Freedom of expression misunderstood in SA

SA independent media has come under a lot of criticism in the past few years, both from embattled politicians, government officials and some members of the public, who firmly believe that journalists and editors have overstepped the press' constitutional limits to position themselves as ‘witchhunters', ‘judges' and ‘democracy lecturers' to boost circulations and fulfil their ‘hidden agendas' – all in the name of freedom of expression.

Question true meaning

Health Minister Manto Tshabalala-Msimang's ‘severe beating' by The Sunday Times has been described by ANC sympathisers and pro-government circles as ‘shocking', ‘totally unacceptable' and ‘unAfrican', prompting many to question the newspaper's real motives behind the Manto saga and the true meaning of freedom of expression.

Linington said: “Many complainants object on the basis that something or other is shocking or offensive, or overturns established notions of what is acceptable or politically correct.

“Freedom of expression is applicable not only to information or ideas that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb,” Linington pointed out, quoting from the European Court of Human Rights' ruling in the Handside versus UK affair.

“Such are the demands of that pluralism, tolerance and broadmindedness without which there is no democratic society,” he added.

“Not Europe but Africa”

“We must not forget that this is not Europe but Africa, where we have certain ways of doing things. We need to respect our leaders who fought hard to win this freedom which is now misused by the press,” one government official told Bizcommunity.com on condition of anonymity because of the sensitivity of the issue.

“There must be certain limits and some form of censorship in this so-called freedom of expression, especially when reporting on matters involving government's top figures. I also think that the ombudsman must get tough with these newspapers.”

Linington goes on the counter-attack: “Of course there is a limit, but that limit is far beyond what many in this country think, especially when they are the target of critical reporting and the revelation of uncomfortable facts.”

Many foreign analysts and journalists continue to praise SA for maintaining the most liberal and free press on the continent, where criticism of the government and its top allies – mostly corrupt and ‘soulless' businessmen – is fiercely met by death, lengthy imprisonment and torture.

Linington warned about the danger of censoring the media, adding that even democratic governments sometimes turn to tyranny. However, he insisted that the best defence against tyranny is a free and independent press.

Basics of journalism

He also said that most complaints received by the ombudsman are made on the basis of inaccuracy and imbalance, due to lack of application of basics of journalism: check the facts, get corroboration, get and publish both sides of the story, present the story fairly and in a balanced way, be honest and correct mistakes.

Nevertheless, he defended journalists, saying that they are – after all – human beings and bound to make mistakes like any other mortal, especially when working under pressures of time and space.

Furthermore, he said that the ombudsman is neither a policeman nor a prosecutor of the press, but rather a mediator and adjudicator on complaints brought by readers, including private individuals, government departments, politicians or government.

After 10 years in the office, Linington has stepped down this year and has since been replaced by multi-skilled veteran journalist Joe Thloloe.

Asked to comment on the report, press freedom fighter Raymond Louw said: “Ed's excellent report on the activities of press ombudsman shows that the system of media self-regulation, as it has been in practice in SA in the past 10 years, is working well.

“The number of complaints indicates that the public is availing itself of this process. It is clear that the media take careful note of the findings against them and strive to improve their performance, though the recurrence of lapses in journalistic practice points to much more effort being required.”