Results 1 to 10 of 10

Thread: Publication bill can gag the media.

Hybrid View

Previous Post Previous Post   Next Post Next Post
  1. #1
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    22,648
    Thanks
    3,304
    Thanked 2,676 Times in 2,257 Posts
    Blog Entries
    12

    Publication bill can gag the media.

    A controversial bill that brings censorship back to South Africa has drawn a lot of criticism.

    Branded by many as an assault on the freedom of speech and the press, the bill is typical of the first steps of repressive legislation enacted by a state to inhibit criticism of the government.

    Just as the loss of equality before the law was hung on the peg of redressing the racial history of our country (ie. if you oppose, you must be a racist), this bill has been hung on the peg of child pornography (ie. if you oppose, you are a child pornographer).

    It seems the bill introduces control measures for the media in general. This affects the internet and also makes provision for control of the print media. Not surprisingly, the print media sees this particular aspect a major problem, but to my mind the control of the internet, which enables ordinary citizens to publish their news and opinions is possibly an even more serious assault on our freedoms.

    Some have said that, being in flagrant contravention of our constitution, we can expect the bill to be rejected by the constitutional court. I am not so confident.

    We have already seen government's response to the constitutional challenge to EE and BEE practices - the constitution was amended to allow for "fair" racial, sexual (and potentially even religious) discrimination. On track record, we can probably expect the same in respect of the provisions for the freedom of speech and the press.

    The tactic is plain - by focusing on an exceptionally narrow need, the government is enabling exceptionally wide powers available for use as and whenever they need it. Government will probably say "Trust us to use this power responsibly", but how can we trust a cabinet that has actually endorsed this bill?

    We all need to speak out against this assault on one of the cornerstones of a healthy democracy - freedom of speech. Add your voice here, and keep an eye out for the opportunity to express your rejection of this bill elsewhere.

    Let's keep each other posted of where and when we can let government know that this bill is totally unacceptable.
    Last edited by Dave A; 03-Sep-06 at 09:16 AM.

  2. #2
    just me duncan drennan's Avatar
    Join Date
    Jun 2006
    Location
    Cape Town
    Posts
    2,642
    Thanks
    119
    Thanked 94 Times in 77 Posts
    What are the practical ways to go about adding our (my) voice to the concern around this?

    Also, do you know of any summaries that cover the important points of the bill?
    [SIGPIC]Engineer Simplicity[/SIGPIC]
    Turn ideas into products | The Art of Engineering blog

  3. #3
    Administrator I Robot's Avatar
    Join Date
    May 2006
    Posts
    783
    Thanks
    0
    Thanked 15 Times in 14 Posts
    Something of an update here. It seems the bill has not been published yet, but has got past cabinet. Based on a few recent issues such as the airport renaming issue, getting this through parliament from here is pretty well a formality.

  4. #4
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    22,648
    Thanks
    3,304
    Thanked 2,676 Times in 2,257 Posts
    Blog Entries
    12
    Some media comment here from News 24.

    It seems the media is already feeling persecuted.

  5. #5
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    22,648
    Thanks
    3,304
    Thanked 2,676 Times in 2,257 Posts
    Blog Entries
    12
    I've just worked out that the internet already falls under the Film and Publications Act of 1996 (as ammended in 1999 and 2004).

    Whatever it is that the press fears from coming under the Film and Publications Act, the internet is already there.

  6. #6
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    22,648
    Thanks
    3,304
    Thanked 2,676 Times in 2,257 Posts
    Blog Entries
    12
    This controversial bit of legislation is back in the news. Some snippets from an article on M&G:
    Parliament's legal advisors on Tuesday joined media organisations in criticising certain provisions in the draft Films and Publications Amendment Bill.

    Briefing the National Assembly's home affairs committee, parliamentary legal adviser Refilwe Mathabathe said that if enacted in its current form, the Bill would see the Films and Publications Board (FPB) become a broadcast-media regulator.

    Among other things, the Bill's provisions mean that print and online media will have to submit all news reports containing descriptions of sexual assault, indecent assault and rape to the classification committee before publication.

    "If one has further regard to the definition of 'sexual conduct', all articles on sexual intercourse, regardless as to whether they are educational, artistic or literary works, will have to be submitted to the classification committee."

    The same difficulty will arise in respect of any news report, photograph or article dealing with or depicting declarations of war, violent demonstrations, violent incidents or civil unrest, because of the requirement that descriptions of "propaganda for war" or "incitement to imminent violence" will have to be submitted to the publications committee for classification.

    "The effect of these provisions is that expression deserving of constitutional protection will now be subject to governmental approval, contrary to the very tenets of freedom of expression," Sanef said.
    full story from M&G here
    I think the paragraph I've marked in red shows the real danger here.

  7. #7
    Email problem stephanfx's Avatar
    Join Date
    Apr 2007
    Posts
    203
    Thanks
    0
    Thanked 1 Time in 1 Post
    I am glad for forums such as these, for they keep me on my toes, sometimes I miss these things but eventually pick it up here.

Similar Threads

  1. Justice Bill still alive and kicking.
    By Dave A in forum General Business Forum
    Replies: 0
    Last Post: 30-Jun-06, 09:21 PM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •