Belinda Beresford
Tim Modise and SABC-Safm have been cleared by the Broadcasting Complaints Commission of charges of “sedition” and supporting lawlessness for a radio show on the subject of HIV/Aids.
The allegations had been made by Anita Allen, one of South Africa’s leading Aids dissidents, on behalf of her husband’s firm, David Allen Associates. She was assisted by Professor Sam Mhlongo, head of Family Medicine at Medunsa, and self-proclaimed as the “only practising physician who has openly challenged the hypothesis that HIV is the cause of Aids”.
In her complaint Allen said that Modise’s radio show on January 30 had included as guest KwaZulu-Natal Premier Lionel Mtshali.
Mtshali has declared that his province would roll-out as swiftly as possible the provision of nevirapine to HIV-positive pregnant women attending public health facilities. This contradicted the national government’s position of keeping such treatment to the 18 designated pilot sites nationwide.
Allen complains: “Numerous callers, among them Patricia de Lille, phoned in declaring Mtshali and Modise heroes for their preaching of sedition.”
Her complaint continues that Modise should not be “allowed to get away with openly supporting anarchy and lawlessness, especially when lives are at stake”.
She said that “with regard to HIV/Aids and the more than 30 diseases caught up in its definition [there] is open rebellion against government policies and the guidelines, practice and ethics of the South African Medical Council.”
This organisation became known as the Health Professions Council two years ago.
Allen continues: “Anarchy, lawlessness and fascists (sic) science is what Modise is supporting, but he is by no means the only guilty party.”
She criticises Safm’s coverage in general, saying that its news broadcasts are “being used by definable groupings to spread their own anti-government propaganda” and says that the performances of Modise, Sally Burdett, Nadia Levin and John Perlman are “a complete abandonment of any attempt at fair, accurate and objective reporting telling it like it is”.
“This is an untenable situation and I urgently request that the Broadcasting Complaints Commission enforce and highlight proper standards by finding Modise guilty of sedition.”
Allen also complains of “biased, inaccurate and unfair journalism” in a February 1 broadast where Burdett was news anchor. The transmission showed a leading Aids doctor saying she would not be surprised if there was “mass action” with regard to the state’s slowness in providing nevirapine to HIV-positive pregnant women.”
Allen says, since the government had been elected by a 66% majority: “Open rebellion against its policies amounts to a breakdown of law and order exactly what is happening in HIV/Aids … We have outright support for rebellion, anarchy and lawlessness by people who, if they were honest, would have to admit they do not understand the science of HIV causes, Aids and attendant issues.”
Her views were backed by Mhlongo who, in a written submission, said: “Our media in South Africa is undoubtedly anti-science.
“Science is about questioning and the moment you stop questioning and merely act on belief you are rapidly approaching Nazi/fascist science I would like to remind fellow South Africans of our period in history when Nonqause advised her people in what is now known as the Eastern Cape to burn down all their crops and harvest for a better tomorrow. We all know what followed famine and massive fatalities. Nevirapine may be considered in this light.”
Advocate JCW van Rooyen, chairperson of the Broadcasting Complaints Commission, and the two other commissioners unanimously dismissed the complaints. Dismissing the complaint of sedition, they pointed out: “Even laws may be criticised.”
“It is clear that the mere promotion of a point of view by a broadcaster in conflict with government policy is not sufficient for a finding of sedition.”
On the Burdett newscast, the commissioners said that it “merely conveyed that mass action was planned within certain quarters”.
“It was obviously meant to convey a matter deemed to be newsworthy and would have been understood to have been such by the reasonable listener.”