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South African Media Fear Government Crackdown

   Joe DeCapua 09 August 2010

   In South Africa, the government and ruling ANC party are being accused
   of trying to censor the media and limit a free press.

   Media   outlets   are  reacting  to  a  proposed  media  tribunal  and
   legislation  that  could  sharply  curtail investigative journalism of
   alleged  government  wrongdoing.  Critics of the proposals liken them
   to media laws in effect during the apartheid years.

   VOA  reporter Delia Robertson, in Johannesburg, says, âIt essentially,
   will  be  called  the  Media Appeals Tribunal.  And it will mean that
   anybody  can  take  a  complaint  to the tribunal to determine whether
   theyâve  been  unfairly  treated  by the media or theyâre unhappy with
   reporting in the media.â

   Tribunal vs. the courts 

   Critics of the tribunal ask why take complaints against the media to a
   tribunal when the courts and other bodies are already set-up to handle
   such matters?

   âThatâs  a  question  a lot of people in this country are asking.  We
   have  already  a  press  ombudsman.  We have statutory organizations,
   such  as  the  Human Rights Commission and the Public Protector.  And
   all  of these are available for people who have complaints against the
   media,â says Robertson.

   The   Public   Protectorâs   office  was  established  to  investigate
   complaints against government agencies or officials and is independent
   of the government or political parties.

   âThere  is  great  concern that the purpose of this, combined together
   with a new law the ANC is trying to push through Parliament called the
   Protection  for  Public  Information  Act,  will  stifle  any  sort of
   investigation into wrongdoing by public figures.â

   The  proposed  legislation  would allow government officials to decide
   what  information  is  in  the  national  interest  and  should not be
   released to the media.

   âWhich  means essentially that anybody in the government at a specific
   rank,  who  doesnât  wish  certain information to leak into the public
   domain or to be made public, can say this is information that needs to
   be protected.â she says.

   Media uproar

   Media outlets are strongly opposed to the proposals.  Robertson says,
   âThere  have  been  a number of meetings held already.  Yesterday, in
   all the national newspapers, the editors placed a statement condemning
   these  proposals and the law.  And theyâve been holding meetings with
   the  government  and  tomorrow  (Tuesday)  the  editors will meet with
   senior officials in the ANC.â

   The  South  African National Editorsâ Forum is among those leading the
   fight against the measures.

   In   the   United  States,  such  proposals  would  be  challenged  on
   constitutional  grounds  for violating free speech rights.  Robertson
   says similar challenges are expected in South Africa.

   âThat  is  one  of  the  points  that has been made by the editors and
   experts,â   she  says,  âthat  these  proposals  will  violate  rights
   entrenched  in  the  constitution.   And so I expect that if they are
   implemented  by  the  government  weâre going to see challenges in the
   courts.â

   Years in the making

   The proposals first surfaced in 2007 when now President Jacob Zuma was
   elected  as  president  of  the ANC.  Shortly thereafter, Thabo Mbeki
   stepped down as South African president and was succeeded by Mr. Zuma.

   She  says,  âWhat  triggered it was probably the investigation and the
   leaks around the case of corruption and fraud that was brought against
   (Zuma).   And also, since he became president, the number of cases of
   questionable   actions   by   the  government  expenditure,  cases  of
   corruption, cases of dereliction of duty have just skyrocketed.â

   She  says those most in favor of the tribunal and proposed legislation
   have been the targets and subjects of media exposés.

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