The Freedom of Expression Institute (FXI) on Tuesday laid a complaint with the Independent Communications Authority of South Africa (Icasa) about the South African Broadcasting Corporation (SABC), related to the public broadcaster’s alleged blacklisting of commentators.
The 20-page complaint argues that the SABC violated the Broadcasting Act 11 times, its licence conditions five times and the Constitution three times.
It alleges that SABC head of news Snuki Zikalala’s actions in excluding certain commentators violated the Act’s requirement for providing fair and unbiased news and current-affairs programming, and that the SABC violated its licence conditions by limiting the diversity of opinion offered to the public.
An allegation that Zikalala showed a Special Assignment programme to the Presidency prior to broadcast is especially grave, as it opens the SABC up to editorial influence in violation of the Act and its own code of editorial practice.
The FXI further argues in its complaint that the denial of the existence of a blacklist in June last year had misled the public — a violation of the Act, the SABC code of practice and Icasa’s code of conduct for broadcasters.
The complaint also points to possible violations of the freedom-of-expression clause found in the Constitution. These include an attempt to force the Mail & Guardian Online to remove a copy of the blacklisting report, and the alleged screening of the Special Assignment show to the Presidency.
Lack of response
In a statement, FXI operations director Na’eem Jeenah said the organisation laid the complaint because it was ”increasingly concerned” by the SABC’s lack of response to the findings by a commission of inquiry into the blacklisting of certain commentators and related issues.
There is no public information on actions being taken on measures proposed by the commission, the director said. There has also been no indication if action will be taken against Zikalala.
Instead, in a ”perverse twist”, media reports have outlined attempts to issue a written warning to SAfm anchor John Perlman — who recently resigned — for refuting on air the public broadcaster’s denial of a blacklist. If the reports were accurate, these attempts also possibly breached the Constitution, the Broadcasting Act and the SABC’s licence conditions.
No comment
SABC spokesperson Kaiser Kganyago told the M&G Online on Wednesday morning that the public broadcaster was not in a position to comment on the matter, as it had not heard anything from Icasa about the complaint.
”We hear it from the media … but that’s not how it works. It’s not up to us to check the [FXI] website [which has a copy of the complaint],” Kganyago said. ”It’s obvious that we be informed about a complaint laid against us … [but we] haven’t heard anything from Icasa.”
Regarding any action taken by the SABC based on the findings of the commission of inquiry, Kganyago said: ”At the moment, we agree that the final decision will be made by the group chief executive [Dali Mpofu], and his recommendations will be implemented.”
He said ”a lot of recommendations” have already been made, many of which are being implemented, but added that he was not in a position to elaborate on details of these recommendations.
The full complaint is available on the FXI website. – Sapa