Cuba’s Press Law

Cuba's Press Law
September 10, 2015
by Fernando Ravsberg*

HAVANA TIMES — Some years ago, foreign journalists working in Cuba found
out about a series of regulations applied to their work (thanks to an
information leak). They had kept these regulations a secret, making it
very difficult for us to follow them.

This illustrates the main issue faced by the Cuban press: no one knows
the rules of the game or the divisions of the playing field. We
journalists play blindfolded, never knowing when (or why) we're going to
get a red card and get kicked out of the game.

The matter came to mind when I found out that a law, decree law or
series of norms designed to regulate press work on the island were in
the works. However, I haven't been able to find a single Cuban colleague
who's directly taking part in any debates in this connection.

Apparently, a group of experts has been working and made considerable
progress in the drafting of this legislation. My colleagues speculate
they will later gather the opinions of journalists, but merely as part
of a consultative mechanism.

The Cuban Playing Field

The constitution declares that the country "acknowledges the freedom of
expression and press of citizens, in conformity with the ends of
socialist society." Judging what the ends of "socialist society" are,
however, is the exclusive prerogative of a tiny group of Party bureaucrats.

It's such a complex mechanism that I, for instance, opted to simply do
my job as best as possible, without worrying about the "rulings" handed
down by the court of the Holy Inquisition. Ultimately, I think it's been
worth it, even though it entails having my employment options severely
curtailed.

That's why I was happy to hear that Cuba would be passing press
legislation: at last, the rules of the game will be public; journalists
will know their duties and bureaucrats will be forced to respect our rights.

The least a press law can do is clearly define the relationship between
journalists, the media, society and State powers – the rights and duties
of each of these actors – such that the freedom of the press enshrined
in the constitution can be guaranteed.

Why the Silence?

The secrecy surrounding this legislation makes some of my Cuban
colleagues suspicious. No few people fear that they will use these laws
to extend the control of the Party's Ideological Department to
cyberspace, to social networks, blogs and "alternative" media.

The head of that department already touched on the issue, asking for the
establishment of norms that would forbid Cuban communicators from
writing articles in those media different from those authorized for
publication in official media.

The "alternative" activities carried out by Cuban journalists
demonstrate that the ruling is in favor of official press higher-ups and
not the professional quality of the work being produced. The Internet
has allowed us to clearly identify where the problem lies.

The way to overcome this contradiction in an intelligent way is not to
censor digital communication spaces, but to transform the country's
press, so that journalists can publish there the reports seen in the
so-called "alternative press."

For Everyone and by Everyone?

Freedom of the press is a fundamental human right, something the Cuban
constitution acknowledges by prohibiting private ownership over the
media and declaring they may be controlled only by the State or society
(one wonders whether it refers to the public, cooperatives or what).

An issue as important as the drafting of this law should perhaps begin
with the gathering of opinions of all journalists on the island through
a debate organized by different media, a debate that includes their
aspirations and needs.

It would be healthy if these exchanges of opinions were carried out
without the presence of censors, in order to avoid subsequent reprisals,
and because it is time for the sector to show it is mature enough to
meet without "chaperons."

Citizens should also be invited to share their opinions. We're talking
about a public service and everyone should be entitled to express what
kind of a press they want, as well as establish social and institutional
control mechanisms that will allow them to protect their rights in view
of journalistic or political malpractice.

If broad participatory mechanisms are set up to glean the interests of
citizens, journalists and the government, this law could be fitted to
today's Cuba, to the needs of the people and to the challenges that lie
in store for them.

Source: Cuba's Press Law - Havana Times.org -
http://www.havanatimes.org/?p=113832