Fight For Democracy

APPENDICES

Appendix 1

THE SOUTH AFRICAN PRESS CODE 1996

Preamble

WHEREAS:

Section 16 of the Constitution of the Republic of South Africa enshrines the right to freedom of expression as follows:

(1) Everyone has the right to freedom of expression, which includes:

(a) Freedom of the press and other media;

(b) Freedom to receive or impart information or ideas;

(d) Academic freedom and freedom of scientific research.

(2) The right in subsection (1) does not extend to

(a) Propaganda for war;

(b) Incitement of imminent violence; or

(c) Advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.

The basic principle to be upheld is that the freedom of the press is indivisible from and subject to the same rights and duties as that of the individual and rests on the public’s fundamental right to be informed and freely to receive and to disseminate opinions; and

The primary purpose of gathering and distributing news and opinion is to serve society by informing citizens and enabling them to make informed judgments on the issues of the time; and

The freedom of the press allows for an independent scrutiny to bear on the forces that shape society.

NOW THEREFORE:

The Press Council of South Africa accepts the following Code which will guide the South African Press Ombudsman and the South African Press Appeals Panel to reach decisions on complaints from the public after publication of the elevant material.

Furthermore, the Press Council of South Africa is hereby constituted as a self-regulatory mechanism to provide impartial, expeditious and cost-effective arbitration to settle complaints based on and arising from this Code.

Definition

For purposes of this Code, “child pornography” shall mean: “Any image or any description of a person, real or simulated, who is or who is depicted or described as being, under the age of 18 years, engaged in sexual conduct; participating in or assisting another person to participate in sexual conduct; or showing or describing the body or parts of the body of the person in a manner or circumstances which, in context, amounts to sexual exploitation, or in a manner capable of being used for purposes of sexual exploitation.”

1. Reporting of News

1.1 The press shall be obliged to report news truthfully, accurately and fairly.

1.2 News shall be presented in context and in a balanced manner, without any intentional or negligent departure from the facts whether by:

1.2.1 Distortion, exaggeration or misrepresentation;

1.2.2 Material omissions; or

1.2.3 Summarisation.

1.3 Only what may reasonably be true, having regard to the sources of the news, may be presented as fact, and such facts shall be published fairly with due regard to context and importance. Where a report is not based on facts or is founded on opinions, allegation, rumour or supposition, it shall be presented in such manner as to indicate this clearly.

1.4 Where there is reason to doubt the accuracy of a report and it is practicable to verify the accuracy thereof, it shall be verified. Where it has not been practicable to verify the accuracy of a report, this shall be mentioned in such report.

1.5 A publication should usually seek the views of the subject of serious critical reportage in advance of publication; provided that this need not be done where the publication has reasonable grounds for believing that by doing so it would be prevented from publishing the report or where evidence might be destroyed or witnesses intimidated.

1.6 A publication should make amends for publishing information or comment that is found to be inaccurate by printing, promptly and with appropriate prominence, a retraction, correction or explanation.

1.7 Reports, photographs or sketches relative to matters involving indecency or obscenity shall be presented with due sensitivity towards the prevailing moral climate.

1.7.1 A visual presentation of sexual conduct may not be published, unless a legitimate public interest dictates otherwise.

1.7.2 Child pornography shall not be published.

1.8 The identity of rape victims and victims of sexual violence shall not be published without the consent of the victim.

1.9 News obtained by dishonest or unfair means, or the publication of which would involve a breach of confidence, should not be published unless a legitimate public interest dictates otherwise.

1.10 In both news and comment the press shall exercise exceptional care and consideration in matters involving the private lives and concerns of individuals, bearing in mind that any right to privacy may be overridden only by a legitimate public interest.

2. Discrimination and Hate Speech

2.1 The press should avoid discriminatory or denigratory references to people’s race, colour, ethnicity, religion, gender, sexual orientation or preference, physical or mental disability or illness, or age.

2.2 The press should not refer to a person’s race, colour, ethnicity, religion, gender, sexual orientation or preference, physical or mental illness in a prejudicial or pejorative context except where it is strictly relevant to the matter reported or adds significantly to readers’ understanding of that matter.

2.3 The press has the right and indeed the duty to report and comment on all matters of legitimate public interest. This right and duty must, however, be balanced against the obligation not to publish material which amounts to hate speech.

3. Advocacy

A publication is justified in strongly advocating its own views on controversial topics provided that it treats its readers fairly by:

3.1 Making fact and opinion clearly distinguishable;

3.2 Not misrepresenting or suppressing relevant facts;

3.4 Not distorting the facts in text or headlines.

4. Comment

4.1 The press shall be entitled to comment upon or criticise any actions or events of public importance provided such comments or criticisms are fairly and honestly made.

4.2 Comment by the press shall be presented in such manner that it appears clearly that it is comment, and shall be made on facts truly stated or fairly indicated and referred to.

4.3 Comment by the press shall be an honest expression of opinion, without malice or dishonest motives, and shall take fair account of all available facts which are material to the matter commented upon.

5. Headlines, Posters, Pictures and Captions

5.1 Headlines and captions to pictures shall give a reasonable reflection of the contents of the report or picture in question.

5.2 Posters shall not mislead the public and shall give a reasonable reflection of the contents of the reports in question.

5.3 Pictures shall not misrepresent or mislead nor be manipulated to do so.

6. Confidential Sources

The press has an obligation to protect confidential sources of information.

7. Payment for Articles

No payment shall be made for feature articles to persons engaged in crime or other notorious misbehaviour, or to convicted persons or their associates, including family, friends, neighbours and colleagues, except where the material concerned ought to be published in the public interest and the payment is necessary for this to be done.

8. Violence

Due care and responsibility shall be exercised by the press with regard to the presentation of brutality, violence and atrocities.

THE SOUTH AFRICAN PRESS CODE 2011

In operation from 15 October 2011

Preamble

The press exists to serve society. Its freedom provides for independent scrutiny of the forces that shape society, and is essential to realising the promise of democracy. It enables citizens to make informed judgments on the issues of the time, a role whose centrality is recognised in the South African Constitution.

Section 16 of the Bill of Rights sets out that:

“Everyone has the right to freedom of expression, which includes:

a) Freedom of the press and other media;

b) Freedom to receive and impart information or ideas;

c) Freedom of artistic creativity; and

d) Academic freedom and freedom of scientific research.

“The right in subsection (1) does not extend to

a) Propaganda for war;

b) Incitement of imminent violence; or

c) Advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.”

The press holds these rights in trust for the country’s citizens; and it is subject to the same rights and duties as the individual. Everyone has the duty to defend and further these rights, in recognition of the struggles that created them: the media, the public and government, who all make up the democratic state. Our work is guided at all times by the public interest, understood to describe information of legitimate interest or importance to citizens.

As journalists, we commit ourselves to the highest standards of excellence, to maintain credibility and keep the trust of our readers. This means striving for the maximum truth, avoiding unnecessary harm and acting independently.

We adopt the following Code:

1. Reporting of News

1.1 The press shall be obliged to report news truthfully, accurately and fairly.

1.2 News shall be presented in context and in a balanced manner, without any intentional or negligent departure from the facts whether by distortion, exaggeration or misrepresentation, material omissions, or summarisation.

1.5 A publication should seek the views of the subject of serious critical reportage in advance of publication; provided that this need not be done where the publication has reasonable grounds for believing that by doing so it would be prevented from publishing the report or where evidence might be destroyed or sources intimidated. If the publication is unable to obtain such comment, this shall be stated in the report.

1.7 Reports, photographs or sketches relating to indecency or obscenity shall be presented with due sensitivity to the prevailing moral climate. A visual presentation of sexual conduct should not be published, unless public interest dictates otherwise.

1.8 Journalists shall not plagiarise.

2. Gathering of news

2.1 News should be obtained legally, honestly and fairly unless public interest dictates otherwise.

2.2 Press representatives shall identify themselves as such, unless public interest dictates otherwise.

3. Independence & conflicts of interest

3.1 The press shall not allow commercial, political, personal or other non-professional considerations to influence or slant reporting. Conflicts of interest must be avoided, as well as arrangements or practices that could lead audiences to doubt the press’s independence and professionalism.

3.2 Journalists shall not accept a bribe, gift or any other benefit where this is intended or likely to influence coverage.

3.3 The press shall indicate clearly when an outside organisation has contributed to the cost of newsgathering.

3.4 Editorial material shall be kept clearly distinct from advertising.

4. Privacy

4.1 The press shall exercise exceptional care and consideration in matters involving the private lives and concerns of individuals, bearing in mind that any right to privacy may be overridden only by a legitimate public interest.

4.2 The identity of rape victims and victims of sexual violence shall not be published without the consent of the victim or in the case of children, without the consent of their legal guardians.

4.3 The HIV/AIDS status of people should not be disclosed without their consent, or in the case of children, without the consent of their legal guardians.

5. Dignity & Reputation

The press shall exercise exceptional care and consideration in matters involving dignity and reputation, bearing in mind that any right to privacy may be overridden only by a legitimate public interest.

6. Discrimination and Hate Speech

6.1 The press should avoid discriminatory or denigratory references to people’s race, colour, ethnicity, religion, gender, sexual orientation or preference, physical or mental disability or illness, age, or other status except where it is strictly relevant to the matter reported.

6.2 The press should not refer to a person’s race, colour, ethnicity, religion, gender, sexual orientation or preference, physical or mental disability or other status in a prejudicial or pejorative context except where it is strictly relevant to the matter reported.

6.3 The press has the right and indeed the duty to report and comment on all matters of legitimate public interest. This right and duty must, however, be balanced against the obligation not to publish material which amounts to hate speech.

7. Advocacy

A publication is justified in strongly advocating its own views on controversial topics provided that it treats its readers fairly by

7.1 Making fact and opinion clearly distinguishable;

7.2 Not misrepresenting or suppressing relevant facts;

7.3 Not distorting the facts.

8. Comment

8.1 The press shall be entitled to comment upon or criticise any actions or events of public interest provided such comments or criticisms are fairly and honestly made.

8.2 Comment by the press shall be presented in such manner that it appears clearly that it is comment, and shall be made on facts truly stated or fairly indicated and referred to.

8.3 Comment by the press shall be an honest expression of opinion, without malice or dishonest motives, and shall take fair account of all available facts which are material to the matter commented upon.

9. Children

Definition of Child Pornography

9.1 Child pornography shall not be published.

9.2 Exceptional care and consideration must be exercised when reporting on matters where children under the age of 18 are involved. If there is any chance that coverage might cause harm of any kind to a child, he or she should not be interviewed, photographed or identified unless a custodial parent or similarly responsible adult consents or a public interest is evident.

9.3 The press shall not identify children who have been victims of abuse or exploitation, or have been charged with or convicted of a crime

10. Violence

Due care and responsibility shall be exercised by the press with regard to the presentation of brutality, violence and atrocities.

11. Headlines, Posters, Pictures and Captions

11.1 Headlines and captions to pictures shall give a reasonable reflection of the contents of the report or picture in question.

11.2 Posters shall not mislead the public and shall give a reasonable reflection of the contents of the reports in question.

11.3 Pictures shall not misrepresent or mislead nor be manipulated to do so.

12. Confidential & Anonymous sources

12.1 The press has an obligation to protect confidential sources of information.

12.2 The press shall avoid the use of anonymous sources unless there is no other way to handle a story. Care should be taken to corroborate the information.

12.3 The press shall not publish information that constitutes a breach of confidence unless a legitimate public interest dictates otherwise.

13. Payment for Articles

The press shall avoid chequebook journalism where informants are paid, particularly when criminals are involved, except where the material concerned ought to be published in the public interest and the payment is necessary for this to be done.

Appendix 2

Interview questionnaire

1.Is an independent media needed in SA?

2.If so, why?

3.What does the term “developmental journalism” mean to you?

4.What does the ANC mean when it advocates “transformation of the media”?

5.How free do you find the media in SA?

6.Is independence of the media a principle to you, or is it contingent on politics, the state of the nation?

7.How do you view the Sunday Times vs Manto Tshabalala-Msimang argument in 2007?

8.Do you think the media appeals tribunal will be instituted?

9.What is your view of the future of the media in SA … in terms of being free and independent?

10.Is an independent media intrinsic to democracy?

Appendix 3

The Media Appeals Tribunal Resolution adopted at the ANC National General Council in Durban, 20-24 September 2010.

The existing self-regulatory system (Press Ombudsman and Press Council) is ineffective and needs to be strengthened to balance the rights of the media and those of other citizens, guided by the values enshrined in our bill of rights, for example human dignity, equality and freedom. The commission affirmed the call for Parliament to conduct a public enquiry on:

a) balancing the rights enshrined in the Constitution, like rights to dignity, freedom of expression and media, guided by the values enshrined in our bill of rights, human dignity, equality and freedom.

b) enquiry on transformation of the print media in respect of a [black economic empowerment] media charter, ownership and control, advertising and marketing and the desirability of the establishment of a media accountability mechanism, for example the media appeals tribunal.

c) the media accountability mechanism [should be] in the public interest including the investigations into the best international practices, without compromising the values enshrined in our Constitution

d) what regulatory mechanisms can be put in place to ensure the effective balancing of rights, this may include self-regulation, co-regulation and independent regulation. Any media accountability mechanism, should be independent of commercial and party political interests, should act without fear, favour and prejudice, should be empowered to impose appropriate sanctions and must not be pre-publication censorship.

In preparation for this enquiry, the ANC will itself submit to Parliament its own submissions. (Source: The Daily Maverick: 27 September 2010: www.thedailymaverick.co.za)