A slew of legislation that looks set to curtail media freedom has local journalists up in arms. Media organizations say government and the ruling party is trying to control the media, has a sinister agenda and is obstructive when it comes to dealing with press. The ruling party’s spokesperson, the ANC's Jesse Duarte says this is nonsense and names members of a newspaper cartel that she claims is targeting the ruling political party.
Speak to members of the media and media interest groups in South Africa and at best you'll get the idea that press freedom in this country is under threat. At worst the impression that the African National Congress (ANC) has a covert plan to control the media, is hostile towards the media and is trying to influence the media agenda for its own gain.
Funny thing. If you speak to ruling party the ANC they say pretty much the same thing about the media. Jesse Duarte who heads up communications and is the spokesperson for the ANC says the ruling party is aware of a group of journalists who clandestinely get together on Thursday evenings to determine how the news will play out. "We are aware that every Thursday a night group of journalists sit together and decide what stories they will go into. This is very clear when we do our analysis. What we see is a pack approach with a story that breaks in the Saturday Star, then is repeated in Business Day with a slightly different angle, and then in The Citizen with a different angle and slightly new perspective," says Duarte who maintains that South Africa has the most free press in the world, but adds that the media do not respect that freedom.
Speaking to Duarte one gets the idea that the ANC believes there is a media cartel of journalists and editors from Caxton, Independent Newspapers and Avusa news titles that are manipulating the news to try and influence the ANC agenda. "We have a right to demur and reply, and when we do what we see from these media is that there attack intensifies."
When asked what the agenda of these media could be Duarte replies that she cannot speak on behalf of the likes of The Saturday Star, Business Day, Citizen or Sunday Times. Adds Duarte: "What we all don't want is for the media to influence the agenda of the ANC and this is a very real concern. We do believe that they do at times try to do this, particularly when it comes to the issue of media stories written citing unnamed sources."
Duarte maintains that a key issue of contention between the ANC and the media is the refusal by the ANC to confirm stories based on unnamed sources. "What the media doesn't like is when they publish something which is not a fact, and we object. We cannot allow our organisation to be led or influenced by rumours. We believe that there are journalists who are exceptionally hostile to the ANC and there are those who are objective and do their job. Our analysis shows that those who are not objective are the most hostile towards the ANC."
While the ANC contends that the media is trying to influence the party's agenda, the media and media institutions in South Africa reckon the ANC is using a slew of new laws and tactics to control the media. Reams of square centimeter columns have been dedicated to various media and media organizations speaking out about what is perceived as an attack on media freedom by the government and ruling party.
Professor Anton Harber who directs the Journalism and Media Studies Programme at Wits University and is former editor of the Mail & Guardian says the slew of legislation represents a worrying government drive to reign in media freedom. "You have to see what was expressed about the media at Polokwane by a segment of the ANC leadership who were saying that the media needs to be reigned in. They say that the media is abusing its freedom. There is a strong element in ANC that wants to see the media knocked into shape and the media will resist this. It will cause ongoing and heightened conflict between government and media, which is a pity because we should be moving to mutual respect for each others space and roles."
The legislation in question is the Films and Publications Act, the National Key Points Act, the Protection of Information Bill, and provisions of the amendment to the Companies Act that could see the censoring of shareholder information. This with the recently passed Broadcasting Amendment Bill and calls by the ANC at Polokwane for a media appeals tribunal.
Executive director of the Freedom of Expression Institute, Jane Duncan believes that the media have themselves to blame. "Collectively this legislation greatly reduces the ability of the media and their respective publics to acquire information that is in the public interest, and which is considered sensitive by government. I think the media and public should be very worried, I don't think that they are worried enough. We lack an early warning system because we only know about the bills before they get before parliament which is too late. We need to get into the minds of the ruling party and executive while the bills are in their very early phases.
Journalists need to organize themselves to defend their space more vigorously. SANEF cannot substitute for the voice of the working journalist. Unfortunately we have very weak journalist organizations in the country. The SAIJ has collapsed and MWASA is not as vigorous as they should be on media freedom issues. We don't have a journalists association which is a big pity because the lack of organization gives the government the ability to erode the space that is necessary for good journalism in this country."
Chairperson Media Institute of Southern Africa Noma Regana shares the view that the media needs to take some responsibility for alienating themselves from government. "The media can fuel chaos and there has been irresponsible reporting. The media has to get it right. Investigative journalism seems to be missing and there are too many junior journalists on critical stories. Here you have to blame the editors and the media houses themselves, they are just chasing deadlines and need to spend more time on mentoring and getting the stories right. When you hear how people get their stories it is appalling. The media are in part responsible for alienation from the government. The media tends to jump to conclusions and at times do things that are against media ethics to get the story, and that is where the problem lies."
But is it useful for South Africa to have the media and the ruling party as friendly bedfellows? Absolutely not says SANEF's Jovial Rantao who believes the conflict is constructive. "The tension between the government and media is not always destructive - some of it is healthy. If the media is to play its role and hold government accountable and expose that which is not done right it will of course lead to tension. The media is acting on behalf of the public. We must always be the voice of the people and represent those who cannot speak for themselves."
The pivotal player in the ongoing drama between the ANC and the media is ANC President Jacob Zuma. Recently the ANC National Working Committee met to discuss the Zuma issue and called for clemency saying that all citizens had the right "to equal treatment before the law, to a fair trail, to be presumed innocent until found otherwise, and to protect against unreasonable and malicious actions by State institutions. It is clear that the continuation of this case does not serve the interests of South Africa. It has long ceased to be a justifiable prosecution that can be said to be motivated by nothing more than the pursuit of justice."
Members of the media and media organizations are not convinced. "Jacob Zuma made the mistake of taking sides when it comes to the media, particularly with black journalists. Nobody wants to be on the wrong side of the media. He dug his own grave," says Regana.
The media legislation at issue is not a Zuma era invention, but media pundits say that it may serve a Zuma-led government well to see it through to its end point. Says Duncan: "It may be tempting for a Zuma led government to ensure that the legislation - a legacy of the Mbeki era -is carried forward because it will allow them to bury many embarrassing issues under the guise of protecting the national interest."