MMP to appeal over ombudsman's Daily Sun ruling

“This ruling is inadequate, very disappointing and flawed,” Bird said, stopping short of calling it unfair. “We will be appealing to the Press Council and as soon as we have submitted the copy, I will send you a copy.”

Thought-provoking complaint

Soon after the xenophobic attacks died down in May this year - leaving 62 people dead, injuring more than 1000 people, displacing more than 50 000 and leaving scores of women gang-raped - the MMP and the Consortium for Refugees and Migrants (CorMSA) lodged a thought-provoking complaint to the Press Council against the Auckland Park-based tabloid newspaper for ‘violating' the SA Press Code.

The complaint, endorsed by Lawyers for Human Rights (LHR) and the Jesuit Refugee Service (JRS), stated that Daily Sun - through its use of the term ‘alien' and its negative connotations and associations - was clearly perpetuating negative stereotypes that were racially based and discriminatory.

But, press ombudsman Joe Thloloe recently threw out the MMP's case against the newspaper, saying his office will not entertain the complaint.

Many observers interviewed by Bizcommunity.com said they were shocked by the verdict and stressed that the ‘inconclusive' ruling might send a wrong signal to media and ordinary people that it is logical to use ‘inappropriate' terms to differentiate locals from non-SA nationals.

“Send a wrong signal”

Bird said: “If we were to leave the ruling, then, yes, I believe it would send a wrong signal and I think it will offer a clear fodder for those who may wish to limit media freedom.

“We must re-emphasise however our commitment to the process, so we will be lodging our appeal early this week and we will take it from there.

“We need to be honest about self-regulation having its limitations. Certainly there are effective means of protecting media freedom and at the same time helping to hold media accountable, and the MMP fully supports a professional and strong self-regulatory system.”

Thloloe declined to comment, saying: “The matter might still go on appeal and it would be inappropriate to comment at this stage.”

Lot of criticism lately

SA media's self-regulatory body has come under a lot of criticism lately, with the African National Congress (ANC) leading the way by calling it toothless and inadequate and even suggesting the establishment of a Media Appeals' Tribunal (MAT).

ANC spokeswoman Jessie Duarte was quoted as saying: “We believe there is a need for a place where the print media can be held accountable for things they say that are absolutely not true.”

Professor Anton Harber, of Wits University's School of Journalism, is also said to be disappointed by the ruling. “It is a pity that the ombudsman has failed to rule against the labelling of people as aliens,” media reports quoted him as saying.

“He appears to suggest that it is no more offensive than calling people non-nationals or non-South Africans, and this is patently not the case.”

However, Daily Sun coolly proclaimed its innocence throughout the saga, rejecting the allegations against it ‘in the strongest possible terms as unfounded'.

“To even attempt to apportion any blame to Daily Sun as contributing to the terrible things that happened would have the effect of papering over the real reasons that led to ‘Alien Terror' and ‘War on Aliens', it argued in its written response to the complaint.