Draft bill 'means censorship'

2006-08-14 21:12

Cape Town - While draft legislation amending the Films and Publications Act is still in the early stages, it already has aroused the suspicions of media watchdogs and politicians.

The amendment bill is with the films and publications board and is yet to be tabled in parliament.

The measure, which is believed to be intended to close loopholes regarding child pornography, also appears to threaten media freedom.

On Monday, Democratic Alliance home affairs spokesperson Sandy Kalyan urged the national assembly's home affairs committee chair to ensure that public hearings on the bill were well advertised and enough time had been allocated for public input.

The opinion of media experts also should be considered so that the proposed legislation did not end up in the Constitutional Court on the basis of its "(un)constitutionality.

Proper consultation needed

"While the DA acknowledges that legislation aimed at curbing child pornography is necessary, the chairperson... should ensure there is proper consultation on the bill so that cognisance is taken of the concerns of all the stakeholders," she said.

South Africa's three main media freedom organisations - the SA National Editors' Forum (Sanef), SA Chapter of the Media Institute of Southern Africa (Misa-SA), and the Freedom of Expression Institute (FXI) - have expressed their deep shock at "the government's intention to impose direct censorship on the print and broadcast media".

The act regulates films and publications other than the news media by censorship and classification measures, which determine the age groups precluded from viewing certain films and which publications should be prohibited or how they should be displayed in shops.

Sanef, Misa-SA and FXI said a clause in the act had exempted the media from its provisions, thus enabling the print and broadcast news media to operate freely and without interference or pre-publication censorship.

Would be subject to board's dictates

"This exemption dates back for decades - it was even honoured by the Nationalist government.

"But the home affairs ministry has now proposed without any warning or consultation that the exemption will be removed in the amending legislation," a statement said.

If this proposal was accepted by parliament, the print and broadcast media would effectively be subjected to the dictates of the board.

In practice, the media would be subjected to pre-publication censorship, probably forced to expunge large amounts of their news coverage from their pages or broadcasts, and submit to procedures which would prevent papers from being distributed on a daily or weekly basis and result in broadcasters having to delay news broadcasts.

The media industry was regulated by the press ombudsman, the independent communications authority of SA (Icasa), and the broadcasting complaints commission (BCC), which held the media accountable for ethical and other breaches of their codes of conduct.

Conflicts with constitution

"As there is no need for the film and publications board to usurp this function, the only reason that can be advanced for the government's move is that it wishes to censor the media.

"The three organisations point out that the amendment conflicts with the freedom of expression clause in the constitution."

A spokesperson for home affairs was not immediately available for comment on Monday, but was reported in Business Day on Friday as having said he was unaware of any amendments affecting the media.

- SAPA