The ANC has moved to allay fears that its proposed media tribunal is an attempt to curb media freedom, toning down its language on the issue.
But documents released for discussion at the party’s national general council in September make it clear that a statutory media appeals tribunal, albeit one independent of the ruling party, is still on the cards.
The documents state that the discussion about media diversity and ownership will centre on the “desirability” of setting up a media tribunal, euphemistically called an “independent statutory institution”.
At its 2007 conference in Polokwane, delegates instructed the leadership to look at ways of dealing with complaints against the media, including a possible media tribunal. After encountering a wave of criticism, the party did not push ahead with the investigation.
Currently the only avenues for complaints are the courts and the Press Ombud, a self-regulating body set up and funded by the private media industry.
In its council document the ANC says “the temptation is always there to want to interfere with content”, but points to the fact that the law protects the media against such interference.
“The necessary changes in media could accord citizens the possibility to influence and deepen democratic ethos at community level, more so using community media.”
Open, public and transparent process
But it says it wants to achieve this by setting up an independent statutory institution, established through an open, public and transparent process, and accountable to Parliament.
“The investigation should further consider the mandate of the media appeals tribunal and its power to adjudicate over matters or complaints by citizens against print media.”
No sanctions are mentioned by the ANC in the document, despite its spokesperson, Jackson Mthembu, telling the Mail & Guardian last week that sanctions such as fines and the imprisonment of journalists could be on the cards.
The council document suggests that the tribunal will be similar to the complaints and compliance committee of the Independent Communications Authority of South Africa (Icasa).
The proposal has been heavily criticised by media institutions, including the South African National Editors’ Forum.