Criticising the president - in the name of freedom of expression

Prof Guy Berger, of Rhodes University's School of Journalism, told Bizcommunity.com: “At this point in history, people everywhere know that presidents are not infallible - George Bush being a prime example. Some African countries have hangover laws from colonial times however, which insulate presidents from criticism. Known as ‘insult laws', these are incompatible with democracy.”

Raymond Louw, Africa representative of the World Press Freedom Committee and deputy chairperson of the SA Chapter of the Media Institute of Southern Africa, said: “In a democracy it should not be a criminal offence to criticise.

Not morally wrong to criticise the head of state

“It is the right of every citizen to take an intelligent interest in the affairs of the day and to express opinions about them and if that involves criticism of politicians including heads of state, officials or whoever, that is a democratic entitlement.

“No, it is not morally wrong to criticise anyone, including heads of state, African or otherwise.”

In South Africa - possibly Africa's last bastion of press freedom - criticising the president or any politician allied to the ruling ANC is now said to be seen as a ‘political blasphemy', ‘lack of respect' and an ‘insult in the name of freedom of expression'.

Cartoonist Zapiro, among others, continues to stir controversy over his work which ANC spokesperson Jessie Duarte describes as depicting a derogatory image of the president.

Many believe politicians should embrace criticism with fair play, learn from their mistakes and desist from bursting in anger and responding unnecessarily.

Death threats

But Prof Berger said: “A head of state has exactly the same freedom of speech to respond as any other citizen, as well as the right to use channels like the press ombudsman or civil litigation in court. Clever politicians will engage, rather than run and hide, sulk or sue.”

Many African journalists have been jailed and tortured, others killed or just disappeared for criticising their president, minister, or a corrupt businessman allied to the government, but so far there has been no such case in SA.

However, with anger mounting and reports suggesting that Zapiro has been getting death threats, there are fears SA could soon become the next graveyard for independent journalists who taunt the ‘untouchables'.

It's actions in office that count

Furthermore, some heads of state, officials, especially police and army heads, invoke what is called ‘insult laws' to charge critics with crimes such as publishing false news, being disrespectful of an official or head of state and lowering their status in the esteem of the public - indeed ‘insulting them', Louw told Bizcommunity.com from London, en route to Helsinki, Finland, where he is due to attend the International Press Institute conference.

He added: “Almost every African country has ‘insult laws' on their statute books though fortunately some countries do not invoke them, but those that do are ruthless.”

Prof Berger pointed out that a president's dignity is advanced not by silencing criticism, but by the behaviour and performance of the incumbent in that office. “Robert Mugabe controlled the media in his country to no avail: his party still lost the election. So it's actions, not words that really count.”