ADDRESS: 5th Floor Argon House                  87 Juta Street
                          Braamfontein, Johannesburg
POSTAL ADDRESS: P.O. Box 30668
                                      Braamfontein, 2017
   INTERNET ADDRESS: http://fxi.org.za/
TEL: (27-11) 403-8403
                                         FAX: (27-11) 403-8309
                                         E-MAIL: fxi@wn.apc.org
 

The Council of the Independent Broadcasting Authority (IBA)
Private Bag X31
Parklands
2121
Fax: 447-6187

27 November 1997

Dear members of the IBA Council

REPRESENTATION WITH RESPECT TO THE RADIO ISLAM LICENCE ENQUIRY

The Freedom of Expression Institute (FXI)  has been following the Broadcasting Monitoring and Complaints Commission’s (BMCC) inquiry into the licence conditions of Radio Islam, stemming from a complaint lodged by the organisation, YIELD. We understand the commission has already held its deliberations following the hearing, and that it is now up to the council to approve the judgement.

We believe that some of the issues at stake in this inquiry are intimately linked to freedom of expression and the principles which this organisations stands for. As such, we wish to  make a representation in good faith to ensure that the council approves a judgement that does not militate against freedom of expression, but rather enhances and entrenches this right.

The FXI respects and applauds the mechanisms which the IBA has put in place to allow members of the public to hold community broadcasting entities accountable to the communities which they represent. We regard these mechanisms as an integral part of the freedom of expression rights which South African citizens enjoy and an important corollary to the freedom of expression powers which broadcasting entities exercise by virtue of their licences.

The FXI further recognises the role and importance of community broadcasters in securing a diversity of voices and cultural representation on our airwaves, and in empowering communities to inform themselves and others about issues specific to them. We also recognises the role and importance of community broadcasters in reflecting the views and opinions of communities who cannot rely on existing media to perform this function.

Our position with regard to the YIELD complaint

The FXI feels that  Radio Islam’s policy of not allowing women on air is both a violation and a restriction of the freedom of expression rights of a section of the community of interest which the radio is meant to serve. As a community radio station, the community which the station claims to represent has a right of access to the station not only through participation in programme content (we understand that Radio Islam boasts a high level of community participation in programme content) but also to speak and have their voices heard.

We understand YIELD to be a Muslim organisation from Lenasia which therefore allows it to enjoy a legitimate right of participation in the programme content of the station and to have its views and opinions reflected on the station. In addition, and quite apart from the views of YIELD, we feel that the women falling within the community of interest of Radio Islam should feel free to approach or call up their station to speak and have their views heard.

The FXI thus supports YIELD in its complaint to the BMCC. We further accept that the BMCC is the correct forum to which YIELD should direct its complaint and which should adjudicate on this matter.

Our position with regard to the continued existence of Radio Islam

As a matter of principle, the FXI respects Radio Islam’s right to broadcast in a manner which is acceptable to its religious convictions. However, we do not believe that this allows the holders of the licence to (1) restrict other people’s right to freedom of expression; and (2) allow them an ideological monopoly over a station which should reflect and represent the range of voices in the "community of interest" which the station represents.

We view the policies of Radio Islam as a reflection of the ideological acceptabilities of the holders of the licence and significant sections of the community it serves. We accept that in the context of the Muslim community, the issue of women and their role in society is the subject of constant debate and is contingent on the different interpretations of scripture. On matters such as these we would oppose any measures that would result in one grouping being denied the opportunity to freely express their ideological views. We would also oppose any measures that would amount to a group or individual  being punished because of the views they hold. We accept too that in the context of Radio Islam, the sections of the community which are supportive of its policies have the right to receive and impart information in line with and from this school of thought.

The FXI also views Radio Islam’s policy of not allowing women to speak on air as an independent editorial choice of the station and as such should be respected and indeed protected. The editorial choices of other Muslim radio stations in the country, which allow women to speak on air, should have no bearing on Radio Islam’s choices nor should Radio Islam be forced to adopt an editorial line which is out of sink with its religious and ideological leanings.

The FXI feels strongly that no decision on the continued existence of Radio Islam should involve a judgement on either the ideological views of the holders of the licence or their editorial choices. While we accept that Radio Islam is not under immediate threat of closure, it is highly likely that this issue will be raised when the station’s licence comes up for review.

Our representation to the IBA Council

The  FXI recognises that, apart from other fundamental rights,  there are two freedom of expression issues at stake in this issue. On the one hand there is the freedom of expression rights of women and their right to be treated and regarded equally by the radio station that is meant to serve the entire community. On the other hand, there is the freedom of expression rights of the holders of the Radio Islam licence and their right to freely practice and express their religious convictions.

However, the fact that their is a dual freedom of expression issue at stake does not mean that the two issues need necessarily be competing or threatening to each other. The FXI feels that the matter should be addressed with a view to MAXIMISING freedom of expression, as opposed to entrenching one party’s rights at the expense of or restrictive to the other party’s rights. We feel that the latter should best be left up to the Constitutional Court. We thus respectfully call on the council to ensure a judgement that:

1. Addresses the specific complaint against Radio Islam in a way that does not threaten the future existence of the station;

2. Resists any attempt to impose an editorial policy on the current holders of the station that will be out of sink with their religious acceptabilities and which could undermine the right to editorial independence of other community broadcasters;

3. Instead, pursues and encourages a process of negotiation amongst the concerned parties with a view to entitling YIELD to regular and appropriate independent air-time on the station. We feel this will allow  YIELD to address the problem of gender inequality in the station’s broadcasts and guarantee a space for women to speak and participate in on-air programming, while also allowing the rest of the station’s broadcasts to reflect an editorial choice that respects the ideological convictions of other sections of the community.

We further call on the council to ensure that:

4. The specific complaint against Radio Islam has no  bearing on a decision on the future existence of the station as it will involve the IBA having to pass judgement on the ideological and editorial content of the station; and to

5. Rather allow a decision on the future existence of Radio Islam to include an evaluation and judgement on the commitment of the current holders of the licence to adequately reflect the range of views and opinions in the community of interest which it is meant to serve.

The FXI is fully convinced of the IBA’s commitment to ensuring diversity in broadcasting. We  make our representation in view of the fact that the matter at hand will have to be adjudicated in terms of the legislation governing the IBA and the licence conditions of the broadcasting entity - neither of which make specific pronouncements on freedom of expression.

The need for a Muslim community radio station in Radio Islam’s broadcast area had already been identified, which was why the respective frequency had been allocated and the licence awarded.
We would regard it as indeed unfortunate if Radio Islam was closed down because of the inadequate representation of women on its airwaves when, in order for the holders of the licence to address this effectively, they would have to go against their ideological convictions and perhaps adopt an editorial policy against their will. We feel also that a possible closure or denial of a licence to Radio Islam as a result of the current complaint will rob the community of a host of specific educational, informational and entertainment services which are not necessarily contingent on adequate representation from a particular group. Further, in our opinion such a move will harm the credibility of the IBA as an institution in the forefront of ensuring diversity of the airwaves as it will more than likely lead to the suppression of opinions and editorial choices, which we feel the community concerned should be free to express. We contend that by entitling YIELD to independently address the problem of gender inequality on the same frequency and within the same religious context, it will go a long way towards building a culture of freedom of expression, and tolerance for a multiplicity of voices and political and religious dissent.

We thank you for taking the time to read this.

Yours faithfully
 

Mandla Seleoane
Chairperson - Freedom of Expression Institute