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Concern over parliamentary processing of Films Bill
The South African National Editors’ Forum (SANEF), SA Chapter of the Media Institute of Southern Africa (MISA-SA) and the Freedom of Expression Institute (FXI) earlier this week expressed their shock in reaction to the reported announcement by Patrick Chauke, chairman of the parliamentary Home Affairs Committee, that he plans parliamentary hearings for the Films and Publications Amendment Bill soon so that the Bill can come before Parliament within the next three months.
The three organisations believe that this undertaking by Chauke is contrary to the promise made by Minister in the Presidency Essop Pahad, Home Affairs Minister Nosiviwe Mapisa-Nquakula and Deputy Minister Malusi Gigaba that there would be extensive consultation with stakeholders before the Bill was presented to Parliament.
Conflicts with decision
It also conflicts with the decision to set up technical committees to investigate ways in which the ministry’s aims could be met without undermining constitutional guarantees of media freedom, they claim.
The media vigorously protested at the first draft of the Bill last year, pointing out that it introduced the prospect of pre-publication censorship which was counter to the media freedom guarantees in the Constitution, apart from the practical difficulties that would arise for the distribution of newspapers, and that there had been no consultation with the media beforehand.
The media organisations believe that the Bill should be withdrawn and a consultative conference be held to discuss how the ministry’s objectives, which are directed at eliminating the dangers of child pornography, can be achieved.
Deeply concerned
The media has also noted with deep concern the statement reported in the Sunday Times that Gigaba remains convinced that the media has to be regulated to limit child pornography and the exposure of children to pornography.
The three media organisations point out that there is no record of newspapers or news broadcasters having contravened the common law crime of displaying child pornography or of exposing children to pornography and caution the deputy minister that attempts by the state to regulate publication constitute censorship and an offence against the Constitution.
The media organisations also note that since the meetings with Pahad and the Home Affairs Ministry in October last year, there has been no attempt to set up a consultative process with the media.
SANEF, MISA-SA and FXI are therefore calling on the ministry to institute an immediate comprehensive consultation over the Bill’s provisions, preferably with the Bill withdrawn, so that the discussions are not constrained by its provisions.
