Media Appeals Tribunal
Encyclopedia
The Media Appeals Tribunal was proposed in an African National Congress
(ANC) 2010 discussion paper, which, in turn, builds upon a resolution adopted at the African National Congress' 2007 National Conference
in Polokwane
. A basic premise of the resolution is the idea that freedom of the press is not an absolute right
, but must be balanced against individuals' rights to privacy
and human dignity
.
The discussion paper argues that the current avenues individuals can pursue in order to right a media wrong, litigation and complaining to the Press Ombudsman, are inadequate; litigation is expensive (and thus inaccessible to a large number of South Africans) and long-winded, whereas the Press Ombudsman's background in media is seen as resulting in "(...) an inherent bias towards the media with all interpretations favourable to the institution (...)". The establishment of a Media Appeals Tribunal accountable to Parliament
is thought to be a remedy to this situation.
might have a press background, half of the Press Council is composed of members of the public, and the final level of appeal within the self-regulatory
system is presided over by a retired judge.
.
In January 2011, President Jacob Zuma
called on the South African media to "speed up its transformation processes", but did not mention the Media Appeals Tribunal specifically. The ANC confirmed, through its spokesperson Jackson Mthembu
, that it is not going to pursue the matter until further notice, stating "We will give you the space to transform yourself and then see where it takes us." He clarified that if the Press Council imposed measures that "discourage irresponsible reporting" the ANC would retain the current model of media self-regulation.
African National Congress
The African National Congress is South Africa's governing Africanist political party, supported by its tripartite alliance with the Congress of South African Trade Unions and the South African Communist Party , since the establishment of non-racial democracy in April 1994. It defines itself as a...
(ANC) 2010 discussion paper, which, in turn, builds upon a resolution adopted at the African National Congress' 2007 National Conference
52nd National Conference of the African National Congress
The 52nd National Conference of the African National Congress was held in Polokwane, Limpopo from December 16 to December 20, 2007. It elected Jacob Zuma and supporters to the party's top leadership and National Executive Committee , representing a significant defeat for Thabo Mbeki, then the...
in Polokwane
Polokwane
Polokwane, meaning "Place of Safety",is a city in the Polokwane Local Municipality and the capital of the Limpopo province, South Africa. It is also often referred to by its former name, Pietersburg. Polokwane is a major urban centre, the biggest and most important north of Gauteng. The population...
. A basic premise of the resolution is the idea that freedom of the press is not an absolute right
Right
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
, but must be balanced against individuals' rights to privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
and human dignity
Dignity
Dignity is a term used in moral, ethical, and political discussions to signify that a being has an innate right to respect and ethical treatment. It is an extension of the Enlightenment-era concepts of inherent, inalienable rights...
.
The discussion paper argues that the current avenues individuals can pursue in order to right a media wrong, litigation and complaining to the Press Ombudsman, are inadequate; litigation is expensive (and thus inaccessible to a large number of South Africans) and long-winded, whereas the Press Ombudsman's background in media is seen as resulting in "(...) an inherent bias towards the media with all interpretations favourable to the institution (...)". The establishment of a Media Appeals Tribunal accountable to Parliament
Parliament of South Africa
The Parliament of South Africa is South Africa's legislature and under the country's current Constitution is composed of the National Assembly and the National Council of Provinces....
is thought to be a remedy to this situation.
Criticism
While some critics of the proposal, notably Guy Berger, have conceded that the South African press has a range of shortcomings, the idea of a Media Appeals Tribunal is still dismissed as "political interference". The point has been made that while the Press OmbudsmanOmbudsman
An ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly the broad scope of constituent interests...
might have a press background, half of the Press Council is composed of members of the public, and the final level of appeal within the self-regulatory
Self-policing
Self-policing, a form of self-regulation, is the process whereby an organization is asked, or volunteers, to monitor its own adherence to legal, ethical, or safety standards, rather than have an outside, independent agency such as a governmental entity monitor and enforce those standards.-To the...
system is presided over by a retired judge.
Progress
Although the two tend to be conflated in contemporary debates over press freedom in South Africa, the resolution to establish a Media Appeals Tribunal has not been tabled in Parliament, and is independent from the Protection of Information BillProtection of Information Bill
The South African Protection of State Information Bill, formerly named the Protection of Information Bill and commonly referred to as the Secrecy Bill, is a highly controversial piece of proposed legislation which aims to regulate the classification, protection and dissemination of state...
.
In January 2011, President Jacob Zuma
Jacob Zuma
Jacob Gedleyihlekisa Zuma is the President of South Africa, elected by parliament following his party's victory in the 2009 general election....
called on the South African media to "speed up its transformation processes", but did not mention the Media Appeals Tribunal specifically. The ANC confirmed, through its spokesperson Jackson Mthembu
Jackson Mthembu
Jackson Mthembu is the African National Congress' national spokesperson. In 1997, while Mthembu was serving as MEC for Transport in Mpumalanga, he was criticized for spending R2.3 million on ten BMWs.-References:...
, that it is not going to pursue the matter until further notice, stating "We will give you the space to transform yourself and then see where it takes us." He clarified that if the Press Council imposed measures that "discourage irresponsible reporting" the ANC would retain the current model of media self-regulation.
External links
- African National Congress: 52nd National Conference of the African National Congress: Resolution 9 (125-131): Communications and the Battle of Ideas Retrieved 2010-08-28.
- African National Congress: NGC 2010 Discussion Document - Media Diversity and Ownership Retrieved 2010-08-28.
- The Press Council of South Africa