TRC Final Report

Volume 5

Chapter 8

Subsection 29

■ MEDIA

93 State restrictions on the freedom of the media played an important role in facilitating gross violations of human rights during the period covered by the Commission’s mandate. While these restrictions were not in themselves a gross violation of human rights as defined in the Act, they denied South Africans the right to a free flow of information and ideas, and created conditions conducive to the perpetration of gross human rights violations by a range of forces. Laws and restrictions controlling the media created an atmosphere conducive to self-censorship in the white-controlled media. As a result, most journalists failed to delve thoroughly enough into allegations that gross violations of human rights were occurring, or to speak out strongly enough when evidence was uncovered.

Legislation

94 The Commission thus recommends that:

THERE BE LESS LEGISLATION CONTROLLING THE MEDIA, RATHER THAN MORE.

SECTION 205 OF THE CRIMINAL PROCEDURE ACT, WHICH COMPELS THE REVELATION OF SOURCES, BE REPEALED. THIS IS IN LINE WITH THE CODE OF CONDUCT OF THE INTERNATIONAL FEDERATION OF JOURNALISTS, WHICH STRESSES THAT THE JOURNALIST SHOULD OBSERVE PROFESSIONAL SECRECY ON SOURCES OF INFORMATION OBTAINED IN CONFIDENCE. THERE MAY BE A NEED TO DEVISE A NEW FORMULATION, WHICH WOULD ASSURE THE MEDIA’S RIGHT TO PROTECT A SOURCE AND ITS INTEGRITY, AS WELL AS THE STATE’S NEED FOR INFORMATION, FOR INSTANCE WHEN STATE SECURITY IS THREATENED.

A THOROUGH REVIEW OF ALL LAWS BE UNDERTAKEN WITH A VIEW TO REDUCING RESTRICTIONS ON THE FREE FLOW OF INFORMATION, ON FREEDOM OF EXPRESSION AND ON DIVERSITY OF OPINION. THERE SHOULD BE NO INTERFERENCE FROM GOVERNMENT IN EDITORIAL MATTERS.

RECRUITMENT OF AGENTS AMONG, OR PAYMENTS FOR INFORMATION FROM, THE RANKS OF JOURNALISTS AND OTHER MEDIA WORKERS BY ANY STATE INTELLIGENCE OR SECURITY AGENCIES BE PROHIBITED BY LAW.

Independence

95 The Commission recommends that:

THE INDEPENDENCE OF THE SOUTH AFRICAN BROADCASTING CORPORATION, FROM BOTH GOVERNMENT AND COMMERCIAL PRESSURES, BE ESTABLISHED AND RETAINED.

THE INDEPENDENCE OF THE INDEPENDENT BROADCASTING AUTHORITY FROM GOVERNMENT BE MAINTAINED.

Alternative media

96 The Commission recommends that:

THE STATE PROMOTE A MULTIPLICITY OF MEDIA VOICES IN SOCIETY BY ESTABLISHING A LEGISLATIVE ENVIRONMENT AND STATE SUBSIDIES TO ENCOURAGE THE GROWTH OF GRASSROOTS PUBLICATIONS AND LOCAL BROADCASTING STATIONS.

THE ESTABLISHED PRESS PLAY A LEADING ROLE IN HELPING TO ENCOURAGE A VARIETY OF MEDIA SOURCES BY, FOR INSTANCE, FUNDING AND RESOURCING ALTERNATIVE PUBLICATIONS. COMMUNITY PUBLICATIONS SHOULD BE DEVELOPED ALONG THE LINES OF LOCAL, PROVEN GRASSROOTS MODELS LIKE GRASSROOTS, SOUTH AND SAAMSTAAN. MODELS FROM OTHER COUNTRIES SUCH AS ZIMBABWE AND PAPUA NEW GUINEA SHOULD ALSO BE EXPLORED.