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Corporate pollution of the right to freedom of expression in
(Article published as "Curtailing free speech", Sowetan Sunday World, 16/03/2003) Freedom of expression continues to come under increasing levels of attack in this country and censorship, rather than being on the decline by virtue of
When in late December 2002 the Freedom of Expression Institute (FXI) protested about a censorious memorandum issued by manufacturing giant Mondi Paper’s
Barton’s raison d’ etre for issuing the memo was ostensibly to “ensure that all information released to the public or the media is factually correct” so as to “[protect] the integrity and public image of the Company." Fair enough and of course why should anyone in their right mind question the need for an efficient, orderly and centralised system of information dissemination and communication with the media? But that, precisely, is where the conundrum lies because Barton included in his order virtually anything that affects the lives and welfare of employees working at the Mondi plant. The memo covers all issues including reports or comments on injury to persons, property and the environment. As if this is not enough, it goes ahead to warn that all external magazine articles, research papers or presentations which refer to Mondi must be approved by him or Mondi’s Public Relations Officer before publication. Put differently, employees of Mondi’s Merebank plant cannot say, comment or write anything which will end up in the public domain without authorisation from Barton and his senior colleagues. Why the memorandum was issued to Merebank employees only and not the entire workforce in the company is open to speculation but recent activities in this plant are gradually lifting the veil and helping unravel the mystery behind Barton’s morbid fear of the media and the public in general. There is a growing list of issues that Mondi would prefer to have firmly locked in the company’s strong rooms and basement vaults. For a couple of years now, the communities of Merebank, Wentworth, Bluff, Isipingo and Umlazi have, - through their lobby; the South Durban Community Environmental Alliance (SDCEA), -been waging a pitched legal and political battle against the paper giant for its pollution and the perceived unsafe working conditions in its plant. On 10 February 2002, SDCEA released a press statement regarding the death of a worker, who, it would appear from available information, was electrocuted while cutting electrical cables at the company’s plant. Considering that the matter was urgent, in the public interest, topical and newsworthy, the SDCEA released the media statement calling on Mondi to do all that is necessary to establish the circumstances surrounding the employee's death. The SDCEA expressed frustration with the fact that Barton had been less than forthcoming about the circumstances surrounding the death, suggesting that these were being "shrouded" in secrecy. No sooner had the statement been sent to the media, than Barton swung into action. A day after its release, he brought an urgent application in the Durban High Court; obtaining an interdict against the SDCEA prohibiting further distribution of the statement and requiring that any amended release be submitted to him for “comment before it is distributed to any one else”. Furthermore, Barton pleaded with the court to order the alliance to provide “a list of all persons to whom the said release has already been distributed” and a retrieval of “all distributed copies”. The Legal Resources Centre has mounted a vigorous response on behalf of the SDCEA to the interdict and this matter will be heard in Court shortly after which comment on the legal issues will be most appropriate. What is shocking about the application though is the manner in which Barton boasted about his ability to curtail negative publicity, thanks to his strong connections in the various media houses. Paragraph 21 of his sworn affidavit explained how: “up to the present time I have by virtue of my personal acquaintance with certain key figures in the media…been able to stall publication of the grossly inaccurate contents of the release”. The SDCEA was never contacted by any of these "key figures" to respond to Barton's allegations. A highly topical story appears, simply, to have been canned. Barton's antics form part of a broader problem of censorship by corporations in
Laissez faire mercantilism is no longer compatible with the modern discourse of human rights and though in practice many corporations literally look down their noses at the poor communities whose lives they negatively affect every day, there are still standards to which these entities can be held accountable. International law expert Michelo Hansungule has warned of the arrogance and impunity with which conduct their business in the host countries. He observes that; “the drive for profit almost always blinds [them] from their social responsibilities”, and “experience shows that if human rights or the environment become obstacles to profit, [they] are willing to ignore or even violate them.” Like its contemporaries in the business of churning profits, Mondi’s gut reaction when confronted with accusations of impropriety is to rush to the nearest court and seek an interdict to keep its activities under wraps. Perhaps what Mondi & co. need is to be thoroughly weaned off their laager mentality and come to realise that they too, just like anybody else, have an obligation to respect and uphold the right to freedom of expression.
Head: Anti-Censorship Programme 5 March, 2003 |