Proposed changes to the Films and Publications Act could leave the Constitution ”in tatters”, media representatives told the government on Thursday.
The two sides met in Cape Town for what they said afterwards was a ”frank and comprehensive” discussion on the amendments, which were approved by Cabinet last week.
Critics say the changes, meant to fight child porn, will introduce pre-publication censorship of journalists, in conflict with the Constitution.
In a joint statement issued after the meeting, the government and media delegations said they agreed on the need to protect children from pornography and sexual exploitation.
The media delegation welcomed the assurance that public participation will be assured through the parliamentary portfolio committee process when the Bill is finally tabled.
The government team was led by Deputy Minister of Home Affairs Malusi Gigaba, and included officials of his department and government spokesperson Themba Maseko.
The media delegation included the deputy chairperson of the South African National Editors’ Forum (Sanef) Thabo Leshilo and Print Media South Africa board member Jan Malherbe.
In a written submission handed over at the meeting, Sanef, the Media Institute of Southern Africa and the Freedom of Expression Institute said they were ”deeply concerned” at the lack of consultation on proposals for a major departure from a 40-year-old agreement between government and the media.
”It introduces pre-publication censorship which conflicts with the letter and spirit of the Constitution,” they said.
”It will have a chilling effect on journalists gathering and conveying the news of the day because they will fear that some of the articles and reports that they are producing could be subject to pre-publication censorship.”
The Bill lowers the bar for protection of free expression contained in the Constitution, especially over hate speech.
They said the media are already subject to common- and statute-law offences relating to child pornography and indecency, so there appears to be no call for further restraints.
”Our view is that the proposal to remove the exemption [from the Films and Publications Act] enjoyed by the news media will have a seriously harmful effect on the news media and the public … The media will not be free and the Constitution could very well be in tatters.” — Sapa