"In the process of drafting new media laws for states emerging from violent confl ict, or transitioning towards more democratic governments, the role of customary law is often overlooked. While “best practices” or international standards draw on widely accepted norms of international human right
...
s law, they also focus on the experience of media regulation that has emerged in Western countries promoted by non-governmental organizations (NGOs) and international actors in the name of “freedom of expression.” The adoption of these norms and regulatory institutions is encouraged, often wholesale, with little attention to the local context." (Page 237)
more
"Media interventions by international organizations and NGOs in conflict and post-conflict situations seek to develop and shape a media system to contribute to specific political and social ends. The analyses and assessments that inform these interventions are often based on an overview of the forma
...
l media and governance structures, such as mass media and state institutions, and overlook informal structures that may be instrumental for political and development goals. This article proposes a framework that can incorporate both the formal and informal modes of communication and participation that characterize a society. This framework encourages a ‘diagnostic’ approach centred around three areas: power, flows, and participation, and enables researchers to take into consideration features that are often overlooked such as customary law; a range of public authorities from politicians to Imams and local elders; information flows that may vary from poetry to mobile phones; and the culture of communication. Examples from the Somali territories, which are characterized by a weak central government, are employed to highlight how informal structures and actors intervene in shaping information flows and the importance of accounting for them." (Abstract)
more
"Somalia is often described as ‘lawless’ or ‘the world’s most failed state’, a characterization that overlooks the way law and governance actually works in the absence of a capable central government. This article will explore the role of xeer law, or customary law, in regulating media, in
...
cluding both older media, such as poetry, and newer media, such as mobile phones, in Somalia’s complex legal environment. While Somalia remains one of the most dangerous regions of the world for journalists, dozens of radio stations are broadcasting in South-Central Somalia and there is a competitive newspaper industry in Somaliland. In addition, the telecoms industry is booming with some of the best connections and lowest rates on the continent for the internet and mobile phones. Various authorities govern media and resolve conflicts across the Somali territories. To understand media ‘law’ in this region we must look beyond the formal state structures." (Abstract)
more