What are the major threats to the media in South Africa at the moment?
Over the past nine years, there have been incremental erosions to the independence of the broadcasting sector. These erosions began with the Broadcasting Bill, where the minister of communications was given wide-ranging powers. The overbroad nature of these powers led to President Thabo Mbeki turning the bill back after representations were made to him. Then again in 2002, there was an attempt to give the powers of approval for the SABC’s editorial policies to the minister. Yet again we saw attempts to circumscribe the independent role of the Independent Communications Authority of South Africa (Icasa) through provisions in the Convergence Bill, and after that the Icasa Amendment Bill. Most recently, Home Affair’s attempts to make the Film and Publications Board responsible for regulating broadcasting content is yet another attempt to interference with Icasa’s role. It is difficult not to arrive at the conclusion that there is trend towards control of broadcasting by the Executive arm of government. This trend has been checked by public pressure and through the Parliamentary process, but nevertheless the trend is there.
How would you judge the state of media freedom in our country now compared to a decade ago?
Media freedom enjoyed a golden season since 1994, with many positive developments taking place. Media diversity increased markedly with the establishment of the community radio sector, and the unbundling of a number of the major newspaper groups. This is significant as we also take media diversity to be an indicator of media freedom.
However, some old apartheid-era laws remains on the statute books, and have been invoked from time to time. Also, since 1998, we have detected a creeping but inexorable re-concentration of media. Four major groups now dominate the commercial media, which may be reduced to three if Caxton succeeds in acquiring Johnnic Communications.
Has there been an improvement in press freedom in southern Africa in the past five years? Do we focus too much on the state of press freedom in Zimbabwe and tend to neglect other countries in our region?
The state of media freedom in the region is a mixed picture. Some gains have been made in different countries, but there are also setbacks, not only in Zimbabwe. The state of press freedom in the Democratic Republic of the Congo is especially worrying. While there has been an explosion of media in the country, journalists may be threatened with death and subjected to other forms of harassment. There are other countries on the continent where media freedom is under dire threat. In Eritrea and Ethiopia, the media have been virtually destroyed.
What would the long-term effects on press freedom be if the amended Film and Publications Act is approved by parliament?
The media would have to submit more controversial and sexually explicit content to the Film and Publications Board for approval, which is unworkable. This would amount to a form of government-controlled pre-publication censorship, or prior restraint, on the media. The grounds for banning material are also much broader than what the constitution allows for, so potentially any controversial content would have to be submitted for consideration.
We will be very surprised if the Bill is signed into law in its current form by the President, who has proved to be very sensitive to questions of constitutionality.