A stand-alone defamation law as well as legislations regulating artificial intelligence (AI)-generated content are some of the expected outcomes if the proposed media policy is approved.
Formulated by consultants in 2023, the policy got preliminary approval by a sector cabinet earlier this year. The New Times understands that it is pending cabinet approval, though it is taking so long.
The policy presents guidelines on the country's next steps in regards to media, as AI and citizen journalism are taking shape, impacting the traditional media business as we know it, and giving rise to increased digital communication.
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In this article, The New Times presents various aspects in the policy and their impact on the formulation of new laws, the establishment of new institutions, and change of academic curriculums in journalism schools.
1. AI-generated content to be labeled
Digital content creators and distributors will be required to label AI-generated content. A standard digital stamp label will be developed for this purpose.
Daniel Sabiti, a senior journalist for KT Press noted that there are aspects in the policy which are called for that are crucial to address as emerging things like AI and social media, which were not served in the old policy. Yet such technologies already have a big impact on the media today.
2. Possible tighter regulation of TV ads to ensure children's safety
As part of the policy, measures are expected to enhance protections for children during hours when they are likely to be watching television.
Gonzague Muganwa, a journalist and consultant based in Kigali, said that similar regulations are already in place in countries like South Africa.
"For instance, during football broadcasts - traditionally a time for family viewing - alcohol advertisements are prohibited to ensure content is appropriate for children who may be watching the game," he said.
3. Review of academic curricular
Universities and institutions that offer journalism training "must review their curricula to align them with the industry's ethical and skills requirements," the proposed policy says.
Digital and media literacy courses are also expected to be included in the curricula of schools and universities, as well as media literacy programmes targeting ordinary citizens may be implemented as part of non-formal education.
4. A stand-alone defamation law
Laws providing for criminal defamation in data production will be repealed and replaced with laws providing for civil defamation. A stand-alone defamation law will be enacted to balance reputational rights with freedom of expression.
Jean Paul Ibambe, a Rwandan Lawyer and Hubert H. Humphrey Fellow in Law and Human Rights at Arizona State University, U.S., says Rwanda is at a critical "juncture in addressing online media content and deciding whether acts such as defamation, libel, privacy infringement, and the publication of rumours should be treated as criminal offences."
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He called for a civil defamation law, which provides for damages rather than imprisonment, saying such is a more appropriate remedy and several countries, such as the UK, Kenya, Australia, and Ireland, have decriminalised defamation, handling it instead as a civil matter.
"As Rwanda prepares for a new media policy and possible legislative reforms, the introduction of a standalone civil defamation law would significantly improve the country's legal environment for freedom of expression," he noted.
5. A "right to be forgotten law" may be enacted
A "right to be forgotten" law, enabling people who are found innocent of a crime or are proven to have been falsely accused to restore their reputations, may be enacted if the policy is approved.
Such laws typically apply to search engines like Google, where they are used to de-index specific links containing personal information, and in the proposed policy's case, it will be used to de-index information regarding the accusation of people who were falsely accused or found innocent.
6. Removal of social media pages of the deceased
A law will be enacted to enable any Rwandan citizen with a social media page to have it removed on their demise. Rwandans will be encouraged to formally state their wish on what should happen to their social media presence when they die.
7. Judicial redress for online infractions
For the purpose of safeguarding national security, critical national infrastructure, and individual reputational and privacy rights, the proposed policy notes that laws and policies shall be developed to provide avenues for judicial redress and sanctions concerning online and social media infractions.
8. A regime for online post-publication review
To ensure accountability among individuals publishing on social media, a regime will be established that makes it possible to identify and engage them to carry out a post-publication review and, if necessary, sanction their failure to follow community standards.
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9. Review of journalists' code of ethics
The policy says that the industry regulator will review and enforce the code of ethics for journalists to ensure it covers, among other things, both legacy and digital media.
Uncompetitive journalism and unethical conduct are undermining the media and blunting its effectiveness.
It notes that insufficient analytical and investigative content, while self-censorship dilutes political coverage. Digital platforms are being abused by activists posing as journalists, while the absence of specialist reporters has left a content gap.
10. Strengthening and enforcing multi-level accreditation system
The policy says that the media regulator shall strengthen and enforce a multi-level accreditation system to exclude unqualified persons from practicing.
It adds that every two years, every practicing journalist must undergo a mandatory professional development course administered by the regulator to upgrade their media knowledge and skills.
