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.