As demonstrators holding a T-shirt-burning vigil in support of embattled ANC Youth League leader Julius Malema became violent, a photographer was thrown out of Luthuli house and his camera smashed, rocks were thrown at journalists and e.tv’s satellite vehicle was damaged.
When Malema exited Luthuli House in a black beret, even he had to urge his hundreds of supporters not to attack the media.
“You cannot throw stones at journalists because journalists are just messengers … if you attack journalists, you will lose public sympathy,” the South African Press Association (Sapa) reported.
Despite Malema’s words, many reporters and photographers are beginning to feel that journalists are under siege.
The ‘enemy’
“The press has become the enemy,” says the Star news photographer Chris Collingridge. He remembers when members of the media were welcome in townships and supported by the ANC. The ANC used us to tell their story during apartheid, he says.
The ANC’s spokesperson, Jackson Mthembu, says he has not received a complaint about a man who had been thrown out of Luthuli House by officials and had his camera destroyed.
But, he says, if such a thing had occurred, the ANC would not hesitate in condemning it.
“The ANC had already condemned the violence of youth league supporters outside Luthuli house [on Tuesday],” adds Mthembu.
More attacks
Consensus among photographers from some of South Africa’s top newspapers is that attacks on journalists are becoming increasingly common.
Raymond Louw, the acting chairperson for media freedom on the South African National Editors’ Forum (Sanef), blames government ministers and the ruling party’s antagonism towards the media for the growing tension between the public and the media.
“Cabinet ministers frequently speak negatively about the media, makings accusations that are seldom proven,” says Louw. “The government has created an environment in which demonstrators, who tend to be prone to violence, are more likely to turn against press photographers”.
Photographers are targeted more often because their camera identifies them — although all journalists that can be identified are vulnerable, he adds.
Photographers’ stories
The man whose camera was smashed when he was thrown out of ANC headquarters on Tuesday was roughed up by Luthuli House officials in front of journalists. Police chose not to get involved and pushed him away towards the guards, because they said he had been trespassing.
An Eyewitness News journalist was called “bitch”, Sapa photographer Werner Beukes was hit on the back of the head by a rock, and e.tv journalists were injured by rocks hurled at them by Malema supporters.
Malema himself has at times shown little patience towards journalists, in one notable instance having the BBC’s correspondent Jonah Fisher thrown out of a press conference, calling him “tjatjarag” and “you bloody agent”.
On Monday, Times photographer Halden Krog was trying to take a photo of the only protester who had turned up at Luthuli house a day too early to show his support for Malema. He says was pushed by a man wearing ordinary clothes from Luthuli house, into the street and told him to, “Get the f*** off the site”. He says he was even hassled when he went to the other side of the street.
In two incidents last week, press photographers were assaulted by members of the public, who tried to prevent them taking photographs.
Beeld photographer Craig Nieuwenhuizen made headlines after a punch-up with security guard at Unisa campus in Pretoria while trying to report a story, and in a less-publicised incident in the Eastern Cape youths stoned a Daily Dispatch photographer who was trying to take photographs of young men running away from police following a protest at the Cathcart Magistrate’s Court.
Mail & Guardian photographer Lisa Skinner, who has been shot at by security guards, says she can count on one hand the number of photographers working in Johannesburg who have not had an incident where they have been physically prevented from doing their jobs.
But more often than not, Skinner adds, it is the police or politician’s bodyguards who stop them from taking pictures and assault photographers.
What does the law say?
Experts say South African law allows photographers to document what is happening in public places. Photographers are usually prohibited from taking pictures of “national key points”. A national key point is a government building, harbour or military installation that has been declared by the government to have a higher security clearance in order to protect national security.
In short, photographers are legally permitted to work in public places without permission.
Trespass laws and privacy laws would usually apply to the press, meaning that photographers would have to ask for permission to take pictures on private property.
But sometimes photographers can take pictures on private property if it is in the public interest, media lawyer Dr Dario Milo told the M&G.
Asked why the law which allows journalists to work in public places is increasingly ignored,
Milo tells the M&G there is “a sad disconnect” between the law and practice: “There is more and more abuse of power”.
Franz Krüger, the M&G‘s ombud and an adjunct professor at Wits University’s journalism department, says that in many cases “the Constitution and law is often far ahead of popular sentiment”.
Hostility to the media
There is huge hostility to the media in the ANC, and sometimes in the police, and at times it boils over into the street, he says, adding that Malema’s supporters were probably angry with the media for reporting about his involvement with tenders, questions over his finances and the disciplinary charge he faces.
The ANC has been accused of trying to undermine the freedoms of the press with its push for the media to submit to outside regulation in the form of a media appeals tribunal.
But the ANC’s Mthembu says speculation that the ANC regards the media as its enemy is “hogwash”.
“The ANC are respectful to journalists. Many of our friends are journalists. There are even people at Luthuli house who started out as journalists.”
Mthembu acknowledges there is disagreement over the need of a media appeals tribunal, but says this does not mean party members bear the media any ill will.
“All we are calling for is recourse if journalists err,” he says.
“If I disagree with you about recourse for people who have fallen victim to the media does it mean I hate you?” asks Mthembu. “The ANC respects the right of journalists to do their jobs.”
The proposed solution
Elston Seppie, the president of the Freedom of Expression Institute (FXI), says media houses are not doing enough to defend the right of journalists to report on the news, and should make a bigger issue about photographers being stopped from taking pictures.
“I get the impression that newspaper owners or editors don’t always take action against people who assault or prevent journalists from doing their jobs, other than writing a story on the incident,” said Sanef’s Louw.
Media owners must go to court more often to stand up against the treatment of press photographers or journalists will increasingly find it harder to do their job, Louw urges.
Krüger agrees that media houses have a responsibility to support their staff. “Photographers are very often on the front line and take risks for their employers” and media houses should look after them, he says.
“The media will fight for everyone else but we don’t fight for ourselves,” laments Krog.
But the Star‘s photographic editor Steve Lawrence says it can be frustrating to follow that path. After a photographer working with him had his equipment damaged a few years ago, he opened a case — but it was buried. “Court cases just disappear,” he says.
The people who should stop the harassment of photographers are the government, says Louw. “They started it,” he says. “They can end it.”