Fifa’s requirements for local media houses seeking accreditation to cover the 2010 World Cup “may well infringe [South Africa’s] constitutional right to freedom of expression”, says a top media lawyer.
The South African Media Interest Group, which includes the South African National Editors’ Forum (Sanef) and Print Media South Africa, has objected to Fifa’s restrictions, particularly on video content for websites.
They include requirements that will severely restrict digital platforms, forbid reporters to reveal the names of the visiting national teams and prohibit the sale of newspapers within an 800m radius of stadiums.
They also include a paradoxical clause guaranteeing freedom of expression, while insisting that new reports should not bring Fifa into “disrepute”.
Pamela Stein of law firm Webber Wentzel Bowens, who is being consulted by local media organisations, said she is “very concerned” about the number of regulations.
One particularly worrying clause requires that news reports should not “detract” from the football.
Stein pointed out that if a commentator wants to write about racism without authorisation from Fifa, he or she would be breaching the conditions of his or her accreditation. “That’s unheard of in our democracy,” she said.
But Sanef representative Raymond Louw ruled out the possibility of a Constitutional Court challenge. “It’s expensive and long-winded,” he said. In addition, accreditation closes at the end of this month.
Asked why Sanef had not gone to court earlier, Louw said the forum has been dealing with Fifa on the issue since 2006 and could not go the court route while negotiations were in progress.
He said there has been protracted correspondence between Sanef and Fifa, with the federation always taking its time to respond. In one case correspondence had been answered nine months later.
Louw said Sanef would meet the local organising committee on Friday to seek “extra assurances” about media freedom, to which Fifa has been reluctant to commit.
As a way of circumventing the legal labyrinth, Louw has suggested that when media organisations apply for accreditation they include a covering letter affirming “that normal reporting and journalistic practice will prevail”.
In Moneyweb reports this week, Pekka Odriozola, Fifa’s media head, is quoted insisting that “freedom of press is guaranteed. That is very important for us and you will be able to cover the World Cup in the best possible conditions.”