ADVERTISING - - The Freedom of Commercial Speech Trust on August 21 warned that the proposed Tobacco Products Control Amendment Bill contained drafting weaknesses which might lead to legal challenges. Mr Piet Delport, executive director of the FCST, said that the Bill incorporated a severe and extensive set of restrictions on commercial expression which could also amount to censorship of private communications. The FCST had proposed that the Bill be withdrawn because its drafting was faulty and that proper consultation with all interested parties should take place before further proposed legislation was tabled. Meanwhile, a joint business, labour and sports task force announced on August 27 that it would seek an urgent interdict to stop the anticipated legislation. FAWU said that the combined group was prepared to cooperate with the Government in developing a sensible tobacco control policy. FAWU threatened that should the call not be heeded, mass action by the COSATU affiliates would not be ruled out.

CENSORSHIP - The Freedom of Expression Institute on August 27 slammed the SABC's censorship of the TV series 37 Honey Street, which appeared on August 26 on SABC 2. FXI said that the SABC's argument that the kiss between two lesbians in the show has been shortened because it did not want to offend certain of its viewers, was not an appropriate reason. "It was unfair of the SABC to interfere with the creative process and the manner in which the writer and producer intended the scene to fit into the series. No member of a broadcasting audience is forced to watch a series which offends them. Those who were offended by same sex relationships should therefore either turn off their television or swap to another channel"said FXI. The SABC had decided to trim the kiss scene from 30 seconds to five seconds in difference to viewers who may be offended. The writer of the series, Thandi Brewer, was reported to be worried that the intimacy between the women characters might be incorrectly perceived. She said that the whole series is about love, betrayal and how people get through it. She said " What Nicky and Eva share is simply part of the theme and it should not be an issue".

DEFAMATION - The National Party and its leader Marthinus van Schalkwyk on August 26 filed an appeal against the decision by the Press ombudsman pertaining the conduct of the "Mail & Guardian" in publishing a convicted thief's claims that Van Schalkwyk paid him for sexual relations. According to NP spokesman Daryl Swanepoel, the appeal is motivated by the fact that the Press ombudsman's decision had radical and far reaching consequences for public figures and the public in general. "The Press ombudsman found in effect that mere allegations against a senior politician, the content of which a newspaper itself does not believe, and without any reliable source, with no corroboration whatsoever, can be published by such a newspaper purely because there is a so-called high level police investigation into the said allegations," Swanepoel said. He said that this resulted in all public figures effectively being declared fair game for the Press to publish any absurd and malicious allegations. Swanepoel indicated that the party believed that politicians, public figures and the public at large should be protected against a repetition of similar conduct by a newspaper. The ombudsman confirmed receipt of the notice saying that the matter was being handled by the chairman of appeal.

INDEPENDENT BROADCASTING - On August 27, Midi TV announced that the news and current affairs director, David Niddrie, who was reported to have been disappeared for more than a month, had finally resigned and would be replaced by his deputy director, Rapitse Montsho. It was reported that Niddrie disappeared amid allegations of a rift in the consortium following an alleged fallout among the shareholders. Its chairperson, Nomazizi Mtshotshisa, had complained to shareholders in July of broken trust and promises in relationships among the empowerment partners. San Reddy, the general manager for corporate communications said that the station was on schedule to launch its prime-time programming on October 1. He said that the management was committed to defend the licence and recognised its duty to make profits for its shareholders. "Those willing to delay Midi's start-up are willing to deny the local production industry the massive financial injection of R120 million that e.tv will spend in September this year," Reddy said. Midi management said that the South African public can look forward to receiving its new television channel as promised.

INDEPENDENT BROADCASTING - The IBA on August 24 called for its independence as outlined in the constitution, to be reflected in government's broadcasting policy. Felleng Sekha, the chairperson of the IBA criticised flaws in the White Paper on Broadcasting which could compromise the IBA's independence and destabilise the broadcasting industry. Sekha told the Broadcasting conference that the IBA was concerned that the proposed merger with Satra would infringe on its independence. Sekha indicated that claims by the white paper that two merged authorities would enjoy the same independent statutory framework failed to reflect the independence required by the IBA under the constitution. Joseph Mjwara, the senior general manager for broadcasting said that neither the white paper nor the bill posed any threat to the independence of the IBA.

PRESS FREEDOM - Reuters released a statement on August 30 saying that it will not be part of the police investigation into the death of Cape Town gangster Rashaad Staggie and was prepared to fight for its rights in the Constitutional Court. Three of its journalists were subpoenaed to disclose information obtained while acting within the course and scope of their employment. Reuters said that since the subpoenas were served, Reuters' attorneys had written to Justice Minister Dullar Omar advising him of Reuters' refusal to respond to the subpoenas, the reasons for the refusal and asking him to withdraw them. There had been no response. Reuters indicated that the refusal is in conformity with its practice worldwide of refusing to disclose confidential sources and to furnish the police or courts with information obtained by its journalists while carrying out their duties in gathering news in the public interest. Reuters said that they have arranged to give out the 3,5 minute video of events surrounding Staggie's murder, that has already been used worldwide.