SA's press freedom takes wrong turn

In an interview with Bizcommunity.com, SANEF's media freedom committee chairperson Raymond Louw said that he is outraged by the move and has slammed the Government's attempt to annihilate freedom of expression.

“As SANEF, we put our views to the Government that this law, together with others such as the newly-reinforced National Key Point, are eroding freedom of the press,” Louw said.

“Serious consequences”

“We are very worried about the way they are planning to use this law and I believe that if it goes unchallenged, it will have serious consequences on media freedom in SA,” he added.

In its submission, SANEF has asked the ministerial review commission on intelligence, to ‘set parameters and boundaries that will insulate the media from the intelligence services in principle – whether or not there are elements in these services who behave unprofessionally'.

“The conclusion that a free and credible media, trusted by the public and by sources, and not drawn into intelligences services, is the only way to generate and circulate the quantity and quality of information, which South Africans (including the Intelligence Services themselves) need to defend and advance this young democracy,” the SANEF submission says.

“Should never be mixed”

“In sum, SANEF believes strongly that the forces of espionage and the fourth-estate should never be mixed,” it added.

When the Intelligence Services Oversight Act takes effect, journalists – especially investigative reporters – should bear in mind that their days of protecting confidential sources are over, as authorities will lay a hand ‘by force' on their ‘loot' by raiding their properties (bedrooms, office desks, or any other ‘secret hide-out') without a warrant of search.

And given their reputation of uncovering high-profile figures' macabre actions of fraud, political, social and financial misbehaviour, newspapers such as the Sunday Times and the Mail & Guardian are likely to be hit hard, as intelligences agencies, assisted by their ‘spies-turned-journalists', will keep an eagle eye on all their ‘investigative moves'.

“Wrong turn”

Media analyst and author Denis Kayenge Kinkufi told Bizcommunity.com: “It is over for SA's press freedom, it has taken a wrong turn. This is the only African country, where a reporter can tell it as it is without the fear of being detained, tortured and killed.

“But this law is likely to weaken not only the independent press, but political opposition parties and ordinary citizens as well, who will be reluctant to run to the media – let alone trust it – with very important information that might incriminate certain politicians or other high-profile figures.

“As a result, the diversity of views and democratic values are likely to take a serious knock. It is a sad day indeed for SA, which is seen by many Africans as the continent's leader.

Furthermore, the Freedom of Expression Institute (FXI) has also expressed concerns about the National Key Points and Strategic Installations Bill of 2007.

First published by the apartheid regime in 1980, the bill is allegedly set to protect, among others, places and areas such as police stations, ports of entries, government buildings, national radio and television HQ and other installations deemed to be of strategic national interest against ‘sabotage or any form of attack'.

Authorised by minister

In terms of the Bill, the media may not publish any news relating to designated National Key Points whatsoever unless the publication is authorised by the minister.

The FXI, which conducted an exhaustive research prior to its submission to the SAPS about the bill, said: “The Bill needs to be properly reconciled with both the Gatherings Act and the Promotion of Access to Information Act.

“But even if these conflicts are resolved, protection of information remains the sting in the tail of the Bill, offensive to media freedom and the public's right to know about activities at National Key Points.”

The Bill will automatically suppress all media reporting and photographing of these so-called national key points. Strikes and any other form of street protests might also not take place in the vicinity of these designated areas.

Anyone who contravenes this law could face a lengthy prison term.

Louw said that he fails to understand why the Government wants to ‘resuscitate' such an ancient legislation, which badly restricted the movement of people and saw fear in their hearts during the apartheid era.

SANEF is trying to get that law reviewed for the best interests of the media and society in general, he said.