The Freedom of Expression Institute is concerned about declining levels of media freedom in South Africa, and calls on all South Africans to use the opportunity of National Press Freedom Day (October 19) to reflect on the implications of this trend for the country. Over the past year, South Africa has witnessed growing threats to the independence of the communications sector, as well as rise of pre-publication censorship and pressure on the confidentiality of journalistic sources of information, as well as sources themselves. The FXI is also concerned about the deteriorating state of media freedom at the public broadcaster, the South African Broadcasting Corporation (SABC), as well as the increasing trend towards media consolidation. The Institute hopes that these trends will not continue next year. Civil society and journalists must unite to reverse these trends before they become extremely difficult to reverse. 

With respect the decline of independence of the communications sector, the FXI was disturbed to see that, in spite of public opposition, the National Council of Provinces decided at the eleventh hour to reinstate provisions in the Independent Communications Authority of South Africa (Icasa) Bill to give the Minister of Communications the power to select the Icasa Council. The Institute welcomed the fact at the time that President Thabo Mbeki decided to refuse to sign this almost-certainly unconstitutional piece of legislation, resulting in an amendment to the Bill to reduce the powers of the Minister.

However, the FXI is disturbed to note that yet another attempted incursion was made on the constitutionally guaranteed independence of Icasa, this time by the Department of Home Affairs. In terms of a proposed amendment to the Film and Publications Act, the Board would take responsibility for regulating broadcasting in relation to controversial content: a proposal that would have violated the ability of Icasa to regulate broadcasting content independently of any other institution. The FXI welcomes the fact that Cabinet saw fit to postpone deliberations on the Bill, but hopes that the retrogressive attempts to subject the media to pre-publication censorship will not find their way back into the Bill, under the guise of curbing child pornography.

Pre-publication censorship by judges is another very disturbing trend to have reared its head in the past year, where judges have usurped the right of editors to decide what goes into their newsrooms. For instance, an interdict was granted against several Sunday newspapers to prevent them from publishing the controversial Danish cartoons, even before at least one of these newspapers had reportedly taken a decision whether or not to publish. Also, the Mail and Guardian newspaper has been subjected to interim interdicts, which have damaged the ability of the newspapers to report breaking news. These incidents have shown that interim interdicts have become simply too easy to obtain.

Attacks on sources of information by the state and private actors are another trend. For instance, the Mail and Guardian and its internet service provider, M-Web, have been pressurised to reveal its sources in the controversial ‘Oilgate’ matter. Also, two ex-Sowetan journalists, Willie Bokala and Saint Molakeng, were subpoenaed to testify in the fraud trial of Hilda Khoza, which could have involved testimony about the interview that Khoza gave to Molakeng. Journalists have a right to protect their sources of information (including material generated in the course of newsgathering): a right that should be recognised in law. To this end, the Criminal Procedures Act must be amended to include a shield for journalistic sources.

The tension between labour rights and freedom of expression has also become a flashpoint. Late last year, Royal Ascot Superspar dismissed employee Vusi Sibeko for writing an article critical of working conditions at the store, in the newsletter of the Democratic Socialist Movement. His dismissal was contested successfully by the Congress of South African Worker’s Unions (Cosawu) and the FXI, at the Commission for Conciliation, Mediation and Arbitration (CCMA). In its finding, the CCMA noted that employees have the right to freedom of expression, even when such expression involves criticising their employers. In its judgement on the matter, the CCMA argued that the workplace ‘was the place where workers aspired towards democracy although it was never granted to them [under apartheid]. Why now, would the freedom of expression in the workplace be denied after democracy has been obtained?’

Unfortunately, this point has been lost on the University of KwaZulu-Natal, which has seen fit to discipline sociology lecturer Fazel Khan after he criticised his employer for his having been airbrushed out of a photograph in an official University publication. The FXI condemns this latest attack on journalistic sources of information and the freedom of expression rights of employees.

The FXI is also concerned about the declining levels of media freedom at the SABC. The latest attempt by the Corporation’s Board to suppress the full report into allegations of ‘blacklisting’ is reprehensible and smacks of censorship. The FXI does not believe that the release of the full report precludes the possibility of protecting the labour rights of the involved or implicated employees. The FXI is also shocked that the SABC has joined the queue of institutions seeking interdicts against the Mail and Guardian and considers its attempt to gag the newspaper to be an abuse of public resources. The FXI is also disturbed at the decision of the Board to express full confidence in the Group Executive of News and Current Affairs, Snuki Zikalala, ostensibly even before a decision had been taken on whether or not to institute disciplinary proceedings against Zikalala. In doing so, the Board has undermined due process.

The last trend the FXI is concerned about involves the increasing consolidation of the South African media, which threatens to undo the ‘golden season’ of diversification of the mid-1990s. Most recently, the sale of Johnnic Communications to Caxton newspapers means that four major media groups will be reduced to three, which is an unhealthy trend for the diversity of news and information.