressure to take to the streets in protest over the decision of the government to close TV Channel 6 for four months over alleged infractions of the telephone and telegraph laws.
It is not quite clear just what the basis of the decision to do so was, but it certainly cannot be because the station was said to have committed libel on an individual. Libel is a civil offence which can be prosecuted in our courts. As such, a remedy exists in civil law and since the offence has to be established in a civil court, an administrative penalty cannot be imposed for this offence.
If on the other hand the station is being sanctioned for causing religious discord, there are also laws that provide for remedies. Where such offences are required to be proven in civil courts, a penalty cannot be imposed.
The first task of the opposition parties should therefore be to establish on what basis the station is being sanctioned, and then to proceed to examine whether the sanctions require the committal of an offence which can only be proven in law. If the laws of the country require that the offence is civil and not criminal, then there can be no administrative sanction until the civil proceedings have been determined.
The opposition parties are skeptical about taking to the streets in protest. The opposition was hurt in the 1997 and 2001 elections because of the public’s displeasure with the destructive, political protests that took place in the country.
The opposition was also hurt because of the work of political extremists who alienated voters from the ruling party. The main opposition, in fact, made a huge mistake at one time in joining a march on the East Coast, which went astray as it entered the capital.
The opposition has learnt from its mistakes, and is less likely to entertain political firebrands from outside of their ranks. They are also aware of how their electoral fortunes suffered as a result of street protests.
In this context, the opposition parties are going to be wary about marches and demonstrations. They may be more comfortable with picketing exercises, but these have not caused the government to budge from intractable positions, and the failure of the opposition to wrest concessions from the government means that in the eyes of many of its supporters, the opposition appears weak.
The suspension of the licence of CNS Channel 6 presents the joint opposition with a challenge. This suspension flies in the face of freedom of the press, and the opposition is expected to take a stand against this decision.
There are forces which would love for the opposition to take to the streets in marches and demonstrations. But the opposition is wary of how such protests have hurt them in the past and feels that this plays into the hands of the government. It does not, but that is how the opposition feels.
There are, however, peaceful and effective ways for the opposition to exert influence. A few months ago, a social activist, Anna Hazare, showed the power of non-violent protests and its capacity to effect change. He wrested promises from the government after he proceeded on a twelve-day hunger strike to protest corruption in his country.
This is one of the options open to the opposition. Some of those leaders and personalities who are opposed to the suspension of the licence of C. N. Sharma, should consider going on an indefinite hunger strike so as to press for the removal of the suspension.
So who is going to step up to the plate? Eusi Kwayana is not around, so it will have to be someone else or other persons who have to come forward and begin a fast until justice is achieved. It is left to be seen whether the opposition has what it takes to undertake a hunger strike to press for the withdrawal of the suspension of Sharma’s licence.
A second form of peaceful agitation is trying to gain the support of international media houses. The more international newspapers and new networks that the opposition can have to run editorials critical of this decision, the greater the chance of a positive and peaceful outcome. No government wants to have this sort of attention during this time.
Another form of peaceful protest is the signing of a nationwide petition. The more persons sign this petition the better it would be.
But by far the most effective peaceful remedy would be for a judicial review. The court is not likely to countenance the suspension and a move to the courts could well see this decision reversed.

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