freedom of expression
freedom of expression
MMA calls on the BCCSA to stand its ground in the face of pressure from the SABC
Self regulation of the media is an important aspect of our democracy. It is for this reason that institutions that promote and protect the self regulatory aspect of our media are respected and protected. Media Monitoring Africa (MMA) is concerned by the manner in which the South African Broadcasting Corporation (SABC) has chosen to react to the ruling by the Broadcasting Complains Commission of South Africa (BCCSA) in the case of the SABC and the Mail and Guardian (M&G).
MMA respects the right of the SABC to pursue all available legal avenues to their fullest extent. However, we urge the BCCSA not to yield to the pressure and threats of the SABC. The reported threat made by the SABC to withdraw from the BCCSA is, in MMA’s view, not only churlish but also has other consequences that threaten the credibility of the SABC as well as the BCCSA.
How did we get here?
In November 2010 the SABC broadcast allegations by Robert Gumede (a high profile businessman) against Sam Sole (a journalist for M&G), accusing him of corruption and racism. The M&G claim to have not received a chance to respond to the allegations. Hence it lodged a complaint with the BCCSA.
During this time MMA did an analysis of the news item and found that indeed the SABC was clearly biased in favouring Mr Robert Gumede. For the full analysis go to www.mediamonitoringafrica.org.
In the first ruling, the BCCSA said claims made against Sole were unsubstantiated and the M&G was not given the chance to respond. The BCCSA ordered the SABC to broadcast a summary of the judgment during the SABC 3 7pm news bulletin on the 30th of March 2011. The SABC applied for leave to appeal the decision. The BCCSA dismissed the application for leave to appeal. The SABC has since argued that the refusal for leave to appeal itself constituted a gross procedural error.
The SABC threat to our self regulation
The SABC has since stated that it intends taking the matter on review to the Complaints and Compliance Committee (CCC) which is a committee of the Independent Communication Authority of South Africa (ICASA) set up in terms of the ICASA Act. MMA understands that the SABC is entitled to pursue all legal avenues available to it and does not deny the SABC’s right to take the matter to the CCC.
A matter of this kind can be taken to the CCC only if there is evidence that there was lack of jurisdiction, gross procedural irregularity, bias or a failure of natural justice. It would appear from the SABC that they are arguing in the main that because the Chairperson of the BCCSA had decided the original complaint he was not able to then refuse grounds for an appeal. (The SABC’s application for suspension of the BCCSA ruling will be available on MMA’s website www.mediamonitoringafrica.org).
In its response the M&G has argued that the Chairperson had applied his mind and came to reasonable conclusion and further that they would oppose an application for the decision to be taken on review. (The M&G’s answering affidavit will also be available on MMA’s website www.mediamonitoringafrica.org) While the outcome is still to be decided this is an important test for the BCCSA specifically and self regulation more broadly.
Our plea to the BCCSA
The M&G has reported that during the hearing on Wednesday the SABC counsel said:
“If any broadcaster (let alone the public service mandate and the public billions) defies it [BCCSA], the whole system could collapse. The result could bring the regulation of broadcast content much more directly under the sway of ICASA councilors, who are appointed by parliament. The SABC is well aware of this and its counsel”.
This is a significant threat, and while the SABC is perfectly entitled to withdraw from the BCCSA, it would be churlish in the extreme for it to do so, on the basis of a single ruling. That the SABC should even make such a threat should be of grave concern to the SABC Board as well as senior SABC management. Such behaviour is reminiscent of the SABC as Apartheid bully not a transformed public service broadcaster.
It must also be noted that the strength of self regulation relies to a significant degree on all key members subscribing to it. Accordingly, were the SABC to leave it would be a significant blow not only to the BCCSA but self regulation in general. While significant, it would not be fatal as there is no indication that any of the other broadcasters would leave the BCCSA. In view of this threat, MMA calls on all broadcasters to reaffirm their support of the BCCSA specifically and self regulation in general.
Were the SABC to follow through on its threat it would also have to resign from the industry body, the National Association of Broadcasters (NAB). Not only would this weaken the SABC's ability to promote its interests with other broadcasters it would also reduce the NAB's interest in promoting public service broadcasting. The biggest losers in this case would be ordinary citizens who rely on public service broadcasting interests to be promoted so their needs as audiences can be met. A further direct consequence would be that SABC would be subject to the rulings of the CCC and the ICASA code of conduct and no longer that of the BCCSA. In this regard there is no indication that, on the original complaint, the CCC would come to a different conclusion.
More problematic however with such a threat is that the BCCSA may be tempted to withdraw or change its judgment given the SABC’s power and dominance. MMA believes that it is absolutely critical that the BCCSA does not yield to the threat; and if the SABC does not make a formal application to the CCC and continues to defy the BCCSA, the BCCSA must take the SABC to court to ensure compliance..
The real test for self regulation is not when it is running smoothly, which by all accounts the BCCSA generally does, but when it is put under pressure from its members or from outside interests. The best outcome from the current challenge is for the BCCSA to hold firm, resist threats and stick to its mandate and for due process to be followed. If the CCC upholds the BCCSA’s ruling then we call on the SABC to apologise for the threat it made and to recommit itself to the BCCSA.
The way forward
William Bird Director of MMA said, "There is far more at stake than whether the SABC will abide by the ruling of the BCCSA or not. If the BCCSA yields to the threats and pressure not only will it demonstrate an absence of principle, it will also bring the entire BCCSA into a crisis of credibility. A crisis I am not sure it and the National Association of Broadcasters along with it would be able to survive."
For more information contact:
William Bird
Director
Media Monitoring Africa
Tel: +27 11 788 1278
Cell: +27 82 887 1370
E-mail: williamb@mma.org.za
Carol Netshifhefhe
Policy Unit
Media Monitoring Africa
Tel: +27 11 788 1278
Cell:+27 74 690 1023
E-mail: caroln@mma.org.za
To view other NGO press releases, refer to www.ngopulse.org/group/home-page/pressreleases.
Date published:20/06/2011Organisation:Media Monitoring AfricaSAHRC Clears Zapiro's Over Zuma Cartoon
The South African Human Rights Commission (SAHRC) has found a Zapiro cartoon depicting President Jacob Zuma about to rape ‘Lady Justice’ did not constitute hate speech, unfair discrimination or a violation of any human right enshrined in the Constitution.
The Commission dismissed a complaint on the cartoon lodged by the Young Communist League and its national secretary, Buti Manamela, that cartoonist Jonathan Shapiro had defamed Zuma or violated his right to dignity in the cartoon, published by the Sunday Times in 2008.
It says the cartoon, which depicts Zuma undoing his trousers while alliance leaders hold down the woman, expressed a level of free, open, robust and even unrestrained criticism of politicians by a journalist and has stimulated valuable political debate.
To read the article titled, “SAHRC clears Zapiro's Zuma cartoon,” click here .
Source:News24FXI Waits for Pikoli Submission
The Freedom of Expression Institute (FXI) has still not been able to see the justice department's submissions to the 2008 Ginwala Inquiry, which it says it needs to assess the fitness of Menzi Simelane, who was director-general of the department and is now public prosecutions head.
In a press statement, the FXI says It has been told the report contains information which could cause prejudice to security in South Africa - a decision it intends appealing.
The inquiry came about when former National Director of Public Prosecutions, Vusi Pikoli, was suspended by former president Thabo Mbeki for not backing down on the prosecution of former national police commissioner Jackie Selebi.
To read the article titled, “FXI waits for Pikoli submission,” click here .Source:News24Minister’s Attitude Irks FXI
The Freedom of Expression Institute (FXI) has expressed deep disappointment with Minister of Arts and Culture, Lulu Xingwana’s attitude to freedom of expression.
In a press statement, the FXI argues that, “Her statement that the art exhibition of young female artist and lesbian activist, Zanele Muholi, of naked, black women embracing each other, is ‘immoral, offensive and against nation building’, is highly regrettable and is indicative of a blatant disregard and disrespect for the fundamental rights guaranteed by the Constitution.”
The FXI says that it is of serious concern the statements were made by the Minister who is a public official and heads up one of the State’s departments that has as its core function, the protection and advancement of arts and culture in South Africa.
To read the article titled, “Minister’s attitude irks FXI,” click here.
Source:The CitizenNamibian Elections: Why the Results are Disputed
The controversy surrounding the voters’ register and a pending court case in which opposition parties dispute the outcome of the November 2009 presidential and national assembly election results in Namibia, is bad news for democracy in that country, the Southern African Development Community (SADC) and for the African continent in general.
In 2004, the opposition parties, led by the Congress of Democrats (CoD), approached the High Court to have the votes recounted. Unfortunately, the recount produced the same outcome – due to lack of human resource capacity.
Similarly, the 2009 elections are disputed by opposition parties, led by the Rally for Democracy and Progress (RDP). These parties launched a second court case arguing that the elections be nullified, its results be set aside and/or order for a recount.
The biggest question at the moment is whether the elections were held under free and fair conditions, or whether they were a reflection of the will of the people. No matter how you look at this problem, the following are some of the reasons to believe that the elections were not free and fair - the voters’ register is not accurate because there’s no proof that it was updated; the voters’ register contains about 90 000 Namibians who are dead; and over 50 000 voters have cast their votes even though their names are not appearing on the voter’s register.
In addition, there are activists and opposition parties who argue that the voter registration process was flawed and might have created an opportunity for certain voters to vote twice. The Electoral Commission of Namibia (ECN) is empowered by the Electoral Act of 1992 to register voters using their identity cards and/or a sworn statement. Namibians who vote using sworn statements are issued with voter cards, which can be produced when voting. However, a person could register more than once at different locations since the voter’s roll is not computerised and centralised. This is one of the reasons why people’s names are duplicated on the voters’ roll.
Despite warnings from the opposition parties and CSOs, including the National Society for Human Rights (NSHR), that the voters’ register was flawed, the ECN went ahead to have it gazetted. In fact, the NSHR observer status was withdrawn and later lifted when the organisation went to court, arguing that the ban was illegal because there was never a hearing before the decision was made, as required by the law.
Lack of punitive measures on the code of conduct for political parties also makes it impossible for politicians to play by the rules. The current code of conduct is nothing but a ‘gentlemen’s agreement’ because it is not part of the Electoral Act. This is one of the reasons why placards and political party colours were visible in some of the polling stations during the elections. And no action has ever been taken against politicians or members of political parties who violate the code of conduct. It will be in the interest of Namibia and Africa in general for the electoral code of conduct to be legalised.
What role did SADC, African Union, European Union (EU) and other observers played during the elections? What made all these observers to conclude that the elections were free and fair? Clearly they did not do their homework properly. They must be embarrassed wherever they are for declaring the elections free and fair even when they knew that certain problems existed prior the polls. Are they impartial when declaring whether the elections were free and fair? Are some of these observers, the EU in particular, pursuing certain agendas against certain African countries?
We stand tall in arguing that the November 2009 elections were not free and fair and that they never reflected the will of the people of Namibia. There’s no smoke without fire. An interesting example is the Okatyali constituency in the Oshana region where 2 000 votes were casted in an area with a population of 2 000 people. This is a 100 percent voter turnout, which means even the underage children voted.
It is therefore premature for SWAPO Party’s secretary-general, Pendukeni Iivula-Ithana, to urge political party officials to prepare themselves to take up their parliamentary duties while there is a pending court case. Maybe some of us are interested in knowing how she plans to clean up the mess, including putting systems in place to enable the country to hold free and fair elections in future. ECN and SWAPO Party have all confirmed that ‘administrative/human errors’ were committed, so, there were problems.
The Department of Home Affairs & Immigration also does not have a plan in place to help the ECN to update the voter’s roll.
The ECN initially announced that 1.3 million people registered to vote. The announcement soon became a laughing matter when the ECN revised the number to 1.1 million and then to 900 000. Activists and political analysts argue that the number of voters exceeded the number of those who appear in the voters’ roll.
Some of the lessons we learned are that the ECN should be independent in a true sense, the voter’s register should be computerised and centralised and that the National Planning Commission should work together with the ECN, using the updated population register. Why is the ECN only allowed to function when the country prepares for elections? Does the ruling SWAPO Party take democracy serious or not?
Only free and fair conditions make free and fair elections possible; only free and fair elections can produce credible results; only credible and binding elections can produce a legitimate government; and only a legitimate government can guarantee conditions of peace and stability.
- Steven Mvula is public relations officer at the National Society for Human Rights and Butjwana Seokoma is information coordinator at SANGONeT.Author(s):Steven MvulaAuthor(s):Butjwana SeokomaCall to Review Disclosure Laws
The Freedom of Expression Institute (FXI) intends urgently asking the Law Reform Commission to review laws compelling journalists to disclose confidential sources.
In a press statement, FXI argues that, "The interests of the effective administration of justice and maintenance of law and order compete with the right to freedom of expression."
The FXI comments come after e.tv journalists were subpoenaed to reveal the sources of a broadcast showing self-confessed criminals threatening to rob and murder tourists during the Soccer World Cup.
To read the article titled, “FXI calls for review of disclosure laws,” click hereSource:Mail&GuardianANCYL Slammed for Intimidating Whistleblowers
The South African National Editors' Forum (SANEF) has rejected the African National Congress Youth League's semi-retraction of statements issued to intimidate whistleblowers.
The ANCYL in Mpumalanga changed a threatening statement they issued, in which they warned whistle-blowers to ‘book an early grave’.
Provincial secretary of the league, Isaac Mahlangu, points out that, "When we said machine gun, we were talking about the same tool that these campaigners use to attack us - the media."
Meanwhile, SANEF says the change of tone is a deception. SANEF media freedom chairperson, Thabo Leshilo, argues that, "They are also giving a false impression that media can be used to settle personal scores.”
To read the article titled, “ANCYL: We won't literally kill,” click here
Source:<br />Clinton Ends Habib’s Exclusion
The Freedom of Expression Institute (FXI) is ‘ecstatic’ that United States secretary of state, Hillary Clinton, hand signed orders that end the exclusion of political commentator Professor Adam Habib from the US.
Habib, who is the deputy vice-chancellor at the University of Johannesburg, points out that, “My family and I are thrilled by secretary Clinton’s decision, and we are thankful to the many organisations that put pressure on the Obama administration to stop excluding people from the US on the basis of their political views.
Habib, who lived in the US for several years, was denied entry to the US in 2006, with US officials citing legislation that makes applicants who ‘have engaged in a terrorist activity’ ineligible.
To read the article titled, “Clinton signs order ending exclusion of South Africa’s Prof Habib,” click here .
Source:<br />NGO Calls on Guinea to Release Activist
A prominent human-rights leader is still behind bars in Guinea, almost two weeks after special service agents detained him.
Human Rights Watch (HRW) has called for the immediate release of Mouctar Diallo, a human-rights activist imprisoned in the Guinean capital Conakry.
Human Rights Watch West Africa Researcher, Corinne Dufka, says the ruling National Council for Democracy and Development wants to silence political opposition.
"We see no reason why he has been picked up. This is a well-respected individual. So it appears that this detention - we do not know if he has been arrested, we have not heard that he has actually been charged with anything - appears to really be a campaign of harassment against opposition voices," says Dufka.
To read the article titled, “Rights group calls on Guinea to release activist,” click here.Source:Voice of AmericaSpecial Assignment Broadcast: Gender Agenda
Special Assignment Broadcast: 08 September 2009 – ‘Gender Agenda’
It’s been 13 years since the national women’s movement lobbied for one of the most progressive efforts to entrench gender equality in all spheres of South African society.
In line with the spirit of our constitution of respecting and protecting human rights, as well as international human rights conventions, the government established the Commission for Gender Equality (CGE)
This along with other human rights bodies called the Chapter nine institutions - to safeguard these rights.
But just how effective, and relevant is the CGE?
After all the fanfare during women’s month, we ask: is the organization worth the millions in taxpayer’s money it receives annually?
Since its inception, the CGE has been dogged by allegations of corruption and mismanagement. The organization stands accused of wasteful expenditure on items like ‘workshops’ and consultants – whilst its mandate, to investigate complaints of gender discrimination, goes unfulfilled.
Aside from issuing press releases, and hosting workshops, gender activists complain that the CGE does little to advance the cause.
Special Assignment speaks to poor women in South Africa, also taxpayers, and ask them whether they – and the state, are getting value for their money in sustaining this institution? We also interview former CGE commissioners, who give their perspective on why the CGE is failing in its duties. The programme also looks at the so-called “Asmal Commission” chaired by Professor Kader Asmal, which made recommendations as to the future of the Chapter Nine institutions – the proposals from which, have to date not been implemented.
“Gender Agenda” was produced by Busisiwe Ntuli and Melini Moses
For further information or interviews contact:
Busisiwe Ntuli 011 – 714-6451
Khadija Bradlow (Story Editor) 011 – 714-6758
Or email: truth@sabc.co.zaDate published:02/09/2009Organisation:Special Assignment - SABCIssued by:
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