THE Namibian Broadcasting Corporation has returned to the High Court to once again challenge media ombudsman John Nakuta for handling a “meritless, frivolous and malicious” complaint lodged against the broadcaster by the Economic Social Justice Trust, where he is a trustee. The public broadcaster filed a second appeal last month against Nakuta’s decision to investigate a complaint lodged by Rinaani Musutua and Rob Parker of the Economic Social Justice Trust on 6 May 2021. NBC is also appealing the decisions of the media complaints committee and media appeals committee, which concluded that it violated the media code of ethics. The broadcaster wants the decisions reviewed and set aside by the court. The first appeal, which was launched in April, was withdrawn by the broadcaster in May. The latest appeal, whose content is similar to that of the withdrawn appeal, centres around the complaint lodged with the Media Ombudsman on 6 May 2021 in relation to the airing of a current affairs programme, ‘Talk of the Nation’ which had a discussion on the activities of Canadian oil and gas company, Recon-Africa, in the Kavango Basin. The complaint stated that on 29 March 2021, NBC carried paid advertisements and presented them as if they were news content. Furthermore, the alleged paid content was filled with distortions that opposing voices should have been given an opportunity to challenge. In court documents, NBC managing director Stanley Similo said their clear explanation that the content aired was not paid advertisement nor was it filled with distortions was ignored. Furthermore, the panel had diverse views of the topic that was being discussed. He said despite their explanation, Nakuta decided the complaint had merit when it did not. “It is apparent that the media ombudsman failed to decide that the complaint was vexatious and, therefore, unmeritorious because he was conflicted already at the time,” said Similo. He said Nakuta only came clean about being conflicted on the day of the hearing, having already dealt with the complaint. Similo said Nakuta, by his own admission, handled a complaint lodged by his fellow trustee, ignoring the 30-day rule of filing complaints. He said the rule states that a complaint must be filed as soon as possible but not later than 30 days. He said Nakuta failed to explain why he accepted a late complaint. Additionally, Nakuta said he “holds strong views on the current oil drilling in the Kavango region”. Nakuta also allegedly failed to try and help the parties to reach a settlement as stipulated by the laws. “There is no doubt that the decision by the media ombudsman to decide on the complaint was vitiated by gross irregularity. Quite apart from the demonstrated bias, it was patently irrational,” said Similo. He further said the media complaints committee ignored NBC’s submission that the complaint was malicious and it was based on hearsay. Thus, the ruling demonstrates that no regard was paid to the established and proven facts. According to Similo, no request was made to NBC for it to provide the aired programme before the broadcaster was “found guilty of violating the rules”. Nakuta alongside the Editors’ Forum of Namibia has since filed a notice of intent to oppose the application. The matter which, is before judge Shafimana Ueitele will be in court on 15 August for case management. - mamakali@nepc.com.na