Keep the press free

by Editor · August 11, 2010

South Africans must be deeply worried about the mooted statutory Media Appeals Tribunal and protection of information laws which effectively propose to exercise state control over media and the flow of information.

There is little cause to presume that South Africa�s media are lacking in ethics, as the proponents of the tribunal idea seem to suggest. The case of the corruption of Cape Argus reporter Ashley Smith by politicians is significant precisely because it is so unusual. Journalists are scandalised by Mr Smith�s breach of their profession�s codes because most take these ethics very seriously indeed.

There is little need to impose statutory control over a profession that regards its integrity as an inviolable asset. In most democracies, self-regulation through the offices of an impartial ombud works perfectly well. And when it fails, aggrieved parties have recourse to the law, as they presently have in South Africa.

The African National Congress is not being subtle in its plan to impose some control over the media, euphemisms such as a desire �to strengthen media freedom and accountability� notwithstanding. The suspicion cannot be dismissed that the ANC seeks to create an environment in which it can intimidate journalists and editors who engage in investigative journalism, as well as prospective sources. The proposed legislation and tribunal would help protect the ANC and government from uncomfortable questions about conflicts of interest, arms deals, generally corrupt relationships, dishonest tender processes and dubious hotel bills.

There is no reason why the public should trust the ANC�s protestations that this is not the intention. Even if this is not the purpose for intervention now, it may well be the effect tomorrow.

Moreover, the tribunal and law could be abused to intimidate commentators in the media whose criticism the governing party finds discordant, unfair or otherwise undesirable. Any legislation that might compromise the media�s freedom to comment, within the confines of the Constitution, must be opposed by those who subscribe to democratic principles.

The Catechism of the Catholic Church confirms the freedom of the press when it says: �Society has a right to information based on truth, freedom, justice and solidarity.� The Catechism urges civil authorities �to defend and safeguard a true and just freedom of information�. The proposed tribunal could be abused to violate that freedom. Indeed, even the threat of being summoned by the tribunal could result in undue and undesirable self-censorship.

However, journalists and editors themselves have obligations which require periodic revision. The Catechism summarises these ethics: �Journalists have an obligation to serve the truth and not offend against charity in disseminating information. They should strive to respect, with equal care, the nature of the facts and the limits of critical judgment concerning individuals.�

Journalists, editors and their publications must be held accountable when they exceed the boundaries of what is acceptable within the confines of a free press in a democratic society.

This accountability must continue to find expression in the right to reply, in arbitration by an ombud, or, if necessary, in the application of laws governing libel and slander (and, of course, treason).

It cannot be the function of a government or a tribunal it would effectively appoint and control to set these limitations � especially not when that government�s ruling party has been implicated in a succession of scandals uncovered by the press.

When the ANC in its September general council discusses the proposals contained in the working document �Media Transformation, Ownership and Diversity�, it must be left in no doubt that the proposed tribunal and information law would wound South Africa�s democracy profoundly.