THE MEDIA APPEALS TRIBUNAL AND THE BATTLEFIELD OF IDEAS
The ANC is intent on pushing for the establishment of a Media Appeals Tribunal (MAT) in the run-up to its National General Council (NGC) next month. The proposal has its roots in a resolution adopted at the 2007 National Conference on Polokwane on the establishment of a tribunal that would "balance the right to freedom of expression, freedom of the media, with the right to equality, to privacy and human dignity for all."
The MAT would adjudicate public complaints against print media, "in terms of decisions and rulings made by the existing self-regulatory institutions". According to ANC spokesman Jackson Mthembu "there is no targeting of newspapers. We will still use the same journalistic codes (but) if you go against those codes, then we should impose some punitive measures (including imprisonment)." The MAT would be accountable to Parliament, which "would guarantee the principles of independence, transparency, accountability and fairness".
The ANC believes that the MAT is necessary because the Press's own system of self-regulation has failed. Numerous ANC and SACP leaders have supported the campaign, including President Zuma, who says that the media "need to be governed themselves because at times they go overboard on the rights." The President added that the media claimed to be " the watchdog of the people", but " they were never elected". He added that the media was not the only body which understood rights: "We at the ANC, we believe we do. We fought for the rights".
Is the ANC right about the ineffectiveness of press self-regulation? The Organisation for Security and Cooperation in Europe (OSCE) has produced a Guidebook on Media Self-Regulation that should be required reading for everyone participating in our own debate. According to the Guidebook "Media self regulation is a joint endeavour by media professionals to set up voluntary guidelines and abide by them in a learning process open to the public. By doing so the independent media accept their share of responsibility for the quality of public discourse in the nation, while fully preserving their editorial autonomy in shaping it."
The OSCE warns that "time and again, the road to unnecessary legal interference (by the State) is paved with good will, and prompted by the public's real need for standards in journalism. Many undue limitations are intended to "help" enhance ethics and quality, or "balance" freedom of the press against other important values, like state security, social peace, or personal rights". However "such laws tend to merely impose the tastes of the ruling parliamentary majority." Accordingly, most functioning democracies practise some form of media self regulation - and hardly any permit state regulation of the press.