Media councils or similar institutions, set up voluntarily by the media themselves as self-regulatory bodies on the basis of a code of ethics, also developed by the media themselves, are a common feature regionally and internationally. Their task is to stand up for the freedom of the media and promote and maintain professional standards.

They also receive and decide upon complaints from the public in regard to the performance of the media. In Europe such bodies comprise representatives of journalists and publishers. In Africa most media councils are more inclusive and provide for equal representation of the media and the public (with civil society organisations delegating members), thus ensuring input from readers, listeners and viewers and enhancing their credibility. In some countries this procedures excludes the complainants from going to the courts simultaneously or afterwards. In other countries self-regulation and court action are allowed to coexist.

In any case, this self-regulatory system should provide for impartial adjudication of complaints about unethical behaviour by journalists, quick and cost-free redress for persons affected and the disciplining of offending media institutions by shaming them or imposing a penalty.

In practice such self-regulatory system have come under increasing political pressure by governments who are trying to impose statutory media councils arguing that the media have not been effective in disciplining its members. The driving force behind this criticism is usually politicians from government and opposition who are also increasingly making use of defamation legislation to silence their critics. These are usually old fashioned defamation laws which have no place in a truly democratic dispensation.

In countries like Kenya and Botswana the government has recently (2008) enacted legislation which replaces the self-regulatory media council with a statutory media council. In countries like Zambia, Namibia and Swaziland the governments are currently threatening to do the same claiming that the media “does not get its act together”.

This argument is not without validity. Media practitioners have been slow to install sustainable media councils. Often these efforts are hampered by internal divisions or indifference in the industry, lack of funds or by government pressure and the alternative of litigation.

That is why fesmedia-Africa together with the Media Institute of Southern Africa (MISA) has established a programme to promote the concept of self-regulation and strengthen media councils in practice. As part of this effort FES- is supporting the establishment of so called “media accountability systems” from Ethiopia to Zimbabwe - hoping that other donors will follow in recognizing the importance of such bodies for the realisation of media freedom in emerging democracies.