SA MEDIA OFF THE MARK ON PROPOSED MEDIA TRIBUNAL

The response by the South African National Editors Forum (SANEF) and journalists on the proposed Media Appeals Tribunal and a discussion paper for the ANC National General Council on media transformation confirms the need for the establishment of such an institution in the country. The media has opted for a dismissive, hypodermic approach instead of an objective debate around the Media Appeals Tribunal proposal.

This approach undermines the ethos from which the media should operate in, that of being a facilitator in a public sphere where there is un-mediated flow of information and ideas. In a public sphere the media is and should play the facilitator role of information of which the citizenry use to make up their own minds about particular issues or topic raised in the public sphere.

Sadly SANEF has resorted to a defense mode mechanism and launched scathing attacks on the ANC by decrying the proposal and comparing it to restrictive apartheid laws. As expected opposition parties, political commentators have joined in to declare this unconstitutional and an infringement on media freedom in the country.

While it can be accepted for the media to protect their freedom, the proposed tribunal doesn't at any given stage threaten media freedom or freedom of expression in this country, instead it proposes punitive measures for defamatory articles, transformation in the media industry and media ownership.

The draft proposal acknowledges the black ownership in some media houses like Avusa and Media 24 and decries lack of ownership in some media companies like Independent News. Interestingly though, the ownership of few shares by black people(25.5 % percent Avusa, 15.5 Media 24, 50.0 % Primedia) has not been translated to change in the way news are covered in the country.

Sadly Independent newspapers and Caxton don't any ownership of historically disadvantaged individual on their records.

In the ANC weekly column (ANC Today), President Jacob Zuma asks a relevant question as to who guards the guardian? He correctly points out all the industries are regulated in the country. He argues that the media is a business which is like any other business driven by profit making.

He points out that under a business climate, the media is bound to make mistakes like it happens in other industries, but in other industries the are regulations to guide for the appropriate action to be taken when such mistakes occur.

SANEF makes the mistake of comparing the proposed tribunal to the apartheid regime that arrested tortured and imprisoned journalists without thorough examination, proper interpretation and analysis of the implications thereof.

However it is this fundamental mistake that creeps into newsrooms and filters into newspaper pages wherein information is published without thorough research and verification which in most occasions is followed up by retractions, demotion of journalists and reduction of their salaries. Interestingly nothing happens to the editors who approves the story for printing.

While these are acceptable as effective regulations in the media industry, they do very little to undo the damage they create when they were first published for public consumption because a perception would have long been created on the public minds and a mere apology would not convince the public otherwise.

It must also be understood that under the current media and political environment- an independent tribunal is required in the country to offer recourse to those who are defamed by incorrect media reports.

Firstly the media is vulnerable to manipulation by its sources that later become friends and feed inaccurate information to the media for publication.

Secondly journalists themselves get personally involved with their sources by being friends, boyfriends and girlfriends, thus losing objectivity in their reporting. As it has emerged in recent weeks, the media is also vulnerable to bribery by people who want to be potrayed in a positive manner. 

Doctors, nurses and advocates are regulated by independent bodies that have authority to strip them of their practising licenses or remove them when found guilty of misconduct, so why is the media afraid of a similar body in their industry?  

The Media Appeals Tribunal is needed to bring professional ethos and accountability in the media industry. Currently when the media houses are at fault, they are only liable for an apology and retractions.

Throughout all their comments and articles, editors and journalists present this as a criminal activity designed to frustrate journalists from doing their jobs. To the contrary the proposed legislation wants to assist journalists in being accountable to an independent body working with the already existing forums such as the Press Ombudsman and the Press Council who are currently unable to mete out punitive measures to publications or journalists.  It will not stop journalists from reporting and gathering news.

By its own admission, SANEF concedes that the media is not immune to making mistakes, but such mistakes prove detrimental to subjects reported about particularly politicians who are mostly featured on newspaper pages.

The media greatly shapes and influences public perceptions and as such erroneous articles make or break people's integrity and credibility on the public sphere. This needs to be corrected by an independent body other than self regulation supported by media organisations in the country which don't impose punitive measures on publications who break media ethics and laws. These punitive measures should be imposed on publications rather than journalists.

The broadcast media is regulated in the country by Independent Communications Authority and there has been no arrest of journalists, intimidation nor threats since the legislation took effect.

The proposed Appeals Tribunal is not intended to control the media and what it publishes, but its main function would be to offer recourse to those defamed by the media and impose punitive measures against guilty publications.

This will ensure that journalists, editors and newspapers are more attentive to the accuracy and authentity of the content rather chasing commercial interests and increased sales as it is currently happening in the country.

Lwandile Sicwetsha is Eastern Cape Human Settlements spokesperson

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