The Freedom of Expression Institute (FXI) has lodged a request to the South African Law Reform Commission (SALRC) for an investigation into the amendment of section 205 of the Criminal Procedure Act 51 of 1977 (CPA) and the introduction of a “shield law” with regard to the protection of confidential journalistic sources and information.

The recent debacle over the issuing of subpoenas calling for two eTV journalists to divulge their sources and confidential information highlighted the controversial point at which conflicting rights collide and the manner in which section 205 is abused. The interests of the effective administration of justice and maintenance of law and order compete with the right to freedom of expression. Moreover, it demonstrated the urgent need for clear legislation to clarify otherwise vague and untested common law principles and constitutional concepts.

The Freedom of Expression Institute (FXI) has submitted an application in terms of the Promotion of Access to Information Act 2 of 2000  (PAIA) to the Office of the Presidency and the Department of Justice and Constitutional Development (Department) for the release of the State’s submission to the Ginwala Commission.

This request was made on the premise that in terms of section 16 and 32 of the Constitution of the Republic of South Africa (Constitution) the public have a right to receive the information contained in the submission.  Moreover, the values of openness and accountability provided for in our Constitution dictate that the submission be made available to the public.

The recent debacle over the issuing of subpoenas calling for two eTV journalists to divulge their sources and confidential information relating to the broadcast of footage showing two ‘self-confessed criminals’ threatening to rob and murder during the 2010 World Cup, has highlighted the controversial point at which conflicting rights collide. Moreover, it has demonstrated the urgent need for clear legislation to clarify otherwise vague and untested common law principles and constitutional concepts. The interests of the effective administration of justice and maintenance of law and order compete with the right to freedom of expression.

At the core of this conflict lies the question whether the public interest in compelling the journalist to reveal his or her source or confidential information clearly outweighs the public interest in the free flow of information.  This balancing test is left to judicial discretion which is wholly insufficient when adjudicating upon a matter which could potentially have a catastrophic impact upon the foundations of our democracy.

The Film and Publications Appeal Board (Appeal Board) recently delivered a judgment in favour of the Out in Africa Gay and Lesbian Film Festival (OIA) in respect of the international award winning film “XXY”, directed by Lucia Puenzo. The film was banned outright by the Film and Publications Board (Board) on grounds that it constituted child pornography.

Certain scenes in the film depicted teenagers under eighteen years of age engaged in simulated sexual intercourse. This formed the basis of the Board’s objections and subsequent banning of the film. The actors were however both older than eighteen when the film was shot. The fact that the film contained scenes of minors engaged in sexual conduct was not disputed. What was disputed was the contention that firstly, the scenes amounted to pornography and secondly, “child pornography” as defined in the Films and Publications Act (Act) and interpreted in accordance with the Constitutional Court’s approach to the question of what constitutes child pornography in the case of De Reuck v Director of Public Prosecutions in 2004.

The Freedom of Expression Institute (FXI) has written to President Kgalema Motlanthe to request him to make the Ginwala Commission's Report on the fitness of Adv Pokoli to hold office of National Director of Public Prosecutions (NDPP) available to the public by Friday, 14 November 2008.

The Freedom of Expression Institute (FXI) is disappointed that Dr Frene Ginwala, Chairperson of the Enquiry into the suspension of Adv Pikoli, Head of the South African National Director of Public Prosecutions (NDPP), at the commencement of the proceedings refused to entertain representations by E-TV's counsel, Adv K. Hofmeyr, that the broadcaster be allowed to make representations before she closes any session of the hearing.

Today, 8 May 2008, marks the 60th Anniversary of Israeli independence. There are deep disagreements as to the significance of this historic event; one point of view emphasizes that it was a catastrophe for Palestinians and signifies a history of injustice and oppression, while another emphasizes that it marked the realization of a long-held ambition by Jewish people to achieve national self-determination. If the University of the Witwatersrand's actions are anything to go by, its administrators would prefer for such disagreements not to be expressed publicly.

Tomorrow, the 22 November 2007, the Freedom of Expression Institute (FXI) will intervene as a friend of the Constitutional Court in the case of the Independent Newspapers v Minister of Intelligence Services. The FXI will argue that the Minister has not followed the proper procedural approach in his attempt to withhold certain documents from the public. 

The Freedom of Expression Institute is disturbed by the growing number of violations of the freedom of expression of workers. Four cases have been brought to the FXI's attention, of workers who are either being disciplined for utterances they have made, or who have already been dismissed.

Sign the petition against ideological exclusions by the US

On 25 October 2007 the Complaints Compliance Committee (CCC) of the Independent Communications Authority of South Africa (Icasa) dismissed an application by the Freedom of Expression Institute (FXI) to subpoena the transcript of the record of proceedings of the Commission of Inquiry Into Blacklisting and Related Matters.

FXI's Executive Director, Jane Duncan, today spoke at a colloquim on the ANC's media policy, hosted by the Department of Journalism at the University of the Witwatersrand. These are her speaking notes.

FXI's Executive Director, Jane Duncan, spoke today at a seminar hosted by the South African Human Rights Commission on "Privacy, Freedom of Expression and the Public Interest". These are her speaking notes.

Several labour and civil society organisations have sent a joint letter to President Thabo Mbeki objecting to the list of names forwarded to him for the new Board of the South African Broadcasting Corporation (SABC). We have asked him not to appoint them, and rather to send the list of names forwarded to him back to the National Assembly for reconsideration. The letter was sent from the Congress of South African Trade Unions (Cosatu), Freedom of Expression Institute (FXI), Media Workers’ Association of South Africa (Mwasa), the National Council of Trade Unions (Nactu), the South African Chapter of the Media Institute of Southern Africa (Misa-SA), the South African NGO Coalition (Sangoco) and the Treatment Action Campaign (TAC). 

The Freedom of Expression Institute (FXI) welcomes today's Constitutional Court (CC) judgment in the 'nose-stud' case, as a vindication of school pupil Sunali Pillay's cultural and religious rights, as well as her right to freedom of expression. 

The Freedom of Expression Institute’s concern about police repression of protests – especially those organized by poor communities against the lack of service delivery – was heightened this week with the highly-publicized housing protest in Protea South which was violently attacked by police.

FXI staff were eyewitnesses to acts of police harassment against Protea South residents Monday morning. Maureen Mnisi, a community leader and Gauteng Chairperson of the Landless People’s Movement, was arrested while trying to speak with the media. She and at least five other community members were taken into custody and released, without being charged, after spending the night in jail. FXI staff overheard a police captain admitting that he had “always wanted to arrest” Mnisi.

Click 'Read more' to see more photos from the 30 August 2007 march in Johannesburg for our Freedom of Expression Network Day of Action.

The Freedom of Expression Network (FXN) will be hosting its first National Day of Action with events across four provinces on Thursday, 30 August 2007 to raise awareness and build solidarity against repression and how the Regulation of Gatherings Act has been manipulated in an attempt to silence poor and other marginalized groups. Scores of organizations will join hands in solidarity on the 30^th of August against attempts to intimidate, harass, victimize, unlawfully arrest and torture protesters. These actions by the state are unacceptable violations of our human rights, enshrined in our nation's constitution. 

Speech by Jane Duncan entitled 'On libraries and intellectual self-defence', given at the World Library and Information Congress, Durban International Convention Centre, 22 August 2007

The Freedom of Expression Institute (FXI) feels that recent reports strongly suggest free speech the public health system needs intensive care. The most recent case of Eastern Cape’s Dr Nokuzola Ntshona, the Medical Superintendent at the Cecilia Makiwani Hospital who was suspended this week, raises serious questions about the state of free speech in the public sector.

The Freedom of Expression Institute is pleased to note that the SABC has responded to its call for clarification on the agreement between the broadcaster and the South African Jewish Board of Deputies.

We note with satisfaction the SABC’s assurance that there was no agreement with the SAJBD either on preventing certain commentators on the Middle East from appearing on SABC stations or on what we saw as a danger of pre-broadcasting censorship, with the pro-Israeli lobby being able to determine the form of reporting on the Middle East. Our concern has always
been that the SABC does not violate its licence conditions, the Broadcasting Act and its editorial policies and these were the concerns we raised.

SABC’s Managing Director of News and Current Affairs, who caused the public broadcaster allegedly to violate its licence conditions and the Broadcasting Act through his policy of blacklisting commentators and analysts, has done it again, it seems. According to the South African Jewish Board of Deputies (SAJBD), Zikalala has, in a deal with the Board, agreed to another form of blacklisting and is skating extremely close to allowing pre-broadcast censorship by a lobby group. The SABC needs to clarify whether these claims by the SAJBD are correct or not.

Yesterday, 25^th July, was the closing date for nominations of members for the SABC Board to be submitted to Parliament’s Portfolio Committee on Communications.

The Freedom of Expression Institute (FXI) undertook a process to draw up a list of nominees. We drew up a list of seven people after soliciting suggestions from a range of civil society organisations.

The Complaints Compliance Committee (CCC) of the Independent Communications Authority of South Africa (Icasa) today postponed its hearing into the SABC after the public broadcaster’s legal team appealed that they were not ready to argue the matter.

The hearing was scheduled as a result of a complaint submitted to Icasa by the Freedom of Expression Institute (FXI) in February 2007. The complaint alleged – on the basis of the report of the Sisulu Commission of Enquiry into allegations of blacklisting of commentators at the SABC – that the broadcaster was in violation of its licence conditions, the South African Constitution and the Broadcasting Act.

Read the full complaint

Read the SABC's Response

Read the FXI's reply

See the Sisulu Commission Report into allegations of blacklisting at the SABC

After two attempts by the SABC to obtain court interdicts this week, the SABC’s legal head Mafika Sihlali has succeeded where his employer has failed. Today’s gag order by Pretoria High Court Judge Lettie Molopa is a sad indictment of the judiciary’s inconsistent commitment to press freedom and exemplifies how judicial distrust of media practices and anticipation of catastrophic results have combined to prevent coverage of a matter of great public concern.

Executive Director of the Freedom of Expression Institute, Jane Duncan, spoke at the Mail & Guardian's Critical Thinking Forum yesterday on the SABC's banning of the "Unauthorised" documentary on President Thabo Mbeki. These are Jane's "Speaker's notes".

The Freedom of Expression Institute (FXI) welcomes the fact that the Portfolio Committee on Communications has called for nominations for a new Board for the South African Broadcasting Corporation (SABC). The process of public nomination is essential to ensure accountability of the Corporation to the very public it claims to serve.

However, the FXI is also deeply concerned by the manner in which the SABC Board nomination process is being handled by the Portfolio Committee. These concerns lead us to question whether, in fact, the interests of democracy are being served by the process.

The Freedom of Expression Institute is concerned at the implications of the decision by the Premier Soccer League (PSL) to award broadcasting rights for all its matches to Supersport for the next five years.

Soccer is one of those South African sports that is regarded as a sport of national importance. In a sense, the sport is a national asset. Further, a large proportion of the participants in the sport at various levels – including players and supporters – come from poor communities.

Earlier today, the Freedom of Expression Institute (FXI) wrote to the Mayor of Cape Town , Helen Zille, about the prohibition of gatherings in Cape Town during the public sector strike. The FXI also wrote to the City Manager's office to protest against the banning of the Cape Town leg of the 'World Naked Bike Ride'. 

Now you see it, now you don't, now you see it, now you don't: such is the farcical situation with the controversial documentary on President Thabo Mbeki, which the South African Broadcasting Corporation (SABC) had scheduled for screening on Sunday. 

The Freedom of Expression Institute (FXI) welcomes the fact that the South African Broadcasting Corporation (SABC) has decided to schedule the controversial documentary on President Thabo Mbeki for screening on Sunday 10 June at 9pm on SABC 3. In marches, pickets and demonstrations held outside various SABC offices since last November, the FXI has repeatedly called for the screening of the documentary, and the Institute is pleased that this is finally going to take place.