14. The Leader of the Opposition (DA) to ask the President of the Republic:

Whether, with regard to his statement (details furnished) it is the Government's intention to establish a media tribunal; if not, what is the position in this regard; if so, what are the relevant details?

NO2866E

REPLY:

Government has not discussed the proposed investigation into the establishment of a Media Appeals Tribunal and does not have a position on it.

The concept of a Tribunal is included in the resolutions of the 52nd national conference of the ruling party of the year 2007.

The resolution proposing the investigation states that the purpose is to promote the school of thought which articulates media freedom within the context of the human rights ethos of the South African Constitution.

It promotes the view that the right to freedom of expression should not be elevated above other equally important rights such as the right to privacy and more important rights and values such as human dignity.

The intention is that the Tribunal would strengthen, complement and support the current self-regulatory institutions such as the Press Ombudsman.

The investigation proposes that that such a Tribunal could be a statutory institution, established through an open, public and transparent process, and be made accountable to Parliament.

The Polokwane conference resolution adds that an investigation should consider the mandate of the Tribunal and its powers to adjudicate over matters or complaints expressed by citizens against the print media, in the same way as it happens in the case of broadcasting through the Complaints and Compliance Committee of the Independent Communications Authority of South Africa.

The investigation should further consider remedial measures which would safeguard and promote the human rights of all South Africans.

The proposal is also that the Media and other stakeholders, including civil society, shall be consulted to ensure that the process is open, transparent and public.

Were the investigation to find that the Tribunal is necessary; Parliament would then be charged with this mandate to establish the Tribunal in order to guarantee the principles of independence, transparency, accountability and fairness.

It must be noted that this vibrant public debate has resulted in, or coincided with a decision by the Press Council to review its Constitution, with a view to strengthening its self-regulatory mechanisms.

We welcome the fact that this debate,  which is raging in the public arena, has now also entered Parliament, thanks to this question from the Honourable Member.

As Government we welcome debates in the spirit of promoting free exchanges of views and ideas, and to enable informed policy making processes.

Issued by The Presidency, September 8 2010

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