The denial of free expression and press freedom not ensured in the political dispensation as well as the role of the responsible Journalist.


 

Author               : Smangaliso Zulu
Date                  : May 1999
Place                 : University of Zululand, Kwa-Dlangezwa, South Africa
Type of product : Acs:315 Assignment
Lecturer             :Mrs Jones

Department of Communication Science(Honours)

Introduction
Denial of free expression
Press freedom not ensured under this political dispensation
The compaign for free media
The democratic climate and the role of the responsible Journalist
Conclusion
References

Introduction

In the past, South Africa had a serious problem with free expression. The right to talk serious politics, report and criticize the government was suppressed. It is therefore true that South Africa has a history of  a denial of free expression, and while political change is underway, press freedom is not ensured. It is also a hard fact of life that all those who are concerned with democracy in this country pursue vigorously the compaign for free media. Hatchen & Giffard(1984:105)define press freedom as the right to report and criticize the government without recriminations or retaliations from that  government. This paper will show how denial of free expression had been carried out, how uncertain press freedom is, the compaign for free media and lastly, this paper will show the role of the a responsible Journalist in the new democratic climate.

Denial of free expression

The National party government held political power for over thirty six years. During this period a number of legislations were passed which denied free expression to the South Africans. The South African press was fettered by over one hundred laws that severely limited access to news of major public importance. Further, Editors and Journalist were subjected to harassment by police and to intimidation and threats from the highest level of government. As a result newspaper owners, Editors and Journalists remained passive up until the new government came to power. The following are some of the laws that denied free expression and which the South African newspapers had to deal with:

This act makes it an offense to publish anything written or said by a person banned or who has been prohibited from attending gatherings. Jackson(1993:107) argues that this act was the single most troublesome and inhibiting set of restrictions on news gathering and distribution. As a result, a number of Journalists were banned and barred from writing. Comprehensive protection to the state over a wide range of security matters was what this act was all about. According to Hatchen & Giffard(1984:121), this act provided several wide restrictions on public's right to information. Thus, there was no government accountability to the public for its actions. This act made it an offense to publish anything untrue about the police without having reasonable grounds for believing that the statement is true. Therefore, this act prevented the press from reporting on police irregularities. According to terrorism act, any action that would endanger the maintenance of the law and order or that would encourage resistance to the government was prohibited. Journalists had to make sure that a news report , article or a story are not construed as an aid to endanger the government. Press's problem was at what point does mere reporting of events amounts to encouraging resistance to the government? In terms of this act, Journalists can be compelled to reveal their sources to obtain evidence about an offense. Section 205 allowed the use of subpoenas to require the recipient to appear in court and answer questions before the magistrate(Jackson, 1993:118).These were some of the major laws the South African press had to deal with.

Press freedom not ensured under this political dispensation

Since 1990, there has been a new political dispensation in South Africa. South Africa has moved away from the apartheid era to the more democratic era. But while political change is underway, press freedom is not ensured. Jackson(1993:177) defines press freedom as an environment that enables the press to function essentially unhindered in obtaining and providing a substantially complete, timely account of the events and issues in a society. There are factors which impede press freedom. The following are some of the factors impending press freedom:

There is still a high rate of intolerance of free expression under the new government despite the removal of some of the legal restraints on free expression. Musi(1998, city press:16, marc.1.) argues that when ever South African politicians find themselves at a loss for words, they turn to the press as their whipping boy. "Madiba and deputy president, Thabo Mbeki, want us to go back to those days of devoting miles of space to what politicians have been saying"(Musi:city press:16, marc.1.). Musi was commenting on criticism by Thabo Mbeki to the press, that the press did not edit much of the President's speech. Some of the laws which restricts free expression have been  not yet removed. Editors of South Africa's major news organization met President Mandela and raised concerns about restrictive press legislation, particularly the " reveal your source" provission of the criminal procedure act(Koopman,1998:2). The above qoutation from the recent newspaper articles show that press freedom is not ensured. While political change is underway, still rich and powerful individuals and organizations have complete over the media. Koopman(1998:2) reported that the chief of government's communication service, Mr. Joel Netshitenze, said a dedicated directorate on media policy was being set up which would be immediately tasked with drafting regulations / legislations to ensure "diversity of ownership" in the media. Therefore, ownership of media by few elite did not guarantee press freedom because the only voices that find expression in the media are those of the rich. The precondition for an optimistic scenario for press freedom is a regulatively stable political climate(Jackson, 1993:187). Therefore, only when the government is democratic and when there are no major changes in the government, that there can be political stability. During the National party era, there was political instability because of the undemocratic nature of the government and because of the legislation aimed at restricting the press as we have seen in the above discussion. Press freedom is also not ensured when the country undergoes major changes. The South African situation is a classic example. Jackson(1993:189) summed up this point when he argued that groups like African national congress, may well regard press freedom instrumentally, it is valued only as long as it helps accomplish or maintains a broader set of political objectives. These are some of the factors that do not allow press freedom.

The compaign for free media

The above discussion clearly points out that all those concerned with democracy must vigorously take part in the compaign for free media. Webster(1998:262) wrote that press freedom and independence for free media depends on three factors: Media regulation, Economic viability and Professionalism and responsibility. As far as media regulation is concerned, DeBeer(1993:263) argues that the owners of the organization or press are concerned with profit. They therefore determine which topic may be reported and how information is distributed. They also want more advertisement. As for economic viability, media can never be free if it is dependent on someone else for finance. According to M'membe(1998:263) financial self sufficiency is essential for a truly independent press. With regard to professionalism and responsibility, it is said that media workers have to licensed to ensure quality in their work. As the result, the South African media council has been established to maintain highest professional standard through its code of conduct .But Nel(1998:263) argues that allowing only licensed Journalists access to the media is a denial of free speech and that such code remain little more than the lists of rules which are thoughtlessly broken. On the other hand, Jackson(1993:183) mentions six factors favoring press freedom. They are a lengthy tradition of press freedom, a broader cultural base, an established press, independent ownership, ideological diversity and world and domestic expectations.

The democratic climate and the role of the responsible Journalist

South Africa has moved away from the apartheid era to a new democratic climate. After the 1994 elections, South Africa underwent and is still undergoing some significant changes. For the first time in the history of South Africa, there is a black Chief of justice, a Bill of rights, a new constitution and more specifically, the right of the individual and the individual's right to freedom of expression. In this new democratic climate, the role of the responsible Journalist is according to Boyd(1993:161) to protect democracy. This is because if democracy is unprotected, facts of public interests would be hidden, public access to information would be prevented and freedom of speech would be denied. The Journalist make sure that power is not abused. He or she is like a "watchdog" of a society. Fairness is one of the responsibility of the Journalists. This means that Journalists must not be biased,they must not take side when reporting the story. Confidential sources of information must be protected by Journalists(Boyd,1993:171). This is because many people have lost their lives just because they have spoken to Journalists.All in all, Journalists play a significant role in ensuring that democracy is maintained.

Conclusion

In wrapping up the whole discussion in this paper, it is important that all the South Africans take part in the struggle to liberate the press from all the regulations it has. Unity among the South Africans is the prerequisite for press freedom because through unity, common perception towards the press can be established. It is this disunity among the South Africans during the apartheid era that led to denial of free expression.

References

Boyd, A.1993.Broadcasting Journalism.London:Focal press.
DeBeer, A.S.1993.Mass media.Pretoria:Van schalk.
DeBeer, S.S.1993.Mass media.South Africa:Van schalk
Musi, O.1998.Coments.City press:16.Marc.1.
Koopman, A.1998.News.The Mecury:2.May.12.
Hatchen, W.A.& Giffard, C.A.1984.The press and media.United states of America:Macmilan.
Jackson, G.1993.Breaking story.United states of America:Westview.


 

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