In South Africa, the continent's last bastion of press freedom, journalists, analysts and law experts attending the Journalism Dialogue last week in Newtown, Johannesburg, squarely rejected the African National Congress (ANC)'s idea of a media statutory tribunal, saying it would violate the constitutional and democratic values the country stands for.
“Sanctioning such a government-funded body to control what editors should print will put us in a shaky constitutional ground and will constitute a fundamental infringement of press freedom,” Dario Milo, a constitutional lawyer told the gathering.
The Media Appeals Tribunal (MAT)'s proposal is enshrined in section eight of the resolutions passed last year at the ANC conference in Polokwane. “Conference notes that the creation of a MAT would strengthen, complement and support the current self-regulatory institutions (Press Ombudsman/Press Council),” the document said.
“It particularly relates to the balancing of human rights in line with section 36 of the Constitution of the Republic. This especially relates to the need to balance the right of freedom of expression, freedom of the media, with the right to equality, to privacy and human dignity for all,” the document added.
But Sunday Times deputy managing editor Susan Smuts, who was flanked by DA's Jack Bloom, categorically said: “I don't buy that argument as people who are offended by a particular article have many options such as to approach the courts or lay a complaint with the press ombudsman, which I believe are the best remedies for a media tribunal.”
Jane Duncan, Freedom of Expression Institute (FXI) executive director and a fierce critic of the SABC, said that the ANC's idea is a grossly mistake as the media tribunal might be biased against the media and thus interfere with the newsrooms' independence.
Media freedom fighter and Southern Africa Report editor Raymond Louw said that ANC deputy president Kgalema Motlanthe argued some time ago that the party's complaints against the media were brushed aside by the ombudsman, prompting many party members to believe that SA media self-regulation is not working properly.
Louw said that he challenged Motlanthe to come up with tangible proof to support that argument, but so far he has yet to substantiate his claims.
Furthermore, Louw said that the ANC's idea of media tribunal is an attempt to control the media and a concerted campaign to reduce criticism of some forms of Government's incompetence and malpractices.
Minister of Arts and Culture Pallo Jordan, who was invited to represent the ANC, did not attend, to the dismay of press ombudsman Joe Thloloe, who facilitated the event.
Meanwhile, the 18th World Press Freedom Day was somehow overshadowed by the continuation imprisonment of 129 journalists, 63 cyberdissidents and seven media assistants and the death on duty of nine journalists worldwide, as well as the wrong turn press freedom is taking in countries said to be professing democratic values, according to RSF.
A total of 29 journalists are still missing worldwide between 1982 and 2007, according to media watchdog Committee to Protect Journalists (CPJ)'s recent tally. Africa accounts for seven, two from DRC (1998 and 2003), two from Rwanda (1995 and 1998), one from Algeria (1994), one from Egypt (2003) and one from Ivory Coast (2004). The assumption is that they may have been killed and their bodies buried in shallow graves or just burnt beyond recognition.
However, the RSF's shocking revelation remains the fact that many journalists working in several European Union (EU) countries are being assaulted, threatened with death and their families intimidated by private groups.
The US, which together with the EU claim to be super champions of human rights, has last week released Al Jazeera cameraman Sami Al-Hajj after six years in detention at Guantanamo Bay. Sudanese-born Al Hajj was accused of having links with Al-Qaeda - an allegation that has never been proved at a court of law.
