/ 28 August 1987

The press: Be censored or be damned!

A provision paving the way for the appointment or press censors is among sweeping new regulations which are to be gazetted today, setting up a quicker procedure for the banning of newspapers.

Up to now, editors have themselves decided what could legally be published on the basis of lawyers' advice on the media regulations. Minister of Home Affairs Stoffel Botha said in parliament yesterday the new measures were necessary to curb "the present flood of revolutionary propaganda.

"We have great appreciation and respect for the role of the press and its role as educator and channel of information. "What we are dealing with here is propaganda and that cannot be dealt with by way of present legislation."

The independent MP for Claremont Jan van Eck, said the repressive steps were "the actions of a scared government which is desperately trying to hide from and 'protect' the white electorate from the harsh and frequently ugly realities of South Africa as reflected in the alternative press."

A media lawyer yesterday commented: "The minister already had most of these powers under the existing media regulations. The ominous new aspect would appear to be the contemplation of the appointment of a censor to approve material prior to publication.

"Although it does not appear that there will be any absolute obligation to submit material, newspapers that have been named in the gazette are going to be presented with Robson's choice: whether to submit or to publish and be damned." The regulations, Botha said, would curb publications which systematically or repeatedly published material which had the effect of:

  • "the promotion of revolution or uprisings in the Republic;
  • "the promotion of the breaking down of the public order,
  • "the stirring up of feelings of hatred or hostility towards a local authority or security force;
  • "the promotion of the public image of unlawful organisations;
  •  "the promotion of the activities of unlawful structures; and
  • "the promotion of boycott actions and acts of civil disobedience."

Botha said the "rules of natural justice are duly taken into consideration. The audi alteram partem (let both sides be heard) rule is inter alia respected." A "comprehensive" administrative process was being created. People responsible for a publication could be warned by a notice in the Government Gazette that material in it contained a threat to security or caused a delay in the termination of the State of Emergency.

If the publication motioned publishing the material objected to, the minister of home affairs was empowered to prohibit publication for three months "unless the matter in that publication has been approved by a person appointed by him for that purpose" or to prohibit publication totally for a period not exceeding three months. 

This article originally appeared in the Weekly Mail.

 

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