Uganda Tom Gawaya-Tegulle, the New Vision, Kampala

I. Media and Politics: The Role of the Media in Promoting Democracy and Good Governance

21–23 September 1999 Safari Court Hotel Windhoek, Namibia Programme

Tuesday 21 September 1999

08:30–10:00 Welcoming Remarks Theunis Keulder, Namibia Institute for Democracy (NID), Namibia

Opening Remarks Michael Schlicht, Regional Representative, Central and Southern Africa, Konrad Adenauer Foundation (KAF)

Official Opening Address Ben Amathila, Minister of Information and Broadcasting, Namibia

10:30–13:15 COUNTRY POSITION PAPERS Obstacles and Challenges Facing the Media in: • Kenya Henry Owuor, Nation Newspapers, Nairobi

• Malawi Peter Kumwenda, Editor, The Champion, Lilongwe

• South Africa Xolisa Vapi, Political Reporter, The Independent on Saturday, Durban

• Tanzania Matilda Kasanga, The Guardian Limited, Dar-es-Salaam

• Uganda Tom Gawaya-Tegulle, The New Vision, Kampala

• Zambia Masautso Phiri, Zambia Independent Media Association, Lusaka

• Zimbabwe Davison S. Maruziva, The Daily News, Harare

14:15–16:30 Plenary

69 Programme

Wednesday 22 September 1999

09:00–10:00 The Media and Ethics Pushpa A. Jamieson, The Chronicle, Lilongwe, Malawi

10:30–12:45 Plenary

14:00–15:00 The Media and Elections Raymond Louw, Editor and Publisher, Southern Africa Report

15:00– Plenary

Thursday 23 September 1999

09:00–10:00 Investigative Journalism: the Police Perspective Martin S. Simbi, Principal, Police Staff College, Zimbabwe Republic Police

10:30–12:45 Plenary

14:00–14:30 Evaluation and closing

70 Introduction

This publication is a result of the Konrad Adenauer Foundation’s (KAF’s) governing principle of establishing and strengthening democratic institutions, values and processes, and providing effective civic education to countries in Africa.

The publication is a compilation of papers presented at two conferences for journalists held in Windhoek, Namibia and Durban, South Africa. The Windhoek conference was funded by KAF’s Harare office and the countries represented at this regional conference were Zimbabwe, Zambia, Malawi, South Africa, Namibia, Kenya, Tanzania and Uganda. The Durban conference, which was a national conference involving only South African journalists, was funded by KAF’s Johannesburg office.

The Foundation believes that for the media fraternity in the region to be strong and viable, journalists must be afforded the opportunity to network among themselves in their countries, as well as with other journalists in the region. KAF realises that through such interactions and the sharing of ideas and experiences, journalists will become major actors in the democratic process.

KAF further believes that readers both within and outside the journalism fraternity will find this publication a useful source of information. The contributions on specific topics will go a long way towards enhancing the expertise of our journalists and those who work closely with them, such as the police and the judiciary.

In order to provide a legal perspective, we have included the statutes of the Republic of South Africa – Radio: Independent Media Commission Act No. 148 of 1993 and the Press Laws of the Federal Rep- ublic of Germany.

KAF would like to thank all the presenters for their worthwhile contributions, which have led to the production of this seminar report.

5 Opening Remarks

Michael Schlicht

INTRODUCTION government or to the president, but is paid for On behalf of the Konrad Adenauer Foundation, by the taxpayer. On the other hand, it is not the I would like to welcome you here. I would also sole role of the independent media to criticise like to thank the Namibia Institute for Demo- the government. In my opinion both parts of cracy, especially Theunis Keulder, for helping the media should aim at benefiting the country to organise this event. as a whole through balanced reporting – i.e., Representatives of the independent media reporting both the good and the bad. fraternity who stand for a pluralist forming of public opinion have been invited to this confer- 2. JOURNALISTS AS AGENDA SETTERS ence. In some of the countries from which you It is often the understanding that the media has come, this is not an easy task as support of only to confront traditional problems such as under- one opinion is expected. We are gathered here development, unemployment, Aids, gender today to exchange views on how one can issues, environmental issues, ethnic rivalry and strengthen and perform this role in a balanced the distribution of wealth. These types of issues manner, especially by highlighting the chances are often believed to be of paramount impor- and risks of the political processes in the vari- tance, while the building of democratic struc- ous countries represented here today. I am sure tures and the participation of the population in you all agree with me that the media play an decision-making processes is often seen as important role in bringing about positive demo- being insignificant. This is a fundamental mis- cratic change in society. It is important for the conception. It is important to note that econom- media to find its way and to decide what it ic development without political and individual seeks to deliver to its audience. freedom is impossible. More than a critical observer, a journalist will have to be an agen- 1. BALANCED REPORTING REQUIRED da-setter for his/her people, harnessing their I recently saw a cartoon in one of Zimbabwe’s freedom both politically and economically. In independent newspapers which showed the so doing the journalist will help his/her people elite of a country looting state funds. The inde- to take control of their destiny in an enlight- pendent press sees and exposes this looting ened way. while the state media is shown lying down with Democracy is therefore vital, and equally its eyes covered. vital is the journalist’s participation in its pro- I do not like what this cartoon is saying, motion. After all, the various countries from especially the contrast between the state-owned which you come are party to a series of interna- media and the independent media. It suggests tional agreements that envisage the enforce- that it is the role of the state-owned media to ment of democracy and the preservation of see and report only those cases that bring praise human rights. The United Nations Universal to government. This is by all accounts wrong as Declaration on Human Rights of 1948, Article the state-owned media does not belong to the 19 provides that:

9 Schlicht

“Everyone has the right to freedom of opin- details on the war in the Democratic Republic ion and expression, the right includes free- of Congo. I am sure that other unfortunate cases dom to hold opinions without interference exist in a number of countries in this region. Do and to seek, receive and impart information not let such cases discourage you. Instead, they and ideas through any media regardless of should vindicate you. Such examples should frontiers.” make you better journalists. To avoid similar impediments in the daily life 3. INFORMATIVE AND EDUCATIVE of a journalist requires not only courage but The wave of democratic reform in the region also professionalism and networking. Some has surely impacted on journalists. It is now journalists think that good journalism is paint- seen as crucial that journalists promote democ- ing gloomy pictures with dramatic headlines on racy because the ruler and the ruled will have to every issue a government undertakes. This is learn to live with democratic principles, some not wise. One should of course report on the of which may seem foreign. bad state of affairs and the truth should not be The role of the media in these circumstances withheld, especially when government acts will have to be more informative and educative; against its promises and against the laws and that is, performing an educational role for both international agreements it has signed. the rulers and the ruled. This puts new chal- Journalists should be balanced; the good and lenges on professional and responsible journal- the bad deeds of government should be reported ism. with equal vigour and zest.

4. OBSTACLES AND CHALLENGES CONCLUSION The fact that a broad range of countries is rep- I know it is sometimes not easy to be sober in resented here shows that a certain amount of the midst of hardship. We are here to discuss pluralism in these countries is attainable, albeit these issues and to leave rejuvenated and ready with some problems. I am sure these issues will to face the challenges back home. be discussed at this conference, and that, in the The Konrad Adenauer Foundation supports end, we would have learned from each other’s similar discussions in many countries through- experiences. out the world. It supports talks on good gover- Earlier this year Zimbabwe hit the headlines nance, democratic power sharing, independent for violating press freedom, by arresting and press and the participation of the population in allegedly torturing two journalists who had political decision making. In this sense I am reported on an attempted coup. Two other jour- pleased we are gathered here today and wish nalists were arrested in Namibia for revealing you all fruitful deliberations.

10 Opening Address

Ben Amathila

INTRODUCTION 2. THE MEDIA’S CONTRIBUTION TO DEMOCRACY I am honoured to have been invited to open this It is necessary for media practitioners to recog- conference and I would like to take this oppor- nise that the constant free flow of information tunity to thank the Namibia Institute for between government and the public and from Democracy and the Konrad Adenauer the public to government, is vital in promoting Foundation for organising this event. I would good governance in any democratic society. In also like to welcome to Namibia media practi- a democratic society, the public has the right to tioners from Zimbabwe, Malawi, Botswana, receive information on government policies, Zambia, Uganda, Tanzania, Kenya and South actions and projects. The sharing of informa- Africa. Our discussions will revolve around the tion empowers citizens to make informed deci- role the media can play in promoting democra- sions and to hold elected leaders accountable cy and good governance in the region. for their actions. The media therefore makes a valuable contri- 1. A POWERFUL FORCE bution to democracy by educating and inform- The role of the media in promoting democracy ing the electorate and by cultivating analytical and good governance is indeed a crucial topic thought and stimulating debate and dialogue, to address, as the media is a reflection of the allowing the people’s voices to be heard, irre- society in which we live. The media is a mirror, spective of their points of view. bringing to light the events and issues that take It is an undeniable fact that the media is a place in a society. As such it is a powerful powerful tool in shaping people’s views and force which significantly contributes to shaping opinions. This fact obliges the media to act the opinions of a society. responsibly and professionally at all times. The media also acts as the ears and the Facts should be conveyed objectively and com- mouthpiece of our respective societies and to a ments should not form part of the factual large extent, therefore influences the views and reporting of articles. Media practitioners should perceptions of people who live in that democra- ensure that their facts are properly verified so tic society. In Namibia in particular, the role of as not to cause unnecessary damage to those the media changed dramatically at indepen- affected by the reports they publish, thereby dence with the adoption of the new Namibian striving to protect the credibility of their pro- Constitution. fession and the publications or institutions they The Constitution of the Republic of Namibia, represent. through Article 21(1)(a), recognised the importance of information dissemination in a democ- 3. THE FREE FLOW OF INFORMATION ratic society and guaranteed freedom of speech The free flow of information is a prerequisite and expression and freedom of the press and for a flourishing democracy and for the mainte- other media, as a basic fundamental right of all nance of peace and political stability and devel- citizens of this country. opment in a region. Sustainable development

11 Amathila can only be achieved through the timely and professional dissemination of information, factual dissemination of balanced and reliable thereby contributing to the success of our information. respective governments’ development objec- The role of the media with regard to good tives. governance and democracy is an important Investigative journalism is of paramount issue, as the dissemination of information is the importance, and putting across all the conflict- key to human development that enables the ing views of society is a challenge to media people in our respective societies to take charge practitioners who should indeed be encouraged of their own destinies. to promote debate and dialogue on issues of The primary aim of development is to eradi- concern to society. Eventually, it is up to both cate poverty and to increase the wealth of the the first and the fourth estate, to take up the different nations on the African continent. challenge to promote good governance and Development facilitates the equitable distribu- democracy, and to find ways to cooperate in the tion of wealth to those who were previously best interests of society, for the benefit of a disadvantaged in order to diminish the socio- nation’s development and prosperity. economic disparities among our diverse soci- In Namibia, the main objective of the eties. Information Policy is: Politicians are newsmakers; they make deci- “to ensure that the country’s media are free sions that affect society. The dissemination of and able to fulfil their traditional roles of vital information that affects our societies public enlightenment, education and enter- should therefore also aim to contribute towards tainment, and also to imbue the Namibian the motivation and mobilisation of the general people with a goal that sums up their aspira- public to work in support of development pro- tions toward the building of a healthy grammes and projects aimed at improving the democracy; for unless the population as a lives of all citizens. whole shares a common field of reference Prior to Namibia’s independence, the majori- in terms of news and information gathered ty of its citizens were forced to remain silent on and circulated, there cannot be meaningful matters pertaining to their own development. sharing of ideas and national ideals.” People were not allowed to speak out against injustices committed against them and their 5. FUNCTIONS OF THE MEDIA views were suppressed. Governments rely heavily on the mass media to The free flow of information between our convey messages to remote rural areas and are respective societies and governments is there- aware of the important role that the media play fore something which needs to be encouraged in creating effective communication channels since politicians must be made aware of the between the public and government. needs of the people, by the people, with regard There are many different areas without which to development. effective communication by the mass media would make it impossible to reach a country’s 4. A SYMBIOTIC RELATIONSHIP entire population. This includes raising public Politicians make crucial decisions that affect awareness campaigns to eradicate tuberculosis society, and the media and journalists need and polio, promoting Aids awareness and newsworthy information from politicians to addressing social ills that occur in our societies report in the pages of their newspapers and on today, such as rape, substance abuse and the airwaves. The media play an important role domestic violence. in the politics of our societies in general, and a The media as an instrument of change is a symbiotic relationship between politicians and tool to inform the public, bridging the gaps and media practitioners should prevail to ensure establishing meaningful dialogue between the that democracy and good governance is different sectors of our societies. As such, what strengthened in the process. is needed are media practitioners who can At the same time we should not lose sight of understand and interpret issues and analytically the fact that constructive criticism is necessary present them to their readers and listeners, in any democratic society. Constructive criti- thereby promoting understanding and nation cism goes hand in hand with the objective and building in the region.

12 Amathila

In addition, the media act as the watchdog of must therefore take up this challenge and society. Disagreement and criticism are healthy exploit it for the benefit of the nation. phenomena, but at the same time practitioners should not forsake professionalism, fairness CONCLUSION and respect for individual privacy in the pursuit It is indeed heartening to see so many media of their objective to provide news. practitioners from the African continent, who To reinforce these provisions, Namibia is have come together to discuss issues of mutual also a signatory to a number of international concern such as the obstacles and challenges charters which, according to the Constitution faced in our respective countries, ethics, the (Article 144) form part of the Namibian law, media and elections, and investigative journal- namely: the African Charter, which provides ism. free access to information in Article 19 of the I hope this conference will be enlightening Constitution; the Universal Declaration of and that you will work hard to find solutions to Human Rights (Article 19), which guarantees the problems we all face. No matter how much everyone’s right to “seek, receive and impart freedom one is given to practice one’s profes- information and ideas . . .”; and the Inter- sion, there will always be problems looking for national Covenant of Civil and Political Rights solutions. I trust that you will learn from each (Article 19), which guarantees freedom of other’s experiences as well as find common expression and the right to seek, receive and ground on the many issues to be discussed. impart information and ideas of all kinds, I wish you well in your deliberations and regardless of frontiers. hope you enjoy your stay in Namibia and return Media practitioners in Namibia therefore to your respective countries to do the important have all the tools available to promote democ- work you have been destined to do; namely, to racy and good governance in the country. They inform, educate and entertain.

13 Obstacles and Challenges Facing the Media in Kenya

Henry Owuor

INTRODUCTION corrupt. A journalist is currently serving a six- The media in Kenya has come a long way. The month jail term for claiming that the Chief main turnaround was in 1992 with the advent Justice received a Sh30 million bribe. The jour- of multiparty democracy and the removal of nalist was not given a chance to defend himself detention statutes from the laws of the land. despite the fact that seven judges were assigned The relaxation of the previous draconian laws to hear his case. gave the press the green light to report any- The judges said he could not present oral evi- thing, with the only recourse open to those dence after he had admitted to having no writ- harmed by such reports, being the courts. ten or any other credible evidence. The Chief Prior to 1992, the Kenyan government went Justice has since died but the journalist is still so far as to detain journalists who stepped too serving his sentence. hard on its giant toes. The situation in Kenya then, and even now, is a legacy of the colonial 1. POLITICS AND TRANSITION era that left the country with little political This is a crucial time for Kenya. In two years’ experience. At independence in 1963, Ken- time President Daniel Toroitich arap Moi, who yans’ only experience of politics was what they has ruled the country since 1978 and who was had seen the colonial governor do. Hence the Vice-President from 1967, will retire and there 1960s, 1970s and 1980s in Kenya can be is no one as yet to comfortably take over from described as Fanya Fujo uone (Kiswahili – the him. As a result there is much anxiety, with the national language – for “cause trouble and you absence of the Head of State from the national see”) era. scene for even a day causing all sorts of Once the fetters were loosened in 1992 there rumours. The situation is made worse by the was a flood of magazines and newspapers on way in which the President treats his lieu- the market. But, true to its colours even then, tenants. the government retained control over electronic Moi fired his Vice-President and left him in media – an area which has since been freed. the cold for 14 months before reinstating him. However, despite the fact that licences have Even then, someone close to the President been issued, not a single station that is totally sponsored a motion of no confidence in the free from the control of the ruling clique has Vice-President in Parliament – a move that was gone on air. defeated. This can be explained in terms of the high One of the signs of anxiety over transition cost of operating a radio or television station, was the recent appointment of a team of tech- with the result that these licences are just gath- nocrats to run the civil service – with the sup- ering dust. port of the World Bank. This was followed by Even with the more relaxed atmosphere, a a Cabinet reshuffle that lumped 27 Cabinet number of journalists have ended up in jail for ministers in 15 ministries, the alleged purpose defaming judges who they accused of being being the cutting of government expenditure.

15 Owour

2. WHERE DOES THE MEDIA FIT? arraigning them in court on a charge of operat- The anxiety over Moi’s retirement has resulted ing a newspaper without executing a bond. in slow economic growth and this has impacted on the media. CONCLUSION Some media houses cannot pay salaries, How the transition is handled in Kenya and if while those still operating have had to cut oper- the economy will recover, are the two most ations drastically. important factors affecting the media. The other factor will be how firms and individuals cur- 3. ADVENT OF THE GUTTER PRESS rently holding radio and television licences put Given the high cost of operating a daily news- their prized possessions into use. paper or a radio station, a number of journalists On the other hand, electronic media owners and even back-street vendors have resorted to face major hurdles which include costly equip- operating A4-sized newsletters which thrive on ment and the fact that the state has over-invest- rumours but which are capable of dealing a ed in the area through its Kenya Broadcasting major blow to anyone they target. The govern- Corporation media giant. And a poor economy ment has reacted by arresting those gutter press means the drying up of advertising, and the editors who rub them up the wrong way and resultant collapse of media houses.

16 Obstacles and Challenges Facing the Media in Malawi

Peter Kumwenda

INTRODUCTION mainly on church issues. The situation only Since its attainment of independence from began to change in the early 1990s when along- British colonial rule in l964, Malawi has been a side other Southern African states, Malawi closed society. For the past three decades it has decided to change its politics from single party been ruled by an undemocratic, single party dictatorship to multiparty democracy. It was system of government in which citizens were this change that allowed for the introduction of, denied numerous freedoms. Among the crucial and respect for, human rights and people’s freedoms taken away from Malawians were freedoms. Freedom of the press was among the those of speech and the press; a situation that newly found freedoms and for the first time in led to a lack of pluralism in the media. the history of the country there was a prolifera- There was no television and the country tion of the press. relied on a single national radio station, with one channel, run and controlled by the govern- 1. MALAWI MEDIA TODAY ment – this comprised the electronic media. Today the situation is different. A new consti- In print media, Malawi had only one publish- tution which came into effect in May 1994 ing house, owned by the political party in after the first multiparty general elections in 30 power (then the only political party allowed to years, has incorporated a bill of rights. Free- exist by law). The party published a daily and a doms including those of expression in general weekly newspaper, both of which were effec- and the press in particular, are now constitu- tively the only national newspapers for that tionally guaranteed. A clearly noticeable plu- period. The government’s Ministry of Infor- rality in the media has been achieved. Malawi mation also published a vernacular newspaper, now has a television station, though only inau- distributed free and mainly targeting rural com- gurated early this year, and owned and con- munities. The ministry also ran a news agency, trolled by the government. It only broadcasts employing reporters throughout the country. for two hours a day, from 6 pm to 8 pm. The Without a clear distinction between the party national radio station now has two channels and the government, all the newspapers (both and four other privately owned radio stations owned by the government and the party) have been opened. The situation is more together with the national radio station served encouraging in print media. From a single pub- one purpose – to disseminate official propagan- lishing house there are now over 60 registered da. There was no alternative source of news newspapers, though only about a quarter of from within the country. these are still in circulation. There were other small publications such as those published by the church, especially the 2. ROLE OF THE MEDIA IN PROMOTING Catholic Church, but these did not have a seri- DEMOCRACY AND GOOD GOVERNANCE ous investigative and in-depth journalistic The role of the media in promoting democracy approach to political news as their focus was and good governance cannot be over-empha-

17 Kumwenda sised. In recognising the significant role of the these powerful constitutional provisions to media in the process of governance, it (the freely practice in the trade. media) has been described as the fourth arm of Another advantage of significant importance government, after the executive, the legislature in the Malawi media today is the burgeoning of and the judiciary. Thus, there are people who journalism training institutions. Whereas previ- actually see, or would like to see, the media as ously there was no journalism school in the a part of government. I join such people and country, a number of such institutions have would like to further argue that without free- now been established by both government and dom of the press, democracy is not possible. private individuals. These institutions promise The media fulfils public tasks. Besides being to improve the quality of journalism in Malawi. a reflection of events and positions, it is an Also, as a result of the incorporation of the important factor in shaping public opinion. It is Bill of Rights, another newly found freedom is a well known fact that the media throughout the freedom of association. Malawian journalists world help sway citizens towards voting for or taking advantage of this freedom have formed, against a particular leader, group of leaders or and belong to, several organisations aimed at political party during elections. protecting and advancing their profession. The media are also known – and sometimes Malawi currently has more than five journalist disliked – for investigating and exposing politi- organisations that can together challenge any cians. This is another important role because by violation of media freedom from any quarter. uncovering irregularities, investigative journal- The introduction of democracy has also ism can strongly influence the political process meant that incidences of harassment and vic- by making politicians careful in what they do timisation of journalists have considerably and encouraging the practice of transparent pol- decreased. itics. While it would be difficult if not impossible 4. OBSTACLES AND CHALLENGES FACED BY THE for citizens to know all that is happening MALAWI MEDIA around them, the media, on behalf of these citi- The obstacles facing journalism in Malawi are zens, select the necessary information and give many, but by far the largest problem is that of it out in a reduced, simplified and appealing political interference in the work of the media. form. This also goes for areas unfamiliar to Politicians currently control over 90% of average readers which have to be clarified by Malawi’s media. The sole television station is the media. state-owned and is very much under the control Democracy calls for fairness. The media help of politicians from the political party in power. bring about this fairness by levelling the play- Not surprisingly, the news content on TV ing field, providing diverse groups and move- Malawi is biased towards the ruling party. For ments with the opportunity to publicise their example, the station runs a weekly programme views, convictions and activities. called “Know your Member of Parliament”. Ever since it started last July, only MPs from 3. OPPORTUNITIES FOR MALAWI MEDIA the party in power have been featured, though What opportunities exist for the media in the present Malawi Parliament has about the Malawi to fulfil this role of promoting democ- same number of MPs on the ruling side as in racy and good governance? the opposition. As mentioned in the background to Malawi’s The national radio station is worse. On it, low media and politics, Malawi now has a constitu- key party functionaries from the ruling side are tion that allows press freedom. Section 35 of allowed to castigate their opponents and glorify the Malawi Constitution reads: “Every person the Head of State. Opposition parties are not shall have the right to freedom of expression”, allowed a similar chance, thereby denying them while Section 36 reads: the right to reply. “The press shall have the right to report and Two of the other radio stations (which are publish freely, within Malawi and abroad, privately owned) have the largest percentage of and to be accorded the fullest possible facil- their programming taken up by music and ities for access to public information.” entertainment. Another privately-owned radio Media practitioners can now take advantage of station is a religious one owned by Christians,

18 Kumwenda while the other (owned by Media Women • Lack of properly qualified and motivated Association of Malawi) only broadcasts local staff. news, serving a very small community. None of • Government favouritism when deciding in the privately-owned radio stations reach the which publication to place its advertising. whole country. The situation is not any better in • Prohibitive printing costs. the print media. Most publications still in circu- • Printers acting as censors of news. lation are owned by politicians. The few pri- • Lack of editorial independence because of vately owned ones struggle to exist and some- newspaper ownership. times even print irregularly. • Limited readership due to high illiteracy rate. And while the constitution guarantees press freedom, it has been noted that enforcement of 5.1 Lack of qualified, motivated staff this constitutional provision is not always guar- Coming from a history of the abuse of human anteed. Access to public information, for dignity, media advancement was deliberately instance, is still very difficult for Malawi jour- discouraged. For over three decades of indepen- nalists. Cases of harassment of journalists have dence, Malawi did not have any media training also not completely ceased. institutions. Journalism was only introduced at the University of Malawi in 1995. This explains 5. PROBLEMS FACED BY INDEPENDENT MEDIA why most of Malawi’s media houses are run by There is no clear definition for the term “inde- inadequately trained personnel, which in turn pendent media” in Malawi. During the first half affects the quality of journalism and harms the of this decade when pluralism in the media was profession’s credibility. just being attained, all privately-owned newspa- Journalists working for the independent pers called themselves “independent” and were media also have low morale because of low accepted as such. At that time, “media indepen- salaries, coupled with poor working conditions. dence” meant not being owned or controlled by This has given rise to the practice of “cheque the government. Publications owned by opposi- book journalism”, which has damaged the pro- tion political parties or indeed by any individual fession. politician therefore also passed for “independent newspapers”. 5.2 Government advertising The situation has changed somewhat. Media The government in Malawi has a big say in the institutions that are in any way connected to survival of the independent media. It is about politicians find it difficult to be accepted as the largest single advertiser, accounting for independent publications. Independent media in more than half of all advertising that goes into Malawi today could loosely be described as independent newspapers. Sadly, the govern- those media organisations not connected and ment has often not exercised fairness in the way influenced in their editorial decisions by politi- it gives out advertising. Most government cians from any quarter. In electronic media departments and ministries are under strict there is arguably no institution that can pass for instructions ‘“from above” not to advertise with “independent media”, especially when one con- the independent media. Advertising is instead siders that the only electronic media houses that given to newspapers known to support the rul- broadcast news are those owned by the governing party. It is particularly irksome to see that ment. some of the newspapers that benefit are not There are only a few independent media even fit to be called newspapers; their news organisations, all of them taking the form of content is poor, the design shoddy. newspaper publications. The problems specific to these media institutions are many. 5.3 Printing problems One of my greatest idols in journalism, the Prohibitive printing costs are another con- late Dingiswayo Dendeya Chirwa, summarised straint. Printing costs are so high that newspa- problems specific to the independent media in pers must depend on advertising to subsidise Malawi very well. In his paper “Problems faced the cover price, otherwise these costs would by a Malawian editor in the emerging plural have to be transferred to the reader, making the democracy”, Chirwa summarised six problems newspaper very expensive. with journalism in Malawi: Apart from high printing costs, the printing

19 Kumwenda companies do not always treat newspaper due to the structure of newspaper ownership organisations professionally. The situation is has already been discussed. When politicians such that the larger newspapers have sister own a publication, they often do not let the pro- companies that do their printing. Independent fessionals decide on the editorial direction the newspapers have to rely on either the printing publication should take. Instead, the politicians companies owned by bigger newspapers or make those decisions, more often than not dis- other printing houses, mostly belonging to the regarding editorial integrity. church. The former printing companies naturally give 5.6 Limited readership priority to their sister companies’ newspapers. Limited readership is due to the high illiteracy Under whatever circumstances, they want to rate which negatively affects sales. This should print their newspapers first, even if this means solve itself with time and as more people are delaying the printing of another newspaper that educated. came in earlier. Printing houses owned by churches are also a CONCLUSION problem. There was a case in which staff were The media indeed has a crucial role to play in ordered to stop working on a newspaper just the promotion of democracy and good gover- before midnight on a Saturday because they nance: it is, after all, considered to be the fourth were entering the Sabbath, a day on which they branch of government. Malawi is lucky in that are not supposed to work. it has the constitution on its side. It does, how- There are other smaller printing companies ever, need to work towards stopping politicians but these need much longer lead times, in some from eroding media freedom. Politicians now cases two full days to print 10 000 copies of a control the media, and this must be challenged. 12-page newspaper that is not even in colour. I have nothing against politicians or political Newspapers do not have the luxury of time like parties owning publications, but my contention magazines do. News stories need to be written is that such publications must not exist at the today and read tomorrow. expense of the independent media. If a politician wants to own a newspaper as a business, 5.4 Printers as censors of news that newspaper must compete with others fairly, Situations have also occurred where printing and should not depend on government advertis- companies want to act as censors of news. They ing which the independent media is denied. refuse to print a newspaper if it carries articles Journalists in Malawi must also strive to critical of certain personalities who, in most make news coverage more professional. As the cases, are in government. This is clearly coun- late Dingi Chirwa said: terproductive and inconsistent with the consti- “The most important thing in the never-end- tutional provision for press freedom. ing struggle to sustain media freedom is to win, and keep, the support of the public.” 5.5 Editorial independence Public support will be won by giving the public The problem of a lack of editorial independence quality journalism.

20 Obstacles and Challenges Facing the Media in South Africa

Xolisa Vapi

INTRODUCTION of the Rights of Cultural, Religious and Lin- There is something about the latter part of the guistic Communities. departing century that makes it truly Africa’s own century; that the winds of change have 1. THE ROLE OF THE MEDIA blown on its soil more than probably anywhere While the media is not a statutory body, it is, else in the world. The two most notable fea- however, looked upon by society to play a tures of this period have been de-colonisation meaningful role in a democratic dispensation and democratisation on a large scale, logically by disseminating knowledge to mass audiences culminating in the redefinition of various roles in a manner that fulfils the public’s right to of the state, its relations with citizens and the know. Because the mass media is one of the repositioning of civil society institutions in the vehicles through which the government reaches new environment. out to its citizens, it has a monopoly on infor- Notwithstanding its late entrance into the mation and any attempt to hold back such pub- new era and powered by a constitution widely lic property could easily be regarded as a viola- applauded throughout the world as one of the tion of the Constitution, which enshrines the most liberal, South Africa has democratised right of access to information. much faster over the past six years of its transi- This leaves the media with a challenge to tion than many of its African counterparts have make information available to the public, over a longer period. enabling them to be part of an ongoing initia- Through a legislative framework necessary tive to build the country and to strengthen its for change, South Africa has made commend- democracy. Government alone cannot talk to able strides to transform society by recognising its citizens, but requires a partnership with the human rights which previous white regimes media. It is important, therefore, that it net- suppressed. Such rights are enshrined in the works with influential organs of civil society Constitution’s Bill of Rights. For the purpose such as the media, so that people too can talk of this conference these include freedom of back to the government. It is equally critical expression, press and other media, freedom to that communication between the government receive and impart information and the free- and its citizens via the media and other struc- dom of artistic creativity. tures is not a one-way street, with the public The Constitution also established Chapter being bombarded with what authorities say and Nine independent state institutions to support, what the media chooses to broadcast or write. protect and strengthen constitutional democra- In the same breath, I do not buy the idea that cy. These include the Public Protector, the the media is the voice of the people, because Human Rights Commission, the Commission people don’t have the means to own the media. for Gender Equality, the Auditor General, a People are their own voice and their propagan- permanent Electoral Commission, and the da matters more in a democratic environment, Commission for the Promotion and Protection however important what authorities and opin-

21 Vapi ion makers say. For democracy to be deepened can we guard against personality cult and exag- – with people as active participants – the means gerated hero-worship. However, this does not of communication have to be diversified so that mean that we should not give credit to people society’s many colours can be reflected. when it is due, but to go an extra mile to put Criticism has been voiced in South Africa such people on par with democracy is a danger- that while the rest of the society is transform- ous fallacy that defies logic. Yes, Mandela is ing, the media is not; and the fact that the bulk the hero of our democracy and he governed of it is still in white hands makes it ill-suited to very well during his five-year term, but he him- make any meaningful contribution to the un- self is not democracy. folding democratic process. Mandela said repeatedly that he did not “do it alone”, but the media continued to see him as a 2. THE MEDIA HAS FAILED saint, to the extent that they even coined the Six years into South Africa’s democracy, we phrase “Madiba magic”, regarded as a panacea can pause for a moment and ask: Have the to South Africa’s problems. Things would be media behaved in a way that has advanced worse when, for example, Mandela suffered democracy or frustrated it? Have we as media from flu, with the media immediately insinuat- representatives exercised our social responsibil- ing that Mandela – Mr Democracy – was sick, ity to promote a culture of human rights and triggering negative sentiments from the world’s democracy or have we just stood by and financial markets, casting doubts on the future watched like we did in the past? survival of South Africa’s democracy without The most popular answer to this question is Mandela. By the time the Asian crisis hit South that we have failed. We are said to have fallen Africa, the media had already done its share of into the habit of using our newly acquired press damage to the rand. freedom to spread public despair – that things Madiba has stepped down and the “when- are not as rosy as they were in the past. Instead Mandela-goes” factor has suddenly escaped the of promoting democracy, we are accused of media’s mind, with all eyes now on his succes- having focused on threats to it, contributing to sor, Thabo Mbeki. Three months have lapsed the low public morale and a lack of confidence since Mbeki took over and he has not used the in elected leaders and democratic institutions. African National Congress’ (ANC’s) two-thirds During the first five years of our transforma- majority that the press is suddenly obsessed tion, the media did disservice to South Africa’s with, keeping the press guessing how this man democracy by personalising it around one fig- they often describe as “enigmatic” intends to ure whose departure from the political scene, govern. the press said, would be a test case for the country’s young democracy. This was Nelson 3. DOING ITS JOB Mandela whom the media portrayed as democ- The media must have learnt over the first five racy himself, resulting in public fear that our years of our transition that democracy is not democracy could fall apart when he stepped about individuals, but people and issues affect- down as president. Madiba stepped down with- ing them. Its job is to safeguard democracy by out one institution of democracy crumbling, keeping a watchful eye on abuse of power, cor- exposing the media’s professional and ethical ruption, incompetence and nepotism. In my bankruptcy which had created unnecessary pub- opinion the media is still on a learning curve lic panic. Yet the principles and institutions with a few successes. However, those critical of safeguarding such democracy are in place and the media say we have a whimsical agenda to working. It is about time the media in Africa the freedom of the press to frustrate change. stopped building personality cults around Yes, the media enjoys many privileges it did democracy. not have in the past, but I must argue that as Mandela is a hero of democracy, and his role long as Section 205 of the Criminal Procedures in bringing about democracy cannot be under- Act requiring journalists to disclose their estimated, but he himself is not necessarily sources exists, the media is not free. The media democracy. Only through promotion of the has been waiting for far too long for the Open principles underpinning democracy and the Democracy legislation, which we hope will go strengthening of institutions safeguarding it, a long way in protecting whistle-blowers on

22 Vapi corruption, nepotism, financial mismanagement their perceived failure to win the fight against and abuse of power – either in government or in crime is being put at the doors of the new polit- the private sector. Being expected to disclose ical leadership by the mainstream media, which one’s sources in a court of law hinders the stood watching in silence when apartheid press’s ability to exercise its watchdog func- troops were kilometres deep in Angola, when tion. Leaks and whistle-blowers are functional freedom fighters were being literally roasted to democracy. and their ashes thrown in rivers to destroy evidence. 4. THE FOURTH ESTATE? The same media now style themselves as The South African media faces the enormous independent and free, and have the audacity to challenge of not being trusted by the public on criticise and frustrate the transformation agenda whose behalf it claims to be playing a “fourth of a government which freed it from the shack- estate” role. The media in advanced democra- les of apartheid censorship, behind whose veil cies like the United States (US) is regarded as it hid when white South Africa was destabilis- the “fourth branch of government,” providing ing its neighbours and killing its black oppo- information that the people need to make sense nents. of public problems. At issue, it seems, is our perceived dodgy James Fallows writes in his book Breaking past which we have failed to admit by our per- the News: ceived reluctance to transform, especially the “But far from making it easier to cope with white-owned media. We seem to cry “indepen- public challenges, the press often makes it dence, freedom of the press” at the mere men- harder. By choosing to present public life as tion of the word transformation of the media, a contest among scheming political leaders, yet still regarding ourselves suited to play a all of whom the public should view with supportive role in the democratisation of our suspicion, the press helps bring about that country. The most severe criticism of the press result. has come from ex-president Nelson Mandela. While creating new obstacles for While stepping down as ANC president in 1997 American politics, today’s media has also he said: put itself in an impossible position. It “. . . the media exploits the dominant posi- increasingly presents life mainly as a tions it achieved as a result of the apartheid depressing spectacle, rather than as a vital system, to campaign against both real activity in which citizens can and should be change and the real agents of change. In this engaged. The implied message of this context, it also takes advantage of the fact approach is that people will pay attention to that, thanks to the decades of repression and public affairs only if politics can be made as prohibition of a mass media genuinely rep- interesting as the other entertainment avail- resentative of the voice of the majority of able to them, from celebrity scandals to the people of South Africa, this majority has human melodramas featured on daytime no choice but to rely for information and talk programmes.” communication on a media representing the Instead of being a partner in the nation-building privileged minority. project, the South African media are said to To protect its own privileged positions, have positioned themselves against change, which are a continuation of apartheid lega- with a particular focus on crime and corruption cy, the media does not hesitate to denounce as some of the main weaknesses of a black gov- all efforts to ensure its own transformation ernment, implying that such anomalies were not consistent with the objectives of a non- there in the past. Using press freedom, the racial democracy, as an attack on press free- media are perceived to have suddenly become dom.” myopic in their projection of the image of the Of course, Madiba had a point, but he found democratic government which it accuses of refuge in gross generalisations, disregarding failing to curtail crime. The government’s some of the changes that the media have gone response is that it has inherited a police force through. He should have understood that diver- not trained to fright crime, but to fuel political sifying media ownership would not happen violence and to brutalise freedom fighters. Now overnight. Like South Africa’s judiciary whose

23 Vapi transformation is in line with the current demo- of reading culture among blacks. An All Media cratic thinking, it has been as difficult as that of Products Survey showed in 1995 that black diversifying media ownership and content. The readership of newspapers has declined steadily. press is still struggling to re-position itself in The majority of black people just do not care the changed environment. This makes it diffi- to read. This does not augur well for the build- cult to assess its role in promoting democracy. ing of democracy and flies in the face of the However, its slow pace of change does not nec- commitment of black editors who continue to essarily disqualify it from playing a meaningful be appointed since 1994 to head influential role in the development of South Africa and in black titles, only to be met by a disturbing lack the advancement of its democracy. But the of a reading culture in black communities. This question of media ownership continues to dom- trend has dashed hopes that the new entrants in inate the debate; whether it can be trusted in its black readership will ever increase their circu- chosen path of facilitating and promoting lation, with many reported to be a loss. democracy. There seems to be consensus that, These new editors have been saddled with the unless its ownership is diversified to reflect the social responsibility of uplifting previously dis- country’s population demographics, the medi- advantaged communities through the media in a’s role in the democratic era will remain in support of democratic efforts to create a united question. nation, yet their white counterparts – and they are many – are left alone to appeal to their 5. LACK OF READING CULTURE white niches to continue protecting white inter- In trying to acquire a new look in line with the ests against what they see as an onslaught of democratic culture, the South African media affirmative action and employment equity has to contend with serious other competing introduced with the ushering in of democracy. interests if it hopes to remain in business. This Whites could be forgiven for their ignorance of is more important for the independent media, what democracy has brought for them as many the bulk of which is print. The print media of them did not fight for it anyway, but for the faces the enormous challenge of balancing its majority of black people to care less about pub- social responsibility to inform society with its lic affairs is something that we need to chal- commercial interests, which are its life-blood. lenge. Maybe it is about time the media took an For any newspaper to remain in business, it inward look and asked what it is doing to must target readers whom advertisers can make deserve such dislike by people it targets as business with. There must be a point where audiences. readers’ and advertisers’ interests merge. Most newspapers which were positioned for white CONCLUSION readers in the past are now targeting the so- Common among readers both black and white, called previously disadvantaged communities is their apparent disdain for politics. What sells in a patriotic gesture to embrace the democratic newspapers are sex scandals, rape, entertain- dispensation. They are doing their utmost to ment, competitions, business, arts, money, sport attract advertisers with all sorts of promotion and more sport. Surely these tastes – with the and advertising campaigns, but the disappoint- exception of sport and business – have nothing ing readership figures coming from our black to do with developing democracy. A study by communities have put paid to these newspa- Project for Excellence in Journalism in the US pers’ chosen objectives to uplift communities has found that over the past two decades, the previously ignored by the media. mainstream news media have shifted their cov- Neil Bierbaum writes in the Mail and Guard- erage towards lifestyle, celebrity and entertain- ian that: ment. It found that: “Newspapers are finding it difficult to build “Although entertainment comes nowhere black readership in the new South Africa. near to dominating the traditional news Despite the demand by advertisers to reach package, there has been a measurable shift the powerful black market, newspapers in the emphasis of stories towards lifestyle. seem unable to deliver.” The number of stories about government In my view, I do not think it is a question of dropped by 38% from 1977 to 1997, from newspapers not delivering, but a sickening lack one in three stories to one in five.”

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Given that this shift is already noticeable in We are in urgent need of a major reform to pre- South Africa, the deepening of our democracy vent the imminent shift away from our core val- faces imminent danger because media audi- ues which threaten to undermine our credibility ences have suddenly become too lazy to read. and the sustainability of our democratic institu- This leaves a big question: how is the media tions. The sooner this reform takes place, the to promote democracy if democracy itself is the better for the media and democracy – lest we all least of the things readers want to know about? become show-bizz journalists.

25 Obstacles and Challenges Facing the Media in Tanzania

Matilda Kasanga

INTRODUCTION nal competition and challenges within the Before 1992, when multiparty politics was media industry in Tanzania have accelerated introduced in Tanzania, the media industry was positive changes for the benefit of the public. predominantly owned and controlled by the As numerous publications appear on the mar- state. The sole ruling party, Chama Cha Mapin- ket, many others have suffered natural deaths. duzi (CCM) or Party for Revolution used the (This is not to count unregistered newspapers.) media as its organ and agent to accomplish The electronic media has also attracted an intended goals. overwhelming number of private entrepreneurs. The media was severely limited and shaped At present, there are more than 15 privately by legal and legislative constraints too. Issues owned television stations and about seven pri- of public interest were tucked away in the vate radio stations, compared with only one murky recesses of the state bureaucracy. state-owned radio station that existed in the The available media served the purposes of past. A national television station, which has the party-state. These were the government- been on the drawing board for the past five owned radio and television stations: Radio years, will soon be on air. Tanzania Dar es Salaam, Sauti Ya Tanzania, Rapid growth and stability of the media Zanzibar, and Zanzibar Television. industry in Tanzania underscores the impor- Government newspapers included the Daily tance of press freedom, consolidating journal- News and Sunday News, and Uhuru and ism as a profession. Mzalendo which were basically party-owned For example, the number of journalists in the newspapers. print and electronic media has increased from 230 in 1991 to over 2000 today, the majority of 1. THE MEDIA IN TANZANIA TODAY whom are freelance reporters. The birth in Tanzania of private newspapers, Save for a few professional shortcomings, private radio stations and television stations, the overall behaviour and performance of the during transition to multiparty politics in 1992, media is positive and beneficial to the commu- marked the beginning of dramatic changes with nity in which we live. regard to the role of the media. It is common knowledge that the people of Liberalisation of the press – contrary to the Tanzania now have a forum to discuss issues, previous government monopoly at the climax exchange ideas, as well as to criticise the gov- of the one-party era – has opened a new chapter ernment and other state bodies and institutions. of press freedom in the country. Above all, the people have a forum through Currently, there are over 10 daily newspa- which they can be educated. New ideas about pers, about 24 weeklies and more than 50 problems and opportunities surrounding them monthly newspapers and magazines. The can be sought, as well as how best to work for majority of these publications are owned and the creation of a stable and sustainable socio- controlled by private investors. However, inter- economic structure for the nation.

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Today, more than ever before, Tanzanians absence – and to what extent – in a particular are free and able to expose injustice and mal- situation. practice in society and to operate in a transpar- The way in which these rules are applied by ent manner using transparent methods. the political authorities depends largely on the Despite the fact that Tanzania has for the past political situation existing. A state (govern- 10 years witnessed the mushrooming of the ment) which feels itself threatened tends to print and electronic media, members of the apply stringent rules to control the media, and a media fraternity believe that much still remains more popular regime allows the media much to be done for the media to perform its ideal job. leeway, if only to help check the behaviour of At this juncture we are asking ourselves: has erring bureaucrats. the multiplication of TV stations, FM radio The media is in this sense the handmaid of channels and the increase of newspapers served politics (if there is little freedom) or a checking the interests of the public? Are the voices of the instrument (if there is considerable freedom in a ordinary people and those working in the media particular situation). heard? Who owns the media and whose inter- In Tanzania, there are three significant ests do they serve? And what are the implica- groups of newspapers. The largest group by far tions of these developments in Tanzanian soci- is the Guardian group, which is part of the ety? How is the legal framework shaping the media division of the IPP group of companies. media industry in Tanzania? This paper will It owns 10 newspapers and controls a radio sta- attempt to answer these questions. tion and a television station, each with two channels. 2. POLITICS AND INDEPENDENT MEDIA IN The Habari Corporation owns five newspa- TANZANIA pers (of which two are weeklies, and one an Before we go into detail on the role of the English-language tabloid), while the third is the media in promoting democracy and good gov- Business Times group. It has one major nation- ernance, perhaps we should first define politics al language daily, a major business weekly and itself. an afternoon tabloid along with two satirical Philosophers define politics in different dailies and weeklies. ways, but in their diversity they arrive at the Each group has its own orientation and edito- conclusion that politics is about affairs of the rial policy, and their outlooks are now generally state. Politics is therefore a science dealing with understood by the reading public. Habari the organisation and harmonisation of power. Corporation, for example, is pro-ruling party But because people have different views on (CCM) using a critical approach, while the how to organise and harmonise power, they Business Times group is strongly independent, tend to organise themselves into political par- free and market oriented. Its leading title – the ties which in turn organise themselves and rather bulky tabloid Majira – is a strong daily begin contesting for power. newspaper, the content of which is keenly sym- There is a close relationship between politics pathetic to the opposition. and media. Politics can only express itself But experience shows that Majira is not pro- through the media, while the media always opposition for political persuasion. Rather it operates within a political environment. gives prominence to individuals (such as ex- This environment sets the rules and defines Home Affairs Minister Augustine Mrema, now the parameters of media action at an individual an opposition leader) so as to keep the sales of level as well as at the collective or institutional the paper high. level. It is this political environment which The Guardian group of newspapers gives the determines what a reporter or a writer can do. impression of being a low-key supporter, and At the institutional level the political environ- also a timid critic of the government. ment determines what a newspaper can publish On balance there is a positive relationship or what programmes a radio or television sta- between the government and the entire inde- tion can air. pendent media, and conflicts have tended to be These rules and parameters constitute the isolated rather than systematic. Several cases of essential framework which determines the serious conflict have, however, been recorded. nature of media freedom; its presence or In 1995, for example, Majira revealed a deal to

28 Kasanga mortgage a part of the gold reserves of the cen- Democracy is enhanced when the media com- tral bank to guarantee payment for the purchase prises practitioners who have concern for de- of a radar for the military. The government cency and uphold democratic ideals. The role sought to close the paper, but later retreated. of such media is to promote democracy by Dar es Salaam Television (DTV), an inde- advocating equal access to resources and ser- pendent TV station, infuriated the authorities in vices for every individual, fighting and crusad- October 1995 by airing results of the Zanzibar ing for justice and fair play for all members of presidential election without “cross-checking” society. The simplest and most profound defini- with the National Electoral Commission. DTV tion of democracy was made by 19th century announced that the opposition party – the Civic United States President Abraham Lincoln: United Front (CUF) – had won the election “Democracy is the government of the peo- while the electoral commission declared that it ple, by the people and for the people” had lost by a small margin. The station was In this regards, the centre of the democratisa- fined about US$1200 for being unethical. tion process and efforts must therefore be the No huge conflict has arisen with Habari people themselves. Corporation or with the Guardian group, The media has to fight for political freedom though numerous scandals have been revealed that allows freedom of conscience, whereby cit- by these newspapers, as well as by the govern- izens can do what they wish within the limita- ment daily, the Daily News. tions of just laws and reasonable societal para- Only when a scandal proves devitalising does meters. This extends to meaningful participa- the government move to act. Routine exposés, tion in the management of the community, hav- however, sometimes even assist the governing a say in the adoption of policies and regula- ment in justifying an intention to act; such as tions and being able to vote, and be voted, into retiring presumably corrupt civil servants in the office. public interest, without having to prosecute For the media to play such a role is not a sim- them. ple task, because crusading for democracy requires organising civil society and empower- 3. THE ROLE OF THE MEDIA IN PROMOTING ing it to speak with a degree of unanimity. The DEMOCRACY AND GOOD GOVERNANCE media must, in collaboration with other sectors Democracy functions best when people have of society, educate the people about their rights information in a form they can examine and and duties, thereby empowering them to hold ponder. In a democratic society, good gover- government accountable to democratic values. nance entails both transparency and account- The media must play this role because civil ability. Where there is transparency, there is society in most African countries, including also a firm foundation for accountability. It is Tanzania, remains too weak to perform the task the mass media that undertakes the duty of of reinforcing democratic constitutional searching for information so that it can inform reforms and promoting civic education. the public of what the government is doing. It is a prerequisite for the media to play the The people can only form correct and reason- role of enhancing democracy and good gover- able ideas about their government and how it is nance in any given state. For it to play such a running public affairs if the mass media is giv- role, it needs a legal environment that is con- ing them the correct facts and a balanced ducive to facilitating the achievement of this reportage of events. However, if the media has goal. By a conducive legal environment we no access to information, it will end up report- mean constitutional provisions for an indepen- ing rumour and incorrect facts. dent press and freedom of information. When this has happened the misinformed In order for the media to promote democracy public forms misinformed views of their gov- and good governance there must also be politi- ernment. As James Medson observed: cal will and a clear understanding that democra- “A popular government without popular cy is dependent on people’s consent. information, or a means of acquiring it, is but a prologue to a farce or a tragedy or per- 4. MEDIA REGULATORY FRAMEWORK IN haps both. Knowledge will forever govern TANZANIA ignorance.” Although Tanzania has in place both statutory

29 Kasanga and constitutional provisions providing for sev- deemed “classified” material. The above Act of eral diverse aspects of the media industry, the Parliament is used by politicians and civil ser- same constitution and legal order does not vants alike to bar journalists and other media expressly provide for and guarantee a free and practitioners from accessing information. It is independent media. actually used to “starve the public of informa- The existing laws are restrictive and oppres- tion”. sive to media activities. The draconian laws Another law which inhibits freedom of the instill fear in media practitioners and compel press in Tanzania is the Newspaper Act of them to self-censorship. 1976. This Act gives the president wide discre- Article 18 of the Constitution of the United tionary powers that violate basic rights and Republic of Tanzania provides that: freedoms. For example, the president is given “Without prejudice to the laws of the land, the power to prohibit the importation of a publi- every person has the right to freedom of cation if he believes that its importation would opinion and expression, and to seek, receive be contrary to the public interest. and impart or disseminate information and Section 5(2) empowers the minister responsi- ideas through any media regardless of ble for information to exclude any newspaper national frontiers, and also has the right to or class of newspaper from publishing. Such freedom from interference,with his or her powers are either absolute or subject to condi- communication.” tions as the minister may deem fit. It is clear from this provision that the freedom Similarly, the minister as per section 25 may to have ideas and to express them can best be prohibit publication of a newspaper, and it is an realised through freely established and operated offence if any person sells, prints and distrib- media organs. Article 18(2) states further that: utes after such prohibition. “Every citizen has the right to be informed The Broadcasting Service Act, 1993 is anoth- at all times of various events in the country er piece of legislation governing the media and in the world at large which are of industry in Tanzania. It makes provision for the importance to the lives of people and activi- management and regulation of broadcasting as ties of the people and also of issues of well as for other matters related to it. importance to society.” The Act establishes the Tanzania Broad- Therefore, just as the right to freedom of casting Commission which has several func- expression, the right to be informed is a right tions in controlling all forms of media. The that can only be realised if the media exists and commission, under section 6(1), issues broad- operates freely. In fact, the concept of democra- casting licences and regulates and supervises cy is incomplete if it lacks the element of free broadcasting activities. media. It is also responsible for the standardisation, These rights are, however, dead letters inso- planning and management of the frequency far as the same constitution lacks a correspond- spectrum, limiting the number of hours per day ing provision imposing upon the state, a duty to to the community-based broadcasters. give the media access to information. For Section 11(3) gives the commission a man- example, the National Security Act of 1970 date to attach conditions to the licence in rela- states that it is an offence to “communicate tion to frequencies that may be used, geograph- classified matters to an unauthorised person, or ical locations and that the broadcaster is obliged to approach, inspect or enter a protected place to broadcast, or not to broadcast, as may be for any purpose prejudicial to the safety or required for public interest. interests of the United Republic of Tanzania”. These and many other media laws continue to It is disturbing to note that there is no law hamper the free flow of information in Tanza- stipulating what “classified” material is, and nia. The laws make serious inroads to press what protected areas are. freedom while placing journalists in a dilemma. In fact, according to the existing Civil Apart from the legal limitations, the media – Service Standing orders, there is no clear particularly the independent media in Tanzania demarcation as to what constitutes a classified – faces a number of obstacles and challenges in document and, as a result, even a letter of trans- fulfiling its function of informing, educating fer from one department to another can be and entertaining.

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4.1 Public access to mass media the case of electronic media. It can be correctly Although Tanzania enjoys a robust press, it is argued here that in such a situation the media not yet in a position to claim that the public has cannot be an effective watchdog for the public. easy access to mass media. There are many rea- As a Tanzanian High Court Judge, David Mwa- sons why the public still finds it difficult to lusanya (1994), said: express itself through the press. The major rea- “Media concentration in big companies or son is that most independent media institutions foreign ownership poses many dangers simi- in Tanzania have a weak capital base. Lack of lar to those of government-controlled media. sufficient capital inhibits the capacity of vari- There is a potential danger for a decline in ous media institutions to produce sufficient the level, range and quality of debate on media products and to make them available to issues of legitimate public interest.” consumers. As a result, the circulation of major Other problems facing the private media in newspapers has yet to cross the 100 000 mark Tanzania include a lack of modern working and very few extend into the rural countryside. tools and a weak capital and commercial base, There is therefore little space in print media – resulting in the collapse of a number of news- and similarly little air time in electronic media papers. Most independent media institutions in – that could be accessed by the general public Tanzania also exist under fragile managerial for any nationwide debate. systems. They do not have clear organisational structures or schemes of service and most of the 4.2 Lack of independence in the coverage of owners of these media institutions do not accept news and editorial policies trade unionism and are therefore able to intimi- The ownership patterns of the media agencies date their workers. in Tanzania reveal that some government leaders own shares in several of the media houses. CONCLUSION Such government officials use their positions as This paper has attempted to explain the state of publishers and media executives to control the the media in Tanzania before and after multimedia and to censor the news. They sometimes party politics, the legal framework in which the influence the editorial policies of those media media operates in the country, and the role of houses. Many print or electronic media stories the media in promoting democracy. are not necessarily the media professionals’ We found that the task of creating an own ideas. The “news” coming from these informed society and shaping all institutions of newsrooms is often nothing more than orders society in respect to the realisation of democra- from the owners or their friends in the circles of cy, rests with the media. For it to fulfil this power. There are a few cases in which media function, there is a need for a guarantee of the executives have standing instructions never to right to collect and disseminate information write or air an item that is “critical”. without control by the state. Professionals themselves can do the job through their associa- 4.3 Emergence of the media monopolies and tions and press clubs. concentration Without access to information about govern- For the past five years Tanzania has witnessed ment decision making, the public cannot partic- a new trend of media monopolies and concen- ipate effectively in the democratic process. In tration. The tight grip of the big media corpora- order to maintain the free flow of information, tions is having a dramatic impact both on the any restriction should therefore be removed. actual work of journalists, and on the range, Tanzania and other countries can learn from choice and quality of the media. the US Congress which in 1966 passed the There is a fear among media professionals in Freedom of Information Act, giving reporters Tanzania that media monopolies and concentra- the right of access to information related to tion is posing a threat to media freedom. government performance. By law, journalists These media giants are likely to control the can demand to see government records. For us flow of information, thus determining what in Africa, this is not an easy task, but we need should or should not be published – or aired, in to fight until we win.

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REFERENCE

KILIMWIKO, LAWRENCE, (1998): State of the KONRAD ADENAUER FOUNDATION, (1998): media in Tanzania. Nairobi. Towards press freedom. Harare. MVUNGI, SENDORO, (1995): Media and law in LANCASTER, CAROL: Democracy in Africa in Tanzania. Dar es Salaam. Foreign Policy, no.85 KEAN, J, (1991): The media and democracy. RWEYEMAMU, ROBERT, (1996): Legal con- Cambridge, London. straints on the freedom of information. Dar es AFRICA COUNCIL FOR COMMUNICATION, (1997): Salaam. Africa media review 1997, Vol.9 & 11.

32 Obstacles and Challenges Facing the Media in Uganda

Tom Gawaya-Tegulle

1. THE MEDIA, DEMOCRACY AND GOOD els. It comprises the mechanisms, processes GOVERNANCE and institutions through which citizens and Some things are best defined by simply naming groups articulate their interests, exercise their what they comprise and encompass. For me legal rights, meet their obligations and mediate this is the case with democracy and good gov- their differences. Good governance is when this ernance. This paper will discuss not what these authority is exercised appropriately and is are, but when they exist. translated into the realisation of society’s aspirations. 1.1 Democracy Good governance may be built or induced by Democracy is when one has a government by individuals, but it is ultimately government run consent, not just tolerance (and not the type of by institutions. It is not so much the brilliance “consent” achieved by putting a gun to peo- of individuals, as it is the beauty, indispensabil- ple’s heads). It is when people take their des- ity and desirability of institutions. It is hard to tiny into their own hands, by regularly electing divorce democracy from good governance, leaders whose agendas embody the aspirations because the two concepts are closely related. of the electorate. In its ideal form, democracy is the first step Democracy is when people decide who to, and the basis of, good governance. Ideal should govern them, and how. It is people democracy ensures equality; a level playing entrusting society’s resources – wealth, power field in the acquisition of power. It gives all and prestige – with a political group whose people or parties equal chance to compete, policies indicate that they will distribute these even if not to win. resources to best fulfil the present and future Democracy is more than just an ideology or needs and dreams of the electorate. process. It is a promise that is actualised by Democracy is when the people run the show good governance. When the off-shoots, the and the politicians are no more than servants. It excesses of democracy begin to bite, then good is when one has leaders, not rulers. governance comes in handy. Democracy is when the law is used to prose- The obsession with majorities, for example, cute, rather than persecute. Democracy is when is one of the greatest flaws of democracy. That people run to the army, not from the army, is when good governance becomes distinct. For because it is their army. It is when the army good governance is when what is good and takes orders from parliament, for the latter is right is upheld; even when the majority do not the people’s representative. think so. The dictates of good governance prevent democracy from degenerating into a dicta- 1.2 Good governance torship by the majority. When something is Governance per se is the exercise of political, lawful but unfair or wrong, when something is economic and administrative authority to man- very much democratic but dangerous altogether age a country’s affairs and resources at all lev- for the nation, when the democratic process is

33 Gawaya-Tegulle not all accommodative and fulfiling, then it is establishment where kinsmen lock others out time for good governance to take charge. and forever wine and dine on the country’s In any case, the test for democracy is not just resources. Complaint and protest are illegal, as in the ability to hold elections, but in fairness is knowing too much or saying it out loud. and the building of institutions that foster and Secondly, there is insistence on over-staying sustain society’s aspirations. That is something in power. Whoever gets in locks all others out. that is best ensured by good governance. They alter constitutions to suit their ambitions The democracy-is-not-necessarily-good gov- of staying in power till death do them part. The ernance paradox can be best illustrated by a problem is that death is never near enough for close look at Ugandan politics. Uganda most such folk. Incumbents consolidate themselves certainly is democratic; but it lacks good gover- also by building armies answerable to the presi- nance. It is for this reason that many people dent and not the government or legislature. label the Museveni administration a dictator- Whenever elections are round the corner, a del- ship. egation of elders from various parts and parties of the country, visit State House and ask the 1.3 Characteristics of good governance number one citizen to “kindly” stay in power; • Acceptability of government by the people. that the president’s leadership is the best thing Strong legal frameworks where the law is that ever happened to the nation and for the fair, reigns supreme and is enforced impar- good of the country, will he please kindly tially to keep society’s aspirations alive and accept another term of office. to uphold the dignity of human beings. The next thing one hears is a press release Transparency is built on the free flow of from the presidential press unit that: “His excel- information. Institutions and information are lency has most reluctantly accepted to run for directly accessible to those concerned with another term of office due to public demand.” them and enough information is provided to The entire government revolves around one understand and monitor them. man. Nothing is too trivial for his attention and • Responsiveness to public opinion. all else is too big for his subordinates. • Participation by everyone in governance and Constitutions are designed to confine power in the making of laws. Freedom of speech, to some and shut out the rest. The laws that we press and association are basic ingredients for have, in view of ideal democracy, effectively this. criminalise themselves. Instruments of power • Consensus orientation: mediation of different are selfishly designed. Dictatorships are consol- interests to reach a broad consensus on what idated by weak institutional frameworks that is best for the nation. concentrate power in the hands of a few indi- • Equity of opportunity. viduals and thereby legalise despotism. This is • Effectiveness and efficiency of processes and a hypothesis verified almost everywhere, every- institutions; delivering and making the best day in Africa. use of resources. Thirdly, there is almost always inefficiency, • Accountability: when leaders are answerable as the focus is on how to stay in power forever to the electorate for their plans and actions. and amass as much as they can. In such cases • Strategic vision: an effective, people-friendly there is no articulation of national interest. The and corporate vision for the nation, one that aspirations of the people are placed low on the outlives governments and crises. priority list – if they feature at all. They do not actualise the aspirations of their people – how 2. WHY SHOULD THE MEDIA DEVOTE SPECIAL they should be governed, live as a society, pro- ATTENTION TO GOOD GOVERNANCE? tection of rights, liberties and freedoms. Our 2.1 The nature of African politics politicians must therefore be watched closely. Firstly, Africa’s past and present defines its politicians not as servants and stewards of soci- 2.2 The illiteracy of the masses ety’s resources, but largely as manipulators of The majority of African people do not have the the masses. What we see is largely “politics of time or the ability to analyse and interpret polit- eating”: the average African president is a king ical trends. They rely on journalists to do this presiding over a government that is a tribal for them. Politicians will always talk the talk,

34 Gawaya-Tegulle but rarely do they walk the walk. As long as In 1967, Obote introduced the “pigeon hole” power is democratised, we shall always have constitution which gave the president sweeping armed conflict – look at Sudan, Uganda, powers. Numerous deterrent detentions without Somalia, the DRC, South Africa . . . the list trial ensued. The mood in the country was that goes on. It is the duty of the media to jealously if the Kabaka could be deposed, the constitu- guard democracy and good governance, so as to tion changed and five ministers detained, who keep society intact. were you to talk against the mastermind of all this? Timidity set in and the Ugandan media 2.3 Africa’s new political dispensation started on a fast track down the sewers. Even Keen political observers should have noticed by journalists became party activists – operatives now that modern dictatorships are no longer of of the ruling Uganda People’s Congress (UPC). the Idi Amin, Mobutu Sese Seko and Kamuzu There were no schools of journalism. One Banda type, where the muzzle of the gun dictat- had to go to Britain or learn on the job – learned terms. ing by making mistakes. But many did not live What we see today is a more subtle form of long enough to make enough mistakes to learn dictatorship where the gun is largely silent: i.e., sufficiently to make the grade. dictatorship through democracy. Idi Amin’s take over in 1971 made a bad sit- Governments are created by crafty individu- uation even worse. The Argus was nationalised als and consolidated or sustained by weak and in December 1972 after the expulsion of the lopsided institutional and legal frameworks. Asians. It became the Voice of Uganda (VOU), The clear constitutions are carefully crafted to a department of the Ministry of Information, articulate the whims of the incumbent. Every with the ministry’s under-secretary as adminis- protest is met by a calm and polite: “It is consti- trator. VOU became part of the political system tutional”. and took on a purely propagandist identity. It is the task of the media, with insightful In Idi Amin’s regime one could not say any- analysis, to regulate such excesses so as to thing other than what the regime wanted to shape public opinion and government policy, hear. Like every other dictatorship, Amin’s by pointing out what is right and best for the government was built and revolved around nation. himself. For eight years – the longest eight years in 3. HISTORY OF THE UGANDAN MEDIA the country’s history – Uganda was in the The print media in Uganda was set up at the hands of a megalomaniac whose word was the start of the 19th century, while the electronic law and whose dreams, hallucinations and media was established in the 1950s. It has fol- mood swings determined and shaped govern- lowed a troubled path ever since. The first laws ment policy. If Idi Amin did not feature on the limiting press freedom came in 1910. There front page, editors would be summoned to was virtually no press freedom worth talking explain why. about from independence in 1962 to 1986. Maliyamungu, Idi Amin’s hatchetman, was At independence in October 1962, the future always nearby to pose unpleasant questions to of the media looked rosy. The leading daily – the unfortunate editor: “What issue was so Uganda Argus, owned by Lonrho – had a circu- important that it could eclipse the life presi- lation of over 120 000 copies. People were rich- dent? And just who do you think you are, to er and there was very good transport so papers disregard the man whom God has so meticu- reached the whole country. lously chosen to lead this great country? Do Between 1962 and 1966, a reasonable degree you think we do not know you are an Obote of press freedom existed until the Mengo crisis apologist? Did you think you were going to get in 1966 when Obote, then Executive Prime away with it? Watch out, bwana, we are watch- Minister, toppled President Kabaka (King) ing. And when we finally decide to deal with Edward Mutesa II, abrogated the 1962 Consti- you, you will see.” tution and declared Uganda a republic with himself as President. Obote’s idea of the presi- 3.1 When Amin “raped” Nyerere dency was that the first citizen controlled In early 1975, a typing error nearly cost the edi- everything. tor of the VOU his life: “Life President, VSO,

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CBE, VC, etc, Idi Amin yesterday raped In 1991, even the electronic media was liber- President Julius Nyerere of Tanzania,” began alised in a wave of liberalisation engineered by the lead story. What the story actually meant to the World Bank and the International Monetary say was that Amin had rapped his enemy, Fund (IMF). But the introduction of the Mass Julius Nyerere, over something or other. No Communication degree at Makerere University, harm meant, no malice aforethought. the improvement of the Uganda Management Ironically and unfortunately, this scandal Institute School of Journalism and a general came in the wake of Idi Amin’s regular declara- media revival basking in the new found free- tions that if Nyerere were a woman, he (Amin) dom, produced amazing results. would have married him (her?). The conclusion For the first time, the Ugandan media started was therefore obvious: His Excellency had at taking the ideal path. Newspapers started delv- long last made good his word. ing into analysis of political issues. Corruption The editor, Ilakut Ben Bella, was picked from was exposed, in most cases involving high his bed early in the morning, as soon as the ranking government officials and resulting in paper hit the streets. He was tortured in the many resignations. President’s office but later released. Knowing Although the press in particular has never Amin’s pattern of releasing his “prey”, only to really recovered in terms of circulation to the kill them later when all was thought safe, Ben level it was at at independence (combined cir- Bella fled to Kenya (on foot). culation does not reach 120 000), Uganda today Army officers would wait patiently for erring has a wider media spectrum. There is more journalists. Even if one had spent the whole day freedom and better quality reporting and analy- in the field, one would find them waiting back sis of issues, as well as a relatively wide lati- at the office. And then ... the crocodiles of the tude in which to operate. Nile River are in a better position to complete But the media was rowing against a mighty this story. Many journalists jumped ship, flee- tide: with time, the new found media vitality ing the country and/or the profession. began to be seen as a danger to the political The return of Milton Obote, following “liber- establishment of the day. The crisis then began. ation” by a combined force of Ugandan dissi- dents and the Tanzanian army, was expected to 4. OBSTACLES FACED BY THE UGANDAN PRESS restore the country to sanity, but it failed to 4.1 Intimidation by the state impress. The situation of abuse against journal- The collapse of Communism was a blessing to ists continued to exist until 1986 when some the press. Western attention on the third world semblance of civilised governance graced turned to good governance, with press freedom Uganda’s State House. high on the agenda. Development finance was The Museveni administration subscribed to a made contingent on a free press and govern- liberal press theory for two reasons: to run the ment had to watch itself. country in an ideal manner; and as a reward to Although government started a crackdown on journalists who had been supportive during the the media, it could not indulge in obviously bush war. At that time the press was not seen as brutal methods and therefore resorted to subtle a threat. It was small, journalists were few and means of repression: most of these were freelance, poor and • The Museveni administration allows the untrained. media much freedom, but it has refused to The broadcast media was the monopoly of abolish the notorious sedition law which government and both Uganda Television and gives government sweeping powers, includ- Radio Uganda – which were no more than a ing closure of the offending medium if pro- government public relations division – were voked. It frequently calls on the sedition law seen to be a joke. The media therefore present- to arrest journalists. ed no serious threat – or so Museveni thought. • Both the police and army have always been Part of Museveni’s idea was that if people used as tools of repression. Journalists are chose to speak against government, they should regularly threatened not to write “ill” about use the newspapers rather than resort to form- the army. One should ask how the army will ing political parties – Museveni’s greatest be kept in check, if it is not evaluated by the nightmare. taxpayer.

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• Museveni forbade the media to write nega- sure. Under the pressure of high taxation, tively about leaders such as Moi and detained newspapers are now pressurised to increase a journalist for asking Kenneth Kaunda an cover prices and advertising rates in order to “embarrassing” question. stay afloat. As a result, journalists get less • The judiciary is often influenced to punish pay and find it harder to make ends meet. the press. The newspaper Mulengera was, for They have made full use of three available example, ruined by a prohibitive fine im- options: compromise their ethics and take posed by the High Court in a libel suit bribes; quit the profession for greener pas- brought by a cabinet minister. On several ture; or simply indulge in shoddy journalism. occasions journalists have been charged exor- Quality is often compromised and quantity – bitantly for bail. breadth of coverage – reduced. The infant • Between 1993 and 1996, all government mortality rate for newspapers is incredibly departments were banned from advertising in high, partly due to taxation. A tax holiday, The Monitor, Uganda’s leading independent journalists suggest, would have been in order daily, which was a bit “too accurate” and too to allow the press get on their feet. This frank. The idea was to kill the paper off in its would have been a worthy investment in infancy. What saved it was that circulation building a democracy. If foreign investors are dramatically increased, helping it to stay given tax holidays despite the fact that they afloat. repatriate their profits to home countries, why • When FM radio stations started becoming not the media which is here to stay and on “troublesome” by way of letting people air which democracy is highly contingent? their views on fundamental national issues on • By an act of parliament, government has popular phone-in programmes, government raised the minimum conditions for practicing started arresting programme presenters. journalism. One must have a university When it failed to gain mileage, it resorted to degree in journalism or any degree with a more crafty means. The Broadcasting post-graduate qualification in journalism. Council in June 1999 hiked – rather unex- Plans are under way to issue practicing cer- pectedly and spectacularly – the annual tificates to journalists. The statute established license fees for operating radio (Ushs5 mil- the National Institute of Journalists of Ugan- lion) and television (Ushs10 million) stations da (NIJU). This should have been a good for the 20 FM stations and seven television move as it constitutes and recognises journal- stations. This on top of Ushs150 000 to Ushs ism as a profession and bestows honour upon 500 000 for operating a radio frequency. No it. However, NIJU is answerable to the Media grace period was given for the highest licens- Council, which partly comprises persons ing fees ever paid by any company in nominated by government. This has killed Uganda. Not even the giant multinationals any pretence to media independence. such as Coca Cola, pay this much. Word here is that government is simply attempting to 4.2 Limited access to information relegate the media to where the ruling estab- There is a deliberate attempt by government lishment wants it to be. Moreover, govern- officials to deny journalists access to informa- ment gave itself the right to seize any station tion on the pretext that it is classified or has and make any announcement it deemed national security implications. This applies important and urgent, at 10-minutes notice. even when one is investigating abuse of public Recent protests by the victims were coun- office, something which, as everybody knows, tered with a threat to close down the stations. is supposed to be transparent. • The introduction in 1996 of value added tax The Constitution stipulates freedom of access (VAT) was welcomed by the media, partly to information, but this is subject to an act of because there was a stipulation that education parliament to determine the modalities, includ- materials would not be taxed. Government, ing classifying what is releasable. But govern- however, refused to classify the press as edu- ment has shown no interest in expediting the cational and has been especially keen on relevant procedures to allow Ugandans access ensuring the press pay their taxes. Slight to information. delays have earned newspapers threats of clo- Another problem is that few people can

37 Gawaya-Tegulle afford to buy newspapers everyday. Many buy 4.6 Unethical editorial policies only on a Sunday, making the Sunday papers Newspapers and other media are careful not to the country’s best selling. During week days, write negatively about their biggest advertisers, most Ugandans must choose between having even when these are involved in the shadiest of lunch or buying the day’s paper. deals with politicians. Yet for television or radio, a one-off payment is made for the equipment which can then be 5. SURMOUNTING THE OBSTACLES: SOMEHOW listened to or watched whenever one wishes. WE SURVIVE The Ugandan media has been widely hailed as 4.3 Cheque book journalism one of the most free in Africa. But just how free The average Ugandan journalist is a de facto is it? This paper should like to point out that the public relations officer. As the country awakens situation is much better than it was in the Amin to the need and usefulness of the mass media, and Obote days, and we credit the Museveni most politicians have found it expedient to administration for that. But there is still much “retain” a journalist or two; somebody whose room for improvement. regular news releases will assure the electorate A goat tethered by a long rope may graze fur- that “their man” is working. It is the joy of ther than many others, but it cannot be called every politician to wave a copy of the previous free. That there is a rope firmly on its neck – day’s paper during a constituent meeting as however long – kills any pretence to freedom. insurance come ballot time. That is Uganda: French philosopher Voltaire’s assertion that it is very dangerous to be right 4.4 Inadequate training when government is wrong, is echoed perhaps Uganda’s media is still in its infancy. There are too often in Uganda. few journalists and most of these are not well Every journalist works with the knowledge trained. It is not unusual for a publication to be that he/she cannot afford to rub the state up the written at the level of functional literacy. This, wrong way too often. But so far: together with the fact that the majority live • Uganda’s private media have exhibited a below the poverty line, cheats the profession of near-perfect balance between private owner- the respect it deserves. ship and public responsibility. A big credit, Moreover, most radio journalists are given the level of intimidation. Even the untrained. That the majority of the population state-owned New Vision is becoming increas- listen to radio is a problem, as listeners do not ingly liberal. Quite often, some commentaries get quality programming. therein are more radical than those in the independent press. 4.5 A divided press • Many young Ugandan journalists are earning Ugandan journalists are divided between NIJU a reputation for independence and integrity, – the exclusive club of university graduates – in addition to having an amazing nose for and the Uganda Journalists Association (UJA) news and sharp investigating skills. which welcomes everybody. NIJU recently • We may not yet be where we would like to wrote an application of affiliation to the be but we are certainly not where we used to International Federation of Journalists (IFJ) but be in the Amin and Obote days. Though we members of UJA and those of a third body – have a long way to go, at least there is a freer the Uganda Journalists Union (UJU) – protest- press. We maximise the freedom allowed by ed to the IFJ, charging that NIJU was a govern- government until government protests. ment body established by an act of parliament • Many journalists are struggling to get univer- and therefore had no independence to speak of. sity degrees, following the introduction of The NIJU application was promptly rejected privately sponsored evening courses. The and the other two bodies celebrated. impact of this is obvious from the articles Both NIJU and UJA have often discredited they write. There is more focus on analysis each other before donors, urging them to with- and investigative journalism. hold funding from the rival group. Donors have • Journalists’ organisations are working hard to therefore withheld funds (mostly for further secure donor funding for further training of training) from both sides. members. Workshops are held regularly. It

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should be of interest to this workshop, that all • Talk to politicians and experts on politics. beneficiaries of the Konrad Adenauer The premise of journalism is not that journal- Foundation journalism scholarships have ists know everything, but rather that they talk constituted themselves into the Uganda to those in the know, and then inform the Media Development Foundation (UMDF). public. This has served as a successful forum to • Journalists must also further their education. organise training workshops. Educating the public is such a huge task, that • Special courses in reporting on law, politics, at some point it becomes insurmountable if human rights and elections have been held the journalists are not well educated. and further courses on business, civic educa- • Exercise their power with a high degree of tion, etc. are in the pipeline. The UMDF has social responsibility. Journalism is a high also been instrumental in civic education dur- calling and therefore demands that it be car- ing election time and plans more focused and ried out responsibly. Journalists will do well longer programmes in training and civic edu- to ponder and forecast the possible conse- cation in both print and electronic media. quences of their work. People will always • Papers regularly carry out, or commission, respect responsible journalism, even if they surveys and opinion polls on topical issues do not like the message. such as elections, the impending referendum • Maintain a high level of integrity in its deal- and the Congo war. The results have kept ings. Like priests, the media must keep its garb government on its toes. spotless, lest journalists rid themselves of the Generally, our efforts are an attempt to regain moral authority and joy of criticising the pow- and surpass the past glory, when Uganda was ers that be. Integrity also implies that the pregnant with promise; the promise of a nation media can be relied upon, that whatever it says with a revitalised media. A media which would is accurate and without malice. It is a tragedy articulate the aspirations of the country’s peo- when the public loses confidence in the media ple. A media to follow with interest, every in general, or in a particular medium. move of the government and to question every • Be confident and have self-esteem. Journal- policy. A media to critique and analyse the per- ists should have plenty of inner validation – formance of government. A media to regulate the belief that you are right even when others, the government against excesses not in line especially government, think otherwise. This with the stipulations of the constitution, the law is usually enhanced by a good education and and the aspirations of the people of Uganda. by thorough research. • Be positively aggressive and crafty in the 6. THE ROLE OF THE MEDIA quest for information, especially that which The media should: politicians would rather the public did not get • First and foremost, understand society and hold of. This is how accuracy and complete- come to terms with the dynamics of the polit- ness of news and analysis will be ensured. ical environment. Until this is done, the pos- • Be sensitive and alert. How shall we impact sibility of positively meeting their obligations on society, if our eyes are like everybody as the media, is remote. Journalists should else’s? If something smells rotten, it usually differentiate between “How does government is: follow it up. function?” and “How ought government to • Be a stimulant, not a sedative for develop- function?” The best writers are usually also ment. Question the development policies and the best readers and listeners. initiatives. Occasionally, this may entail not • Journalists should endeavour to read not only just asking the questions, but also questioning current affairs, but the historical context in the answers. How are the campaigns being which current affairs lie. Effective, insightful run? Just how workable are the policy solu- commentary and analysis cannot be achieved tions being articulated by the politicians? Are without thorough research. there important issues that government is • Journalists should read widely on politics. failing to address? Is there something (there They should keep records of politicians’ usually is) that government is not telling? speeches and pledges in order to evaluate This is what fostering transparency and their character and performance. accountability is all about.

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• Be fair, impartial and objective. As long as be allowed to harbour the mentality that gov- journalists are human beings, they will ernment has nothing to do with them; that it always take sides in political debates or dis- is for the educated and powerful, that politics putes. It is the standpoint of this paper that is for politicians. personal bias is all right, as long as it does Representing public opinion should not not creep into journalists’ writing. Personal stop at reporting disaster. Journalists should ideological inclinations need not and should regularly conduct or commission opinion not be allowed to be inimical to accurate polls on topical issues. Unless we have open- reportage and insightful analysis. ness in society, we can never have a true A journalist survives on the basis of credi- democracy. And who if not the media will, bility and integrity. Nobody elected the press, and can, open up government for public it is said, so its legitimacy is built on the pro- scrutiny? vision of an empowering commodity – infor- Democracy is an unfeasible project in an mation and reporting accurately, fairly and in information-starved populace: people cannot a respectable manner. participate in their governance from an unin- It may be prestigious for journalists to be formed perspective. Adequate information chummy and on first name terms with the big creates a strong civil society, which is a fun- shots in the country. But compromise does damental ingredient for democracy. not come better! How shall you objectively • Be a challenger and a critic of government. evaluate the performance of somebody that Journalists should move from merely impart- close to you? ing information, to providing a thorough In cases where a journalist feels his/her understanding of the issues at hand. Report- personal bias or ideological inclinations will ing the news is not much help if it does not cloud his/her fairness and objectivity, he/she go hand-in-hand with analysis. By answering ought to step down and allow a neutral party not just the “what”, but more importantly the to do the job. Journalists should only report “why”, and submitting the “why not”. on policy and politics, not participate therein. • Strive for more freedom, but in the meantime CONCLUSION maximise the freedom currently available. It With a powerful media, government enjoys the is easy to cry for freedom and do nothing else merit of alternative opinion and an enlightened all the while. public. A healthy media effectively balances • Be a channel of communication between the the power of government. people and their government. It is the task of Journalists ought to constantly ask them- the press to inform the public about govern- selves: Are people’s ability to critique their ment plans, actions and policy debates. By government, to explore available political that, the public will know what government options, to understand the normative role and is up to and reactions will help government functioning of government and to comprehend feel the pulse of public opinion. their rights, being enhanced? Are people being The media should also bridge the gap empowered to rationally examine the socio- between the politicians and the electorate, political and economic realities on the ground? and demystify the whole concept of govern- If this is so, then the essence of democracy and ment. The media should also arouse people’s good governance would have been realised. interest in government. When people mani- In general, and paradoxically at that, only by fest a disinterest in how their government is playing opposite roles with government, can the run, tragedy cannot come better! media be a partner of government in developing People, especially the peasantry, should not and facilitating good governance.

40 Obstacles and Challenges Facing the Media in Zambia

Masautso Phiri

INTRODUCTION to a normal weekly newspaper. The Monitor In discussing the subject of media and politics began as a loose coalition of non-governmental in Zambia it will be necessary to provide a sur- organisations (NGOs) named the Clean vey of the kind of news coverage done by the Campaign Committee (CCC) created by NGOs independent media. In this regard the survey for the 1996 presidential and general elections. will show the topics of concern covered by the The Monitor, as a mouth-piece of the CCC, independent media over a specified period, for was a free publication funded through donor example, from January 1999 to date. There are money which covered all costs including pay- three main independent newspapers in Zambia ment of staff. Some of the members of the – viz, The Post, which is a daily published five coalition included the Zambia Independent days a week, the National Mirror – a weekly Monitoring Team (ZIMT), the Foundation for owned by the Church through Multimedia Democratic Process (FODEP), the Christian Zambia and The Monitor, owned by Afronet – Council and the Inter-African Network for a human rights advocacy organisation. Two Human Rights and Development (Afronet) other independent newspapers exist – People which provided the secretariat for the CCC. and the Financial Times, but for this purpose I After the CCC mandate was over, Afronet took will draw my examples from only The Post and over The Monitor which continued as a free The Monitor. publication. Last year The Monitor started charging K500 per copy (about US$0.25). 1. WHY THE TWO NEWSPAPERS? Early this year the paper moved from a fort- In the second republic the National Mirror with nightly to a weekly publication. It increased the its motto “Reflecting to the nation” was a more number of its pages from eight to twelve and vibrant paper than it is now. The motto has increased its cover price to K1000 (about since been changed to “Reflecting into the US$0.50). During its early life it tried to pro- future” which, in my view, is part of the crisis ject fair reporting, but as a free publication no created by the declaration of Zambia as a attention was paid to distribution. The same Christian nation. It is a crisis which has affect- position continued after the decision was made ed all Christians and the National Mirror as a to sell the newspaper while editorial work newspaper owned by the Church has not been attempted to reflect the position of Afronet. spared. Thus my selection of The Post and The Monitor stems from this observation. With 2. REPORTING BY INDEPENDENT MEDIA regards to The Post, the paper has over the It is more difficult to report for a weekly than a years transformed itself from a weekly to a daily newspaper. Dailies tend to fall easily into biweekly and now to a daily published five a routine influenced by newsmakers – leaders days a week. As for The Monitor, I have just or grassroots – while the difference between completed assisting the paper transform itself independent and government-owned papers is from what I have described as an in-house bias often reflected through selection and news

41 Phiri angling. This position is true of Zambia as well by the government paper. For example, The and the work of The Post in this respect is well Post of 8 March 1999 ran a story on govern- defined. Government papers report to project ment expenditure of K4 billion (about US$2 (and protect) the good image of government. million) on Mercedes-Benz cars for minister. For example, for government papers, ruling On the face of it, this was an ordinary story party members do not defect from the because the Zambia National Tender Board is Movement for Multiparty Democracy (MMD) a public institution which advertises all ten- to opposition parties. Recently, more than 314 ders. But in the Zambian context the story Lundas (figure according to a senior army offi- only appeared in The Post and appears out of cer in North Western Province – The Post had the ordinary because government papers 3000) resigned from the MMD, but government ignored this piece of information. But apart papers ignored that piece of news. Other exam- from this, the ruling party has made it a point ples abound. On 4 October 1998 Brigadier that the Zambia National Tender Board is General Nketani told retirees in the army to get headed by a party cadre who assures passage their benefits from former president Kenneth of such tenders including that of the contro- Kaunda. The Post on 5 October reported the versial Nikuv company to register voters. story under the heading “Brig Gen Nketani • Information from legitimate sources is some- annoys Kaunda” after interviewing the former time ignored by government papers because president. Government papers simply ignored of the implication of the subject matter. On 9 the story which has continued to resurface as June 1999 The Post published a report by the former soldiers have persisted in trying to get auditor general which reveals that the their army benefits. Zambian army failed to account for funds. In the survey below I provide a selection of The auditor general’s report unearthed irregu- stories relating to former soldiers which have larities in purchases of uniforms. continued to appear in The Post. This year on 2 March the Barotse Patriotic Front blamed the 5. PROBLEMS MEDIA FACE MMD for the Lusaka bombings and called for a The following are some problems faced by the genuine investigation while on 28 June 1999 independent media in particular, but also by all Anderson Mazoka, the United Party for Nation- media in general. al Development (UPND) president, met the Litunga. Government papers either down-play- 5.1 Verifying stories ed or ignored the stories. How to verify stories especially from government or quasi-government sources. Stories pro- 3. HOW MUCH HAS INDEPENDENT REPORTING vided by police or intelligence sources are at ASSISTED CHANGE OR OBSERVANCE OF high risk of being half truths or simply plants DEMOCRATIC GOVERNANCE? by the authorities to project an acceptable view The survey provides many examples of govern- through an independent newspaper – for exam- ment or institutional reactions to reports in the ple, the police sources in Kaputa with regard to media. The police, for instance, appear not to stories carried by The Post on the arrest of be interested in any change as reports of torture DRC rebels. of suspects continue. Government, after accepting its weakness through the capacity building 5.2 Funding and other resources proposals, seems to be leading nowhere. Investigative journalism requires a lot of resources in terms of money and equipment, 4. SOURCES OF NEWS STORIES but none of the independent newspapers can Legitimate sources are many and these include afford this. The Post has come close through a published materials (government, local councils position named Editor for Special Projects – but and other public bodies), unpublished docu- when revenues declined, The Post was one of ments and contacts in institutions (public or pri- the first to suffer from lack of funding. The vate). Zambia is no exception, but as these position still exists but there are doubts whether examples show, it is how such sources are used it has the capacity to undertake serious inves- or not used. tigative work. Within the media this aspect of • Legitimate news sources are at times ignored news gathering has been addressed by the

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Media Trust Fund set up by five media organi- October 28, 1997 were placed on their defence, sations, namely: the Zambia Independent said there is time for everything.” Media Association (ZIMA), the Zambia Union Post May 12, 1999 – “Maj Mutale exonerat- of Journalists (ZUJ), Zambia Media Women ed by Col Ngangula who gave evidence in his Association (ZAMWA), the Commonwealth defence”. Press Union (CPU-Zambian chapter) and the Post May 20, 1999 – “Detainees wife goes Press Association of Zambia (PAZA) which, into exile” – “Wife of treason accused Capt with the help of the Norwegian government, Jack Chiti, has been forced to go into exile includes investigative journalism as one of the because of continued harassment by the MMD projects that can be funded. To date no one, government, her husband disclosed. Chiti said whether from the private media or government his wife and children left Zambia in December media, has applied for such funding. 1998 and are now living in a refugee camp in a named neighbouring country.” 6. A SURVEY OF STORIES REPORTED BY Post May 21, 1999 – “State to appeal against INDEPENDENT MEDIA release of coup accused” – “the State intends to This survey of news stories is not exhaustive. It appeal against the Lusaka High Court’s deci- is, however, intended to show the range of sion to acquit nine treason accused persons. information covered by the private media and DPP Mukelabai Mukelabai in a statement said the sometimes political implications it tends to the state would appeal in the Supreme Court generate. For instance, without The Post pro- because it had enough evidence against the viding verbatim reports of the treason trial, the released men. Defence lawyers Sakwiba Sikota readers views of that trial would be restricted to and Sachika Sitwala described the state’s move the preferences of editors. as a sheer waste of time and resources.” Post June 14, 1999 – “Coup accused dies” – 6.1 The 1997 coup trial “One of the soldiers, Niven Manjimela, accused Post January 6, 1999 – “DPP fails to link sic of taking part in the 1997 coup attempt has coup soldiers” – “Defence lawyers representing died. Manjimela’s father, Elias, a miner with the 77 soldiers accused of attempting to unseat Roan Antelope Mining Company (RAMCOZ) the MMD government on October 28, 1997 are yesterday said his son died last Friday around 3 today expected to file an application for consti- pm at Lusaka’s Maina Soko Military Hospital tutional bail in respect of six accused persons. where he was being treated for TB. Elias said, And the state yesterday closed its case after Niven (27) was admitted to the same hospital calling a total of 110 witnesses to testify in the for more than three months and on the day he case which opened on June 1, 1998. Prof died he bled continuously through the nostrils Patrick Mvunga told judge Japhet Banda at the from 5 am until his death at 3 pm.” close of the case there was no evidence against the six soldiers.” 6.2 Summary killings of suspects Post May 29, 1999 – “77 coup soldiers have Monitor May 21-27, 1999 leads with story no case to answer” – “All the 77 soldiers “More to die” which highlights police propensi- accused in the on-going treason trial in connec- ty to summary killings. This survey highlights a tion with the October 28, 1997 coup have no number of instances when police have killed case to answer, defence lawyer Prof Mvunga rather than apprehended suspects. An article has submitted. Prof Mvunga, responding to the published prior to the CG meeting also reveals submission in the prosecution said soldiers the position of the Human Rights Commission. were merely following superiors’ orders when “Our job is to recommend,” says Lavu renegade soldiers announced they had over- Mulimba, one of the commissioners. thrown the government.” Monitor July 9-15, 1999 – “Who is behind Post May 6, 1999 – “Detainees Praise God” – Lusaka crimes” includes police admission that “We have left everything in the hands of the some guns used in crimes are from the police Lord, said treason accused Capt Steven Lungu armoury and the admission that the police had yesterday. Capt Lungu, speaking after he and no control over suppliers of police uniforms. 67 fellow Zambia Army soldiers and officers Monitor July 23-29 in a special report asks accused of trying to oust FTJ’s government on whether Christian Zambia should abolish the

43 Phiri death sentence and whether the death sentence entered some reservations on a crucial article. is a deterrent against violent crimes. In the The story reads: same edition an article quotes opposition lead- “Zambia has, under pressure from local and ers who believe that the inability of the police international groups, ratified the Convention to deal with crimes has been caused by its head, against Torture and other cruel, inhumane or Inspector General of Police, Francis Ndhlovu. degrading treatment or punishment. But they Monitor August 5-1 1, 1999 carries a story of have entered a reservation on article 20 of the a Makeni barman employed by the army at same convention. This means that, even if Buffalo village who was killed by police. The reports of gross human rights violations and story says police were following the vehicle in torture of suspects in prison continue being which the barman was a passenger and when the reported, the UN human rights organ cannot do vehicle appeared to attempt to elude the police anything to correct the situation.” they opened fire, killing the barman instantly. Monitor February 26-March 11, 1999 highlights Teddy Nondo who, despite being an 6.3 Harassment identified torturer, had the previous year (1998) Post February 4, 1999 – “Major Kangwa wins risen to deputy commission of the Drug damages” – “Musonda Kangwa has been award- Enforcement Commission (DEC) and was now ed costs and damages for unlawful detention by being earmarked to take over from incumbent the state. High Court Judge Peter Chitengi Raphael Mungole as DEC commissioner. In granted Kangwa the costs on January 28, 1999 1998 President Chiluba ignored all protests after the state failed to defend itself and entered about Nondo’s role as a torturer and appointed a consent judgement. Costs and damages to be him to the DEC job a few weeks before the CG assessed by the deputy registrar.” meeting in Paris. The article wondered whether Post March 30, 1999 – Local government this would happen this time round. and housing deputy minister Bernard Mpundu Post March 1, 1999 – “Mung’omba demands locked up Post reporter Kelvin Shimo in his K1.3 billion (about US$650,000) for torture” – office and threatened to unleash security per- “Opposition Zambia Democratic Congress sonnel on him. Mpundu accused The Post of president Dean Mung’omba is demanding com- being unpatriotic and unethical. The incident pensation of up to K1.3 billion from the state started when Shimo went to Mpundu’s office to and three senior police officers for alleged tor- confirm a story he was following up on, ture while in detention. Mung’omba, through whether or not government would extend the his lawyer Wynter Kabimba, has threatened to March 31 deadline for the sale of houses. sue the state and the three officers, deputy com- Post May 21, 1999 – “Cop shoots girl, 6” – missioner (CID) Emmanuel Lukonde, assistant The story reveals that “A police officer from commissioner of police, now deputy DEC com- Emmasdale police station shot and wounded a missioner, Teddy Nondo and senior superinten- six-year-old girl as he tried to shoot a suspected dent Biemba Musole unless the parties settle thief on the run.” The case has since been taken damages within 14 days.” up by the Legal Resources Foundation. Monitor April 9-15, 1999 leads with a story Monitor June 4-10, 1999 – Nevers Mumba “Police torture student to death”. It is a report harassed and his Victory Ministries blacked out on an Evelyn Hone student Khondwani from radio and television to create the impres- Musukwa who died on March 31 “after police sion “he has stopped active preaching.” detained him, beat him in a bid to coerce him to Monitor July 16 – 22, 1999 carries a story testify against friends of his who are alleged to “Policeman rapes Matero woman”. It is a fol- have stolen a vehicle.” Relatives were not low-up to who is behind Lusaka crimes and the allowed to see him while he was in custody. paper concludes: “Lusaka crime points to law Police later took him to the University Teach- enforcement officers.” ing Hospital where medical authorities confirmed that Musukwa was brought in dead. 6.4 Torture of suspects in police custody Although the police tried to lie, a post mortem Monitor December 18, 1998 – January 14, revealed that Musukwa died of severe beating 1999 reports on Zambia ratifying a convention which resulted in blood clots in his brain. The against torture but reveals that the country has same edition carries in its special report an arti-

44 Phiri cle “Torture horror continues” which highlights Energy Minister Ben Mwila to gun-running. other incidents of police brutality against sus- Post quoting Saba news which on February 8 pects, which have resulted in fatalities. reported the latest allegations contained in an Monitor June 4-10, 1999 carries an Amnesty Angolan official statement distributed to the International report in which the organisation media in Luanda. As the height of the Angola urges government to prosecute police who vio- allegations increased, the Zambian government late human rights. stopped comments on the gun-running saga on Monitor July 9-15, 1999 carries an article cit- February 11. ing an Amnesty International update for June Post February 16, 1999 story on gun-running 1999 which reveals that police abuses of sus- in which it names FT’s son Tito Moses pects is still rampant and that it is such abusers Katumbi, then vice-chairman of Aero Zambia, who are often promoted in the police service. and Enoch Kavindele. The paper quotes Post August 10, 1999 reports on a pregnant Angolan government sources as telling The woman who died in police custody after being Post they had proof Tito was involved in gun- tortured. “Woman died after she was picked up running. Tito is director of Chani Fisheries and detained for four days at Lusaka’s Los together with Katumbi. Angolan sources pro- Angeles police post. Violet Tembo (26) of vided information February 15. The informa- Kanyama compound was picked up and tion claimed Tito was working with Tembo, detained on July 23, 1999, to help police locate BY and Kavindele. The next day’s edition her husband Ackim Ngoma, employed by (February 17) contains denials of the charges Galaun Holdings as a security guard. It was by Kavindele and Mwila. alleged that Ngoma was involved in three miss- Monitor February 26 – March 11, 1999 ing Galaun Holdings vehicles. Violet, eight reveals regular Angolan broadcasts in Luvale, months pregnant, was picked up by three armed one of the local languages in North Western officers, after Ngoma went missing and was Province, in which the Angolan government detained at the police post. On July 27 Violet warns gun-runners. The article also reveals that collapsed in cells due to excessive bleeding Jonas Savimbi had been swindled of US$300 allegedly caused by police brutality. She was million in diamonds in mid-1998 by his rushed to hospital where she died.” Zambian contacts who had not delivered mili- Post May 12, 1999 – Maj Mutale recounts tary equipment. The article says Unita had sent how Teddy Nondo tortured him. He underwent assassins to hunt those who had swindled them. two days of torture while blindfolded. Mutale is Post February 26, 1999 – “Chiluba’s attitude one of the two who opted to give evidence annoys dos Santos” – Post quotes Angop as under oath. The team which tortured him was regards Santos being annoyed by Chiluba’s atti- led by deputy commissioner of police Teddy tude. Briefing press at the end of Chissano’s Nondo, detective inspector Lumbeta, sub- visit to Luanda, Santos accused Zambia of par- inspector Mwape and Sergeant Chama. Mutale ticipating in aggression against Angola. “We was handcuffed throughout the ordeal. reaffirm the partaking of Zambia in the process of destabilising Angola,” Santos said. 6.5 Angolan and Unita arms Post March 8, 1999 – “Chiluba threatens to Post January 19, 1999 – “Kaunda challenges shoot foreign planes” – “Any plane which vio- Chiluba to tell the truth about Unita arms deal” lates Zambian air space would be shot down, – Kaunda had just returned from Mozambique Chiluba has warned. Addressing MMD youths and gave his interview on January 18, 1999 – who last Friday marched to State House in “Chiluba must tell Zambia and the world the protest against recent bombings in Lusaka, truth regards Unita arms”. Chiluba said Zambia will not compromise its Monitor January 29 – February 11, 1999 sovereignty. ‘We will not be a satellite of any highlights President Chiluba’s involvement other nation. We shall maintain that,’ Chiluba with Unita and its increasing military capacity, said. He said bombings and gun-running should which the article suggests Zambia could not be treated separately. ‘Our people sell cassava deal with. and Unita leader Jonas Savimbi is not a man Post February 9, 1999 carried a story which who can trade in cassava. We don’t sell arms,’ linked vice-president Christon Tembo and he said.”

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Post March 9, 1999 – “Angola worries dale house around 10.40 pm by four plain- Zambia Army, ZAF” – “Zambia cannot with- clothes policemen. Around 11 pm police stand a military attack by Angola said senior pounced on reporter Joe Kaunda at his Chilenje Zambia Army and ZAF officers yesterday. South home.” Officers reacting to Chiluba’s announcement at Post March 11, 1999 – “Printing of Post halt- a youth service held at the UCZ’s St Paul’s ed” – “Police yesterday (March 10) halted the church in Lusaka on Sunday that Zambia will printing of the Post edition 11 185 when they not fear any of its neighbours, said, compara- locked up and confined the editorial and print- tively, the Angolan army was far too superior in ing staff to their offices, making it impossible terms of strength, training and experience. ‘The to produce the paper.” Zambian army has never conducted a major Post March 18, 1999 – “Post journalists face military training exercise,’ officers said.” 20 years in jail” – “Six Post journalists detained Post March 17, 1999 Unita arms – Angola last week were yesterday served with writs of submits proof to UN – Tembo, BY again summons to appear before the magistrates court named in gun-running. this morning to face charges of espionage and if Post March 19, 1999 MP exposes Zambia’s convicted will be imprisoned for a minimum of military inferiority. Two weeks before, during a 20 years.” debate on defence expenditure, Post told the Post March 22, 1999 – “More Post journal- story by another MP, Col Nawa. ists charged with espionage” – “Two more Post March 31, 1999 – “Unita moves closer reporters Douglas Hampande and Macpherson to Luanda” – Savimbi acquires jets and heli- Muyumba were on Saturday picked up by copters – the paper quotes a VOA report of Police and charged.” March 30. The VOA quotes African military Post March 23, 1999 “Mmembe arrested” – intelligence sources saying the aeroplanes were “Post editor-in-chief and managing director discovered after Savimbi’s Unita engaged Fred Mmembe was yesterday arrested and Angolan forces in the fight for Malanje and charged with espionage. Mmembe went to Kuito. police headquarters around 8.30 am to find out Post May 7, 1999 Angola comes up with new from deputy commissioner in charge of CID claims in which it accused foreign minister Emmanuel Lukonde why police were looking Kelly Walubita of visiting Savimbi’s headquar- for him.” ters. Post May 11, 1999 – “Unita controls Zambia 6.7 Lusaka bombings border” – The article talks of Unita claims that Post March 1, 1999 – “Bombings hit Lusaka” – it had control of Zambian and DRC borders. “An unidentified Angolan security guard died Monitor May 28-June 3, 1999 leads with a and his colleague Isaac Ngonga was slightly story “Gun-running motel closed”. The story injured when a bomb exploded inside the specifically recalls that Zambezi Motel – run by Angolan embassy in Lusaka yesterday. Lusaka a South African and a Zambian MMD Chipili Province deputy minister who was at the scene member of parliament, Ntondo Chindoloma – confirmed.” which was mentioned in Angolan gun-running Post March 3, 1999 – “Two more bombs allegations, had been closed. It was closed on found in Lusaka” – “Two more bombs have March 16, 1999, the paper’s sources disclosed. been found in Lusaka’s Bauleni compound and Chilanga’s Mapepe area, Lusaka division 6.6 The Post and its reports on Angola police Benard Mayonda said.” Post March 10, 1999 – “Police round up Post Post March 8, 1999 – “MMD knew about reporters” – This follows a story published on bombs” – “Lusaka district MMD officials claim March 9, 1999 under the headline “Angola to have known about last week’s bombs many worry Zambia Army, ZAF” examining the days before they were planted and exploded. country’s military capability to defence itself in Lusaka district MMD chairman Reuben the face of a possible attack. The March 10 Sunkutu on Friday (March 5) claimed that rul- story reads: “Police last night picked up Post ing MMD youths who last Tuesday (March 2) journalists from their homes. Post reporter marched to State House had obtained their Kelvin Shimo was picked up from his Avon- police permit three weeks before the bombs

46 Phiri exploded. Youth chairman Michael Balya said bian troops in Kaputa. It is an exclusive story they obtained the permit ‘days before the explo- written by two Monitor reporters who visited sion’. Lusaka division Benard Mayonda said the area. There is also an article headlined MMD youths applied for a permit on March 2 “Commanders betray Kabila” in which DRC and it was issued the same day. ‘I used my dis- soldiers complain about their commanders sell- cretion even if they didn’t meet the requirement ing their positions to the rebels; an idea which of seven days before marching.” gave credence to the rapid advance of the Post March 8, 1999 FTJ addressing MMD rebels. In the special report of the same edition, cadres revealed that investigations into the the two reporters write of the pressure placed bombings were going smoothly. on the Kaputa district as thousands of refugees Post March 15, 1999 – “Two arrested over from the DRC arrive in the area. Lusaka bombings” – “Police are holding two Post April 21, 1999 report by Goodson Zambian men at Lusaka’s Woodlands police Machona in Kaputa – “DRC soldiers fleeing station and have since deported two foreigners into Zambia following skirmishes with rebel in connection with the bombs which exploded forces have accused the Zambian government in Lusaka a fortnight ago. The foreigner, an of aiding the rebels. Private Muyulolo American identified as Gilbert Herbert and an Balengesela, a member of the Congolese sec- Austrian named David Clay, who were arrested ond Batallion which disintegrated at Moba in together with the duo have been deported to November last year following a rebel attack on South Africa and Zimbabwe respectively after Sunday claimed that the Zambian government being held at Chilanga police station. The two was sheltering at least 400 Banyamulenge detained Zambians, Daniel Phiri of Lusaka’s fighters who crossed into Northern Zambia at Marrapodi and another identified only as Albert Kalanda. ‘When we tried to pursue the rebels from a place called Twelve Miles near Mun- into Zambia, we were stopped by Zambian gov- gule, were arrested on March 5 and 12 respec- ernment forces,’ Balengesela said hours after tively.” arriving in Kaputa with 15 fellow members of Post April 19, 1999 – “Angolan arrested for the second battalion. ‘I suspect Zambia is aid- planting bombs” – “Evelyn Hone Angolan stu- ing the rebels,’ collaborated Private Anyana dent Silva Cassamano Quiberto has been for- Wakazeze who said President Kabila should be mally arrested and charged with murder in con- wary of the so-called peace efforts spearheaded nection with the bombings that rocked Lusaka by President Chiluba.” in early March. Quiberto, who was charged on Monitor April 30-May 6, 1999 – “Kabila April 16, 1999, has been in police custody since dumps Chiluba”. The story highlights Kabila’s March 3, 1999. He was earlier charged with disillusionment with President Chiluba as unlawful possession of a firearm, a case which mediator, suspecting him of double dealing. was disposed of by a Lusaka magistrate. Quib- Post June 17, 1999 (Thur) – “Zambia arrests erto had applied for habeas corpus which was 10 Congolese rebels” – “Ten DRC rebels were to be heard on April 19, 1999. He becomes the on Tuesday arrested by Zambia police in Kaputa third person to be charged in connection with on suspicion that they were part of the group of the bombings. (Trial in this case has now start- 67 which raided Lambwe Chomba in the same ed).” district on June 1, 1999. A police officer at Kaputa police station disclosed yesterday (June 6.8 Democratic Republic of Congo 16) that the gunmen were arrested at Musosa Post March 25, 1999 – “DRC soldiers flee into near Lambwe Chomba, located on the border Zambia” – “Another group of 800 DRC sol- between Zambia and the DRC, after a heavy diers crossed into Zambia bringing the total exchange of fire. ‘They were arrested around 5 number of DRC soldiers who have fled into the pm on Tuesday,’ the officer said. ‘There was a country to 1550. UNHCR representative in heavy exchange of fire before they were arrest- Zambia Oluseyi Bajulaye said the soldiers had ed. After being arrested they were disarmed and been disarmed and separated from the rest of brought to the police station’.” the refugees by the Zambian authorities.” Post June 18, 1999 – “More Congo rebels Monitor March 25– April 1, 1999 carries the arrested in Kaputa” – “The number of DRC story regarding DRC soldiers attacking Zam- rebels arrested by Kaputa police has shot up to

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17, a source at Kaputa police station disclosed also asked FTJ not to make a habit of apologis- on June 17. And, Musosa, located near the bor- ing to the Zambian people for his government’s der between Zambia and the DRC where the failure to improve their lives. He said he would first ten rebels were arrested and occupied by not call FTJ’s speech opening Parliament hol- DRC forces has been retaken by the rebels follow but a beautiful song or a poem.” lowing a heavy exchange of fire. The source Post February 18, 1999 – “Hungry villagers disclosed yesterday that five gunmen suspected clobber MMD MP” – “Chikankata MMD MP to be part of the group of 67 who raided Misheck Chiinda was yesterday beaten by a Lambwe Chomba a fortnight ago, looting and group of hungry villagers in his constituency. setting ablaze four shops and houses, shooting The incident happened when Chiinda went to three Zambians, were apprehended near assess the hunger situation in his constituency.” Chintelebwe where they had been hiding.” Post March 25, 1999 – “Post censored” – Monitor June 25-July 1, l 999 – the story is a “Ruling MMD has obtained an injunction run-up to the Lusaka signing of a peace accord restraining The Post from any further publica- scheduled for June 26. Monitor lead is ‘’Muga- tions of articles concerning the security of be suspicious” – highlighting Zimbabwe suspi- Zambia and the country’s stand-off with cion of Ugandan and Rwandan intentions. The Angola. According to court records MMD edition also carries a special report headlined: Kabwata constituency chairman Richard “Will June 26 talks bring peace to DRC?” The Kachingwe and twenty other party cadres are article examines all aspects of problems and the first plaintiffs and the attorney general is the difficulties of reaching an agreement. second. The injunction obtained is restraining Monitor July 2-8, l999 has a special report The Post and Fred Mmembe from further publi- which follows up on the previous edition. The cations of any nature whatsoever on, about, article examines how the Zambian press cov- concerning or referring to the security of Zam- ered the DRC talks. It highlights the hopes for bia or indeed the stand-off between Zambia and glory of President Chiluba and his government Angola. High Court judge Martin Imasiku said as reflected in government media. It looks at he could not proceed with the case because an how government was ready to act against the affidavit of services had not been filed.” opposition over their threatened demonstration. Post June 23, 1999 – “Wina barred from Chiluba publicly announced: “We will embar- attending meeting – she faces disciplinary rass you and your families.” action says Sata” – “Ruling MMD national women’s chairperson was yesterday barred 6.9 Movement for Multiparty Democracy from attending a meeting for a visiting and its politics ZANUPF women’s group from Zimbabwe by Post February 3, 1999 “Court saves Chindolo- MMD national secretary Michael Sata. Sata ma” – “Chipili MMD member of parliament later explained that Nakatindi could not attend Ntondo Chindoloma has been granted an because she faced disciplinary action.” injunction restraining the party’s national secre- Post July 23, 1999 – “Nakatindi cannot easily tary Michael Sata and eight others from block- be destroyed – Sikota” – “Princess Nakatindi is ing him entering parliament. The order granted a mature, strong and seasoned politician who by Lusaka High Court judge Elizabeth Muyove cannot be easily destroyed by attacks from reads in part: Sata and eight other cadres are Michael Sata, said Sikota. Reacting to ruling restrained by themselves or their agents from MMD national secretary’s attack on Nakatindi, barring Chindoloma from exercising his rights Wina said his wife had helped found Zambia’s of entry into and out of parliament.” ruling party and she could not be thrown away Post February 4, 1999 – “Another MMD MP like that. Nakatindi is haunting the MMD, attacks FTJ” – “Another ruling MMD MP yes- hence the ‘noise and lies’ that have now been terday joined Chipili MP Chindoloma in attack- focused on her. ‘The MMD leadership made ing Chiluba. Kaoma MMD MP Foxy Nyundu the biggest mistake when it imprisoned my wife yesterday challenged FTJ to give him reasons for a year on trumped up charges and now she why he should be a proud MP when he has is haunting them.’ Wina also said that he failed to develop the rural areas. Nyundu, con- answered Sata because he was more dangerous tributing to the debate on the budget speech, than the others.”

48 Phiri

Post July 26, 1999 – “Wina explains Sata’s and did not address their problem. Aka said they attacks” – “Ruling MMD national secretary and could not be fooled like the donors over empty minister without portfolio Michael Sata is being lies and con games contained in the good gover- backed by some bigger powers within the party nance document, made to sneak around donor in his recent outbursts against my wife, Sikota conditionalities. ‘This document is a partisan Wina charged. Wina, who is MMD national smokescreen building for bad manipulation in chairman, said Sata was attacking his wife with Paris,’ Aka said. And Guy Scott said as a result the blessing of the party leadership. Wina of the government’s refusal to register ZAP, believes Sata’s attacks were a continuation of they had decided to withdraw from participation his wife’s one year imprisonment.” in inter-party dialogue because, the talks were now meaningless. Lima Party had even instruct- 6.10 Local government ed him not to continue his work as secretary to Monitor May 7-13, 1999 carries a story on why the dialogue. ZAP interim chairman Dean the decentralisation programme has failed to Mung’omba said ZAP shall continue until it take off in the country. The article, which was concluded and fully operational regardless examines a report, attributes failure on reduc- of what the MMD government would do to frus- tion of state grants to councils, increased trate their efforts. National Citizens Coalition unclarity in the mechanism of distributing (NCC) president Nevers Mumba said they were grants, and central government involvement in going to stage a demonstration this month end the sale of major council revenue earners. This to protest against FTJ’s continued participation last reason, for central government, read in the DRC peace initiative.” President Frederick Chiluba’s involvement in Monitor June 18-24, 1999 examines govern- the sale of council assets such as houses which ment promises to the CG meeting in Paris as he started before the 1996 presidential and gen- contained in the governance report. eral elections. Monitor July 16-22, 1999 carries in its special report an article “How is government going 6.11 Presidential Housing Initiative to address unemployment?” This is a continua- Monitor May 7-13, 1999 leads with a story tion of stories which have referred to the gov- “State House hijacks Zimco Housing Scheme” ernment’s governance report, “National which describes how Zimco houses were taken Capacity Building Programme”, earlier given to as part of the Presidential Housing Initiative donors at the CG meeting in Paris. and when sold, funds realised were diverted to the PHI. 6.13 Constituency Development Fund Monitor October 23–November 6, 1998 – 6.12 Governance “Constituency funds looted by members of par- Post May 20, 1999 – “Government to repeal liament”. The article notes that every year K30 constitution” – “Government is planning to million (about US$15,000) is given to the 150 repeal the constitution to remove discriminatory constituencies countrywide but that none of the clauses.” The story quotes a government docu- funds reach the intended target. ment then just released to donors entitled Monitor June 4-10, 1999 returns to the CDF. “Capacity Building Programme” to be present- – “Millions of kwacha meant for development ed to the CG meeting in Paris. of constituencies and youth projects is being Post June 18, 1999 – “Good governance doc- misused while most infrastructure in the coun- ument burnt” – “Zambia Alliance for Progress try remain undeveloped.” (ZAP) yesterday tore up and burnt the good governance document which government pre- 6.14 Fertiliser distribution sented to donors at the just ended Consultative Monitor December 18– Jan 14, 1999 – “Politi- Group meeting in Paris saying it was useless. cians loot fertiliser fund”. The paper records ZAP interim committee member Akashambatwa that over K10 billion (about US$5 million) of Mbikusita Lewanika led other leaders and mem- government money was unlikely to be account- bers saying the document entitled “National ed for. The article highlights the role of politi- Capacity Building Programme for Good Gov- cians in the distribution of fertiliser and how ernance in Zambia” was irrelevant to Zambia funds for the commodity have been misused.

49 Phiri

6.15 University of Zambia took turns in battering five Unza students after Post January 18, l 999 – “University of Zambia a foiled planned demonstration to the Ministry students block Chiluba”. The article describes of Education to register complaints over the how on Saturday June 16 Unza students delay in reopening the institution.” blocked the president from leaving the campus grounds demanding that he addresses them on a 6.16 Electoral system myriad of issues affecting the institution. Monitor April 2-6, 1999 highlights problems of “Unzasu treasurer Johnstone Chikanda yester- the electoral system and the lack of power of day said the students were incensed by FT’s the Electoral Commission to deal with prob- refusal to address them and his insensitivity to lems before elections. The Electoral Commis- the institution’s troubles and confusion that has sion cannot adjudicate between parties or mete accompanied its reopening. Students who gath- out any punishment to the offenders before an ered at the vice-chancellor’s car park displayed election. The republican constitution after its placards denouncing FT’s concentration on the amendment of 1996 is still discriminatory in civil war in the DRC.” nature. For example, article 63(3) in connection Post May 21, 1999 –“Students want Kaunda with chiefs reads: “A chief shall not be quali- to head Unza” – “Unza students yesterday fied for election as a member of the National called on government to reappoint opposition Assembly and that any chief who intends to UNIP president as chancellor to help solve the contest elections must surrender his chieftain- problems that have dogged the institution. cy.” Students attempted to way-lay Chiluba’s motor- cade from Lusaka international airport later in 6.17 National Assembly the day but the move was thwarted by police.” Monitor July 16-22, 1999 reports the opening Post May 26, 1999 – “Four Unza students to the public and the press of sittings of parlia- arrested” – “Four Unza students were last mentary committees. Thursday (May 20) arrested after they ran- sacked the institution’s privately run dining 6.18 President Frederick Chiluba hall.” Post March 22, 1999 – “Chiluba chases Wina Post May 27, 1999 – “Unza closed” – “Unza from MMD meeting” – “Princess Nakatindi has been closed. According to Unzasu vice Wina was last week chased from an MMD par- president George Munankombwe, the closure is liamentary caucus meeting at State House on orders of the Ministry of Education and stu- because she had not been cleared by the party, a dents had been given up to Friday to leave the State House sources said. The source said institution.” President Chiluba asked the princess, who is Post June 3 (Thur), 1999 – “Unza students to the party’s national women’s chairperson and meet Kaunda” – “Unza students are this Friday Kanyama MP, to leave because the MMD had (June 4) going to meet former head of state and to decide on her situation. ‘The president said, UNIP president Kaunda to consult him on how honourable, sorry the party has not cleared you best the institution can be run. Unzasu vice- so you cannot attend the meeting,’ the source president George Munankombwe said the deci- said. The move is despite a High Court order sion was reached after realising that Kaunda granting her an interlocutory injunction on with his vast experience as chancellor of the March 17 saying she was still a member of the institution would give advice on how problems party until the disposal of the case. Nakatindi at Unza could be overcome.” declined to comment. During the meeting Post June 16, 1999 – “Unza students now President Chiluba lambasted MPs and asked consult Mazoka” – “Unzasu are this week those not happy to leave the party.” scheduled to meet United Party for National Monitor April 16-22, 1999 an article Development (UPND) president Anderson Maz- “Another shot FTJ?” examines President oka in their consultations with the opposition.” Chiluba’s plans to go for a third term. At the Post July 26, 1999 – “Cops batter Unza stu- time these are linked to the possibility that dents” – “The battle has started, declared UNIP president Kenneth Kaunda would stand Unzasu president Simambo Banda. And ten in the 2001 elections. Woodlands police station officers on Saturday Post April 19, 1999 – “FTJ calls for rule of

50 Phiri law” – “President Chiluba has denounced oppo- because Mwanamwamba’s wife has Nigerian sition parties in Zambia for failing to adhere to origins though she now carries a Zambian pass- the rule of law. Addressing the Magistrates’ port. and Judges’ Association dinner at Lusaka’s Intercontinental Hotel on April 17, 1999 6.19 The nolle and its abuse Chiluba said it was amazing that some parties Post December 23, 1998 – “More denounce participated in the recent local government DPP Mukelabai Mukelabai and Attorney elections even before they held internal elec- General Bonaventure Mutale” – “Opposition tions to determine their leadership.” National party national secretary Ludwig Monitor April 23-29, 1999 reminds readers Sondashi has charged that the DPP and the AG and President Chiluba what he promised before have failed the nation and should therefore he became president in 1991. The paper repro- resign. This follows two nolles for Mung’omba duces an interview he gave which now shows and Nakatindi both of whom were detained for that he has reneged on major issues of an inde- over a year.” pendent judiciary, an independent parliament, Post April 21, 1999 – Opposition Zambia greater participation of women and more Democratic Congress president Dean employment for Zambians. Mung’omba has challenged in the Supreme Post May 21, 1999 – “Chiluba won’t run for Court, the decision by the state to release him third term, says Sikatana” – “Prominent MMD via a nolle prosequi on the charge of treason. member Lusaka lawyer Mundia Sikatana said Mung’omba in a February 17, 1999 letter to there will be no third term for FTJ. Sikatana, lawyer State Counsel Edward Shamwana, said reacting to government’s plans to change the he wanted to be awarded damages for wrongful constitution said he would lobby within the party imprisonment. Imprisoned for 14 months, the that the constitution should not be changed.” state during the treason trial failed to provide Post June 14, 1999 – “I will not stand in 2001 evidence against him until they entered a nolle elections, says FT” – “President Chiluba has on December 21, 1998 in his respect and that of said he will not stand in the 2001 elections. The MMD chairperson for women affairs Princess president, in a special interview with Reuters Nakatindi. ‘You will recall that the High Court last week, said there was need to change presi- judge in the trial was at great pains to accept a dential leadership to allow for people with fresh nolle in these circumstances but conceded that ideas.” his hands were tied by the 1978 Supreme Court Monitor August 5-11, 1999 reveals that Pre- ruling on the nolle prosequi. The judge went on sident Chiluba is floating Amusaa Mwanam- to request that the Supreme Court revisit this wamba the current speaker as his successor ruling as it was clearly being abused by the after several cabinet members rejected his earli- state.’ Others released on a nolle in the recent er proposal of presidential affairs minister Eric past include Kaunda, Rajan Mahtani, Moyce Silwamba. But already there are objections Kaulung’ombe and two army officers.”

51 Obstacles and Challenges Facing the Media in Zimbabwe

Davison S. Maruziva

INTRODUCTION bers of the ruling party have been exposed. In the five months that we have existed, The (See Francis Nhema’s and Faber Chidari- Daily News has heard more shrill voices com- kire’s case. Nhema faces three cases of fraud ing from government than could even be imag- involving Z$34.4 million, while Chidarikire ined. In our view this has been occasioned by faces four counts of murder that date back a several considerations. decade.) It is important to appreciate that The Daily • Zimbabwean soldiers have been captured or News is a newspaper run by people who share killed in the DRC and relatives have been one vision: that of telling the truth as it is – no threatened into silence. more, no less. We are also a group of people • We have also pointed out how the health and each of whom has demonstrated a degree of educational services – once the envy of the independent thinking, maintaining a critical rest of the world in 1980s – have been run view of the role of the private sector, authority down to such an extent that part of and government institutions. We are not anti- Parirenyatwa Hospital (one of the country’s government or pro-anyone; we simply reflect major referral health centres) has been closed reality as we see and find it upon investigation. because of a lack of drugs and nursing staff. This situation has come about through 1. EXPOSÉS neglect or misplaced priorities by govern- The shrill voices emanating from government ment. are because The Daily News has exposed a number of government irregularities and short- 2. IMPACT comings: If the government is concerned about the work • It has forced government to admit that it is of The Daily News and other independent spending Z$70 million a month on the war newspapers, it is because parliamentary elec- effort in the Democratic Republic of Congo tions are due to be held in March or April next (DRC). year. The government also realises that once • President Mugabe and his delegation went to fully operational, The Daily News’ circulation Montego Bay in Jamaica – a trip which cost will rival that of the Herald, the state-run daily the taxpayer millions of dollars in scarce for- newspaper. eign currency for benefits the nation cannot For the first time in the history of Zimbabwe, understand or whose results they will never many more people could be reading an alterna- live to see. tive view, which might be critical of govern- • Top government officials are hijacking a ment shortcomings. This could impact on the scheme originally intended to benefit land- outcome of next year’s parliamentary elections, less peasants/villagers in Zimbabwe. especially as voters are critical of the way gov- • Government’s attempts to interfere with the ernment handled the recent food crisis and courts in order to seek the release of mem- paraffin shortages.

53 Maruziva

At Z$7 a copy, The Daily News is cheaper to its demands it would lose millions of dol- than other mainstream newspapers in Zimbab- lars in advertising revenue. The Daily News we. These newspapers have been affected by refused to be dictated to and lost much-need- our arrival, and some weekly newspapers have ed revenue, but it retained its independence. registered losses or a drop in sales of between In our view, editorial integrity is worth more 6000 and 7000 copies a week. than lost revenue. We always knew there would be casualties • Ever since its launch five months ago, The because of our success. This is just the begin- Daily News has been the target of a concerted ning, but it is quite possible that more major negative press campaign by competing news- players could suffer as a result of falling sales papers, motivated by threats to their financial and advertising revenue. well being. These newspapers will not completely col- • Comments about legislation to bar foreign lapse, but they could cease to be key players; investment in newspapers. Not only does this such precedents exist in Kenya, Uganda and threaten foreign investors, it covers any currently Zambia. Zimbabweans interested in investing in newspapers. This strategy is intended to financial- 3. OBSTACLES ly suffocate The Daily News. The obstacles currently blocking the promotion of democracy and good governance are: 4. SUCCESS VARIABLES • Intolerance and threats as evidenced by The challenges in promoting democracy and President Mugabe’s repeated bashing of the good governance will depend on: independent press in general, and The Daily • Newspapers remaining viable. The Daily News in particular. News is a business which must generate rev- • Legal obstacles include litigation purely enue without compromising its editorial intended to scare away newspapers from fol- thrust and independence. lowing up stories potentially damaging to the • Newspaper being credible. This comes from government and politicians belonging to the accuracy and consistently balanced reporting. ruling party. • Identifying opportunities presented by satel- • Legislative obstacles include the Law and lite communications and the Internet. Order Maintenance Act, laws on sub judice, and the absence of an act requiring the gov- CONCLUSION ernment or officials to disclose information The Daily News has advertising booked until sought by journalists (Freedom of Infor- the end of 2000: this is a profound statement of mation Act). confidence in our product. • Arrests and imprisonment and the subsequent Obstacles to our success do exist, but it is in fear these induce among journalists. how we tackle the challenges, that will deter- • One of the largest advertisers in the country mine the outcome of our efforts to promote threatened that unless The Daily News bowed democracy and good governance in Zimbabwe.

54 The Media and Ethics

Pushpa A. Jamieson

INTRODUCTION could be negative. The result of revealing one’s How best can one define the word “ethics”? source of information is that the source could Some words that we can use include: rules, be intimidated or victimised. His/her position practices, do’s and don’ts, morals, standards or in the community may be undermined, his/her guidelines. job could be in jeopardy and therefore his/her The term “ethics” is understood differently right to earn an income abused. by different people depending on where they For the journalist and the publication, the come from, their culture and traditions or their result of divulging a source of information profession. What some people might think is could be that they lose credibility as a dissemi- ethical is quite unacceptable to others. How- nator of information, resulting in “the river” of ever, in most service professions, including the information drying up. Also, the integrity of the media, it has been discovered that certain ethi- publication could suffer. cal principles are common. For example, the need for confidentiality between doctors and 1. WHO IS ETHICS FOR? their patients, journalists and their sources, or To understand what ethics is all about, we need lawyers and their clients. to examine who ethics is really for. Because of Let us take a look at the relationship between the multiple definitions and practices of ethics a doctor and his/her patient. A doctor discov- in the media, one has to ask: who is the benefi- ers, for example, that his patient is HIV posi- ciary of ethics? tive. Upon being told, the patient asks that the • Ethics is for the journalist and the practition- doctor not tell anyone as knowledge of the dis- er. A journalist who wishes to make a good ease may result in him being shunned by his name for him/herself would wish to maintain family and community, or even losing his job. credibility in the profession. The doctor is then bound by the ethics that gov- • Ethics is for the profession itself. Respect for ern his profession to keep this information con- the media will only come about when people fidential. are treated with respect by the media profes- In the case of a lawyer and his client, the sionals themselves. How society perceives client may share damaging or incriminating and respects the craft of journalism is deter- information with his lawyer, information mined by how the media handles its news required by the lawyer in order to form a good and itself. defence. Release of such information by the • Ethics is for the media outlet. Every newspa- lawyer would be a complete breach of trust and per, radio or television station wants to be therefore unethical. seen as reliable and truthful in its operation The case with the media is clear. Media prac- to ensure that it maintains its customer base. titioners depend on sources to obtain informa- • Ethics also respects other professionals. tion. This source of information in many cases Lawyers, doctors, accountants and other pro- has to be protected as exposure of such sources fessionals have their own ethics – it is impor-

55 Jamieson

tant that the media respects these, especially 2.2 Right of reply when principles such as confidentiality are Individuals and organisations should be given a common. timely and fair opportunity to reply to inaccura- • Finally, and perhaps most importantly, ethics cies when the issue is of significant importance is for the consumer. The consumer needs fair, or when reasonably called for. unbiased and objective information in order to make choices that effect his/her daily life. 2.3 Confidentiality Sources must be identified unless there is a 2. ETHICS IN THE MEDIA clear and pressing need to maintain confiden- The media are a vital and essential part of a free tiality. Never promise confidentiality or protec- and democratic society with a responsibility to tion unless you are convinced that the informa- the community they serve. Almost every coun- tion is in the public interest and that the source try that practices democracy has freedom of the is neither mischievous nor malicious. One has a press enshrined in its constitution. This freedom moral obligation to protect one’s source if con- that the media enjoy has a responsibility attach- fidentiality has been promised. ed to it which must be adhered to by every journalist worthy of this noble profession. 2.4 Privacy The journalist must be motivated by what is It is important to balance an individual’s desire in the public interest. The public interest is the for privacy and the requirements of a free press. only test that may occasionally justify diver- Privacy concerns must not unduly inhibit the gence from an ethical stand. The public’s right media from publishing material or making to know remains at the heart of any activity that inquiries about an individual’s private life when a journalist conducts. The public interest it can be shown or is reasonably believed to be includes: in the public’s interest. One should be aware • protecting public health and safety that information such as telephone numbers, • preventing the public from being misled by addresses and such details may serve as infor- some statement or action of an individual or mation for intruders. organisation • detecting or exposing hypocrisy, falsehoods 2.5 Comment and facts or double standards on the part of public fig- The media should defend its hard-won right to ures or public institutions and in public poli- express its opinions, no matter how unpopular cy or controversial they may be. These opinions • detecting or exposing seriously anti-social can be expressed through editorials, opinion conduct columns, cartoons and the like. Journalists • detecting or exposing crimes or serious mis- should, however, strive to avoid expressing demeanors. comments as established facts. Every country that has an effective journalism fraternity has a code of ethics and professional 2.6 Discrimination conduct to govern its practitioners. Looking at Always avoid publishing details which could the codes of ethics of several countries, one encourage discrimination, such as a person’s sees a theme emerging. The following princi- colour, race, religion, sex, sexual orientation, ples are common: physical or mental disability, marital status or age unless the information is directly relevant 2.1 Accuracy to the news story or opinion piece. Utmost care should be taken not to publish inaccurate, misleading or distorted material, 2.7 Misrepresentation and every effort must be made to get all sides Direct means should be used to obtain informa- of a story in order that it be presented fairly. tion or photographs. The use of subterfuge is Facts and any quotations obtained must be veri- acceptable only when the following minimum fied. conditions are met: If any significant inaccuracies and misleading • Material or information cannot be obtained in statements have been made, these must be cor- any other way. rected or clarified promptly. • The news item must be of such importance

56 Jamieson

and value to the public that it clearly out- 2.11 Financial reward weighs the damage done to credibility and Journalists should not accept payment to trust. include or exclude material in a story they are • All other means of getting the story have writing. Accepting favours or gifts that could been exhausted. be misread, and that question one’s integrity, should be avoided. Information of a financial 2.8 Sensitivity nature obtained before publication should not Everyone, including public figures, must be be used for personal gain. treated with sensitivity and courtesy during times of trauma and grief. Permission must be CONCLUSION sought to interview or photograph a victim or Ethics in the media effectively mean that the bereaved person. If permission is refused, do professional activities of all editorial staff must not persist. In the case of sexual abuse, journal- be guided by the principles of openness, fair- ists need to consider if exposing the identity of ness and a commitment to accuracy and truth. a victim is in the public interest. Without this simple philosophy the media will not establish “good faith” with its consumers – 2.9 Children and this is the very foundation of responsible Children should under no circumstances be and effective journalism. interviewed or have their photographs taken in the absence, or without the consent, of a parent REFERENCES or guardian. When approaching assignments BRITISH COLUMBIA PRESS COUNCIL: Code of involving children, due regard should be given Practice. to the well-being of the child or children in AUSTRALIAN PRESS COUNCIL: Professional question. Practice Policy. CANADIAN DAILY NEWSPAPER ASSOCIATION: 2.10 Photographs Statement of Principles. Photographs should be a true and accurate rep- MEDIA COUNCIL OF MALAWI: Code of Ethics resentation of events. Any technical manipula- and Professional Conduct. tion of a photograph that could mislead readers EDWARD CHITSULO: Introduction to Ethics and should be discouraged. However, elements of a Code of Conduct. photograph can be deleted, masked or altered to ROBERT JAMIESON: Malawi Ethics and Code of avoid causing offence. Conduct.

57 The Media and Elections

Raymond Louw

INTRODUCTION yers’ forum be established to tackle the defi- Although I will speak on media developments ciencies in the legislation with regard to free- with regard to elections in South Africa in the dom of expression and the other laws which hope that our experience will be of help to del- restrict the media. egates at this conference, I would like to point The delegates at that conference believed that out that what has occurred in South Africa in they would have little prospect of succeeding relation to the conduct of elections is by no as individuals trying to bring about change in means perfect. Our practices and legislation their own countries because their respective still require much attention and amendment to governments could act quickly to stifle their ensure that we are closer to the desired goal of activities. However, their argument went, if conducting elections in a free and fair democra- they were welded into a continent-wide body tic environment. they would be able to tackle the legislation not I have been greatly impressed by the courage as individuals but with a concerted campaign and steadfastness shown by the delegates in coming from what they hope will be a powerful their pursuit of media freedom and their deter- and influential body which would be given mination to uphold free and independent prin- added status because of its cross-border nature. ciples for the media in the conduct of affairs, I believe that the delegates here today should and in reporting political and other develop- through Misa and this newly-proposed lawyers’ ments in their countries. forum, create a consolidated body of journalists I have sensed that the delegates have grown and lawyers which would be able to tackle the desperately irritated by the inroads made into inhibiting laws and restrictions in the respec- their freedoms by their governments and that tive countries. I visualise a united organisation, they have reached a stage where they have or campaigning committee of journalists and become tired of being reactive. I have sensed lawyers, with the stature that comes with a con- an impatience among delegates to try to adopt a tinent-wide membership, making representa- proactive approach to the increasing restrictions to individual governments for the scrap- tions and other inhibitions imposed upon them ping of restrictive legislation and the promotion by the authorities. of freedom of expression. So it is timely that this conference has been It should be remembered that all the coun- held. Timely, too, because it follows only by a tries in the Southern African Development few weeks a conference for a group of media Community (SADC) – who form the majority lawyers held in Windhoek. Delegates at that of the countries we are referring to – have conference also complained bitterly about the adopted the Windhoek Declaration that affirms inroads being made into their media freedoms. commitment to freedom of expression and free- That conference, under the auspices of Article dom of the media. XIX and the Media Institute of Southern Africa Such a challenging task involves a legal (Misa), proposed that a Southern African law- process and I believe that an ideal way of start-

59 Louw ing that process is to request improvements in 1.2 Complaints the electoral laws in the various countries. A The Press Ombudsman and the Press Appeals campaign for legislative reform in the electoral Committee deal with complaints against the laws does not carry with it the same weighty print media. “life or death” issues of the laws which restrict freedom of the media. Many governments 2. BROADCAST MEDIA believe that if they had to amend such legisla- All public, private, community and subscription tion they would be unleashing forces with con- broadcasters are subject to the Independent sequences which could be serious for their con- Broadcasting Authority’s (IBA’s) Code of tinued existence. Conduct and Guidelines. By starting with electoral reform, such a The public broadcaster of radio and televi- forum would be seen as a moderate organisa- sion services is the South African Broadcasting tion intent on modernising the electoral process Corporation (SABC). The public broadcaster which many politicians can associate them- belongs to all of South Africa’s people and selves with. From that start – and the experi- must be impartial. ence gained in tackling the issues – it should be The SABC is required to use its news and possible to progress to the weightier issues that current affairs programmes on television and have been raised here. radio for voter education – material must Now let us talk about synergy between media inform listeners and viewers about the policies and the election process and discuss the of the various parties and political issues that changes that are desirable. Let me begin by reit- require critical examination and discussion. erating the role of the media in elections. The SABC must: Media workers are an essential part of the • treat all political parties taking part in the electoral process. Most voters will learn about election on an equitable basis political parties and candidates from the media. • treat all political parties and candidates fairly The public will learn most of the election results and impartially, showing no favour or partial- from the media. Media workers should strive to ity to any party, or prejudice against any publish fair, balanced and accurate information party that serves their communities. When a candidate • flight two-minute party election broadcasts or party is attacked, the right of reply should be (PEBs) on radio (not television) in prime given. Media workers report on: time, delivered by a party candidate or mem- • party political campaigns ber according to a schedule devised by the • strengths and weaknesses of contesting parties IBA. • issues and trends in party thinking Other broadcasters must: • events on polling day • be impartial • what went wrong and what went right • treat all political parties and candidates fairly • which party may win/lose and by how much and equitably • the results • choose whether they wish to flight PEBs and, • changes in voting patterns from the last elec- if they do, extend the facility to all political tion, etc. parties according to the IBA formula.

1. PRINT MEDIA 2.1 Advertisements South Africa’s daily and weekly newspapers Television may NOT carry advertisements for are all privately owned. There are no restric- political parties. Radio may carry advertise- tions on reporting during elections apart from ments for political parties but must treat adver- the normal professional concerns such as libel, tising parties fairly and equitably. misrepresentation and inaccuracy. The print Equitable does not mean equally, but it media may be partisan, biased or propagandise means all political parties must be treated fair- for any political party or candidate. ly. In assessing fairness, broadcasters must take into account the size of political parties mea- 1.1 Advertisements sured by the number of seats they hold in Print media may carry party political advertise- national and provincial legislatures and the ments according to normal industry standards. number of candidates they have nominated for

60 Louw national and provincial legislatures. It acknowl- the presiding officers at polling and counting edges that the bigger parties should be given stations and may request special facilities, such greater exposure. as entry into polling stations to observe or pho- The media must be proactive in seeking news tograph the voting (or counting) processes, or about the parties and not simply rely on party to conduct interviews with officials. statements and handouts. There is no restriction on taking photographs or conducting interviews in the public area of 2.2 Complaints polling and counting stations. Media workers All broadcasters fall under the IBA’s broadcast take part in a “pool” system where large num- monitoring programme to ensure they deal fair- bers of journalists want a photograph or inter- ly with all parties and candidates. The IBA view with a personality while he/she is voting. hired the Media Monitoring Project to monitor However, media workers should be aware that the broadcast media’s election coverage. in sensitive areas – such as the actual voting Alleged breaches of the IBA’s Code of areas of polling stations – some voters may not Conduct and Guidelines are publicly adjudicat- want to have their photographs taken, or to be ed by the IBA’s Broadcast Monitoring and interviewed, and this is their right. Complaints Committee (BMCC). Media workers may not undermine the secre- The industry has its voluntary Broadcasting cy of the vote and the orderliness of the election Complaints Commission of South Africa with process, or publish false information with the rules similar to the IBA’s BMCC. Political par- intention of disrupting or preventing the elec- ties, candidates and the public may complain tions. They may not create hostility or fear in about alleged breaches of the Code of Conduct order to influence the conduct or the outcome and Guidelines to the IBA’s BMCC. of elections, and may not publish the result of Broadcasters judged to have broken the rules an exit poll during voting hours. can be forced to correct an inaccuracy, apolo- Media workers, like members of the public, gise and/or pay a fine. The law states that the must obey election rules. BMCC can act as it sees fit and, in extreme They may not interfere with the indepen- cases, it can recommend to the IBA that it dence and impartiality of the Independent revoke a broadcaster’s licence. Electoral Commission (IEC). Media workers may not take part in illegal political activity 2.3 State publications such as forcing anyone to register or not regis- The Electoral Institute of South Africa pro- ter as a voter, support/not support a political posed that all political parties, civil society and party or candidate, or to attend and participate the public be used as watchdogs over state pub- in political activity such as meetings, marches lications and the use of state resources by offi- or demonstrations, or not to do so. They may cials or ministers to ensure that they are not not pretend to be a representative or candidate used to advance the interests of, or prejudice, of a political party, an employee of the IEC, an any political party. accredited observer, or a person accredited to Unlike the first democratic election in 1994, provide voter education. there is no statutory provision for a mechanism The presiding officer has the power to to monitor state publications and/or the use of exclude anyone, including the media, from a state resources during elections. voting station and this applies also to IEC staff, party agents, official observers, election candi- 2.4 Identification dates, interpreters and voters, though these cat- All journalists and photographers working on egories have to be given reasons for their exclu- election day at voting or counting stations sion. should carry a press card. The card should con- Media workers, like members of the public, tain the following information: the bearer’s can be fined or imprisoned for up to ten years name, the organisation he/she represents and for breaking election rules. the bearer’s photograph. 3.1 Protection of media workers at elections 3. DO’S AND DON’TS Media workers have a job to do and must not Media workers may show their press cards to be hindered in any way from carrying out their

61 Louw duties on election day. In South Africa we per- tre which transmitted them electronically to the suaded the authorities to include in the Code of SABC and the South African Press Association Conduct for political parties and their candi- (SAPA). dates, a clause which would help protect journalists. Community radio station staff and 3.3 Special votes for media workers members of the radio stations of the SABC Journalists who expected to be working away were particularly perturbed about the prospect from the area in which they were registered to of their being intimidated and were especially vote could apply for a special vote. pleased at the inclusion of the protection clause. All voters, including media workers, required An offence under the Code by political party a barcoded identity document. candidates, representatives or supporters Any media worker who would be out of against media workers during elections could South Africa for the elections could apply for a be punished with fines of up to R200 000 special vote to a special voting officer at a (US$33 333), imprisonment and/or disqualifi- South African embassy, high commission, con- cation from further participation in the election. sulate or foreign mission before the election. This was a powerful deterrent. The electoral Code of Conduct lays down 3.4 Restrictions lifted that every political party and candidate must: The law prohibiting publication of opinion • respect the role of the media before, during polls during the election period has been and after the election repealed. These polls can now be published up • allow media workers to attend public politi- to the day before the election. cal meetings, marches demonstrations, ral- Also withdrawn was the legal requirement lies, etc. that names and addresses of journalists, car- • ensure that media workers are not harassed, toonists and letter writers had to be appended to intimidated, threatened, assaulted by any political reports, cartoons or readers’ letters at political party officials or their supporters. the time of publication. I believe this could be a starting point in trying to get the politicians in your countries to 3.5 Publication of certain aspects of election change the electoral code. Strive to get a clause material or procedures inserted in your electoral act to protect journal- In South Africa certain aspects of election pro- ists. cedures have to be publicised in the Govern- Political meetings, events, marches and ment Gazette and in newspapers “considered demonstrations are banned on election day. appropriate by the chief electoral officer to Also banned are strikes by members of the IEC, ensure wide publicity”. and those employed in the public transport and I have been studying the legislation for communications sectors. If any, or all, of these Namibia and it is noteworthy that the electoral take place, the media should report on them. law there does not require publication in any media other than the Government Gazette, 3.2 Election results except in one or two instances. I believe this is An operations centre was set up to enable another area where journalists should pressurise accredited journalists to report on the results as their governments so that the media assumes an they were received from the counting stations acknowledged role in elections. and to conduct interviews with winning and I believe the Namibian example I have quot- losing candidates and others. ed is little different to that of other countries in Results of the poll were announced by count- the region. ing officers at counting stations after all objec- The exceptions in Namibia apply to notices tions and formalities were completed. There being placed in newspapers inviting objections were 14 300 voting stations. About 90% of the to the demarcation of constituencies. The law results were expected to be available by 6 am says that such a notice should appear in at least the day after voting ended. In the event, many one newspaper and I believe that the media in results were only available some time later, in Namibia and other countries where such provi- some instances, days later. The results were sions exist should suggest that they and their sent to the IEC’s computerised operations cen- advertising agents’ associations should meet

62 Louw with the IEC to request that more than one prevent these resources being used unfairly to paper should receive the notices. In addition, favour or prejudice parties. attention should be paid to community radio as It was found that the mere fact that there are a publicity vehicle. monitoring mechanisms meant that transgres- Another instance in Namibia where adver- sions were reduced substantially. When would- tisements have to be placed in at least two daily be transgressors know that there is a policeman papers is when the Electoral Commission is set on the beat, they do not offend against the law. up and applicants are sought for the job. Again, State resources should also be used to devise the commission should be persuaded to consid- mechanisms to protect journalists, as in the er more papers and radio services. South African Code of Conduct for candidates Other instances were the media should be and political parties and also for “special votes” used for publicity purposes are: for journalists unable to vote at their voting sta- • describing the siting of polling stations tions because of the demands of their duties. • publication of voters’ rolls • places were lists of candidates may be 3.5.ii Should publications support political par- inspected ties? • opening and closing dates for voters’ regis- My view is that it is a decision to be taken by tration the editor (or the publisher if he/she is involved • proclamation of an election in overall policy) and that there should be no • date of the election period restrictions on doing so. Editors and publishers • publication of names of parties and their can- will no doubt consider the implications for their didates (again in community newspapers and papers if they do endorse candidates, and by radio as well as mainstream media) that I mean the effects on their readers and • withdrawal or death of a candidate advertisers. After all, if they make an unpopular • notification of candidates for regions choice they can go out of business. But, I • situation of mobile polling stations repeat, it is their choice. Whether the staff of • notification of changes in polling hours the paper should be involved in that choice is • results. for the editor and publisher to decide – and for Among the issues that the delegates may care to the staff to protest if they believe strongly that consider are: they should be consulted. In South Africa, political advertising is 3.5.i Use of state publications and state banned on the radio except during the election resources during elections period. We believe it should be permissible for There should be a mechanism to monitor state broadcasters to take political advertising at all publications and the use of state resources to other times.

63 Investigative Journalism: the Police Perspective

Martin S. Simbi

INTRODUCTION maintaining law and order and the detection I am not a journalist but I wish to humbly state and prevention of crime. It is this critical func- that I come from a strong police background. I tion of the police that permits governance to have been fortunate enough to have worked take place and, indeed, also makes possible the within most of the traditional police branches at very survival and existence of journalists. In both operative and command levels. My expo- summary, one can therefore say that police sure within these branches has enabled me to existence ensures both ordered political and deal and interact closely with journalists from a civic organisation, for without the order guar- variety of media, both professionally and anteed by an efficient police service, the real socially. I have in the process been able to danger exists of a relapse into the proverbial build remarkable friendships among these state of nature where unruly appetites and esteemed members of the “fourth estate”. impulses reign supreme and where only the One of the enduring lessons I have learnt fittest survive. To talk about investigative jour- over the years is that the “love–hate” relation- nalism within this chaotic and anarchic social ship between journalists and members of the and political milieu is therefore fallacious, to police service will remain a fact of life for put it charitably. some time to come. It is my view that because I have underlined, albeit briefly, the of the peculiar nature of their business, the link supremacy of the police in regard to the exis- between these two important social institutions tence and survival of a people’s body politic is indissoluble. May I hasten to add that this and social institutions of which journalists are “love–hate” relationship need not be disastrous; also part. I will now expand on the concept of it can actually be beneficial to both sides as investigative journalism. long as differences are not accentuated. Rather, they should transcend minor administrative irri- 1. INVESTIGATIVE JOURNALISM tants and involve an exchange of information. The Journalism Quarterly of Spring 1992 pub- Having said that, may I say that I am mindful lished by the Association for Education in of the theme of this conference and I will there- Journalism and Mass Communication (page fore look at how investigative journalism can 156) defines investigative journalism/reporting complement or impede police work in the birth, as an “activity involving undercover work dur- nurturing, and development of a democratic ing which reporters try to find evidence of hid- dispensation. In setting the tone and contextual- den corruption or abuses of power”. ising my presentation, I will examine the defin- The same article cites the 1981 Gallup Poll ition of investigative journalism and democracy as describing investigative journalism as and also look at some legal provisions which uncovering corruption and fraud in business, bless police institutions with the legitimacy government agencies and other organisations. they claim as the fundamental organised civil It is important at this stage to make the conces- force of a state, with the principal duty of sion that investigative journalism can conceiv-

65 Simbi ably, and in fact should, turn its gaze at inci- police investigative work and investigative dents of police corruption as the police are, journalism. I will then address the question of after all, part of government agencies. The im- whether in fact there is a role for both of these portance of investigative journalism in expos- in the promotion and entrenchment of democra- ing corrupt practices in crucial state agencies tic governance. like the police is, in my view, incontestable. Both police and journalists are fact gatherers. They employ investigation as a tool and use 2. DISTINCT ENTITIES certain techniques for collecting information. It is germane to now look at the legitimacy of Police investigations generally lead to the arrest the police and journalism as distinct entities. of criminals and their subsequent prosecution in According to Skolnick (1972), the civil police court, while journalistic investigations aim at “is a social organisation created and sustained revealing some concealed information which in by political processes to enforce dominant con- one way or another might be of public interest cepts of public order”. This definition makes and therefore newsworthy. Unfortunately the the case that police services are a social product aim of investigative journalism is to obtain created through a legal and legislative process news that sells. Of course there have been sev- to enforce and uphold the views of the majority eral instances where journalistic investigations insofar as their definition and perception of have led to the subsequent prosecution of the public order is concerned. offenders. An important notion in the definition is the One of the most important distinctions implicit statement that the police as an institu- between police investigative work and inves- tion comes about through a legal process which tigative journalism is that the police are not at in addition to providing for their legitimacy, liberty to choose which cases to investigate. also specifically outlines their roles and respon- Police investigations can cover commonplace sibilities. For example, the Constitution of cases such as minor thefts, road accidents, Zimbabwe specifically provides for the exis- assaults – the list is endless. Investigative jour- tence of a police service for the purpose of pre- nalism tends to be guided by the potential for serving the internal security and maintaining newsworthy copy within a story. For both pro- law and order in the country. Journalists, on the fessions, there is always more than one source other hand, owe their existence and livelihood of information. to the existence of the print and electronic The journalist has to get both sides of the media, which themselves came into being to story in pursuit of balanced reporting. A police make profit in the main. Admittedly, most officer has to get more than one witness if a media institutions came into being through conviction is to be secured. some legal process, although there are some Practitioners in both professions have to which operate on the fringes of the law. In- exercise caution and restraint in the conduct of vestigative journalism is but a feature of the investigations. There is a need for thorough various ways in which news or information background research, checking and cross gathering is conducted. checking of facts. There is always the potential Both police work and investigative journal- threat of being sued for defamation. Journalists ism are perilous occupations which carry not can be sued for publishing an incorrect story unconsiderable risks. For example, in 1662 a that tarnishes someone’s name or reputation British journalist John Twyn refused to provide and the police are similarly liable to legal suits the name of the author of an anti-Royalist pam- for unlawful arrests. phlet he had published. Twyn was sentenced to It has to be said that whether one talks of be hanged and quartered – a process involving police investigations or investigative journal- being cut down while still alive and the body ism, it is cardinal that as professionals, it would being divided into quarters to be disposed of at be dangerous to rush the investigations and the pleasure of the king. throw caution to the wind in the quest for sensational and salacious information in order to 3. SIMILARITIES AND DIFFERENCES get a scoop. I now wish to examine some of the similarities I am advised that one of the qualities of good and, to a certain extent, the differences between journalism is the ability to publish information

66 Simbi at the first opportunity or while the information There have also been instances where jour- is still “fresh”. This practice at times clashes nalists take advantage of junior officers attend- head-on with police practice and indeed with ing to the scene of a road accident and ask victims of crime, where premature publication questions on matters of policy which have may prejudice a police investigation and the nothing to do with the accident. In these cir- attendant consequences, such as failure to cumstances the journalists should be fully recover stolen property or to arrest offenders. aware of the person to approach to get the What irks the police at times is that journalists information required. may be advised of the prematurity of publishing Police would interpret this behaviour as a a story, but they carry out their own investiga- desperate effort to increase fear of crime while tions and publish the story anyway, with disas- their own efforts are directed at reducing fear of trous consequences befalling the police investi- crime. Having made these observations, I hope gation. I have not given the impression that journalists Probably one extreme criticism of journalists are the police’s public enemy number one. by some members of the police service is that they are creators of “folk devils” and “moral 4. PERCEPTIONS AND HONOUR panics”. This arises from the fact that there are Notwithstanding the issues raised, the majority instances where the police believe journalists of police officers appreciate the importance of create a mountain out of a molehill by over- the media in creating positive perceptions in the publicising an issue which the police them- community; and perceptions may be more selves perceive as a non-event. For example, important than reality. It is the perception of a the fact that the last two murders within three low crime rate and not the actual existence of a months in one suburb, coincidentally both com- low crime rate which is important to a commu- mitted by members of one tribe against another, nity. It is the perception of a hard working does not necessarily mean that a civil war is police service which reduces fear of crime imminent between the two tribes – or worse among a community, and not necessarily the still, that the suburb where the killings have existence of a hard working police service taken place, because of these two cases, itself. In this regard the media is not only an “becomes so dangerous that people need to be integral but an indispensable component of evacuated from it immediately”. policing. Police image itself can be built or These are the impressions one would get destroyed by the media. from reading some papers following such inci- I am, however, aware that journalists have a dents, thereby creating phantoms or folk devils code of ethics which, among other things, stip- in the minds of people. In the same breath, ulates that they must abide by the principles of moral panics are created among the public fairness, accuracy, balance, honesty, truth and when crime levels in particular localities or personal integrity in their reporting. In their cir- even in the whole country are exaggerated cles, journalists have the adage: “Do as you through stories in the media. Fear of crime would be done to”. In addition to this, they among citizens will rise and foreign investment must maintain the highest possible professional will be discouraged. and ethical standards. In other words, personal May I reiterate that professional journalism, and societal morality must be their guiding no matter how investigative it may get, should principles. A rational journalist should know not, in my opinion, involve misrepresentation. when he/she departs from the realm of profes- For example, a journalist should not dress up sionalism into the murky waters of unorthodox like a nurse in order to gain access to confiden- practices. tial medical records in pursuit of a scoop. Recent history is, however, lavish with exam- It would also be unprofessional for journal- ples of self-seeking journalists who masquerade ists to mention names of minors or even adult as investigative journalists and through the use victims in cases of sexual assault. I am sure we of every trick, have clouded the otherwise hon- all agree that cases of this nature are traumatic ourable profession of investigative journalism. to the victims and mentioning their names in It is unfortunate that the use of these objection- the print or electronic media only worsens the able practices have lowered the credibility and victims’ distress. reputation of journalists.

67 Simbi

5. THE MEDIA AND DEMOCRACY the manner in which they discharge their I am a firm believer in the critical role that duties should be an embodiment of the wish- investigative journalism can play in the devel- es and aspirations of the generality of people opment of democratic governance. Democracy in a state. gets its nourishment through a vigorous, vibrant • The media are not constitutionally regulated and non-partisan press which is able to investi- and often air the views of their owners, gate and expose corrupt practices. The role of whereas the police have to do their work such media should be complemented by an without fear or favour. equally efficient police service supported by the Journalists have some latitude within which the other components of the criminal justice system. police cannot work without inviting censures Although not a politician myself, I still con- upon themselves. For example, a journalist can tend that democratic systems of governance expose issues and information which cannot elsewhere which we admire and aspire to, did stand up in a court of law, but the police cannot not spring up from nowhere. The seeds of these do so. Indeed, the police have a clearly spelt out democratic institutions were sown and tenderly purpose, ethics and procedures. We can argue nurtured by keen gardeners. It is one thing to about whether they do this function properly or cultivate a field by right and another to culti- not, but the distinction is clear. vate it in the best way. For me, coming as I do from this part of the CONCLUSION world where the talk of democracy has become It is my view that no democracy can argue for a topical, survival of democracy rests on the “free for all” dispensation and, in the same understanding of the following fundamentals: vein, neither can investigative journalism agi- • The survival of democratic systems of gover- tate for a similar position. It is my view that nance requires gatekeepers, of which the police and investigative journalism can co-exist police and the media are crucial. in a situation where journalists get their scoop • Police get their mandate from the state and and the police get their man.

68 Programme

Friday 10 September 1999

19:00–21:00 Informal dinner with representatives of the Konrad Adenauer Foundation (KAF)

Saturday 11 September 1999

09:00–09:30 Welcome and Opening Remarks Michael Plesch, Head: Africa Department, KAF, Germany Janet Maxwell, Head: Journalism Department, Natal Technikon

09:30–09:45 Konrad Adenauer Foundation Activities in South Africa Dr Michael Lange, Resident Representative, KAF, South Africa

09:45–10:00 The Work of a KAF-Partner Organisation: Institute for Federal Democracy Dr Rama Naidu, Executive Director, Institute for Federal Democracy

10:00–10:15 A Konrad Adenauer Foundation Project in Moçambique Coetzee Bester, Pamodzi Services

10:15–10:30 Discussion

11:00–12:30 The Media in Southern Africa Peter Fabricius, Foreign Editor, Independent Newspapers, Johannesburg

Discussion

14:00–15:00 The Legal Situation of the Media: a Comparative Analysis of South Africa, Germany and Latin America Frank Priess, KAF Director Media and Democracy, Latin America

Discussion

15:00–16:00 Scholars’ working groups

16:15–17:30 Discussion of working group results • Recommendations

103 Programme

Sunday 12 September 1999

09:00–10:00 The Internet as a Medium for Journalism Arrie Rossouw, Editor, Beeld

10:00–11:00 Discussion

11.30 - 12.30 Community Radio Stations as Democratic Institutions Alan Fransman, Institute for the Advancement of Journalism

12:30–13:00 Discussion

104 Introductory Remarks

Michael Plesch

INTRODUCTION Up to 120 people per meeting have participat- On behalf of the Konrad Adenauer Foundation ed, all the delegates being active in politics, (KAF) I would like to extend a warm welcome business, education and training, the media, to the participants and past participants of our public administration, enterprise and rural scholarship programme. I would also like to development, social work and other fields. thank you all for accepting our invitation and The seminars are intended for the promotion coming to Durban, despite the pressures of of new dialogue between representatives of work. Your presence here and the fact that these different social groups. The seminars also some delegates have a relationship with the assist us in outlining to our friends KAF’s basic Foundation dating back several years, is evi- values and objectives, within the framework of dence of your support for the goals KAF is pur- development cooperation. suing in South Africa. 2. CHALLENGES FACING AFRICA 1. SCHOLARSHIP PROGRAMME AND As we all know, the countries of sub-Saharan FOLLOW-UP SEMINARS Africa face great challenges. There are signs of Each year, KAF – in particular its Department hope; for example, the recent elections in South for International Cooperation – provides some Africa and Malawi which will contribute 140 scholarships in developing countries, as towards strengthening stability, peace and well as up to 80 scholarships associated with development. As President Thabo Mbeki said further professional training and research in the in June this year: “We see the dawning of the Federal Republic of Germany for participants dawn”. However, there are also the shadows of from central, eastern and south-eastern Europe, regional wars in central Africa which is deter- the former Soviet Union and central Asia. ring further development in many countries. With the aim of reestablishing contact with By means of its scholarship programmes, the guests and participants who have attended KAF seeks to support people who are searching these respective programmes, KAF conducts for solutions to political, social and economic follow-up seminars at regular intervals, at both problems in their own countries and who are, in regional and national levels. These two- to their own particular way, contributing towards three-day seminars are intended to provide a finding solutions to these conflicts. meeting platform and to keep our friends KAF’s host countries within the sub-Saharan informed about developments within KAF, in African region suffer from a number of politi- the Federal Republic of Germany and in cal problems which call for substantial solu- Europe. In addition, the participants have an tions. The example of South Africa shows that opportunity to hear about our project activities only a well-balanced constitution that takes in their respective countries. into consideration all social groups and inter- During the past years, we have even ests can provide a suitable basis for the 21st increased the number of follow-up seminars. century. For example, Zimbabwe’s constitution

75 Plesch still widely reflects the spirit of colonialism. countries the percentage of the poor exceeds This constitution defines the relationship 70%. This situation is dire and leaves no room between state and society in an unsatisfactory in which to change these conditions. In order to manner and Zimbabweans have realised that achieve a noticeable growth in economic devel- because a constitution of this kind cannot be opment, the roles that civil society and the improved upon, a totally new one has to be for- economy play have to become much stronger. mulated. In the end, all development programmes found- We are concerned that a number of parlia- ed on a laissez-faire attitude towards society ments in sub-Saharan Africa still define their will not result in the well-balanced develop- role in government as that of “yes-men” and ment of a country. barely develop their own dynamics or initiative. KAF has always based its programmes on a Attempts to change this situation are limited to few key elements of the market-oriented econo- merely rejecting government initiatives. A my with the addition of some social aspects. major problem in this context is the lack of an This social component is peculiar to each coun- effective political opposition and an indepen- try. KAF believes that important elements of dent press, as well as the lack of a proper the social market economy are universally understanding of the functions of opposition applicable, namely: and public criticism. Voicing an opinion differ- • A state and the legal system should not only ent from that of the ruling party is by no means permit individuals to carry out economic an unpatriotic act but a legal right and, even activities, but should expect such activities. more, the duty of an opposition. It has been • A balancing of interests between employers shown that progress and stronger dialogue can and employees and a reasonable framework only be achieved when competences are clearly for their activities are indispensable, as well defined. as the provision of social cushioning mechanisms for those individuals who cannot cope 3. ROLE OF THE MEDIA with the rapid changes in society. The media is of utmost importance because of • An effective health care system today the role it plays in supporting social, economic requires a broadly based compulsory health and political change and development. In a insurance scheme, a compulsory pension number of African countries, KAF is engaged scheme for all employees as well as a super- in enhancing the plurality of opinions expressed visory system that obliges the insurer to han- in the media, with an emphasis on grants to dle capital investment and management deci- support the training and education of journal- sions wisely. ists. The aim of the Foundation is to contribute CONCLUSION towards improving the critical perception, inde- These are only a few examples to illustrate the pendence, and expertise of the media system as kinds of far-reaching decisions that will have to a way of promoting democracy. We regard the be taken in the near future by most countries in media as the guardian of democratic develop- this region. Solutions to these problems can ment. only be found if the relevant topics are freely discussed, and if democratic rules are clearly 4. ECONOMIC DEVELOPMENT defined and respected by all those involved in Furthermore, KAF is concerned about the fact the process. that economic development in most of the I would be delighted if this conference countries within the region is clearly lagging offered an opportunity for you and KAF to dis- behind the expectations of citizens. In cases cuss the issues related to the future of South where reliable data regarding the income situa- Africa, as well as to your role as journalists in tion is available, it becomes evident that real the process of promoting democratic develop- income is on a considerable decline. In some ment.

76 Activities of the Konrad Adenauer Foundation in South Africa

Michael Lange

INTRODUCTION we can improve our activities and our interac- On behalf of the Konrad Adenauer Foundation tions with each other. (KAF), I would like to extend a very warm welcome to you all. Since the last follow-up 1. A NEW SOUTH AFRICA WITH NEW workshop held in Cape Town in September CHALLENGES 1996, time has passed quickly and we felt it Throughout the African continent, democracy- important to meet with you again in order to oriented institutions and structures have been up-date all of us, as much on your situation as developing at a remarkable rate in recent years, practising journalists or scholars, as on KAF’s and opportunities to engage in the fostering of developments worldwide. democracy in Africa have widened ever since. During the next two days we will also have South Africa is the latest example of this an opportunity to learn more about KAF’s cur- continental paradigm shift towards democracy rent activities and programmes in South Africa, and political pluralism, which culminated in the Southern Africa and even in Latin America. holding of the first democratic elections in My colleague Frank Priess, who is the director 1994 and in the subsequent promulgation of a of a regional media project, will enlighten us new South African Constitution in 1996. about his programmes and activities in a num- When apartheid fell, South Africa set out on ber of Latin American countries. a most difficult path towards democracy and We also look forward to hearing presenta- prosperity for all its people. The transformation tions from a number of South African media process put in motion will lead the new South experts. Independent Newspaper Media group African “rainbow nation” through difficult ter- foreign editor Peter Fabricius will speak on rain. Previously entrenched and accepted rules “Media in South and Southern Africa” and edi- have changed dramatically and many have tor Beeld Arrie Roussow will speak on “The completely disappeared. People will – for some Internet as a medium for journalism”. Last but time to come – find it difficult to adapt to these not least, Alan Fransman will tackle the issue new conditions. of “The role of the media in an African democracy”. 2. KAF’S AIMS Naturally, we wish to hear from you about KAF wishes to assist in overcoming the legacy your activities and experiences, and to find out of apartheid and has a desire to promote multi- what KAF can do to enhance its activities in party democracy, thereby contributing in a the media sector with regard to its scholarship meaningful way towards the strengthening of programme in South Africa. For that purpose the new democratic dispensation. we have built into the programme sessions for With the conclusion of the second democrat- working groups. ic election in South Africa, complex socio-eco- It is through your ideas, criticism (both nega- nomic and political forces continue to gain tive and positive) and recommendations that momentum. The old apartheid paradigm is

77 Lange waning and a new configuration of political al and provincial levels; policy aspects of local forces is gaining ground. In recognising the government and the training of local govern- profound realignment of political forces cur- ment officials and councillors; civic education rently under way, we wish to establish contacts and democracy training; gender issues; and and engage in cooperation with all new centrist human rights. political forces that thrive to be firmly embed- In each case, we utilise the tools available to ded in the new democratic dispensation and us to further our objectives. These include: share in the fundamental convictions of the international, national and local seminars; the Christian Democratic movement. use of German short-term experts; study tours to While encouraging multiparty democracy by Germany for South African parliamentarians, assisting a plurality of political forces, KAF is and local government officials and councillors; also engaged in assuring free and fair elections. the funding of research programmes; and, where At the same time, it encourages civil society to appropriate, the publication of our series of sem- play an active part in the political and social inar reports and occasional papers. Finally, and lives of their communities, thereby contributing most importantly in regard to this workshop, we to the consolidation of pluralistic structures and also conduct a scholarship programme. to the development of political and societal par- The Foundation’s scholarship programme in ticipation. KAF’s international activities gener- South Africa is designed to support talented ally aim at enhancing democracy and develop- young people who have the potential but lack ment, and promoting dialogue across national the financial means to further their education at and cultural boundaries. Its activities in differ- post-matric level. Since the programme’s ent parts of South Africa have over the years inception we have had more than 70 scholars, grown from being merely of an educational of which many are here today. I would like to nature, into a dialogue between equal partners. thank you for taking the time and the trouble to attend this follow-up workshop. 3. KAF’S PROGRAMMES KAF has recently extended its scholarship KAF currently has wide-ranging programmes programme to encompass post-graduate stu- in different parts of Africa, as well as in South dents in the above fields. The objective is to Africa’s different provinces. The Foundation assist students to analyse effectively, and evalu- has two offices in South Africa: one in Johan- ate the impact of, government policy initiatives nesburg and one in Pietersburg. and to engage in the formulation and evaluation The Pietersburg office assists the provincial of South Africa’s foreign policy. government of the Northern Province in its For that matter, scholarship schemes have attempt to unify the different local administra- been set up with academic institutions such as tions. It provides expertise from Germany and the Institute for Public Management and facilitates training for different groups of gov- Administration (Prof. Peter Le Roux, Univers- ernment employees. ity of the Western Cape) and the South African The responsibility for implementing KAF’s Institute for International Affairs (Dr Greg project activities in KwaZulu-Natal has moved Mills, University of Witwatersrand). from the previous KAF office in Durban Apart from providing scholarships, KAF is (which has closed for financial reasons) to our also interested in remaining in contact with pre- long-time partner organisation, the Institute for vious scholars so as to facilitate ongoing dia- Federal Democracy, under the leadership of logue between them and us on matters of com- executive director, Rama Naidu. mon interest. Annual gatherings are organised Within the framework of the Johannesburg to achieve this goal. office’s Political Dialogue Programme, KAF has since 1992 been cooperating with all the 4. THE MEDIA AND DEMOCRACY new centrist political forces and parties of rele- For the Foundation, the promotion of the “local vance in South Africa, in support of overcom- press” at national, provincial and community ing the system of apartheid and creating a levels is an important political task, as a free, democratic community. diversified and pluralistic media sector is fun- Our projects concentrate on the following damental to the functioning of a democratic areas: constitutional development at both feder- system.

78 Lange

A strong and independent media is one of the Survey results in the US show that: best watchdogs for any democracy. • 88% of the public believe reporters often use The media is of more than ordinary signifi- unethical or illegal tactics to investigate a cance insofar as it supports social and economic story development. Well-trained journalists and edi- • 66% of the public believe that journalists tors are indispensable for social change. often, or sometimes, fabricate stories The political leadership in many African • 88% of Americans believe that the media countries is still grappling with the notion of an sensationalises stories to sell newspapers and independent and critical press. It is therefore to attract larger audiences still a dangerous job to be a journalist. • 78% of those surveyed said there is bias in At least 53 journalists have been murdered the news media “for doing their job” in sub-Saharan Africa in • more than 75% are concerned about the use the past 10 years, according to a statement of unnamed sources and 45% said one should made recently at a conference held in Cape not run a story with unnamed sources Town which examined the dangers faced by • 74% said reporters sometimes, or often, fail journalists. to accurately report major stories Of all the countries in Africa, South Africa • more than 90% said reporters invade people’s has the most advanced constitutional models privacy. and institutions for a free press; imperfect per- I am sure the situation is much better in South haps and not fully formed, but still available to Africa, yet the quest for principles of ethics and those who might find inspiration in them. But conduct for journalists and newsrooms seems to “freedom of the press” has little meaning if be hot on the agenda. It has also been said there are no qualified journalists to ensure a recently that there is a need for a more gender free flow of information to the community. sensitive media in this country, especially when What is needed in South Africa are fiercely reporting on issues that affect or influence gen- independent journalists committed to thorough, der transformation in South African society in impartial and accurate reporting. general and in the media sector in particular. In a recent report from the United States The judgement is out: the South African media (US), a seasoned journalist from South Africa is still essentially run by “old white boys”, and reported a considerable loss of esteem for the I hope Peter Fabricius will say whether he media in the US in recent years. Journalists believes this is really still the case. have “regained” their place alongside used car salesman and estate agents. CONCLUSION After Washington Post reporters Bob Wood- The aim of this workshop is to contribute ward and Carl Bernstein effectively brought towards enhancing the critical perceptions, down US President Nixon in the famous independence and expertise of young journal- Watergate investigation, it seemed everyone ists. Other aims will be to evaluate the scholar- wanted to be a journalist. Nowadays, according ship programme and to discuss issues of impor- to surveys, many Americans believe the media tance to you as journalists. I hope you will find is untrustworthy and a hindrance to democracy. this workshop enjoyable and worthwhile.

79 The Media in Southern Africa*

Peter Fabricius

INTRODUCTION home when the political pressure has dimin- If we exclude its newest member, the Demo- ished. cratic Republic of Congo (DRC) – the former The war in Angola dramatically intensified in Zaire – which may be discounted as it was December into all-out war. The Angolan gov- admitted in an immature state, then all the ernment mounted what it boasted would be a members of the Southern African Development final assault on Unita’s headquarters and was Community (SADC) (excluding Swaziland) brutally repulsed. It has continued to suffer have constitutions which purport to respect reverses as Unita re-occupies virtually all of the freedom of expression and in a few cases, Angolan countryside outside of the major cities explicitly the media; and to the best of my which have been turned into besieged refugee knowledge, even Swaziland joined the other camps. SADC countries in signing the Windhoek The DRC and its SADC allies in its own war Declaration, committing themselves to respect – Zimbabwe, Angola and Namibia – met in press freedom. Luanda to sign a mutual defence pact. Stung by But democracy and constitutionality remain Unita’s retaliation in Angola and backed by fragile in Southern Africa and the events of the much heavier weaponry than it was believed to past year especially demonstrated just how thin have, Angola looked around for someone to the veneer of democracy and constitutionality blame and settled on Zambia. The Angolan really are. ambassador to that country issued a thinly- In the past year we have seen a dramatic rise veiled threat to invade Zambia – as indeed it in military tensions in the region, both internal- had invaded both Congo Brazzaville and the ly and externally. Three SADC countries – DRC – to root out support for Unita. namely Angola, Namibia and Zimbabwe – In Namibia and Zambia dormant secessionist went to war in SADC’s newest member coun- tendencies surfaced, most dramatically in try, the DRC, to prevent President Laurent Namibia’s Caprivi Strip where the so-called Kabila from being toppled by rebels backed by Caprivi Liberation Army fought a pitched bat- Rwanda and Uganda. tle with Namibian security forces last month in Zimbabwe in particular has suffered heavy Katima Mulilo. losses in this war; greater than it has been pre- And a South Africa–led SADC force pared to reveal, according to reports from marched into the mountain kingdom of Lesotho Harare. So much so that it has apparently to put down a mutiny and an incipient coup resorted to burying some of its fallen soldiers after months of turbulence occasioned by the in the Congo, to be disinterred and brought opposition parties’ claims that the ruling Lesotho Congress of Democracy party had *Thanks to Ray Louw, Laura Pollecut and Clive rigged its victory in the May elections. Emdom of FXI and Raashied Galant and other This sudden falling apart of the hoped-for staff at Misa who helped research this paper. zone of peace and sanity in the south of the

81 Fabricius continent, shocked democrats both in the region In general, Berger noted that the media envi- and beyond. And it had very direct repercus- ronment was squeezed rather than freed up, sions on democratic freedoms in the region, and with harassment of media workers by ruling therefore also on the subject of our discussion party supporters in some places, and almost and the topic of my paper, the media in throughout the region, the erosion of the editor- Southern Africa. ial autonomy of journalists working for the still heavily dominant state-owned media. 1. THE MEDIA ENVIRONMENT IS SQUEEZED Berger’s rather gloomy assessment of media In his introduction to the 1998 report on the freedom in the region referred only to the year state of media freedom in South Africa by the 1998 and was written before some of the worst Media Institute of Southern Africa (Misa), head incidents of media harassment and persecution of the journalism school at Rhodes University, which occurred this year. Professor Guy Berger, said: “The true test of media freedom in a society 2. SOME EXAMPLES is during times of high political tension. The Raashied Galant – a researcher at Misa, the year 1998 tested many countries in Misa’s main organisation monitoring media freedom in area of operation and none came out with Southern Africa – says media freedom has flying colours. Sad to say, even some coun- “really deteriorated this year at an alarming tries with greater political stability did not rate,” citing especially recent setbacks in demonstrate great depth in recognising the Angola, Zimbabwe, Namibia and Zambia. democratic importance of unfettered Most of these have been related to the deteri- media.” orating security situation in the region which This was indeed true. The descent into open has created a war psychosis that has threatened warfare placed greater strains on this commit- democratic freedoms generally. ment to democracy than in many cases it was In Angola over the past few months there has able to bear. been a serious clampdown on the media with Berger mentioned harassment by Lesotho several journalists being arrested and interro- soldiers of Lesotho journalists critical of the gated for reporting on the war in a way the gov- South African intervention, Zambian journalists ernment did not like. In particular, several jour- being blocked from covering the treason trial of nalists were picked up and interrogated for run- ex-president Kenneth Kaunda, and then being ning a radio interview with the government’s hit with legal injunctions, physical violence and arch-enemy, Unita leader Jonas Savimbi. outright detention for reports critical of the way On Tuesday31 August 1999, Mauricio the Chiluba government handled Kaunda. He Cristovão, a young journalist working for mentioned too how the DRC war had knock-on Radio 5 – the sports channel on the govern- effects on the information flow in Zimbabwe ment-owned Radio Nacional de Angola – was and a selective news blackout imposed by the gunned down and killed by unknown gunmen Namibian government on the Namibian news- as he returned to his home in the capital, paper in Windhoek and restrictions on reporters Luanda. covering the secessionist strife in Caprivi. Although the police suggested ordinary In addition, Zimbabwe’s efforts to push crime, Secretary General of the Journalists ahead with the Public Order and Security Bill, Association of Angola (SJA), Avelino Miguel, which Berger said retained colonial-style con- described the murder of Cristovao as an assassi- trols on freedom of speech, banning, for nation, adding that it was a clear indication that instance, subversive statements and freedom of the lives of Angolan journalists were in danger association. following threats of violence against them Rather beyond our view here in the deep issued by Information Minister Hendrik Vaal south, Tanzania quietly continued to harass its Neto on 1 June 1999. journalists, especially as a result of the power Between 19 August and 6 September, at least struggle on Zanzibar. Two newspapers were eight journalists in various parts of Angola banned, at least six journalists detained and were interrogated in an apparent government curbs imposed on reporting a treason trial, campaign to discourage commentary and Berger reported. reporting on the civil war. Several independent

82 Fabricius journalists working in war affected areas were In Zambia in March this year, police and sol- particularly affected. diers surrounded and delayed printing and dis- In August Isaias Soares, a correspondent for tribution of the country’s only private daily Radio Ecclesia and VOA in Malange, was paper, The Post. The move came after orders detained for several hours by the local criminal that all journalists from The Post newspaper be investigation department while the chief editor arrested. Up to 13 journalists including Fred of Radio Ecclesia, Paulo Juliao, was interrogat- M’embe were searched, detained or forced into ed by agents of the “selective crimes” section hiding during the same period. of the DNIC in Luanda. He was asked to reveal They were all charged with espionage and are the names of the people who provided informa- all out on bail, pending the start of their trial. tion to the independent bi-weekly Folha 8. Their offence was to write and publish a report Juliao told Misa-Angola that he was interro- questioning whether Zambia was capable of gated for more than three hours in connection withstanding a military attack from Angola. with an article in Folha 8 entitled “Government This followed veiled threats by Angola to take closes Ecclesia”. The article included comments military action if Zambia did not stop the smug- by sources at Radio Ecclesia on the arrest of gling of supplies to Unita from its territory. five journalists on 9 August and the seizure of In Malawi in July, two journalists – Malawi materials after the station re-broadcast an inter- News editor Horace Somanje and senior view with Unita rebel leader Jonas Savimbi. reporter Mabvuto Banda – were arrested and Juliao was among those arrested at the time. charged for allegedly inciting the Malawi army In Zimbabwe, on 12 January Mark Chavun- to take over the country. It followed a report duka, editor of the Standard, was arrested by which appeared in the Malawi News on 19 June military police and detained at Cranborne bar- which quoted demonstrating opposition sup- racks after his newspaper published a story porters calling for the army to take over the which said that 23 army officers had been country because President Bakili Muluzi and arrested for plotting a coup. his United Democratic Front had rigged the 15 Chavunduka’s lawyer and family were June elections. denied access to him. A High Court order for To its credit, the Malawi High Court ordered his release was obtained on the grounds that the that criminal investigations be suspended until military had no right to arrest him, but the per- the court rules on whether the case should pro- manent secretary for defence ignored the order. ceed. On 19 January senior reporter Ray Choto of The judge said the charges brought against the same paper was also taken into custody by them were inconsistent with the constitutional the military police. The two were subjected to provisions guaranteeing freedom of the press torture in prison. On 21 January they appeared and expression. in court and were charged with breaching sec- Tanzania took drastic action against the daily tion 50(1) of the Smith-era Law and Order newspaper, Majira, banning it on 22 July for Maintenance Act. Section 50(1) forbids anyone carrying a story about a cabinet minister’s pay from making or publishing a false statement rise which mistook annual salaries for monthly which “is likely to cause fear, alarm or despon- salaries. The ban was only lifted a week later dency among the public or any section of the after a front-page apology. One could cite other public or is likely to disturb the peace”. less dramatic examples from other countries. The penalty may be a prison sentence of up to seven years. The two journalists have since 3. WHAT IS TO BE DONE ABOUT THIS? challenged the charges on the grounds that sec- It is hard to say. The close correlation between tion 50(1) contradicts the free speech provision increased militarism and infringements of in section 20 of the Constitution. media freedom indicate how difficult the prob- The case has had other legal ramifications lem is to deal with. Attacks on press freedom including contempt of court charges against are not isolated. They are part of a comprehen- senior defence officials for disobeying the court sive and complex regression into authoritarian- order to release the journalists. The government ism, the causes of which go beyond the scope seems to have conveniently ignored these of this paper. If one considers Zimbabwe for charges. All these cases remain pending. instance, it is very difficult to try to sort out the

83 Fabricius proper causal relationship among the various the media a temporary reprieve from the de- regressive moves by the government during the mands of section 205 of the Criminal Proce- recent past; its poorly judged interventions into dures Act which obliges journalists to identify the economy, its even more poorly judged mili- their sources of information, if this is required tary intervention into the Congo and its harass- as evidence in a criminal case. The case here ment of the media. Perhaps the deteriorating was the public killing of gang leader Rashied economy was the primary problem. Some Staggie. The application of the section is being observers believe that Mugabe entered the DRC suspended while it is being reviewed by higher war to seek natural resources to replenish his courts. deteriorating budget. These victories are important and place us in One way of trying to tackle the problem of a different class from the rest of the region. But attacks on the media was attempted during the we should not grow too complacent. There are, past year by Misa and the Human Rights Watch however, some flickering lights of warning that in Zambia where they issued an appeal to the should be heeded. They mainly concern the International Monetary Fund (IMF), the World complex issue of race and the media. South Bank and donor countries not to renew Zam- Africa is almost unique in the region – save to a bia’s vitally needed foreign grants and credit much lesser extent Zimbabwe – in facing the unless it reversed its attacks on The Post. It is difficult challenge of diversifying the media at not clear how much impact this appeal had. The the same time as fulfilling its traditional watch- biggest factor in the IMF’s decision to withhold dog role over the new democracy. further aid seemed to be economic policy. The two goals are not always complemen- In the end, press freedom in the region will tary. Since the government naturally comprises probably depend on the outcome of the efforts mostly black individuals, it is easy for critics of being made by President Mbeki and others to the press to construe as racist, robust investiga- bring peace, and hopefully prosperity, to the tive journalism into corruption and inept gov- region. ernment, when conducted by the largely white- owned media. 4. SOUTH AFRICA Even when this is done by black journalists, The struggle for press freedom in South Africa the government has not been ashamed to char- is being conducted on an entirely different ter- acterise them as doing the racist dirty work of rain, certainly at first glance. It is essentially a their white masters for fear of losing their jobs first world theatre. The issues include the right – the argument used most notoriously by ex- of sources to remain anonymous, whether or President Mandela. not journalists have to prove absolute accuracy Most black journalists to their credit reject of their reports to avoid defamation liability and this charge. But there are some warning signs in whether or not an exhibition of photographs of the current acrimonious debate about who is an naked children constitutes child pornography. African, which got caught up with the accusa- And the Open Democracy Bill was intro- tions against Land Bank chief Dolny – that duced a few years ago, with the intention of some senior black journalists are indeed accept- granting South Africans first world standard ing the argument that much of the investigative rights of access to public information. By journalism we have seen since 1994, is racially regional standards, these issues are esoterica. motivated. And the South African media have scored More disturbing perhaps is the fact that an victories even in this refined and advanced area official body, the Human Rights Commission this year. In the Bogoshi judgement, Judge (HRC), has taken up the cudgels with its Hefer relaxed the defamation strictures against announced inquiry into racism in the media. media in the common law to the point of allow- We must recall that this was inspired by a coming a journal to get away with some factual plaint from black professionals at the Mail and errors in its accusations against a plaintiff, so Guardian as well as a Sunday Times investiga- long as the general thrust of the charges are cor- tion of government corruption which revealed rect and justified in the public interest. Cape “subliminal racism” because they targeted journalists including two of my colleagues, mainly blacks. Moegsien Williams and Ryland Fisher, won for It is possible this inquiry will be beneficial in

84 Fabricius helping to remedy such racism as may exist in a list of some 40 pieces of legislation from the the media as elsewhere in society. But the old apartheid era still on the statute book, which Freedom of Expression Institute (FXI) has infringe the constitutional right to free expres- rightly warned about the dangers of the very sion, and is campaigning to have those invasive rights of search and seizure which the repealed. commission commands, and the danger that its The thinking is not that these organisations recommendations might lead to legislation suspect that the government is deliberately restricting press freedom in the name of non- keeping these acts on the statute book, but that racialism. it is better to remove them now, before the There is a more subtle danger that the com- temptation to use them perhaps arises in differ- mission’s report might turn the public against ent future circumstances. the media. Berger noted in his introduction to Misa’s 1998 report that although press freedom CONCLUSION is of primary interest to journalists, it also helps These are reminders that although basic media defend the freedom of all. Conversely the freedom is far from threatened in South Africa media depend for their freedom on a public today, it cannot be taken for granted and the which values press freedom. If the HRC were work of such organisations as FXI and Misa to turn the public against the media it might remains invaluable. create an environment for restricting press free- These organisations are mindful of what I dom. mentioned before; that Mugabe has used legis- The FXI has already expressed concern that lation drafted by Smith to suppress opposition the Open Democracy Bill tabled some years and to attack journalists such as Chavunduka ago to give effect to the right to freedom of and Choto. This reminds me of a Zimbabwean public information for the individual, has been journalist at a Commonwealth media confer- successively watered down in several subse- ence in 1995, who warned his South African quent versions, suggesting a waning govern- colleagues not to be taken in by government ment commitment to freedom of information. entreaties to go easy on the new government, The South African Newspaper Editors’ for fear of inadvertently aiding and abetting the Forum and the Centre for Applied Legal enemies of the country: “We fell for that line Studies at Wits University, have also drawn up and look where we are now,” he said.

85 The Legal Situation of the Media: a Comparative Analysis of South Africa, Germany and Latin America

Frank Priess

INTRODUCTION clear (defined) that the objective of any inter- After a long history of restrictions on freedom pretation should be to give each one of the con- of speech that was adversely affected by the stitutional rights the maximum application pos- national socialist regime between 1933 and sible.” 1945, this right – which in reality constitutes Now is not the time to discuss penal norms the basis of democracy – can be found in the for offences, defamation and freedom of the Basic Law of the Federal Republic of Germany press, the norms of professional ethics of jour- (Germany’s Constitution), the articles of which nalists and communication media, or the rights may not be changed by any majority in Parlia- of protection, such as professional secrecy, the ment or by any type of vote or plebiscite. clause of consciousness, etc., which are also Article 5 of the Basic Law states the following: topical issues in Latin America, but I would at 1. All people shall have the right to freely least like to mention the fact that there is no express and defend their opinion in words, unlimited freedom in a society. in writing and in images, and to inform Based on this criterion, it is possible to themselves without restriction via sources derive practically all specific regulations that that are accessible to all. The freedom of are currently in force in Germany and to inter- the press and the freedom of information pret, on the basis of these regulations, the via the radio and cinematography shall be debates on their adaptation. Although we guaranteed. There shall be no censorship. would of course agree on the definitions of the 2. These rights shall be limited by the pro- different declarations and agreements on the visions of general laws, legal provisions protection of human rights, no censure should adopted for the protection of the youth, and impede the freedom of expression, which is the rights of personal honour. amply portrayed by the Basic Law. It also “The notion of ‘laws of general application’”, enforces this freedom upon the state, such as according to Kurt Madlener, “signifies that the the freedom of information, which is something laws in general restrict the freedom of media, else and goes further. Furthermore, it forces the but that on the contrary, laws that have the spe- state, with decisions of Germany’s Constitu- cific aim of limiting this freedom, are unconsti- tional Court, to form a legal system for the tutional.” In order to clarify this, Madlener implementation of these rights, thus completing mentions the example of the protection of hon- a very active paper. This has several different our, which occupies the same rank in the con- aspects: stitution, wherein Art. 1 paragraph 1 states: “The dignity of man is intangible. The 1. PLURALISM respecting and protection thereof shall be Within the scope of the traditional press in the the obligation of all public authorities.” Federal Republic of Germany, there is “exter- As this restriction has to be carried out, nal pluralism” guaranteed by the existence of Madlener says, “it is very debatable, but it is numerous newspapers and magazines. There

87 Priess are currently 140 independent newspapers in tional Court in 1961 substantially clarified the Germany, although many of them have a cer- allocation of authority for radio and television tain regional monopoly. It is basically only in broadcasting between the Federation and the large cities that competition exists between the federal states. The federal states have to set the different local or regional newspapers. There major structural lines for radio and television are anti-monopoly laws, but they cannot pre- broadcasting, the organisation and financing of vent the process of concentration at a regional the public radio and television broadcasting level. In the phase of the highest degree of con- entities, the authorisation of private operators centration (between 1954 and 1976), the num- and the essential standards for the contents of ber of newspaper offices of independent news- programmes in accordance with constitutional papers in Germany decreased from 225 to 121 principles. For its part, the Federation has, for units (46.3%) whereas the print runs in the example, competence for standards regarding same period increased by 42%; in other words, all telecommunications questions, including the from 13.4 million copies of newspapers to 19.1 regulation of transmission techniques for televi- million. The five largest publishing houses in sion programmes, and likewise for copyrights. the country acquired 45% of the market share Through the development of new technologies during this period. In spite of reunification and offers, the individualisation of mass com- there has not been much change up until now. munication via “home shopping and banking”, Nevertheless the selection has been enriched by “video on demand”, etc., there is a new debate the existence of some newspapers in national on this competence. For the moment this has circulation that have different political agendas, been solved by an agreement between the as well as by a very active alternative press. Federation and the federal states in a new But what is even more important is that, since Information and Communications Service Law, the war, a system of radio and television has which came into force on 1 August 1997. been established that aims to distance itself The federal states nevertheless have to agree from the problems of concentration of power. on a common position, and always via the The Constitutional Court came to the conclu- “agreements of the legal system of radio and sion that during these periods there was a very television broadcasting”. Often the interests restricted spectrum of frequencies for radio and between them (without going into detail) are television and, furthermore, transmission and distinct, not only because of the different politi- production costs were so high that only a few cal orientations of the different federal govern- powerful groups would have been able to ments, but also because of their size. Tradition- undertake this transmission. Also, one of the ally, the Christian Democrats are much more essential principles of German radio broadcast- open to private ownership and its development ing is freedom of media before the state. By in the sector, whereas the Social Democrats virtue of the said principle, no state body or insist more on public networks. It may also authority may directly or indirectly influence have something to do with the perception that the content of programmes broadcast on radio the different parties insist on appearing in pro- or television. Due to the neutrality of the state grammes or with the political orientation of with regard to content, this goes far beyond the journalists who, like in other countries, are also prohibition of censorship laid down in Article more left-wing in their voting. Between the 5, paragraph 1 of the Basic Law. public networks of the different federal states Not only is it prohibited to set standards with there also exists an agreement on subsidies for regard to programme content, it is also prohibit- the strongest, weakest or smallest, which due to ed to promote specific programmes or broad- a lack of funds, is currently being questioned casts considered “favourable” to the granting of more and more. state subsidies. Within our understanding of plurality, The principle of freedom of communication regionalisation, decentralisation and representa- media likewise has had repercussions in a per- tion of cultures, is it really necessary for the manent manner on the internal structure of the Sarre or Bremen to have their own public public radio broadcasting entities, whose opera- broadcasters? Faced with the costs, would it not tions have moreover become the responsibility be useful for them to join forces with much of the federal states. A decision of the Constitu- larger neighbours?

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1.1 The control of public networks gramme control committee, which in most Traditionally the Group of Public Radio cases is called the radio broadcasting council, Broadcasting entities of the Federal Republic of and whose responsibility it is to control the Germany (ARD) broadcasts the main television adherence to standards as far as programming programmes, with broadcasts made by all the materials are concerned. entities and transmitted throughout Germany This radio and television broadcasting coun- terrestrially and via cables. Furthermore, the cil must ensure pluralism of opinions within the entities in question transmit terrestrially in their institution and this is why it is made up of rep- respective broadcasting area, legally marked as resentatives of all “socially relevant” groups other regional television programmes, which such as parties, trade unions, churches, reli- are generally given the name of “Third gious communities, women, the youth, sports, Channel”. The public ARD entities also broad- etc. Its main function is to ensure that the pro- cast in their assigned territories simultaneously grammes broadcast by the entity do not only up to a maximum of five radio programmes. and partially reflect the criteria of one group of Thanks to re-broadcasting via cable, the pro- the population or political tendency. Thus, cor- grammes of the different public entities may responding to “external pluralism” reflected in also be tuned in to from other federal states. At the range of print media available, there is a later stage the following entities were found- “internal pluralism” within the public broad- ed: casting stations by representatives of socially Second German Television (ZDF) is jointly relevant groups of society. headed by all the federal states. Like the First The financing of these broadcasting stations Programme, most of the Third Channels may is ensured in part by publicity, which in a cer- also be received via satellite. The ZDF only tain manner is limited (by minutes per hour, broadcasts television programmes. Since last there is no publicity after eight at night, nor on year the ARD and ZDF have been jointly broad- Sundays, programmes may not be interrupted casting monographic programmes, “Kinder- by publicity, etc.), and for the other part by kanal” (children’s programme) as well as the compulsory contributions of all the radio listen- events and documentation channel “Phoenix”. ers and TV viewers. As the networks are oblig- Furthermore there is the international Ger- ed to reflect political, social and cultural plural- man television and radio broadcasting “Deut- ism in their programmes, these contributions sche Welle” which is close to the national radio guarantee a fixed flow and a certain indepen- broadcasting programme “Deutschlandradio”, dence from the slavery of rating in the search the only entity under the auspices of the for more publicity income. A problem arises Federation. here as private broadcasters have entered into Such public radio broadcasting entities of the the market – I will explain later. It is important federal states are public law institutions. In to mention that with these networks there is a other words, they are public bodies constituted “basic supply” of information, orientation and by virtue of the law of the federal states or by upkeep guaranteed on a plural basis which is agreement between the said parties, whose not dependant on the laws of the market. functions and structures are set by the legislator Technology has advanced and since 1985 of the respective federal state. They therefore there are also completely private networks do not constitute, for example, capitalist com- operating as competitors across the radio and panies under the auspices of the state. television spectrum in Germany, and they have Although there may be differences in details, subsequently captured a substantial part of the the legal structure of public radio broadcasting market. entities follows a certain basic structure: at the “The citizen,” says Barthel Schölgens, “now head of the institution is a manager who is sole- has an electronic variety which is almost as ly responsible for the programmes broadcast by large as the area of the written press. This vari- the respective entities. Management is con- ety contributes to the relativism and discredit- trolled by two bodies: a management commit- ing of each individual broadcasting station. The tee, which in most cases is called the board of influence of each broadcasting station diminish- directors, entrusted with ensuring administra- es more each time with the growth in the num- tion and financial management; and a pro- ber of channels.”

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In any event, the public networks have networks, resulting in people asking why they remained competitive and the private offer is should contribute on a compulsory basis to controlled by “public media entities” at the something that no one wants. A dilemma level of the federal states, which in their com- indeed. position are controlled in the same way as pub- In the public networks in the past years there lic networks. They decide, for example, on the has also been the problem of extreme bureau- granting of licenses to private broadcasting sta- cracy and much influence by the parties in spite tions. Besides, a commission was recently set of their plural/pluralistic structure. With the up to control monopolistic tendencies, which pressure of costs, changes are taking place can intervene when there is the danger that a which in some cases are also expensive and dif- single private owner may, with his broadcasting ficult to reduce. stations, gain control of more than a third of the • With so many private channels throughout television audience. If he has more than 10% of the world there is the problem of producing the audience, he is obliged to introduce “win- sufficiently attractive programmes. Recently, dow” programmes in his broadcasting, pro- costs have been multiplied by broadcasting duced by independent third parties and selected rights, for example Hollywood films. At the by the control bodies. The most controversial same time German and European production protagonists in Germany at present are the is completely insufficient to fill all the hours Kirch and Bertelsmann groups, which in addi- that exist. Furthermore, the costs for qualified tion to their strong representation in free televi- staff and for programme stars – whether for sion, the business of rights, interests in the print films, talk shows or music shows – have risen media, etc., are planning a joint company for enormously. The costs for broadcasting the development of digital television and TV sporting activities have also multiplied. pay channels; a project which also seems to be Financing all this is difficult and is only pos- subject to anti-monopolistic control of the sible via publicity which, due to its quantity, European Union. Faced with the offer of free is beginning to seriously disturb the televi- television in Germany, pay TV channels are not sion viewers in Germany. Even the most pop- as popular as in other countries, but many see ular private broadcasting stations have prob- them as the key market of the future. lems with profitability, not to speak of those The guaranteeing of freedom of information that are less popular. Furthermore, the argu- in this case therefore has two sides: strict con- ment of those, at least in Germany, is always: trol of monopolistic tendencies and an alterna- it is all well and good that we are large on the tive offer through public rights media, in which national market, but in order to compete with the plurality of German society and that of the the giants at an international level, we have to world is reflected, independent of the economic grow even more in our market of origin. The opportunities presented by each programme. voice of Germany in the world would otherwise weaken, leading to varied consequences. 2. PROBLEMS AND CHANGES Clearly, faced with the enormous investments Obviously, there are problems: if the public required due to little knowledge of public channels wish to compete on an equal basis preferences, in the future, companies of a cer- with the private channels, their programmes tain size will be required; but the dangers will become more like those of the competition, thereof should not be underestimated. especially during key hours. In order to have • The image of public networks has always high ratings you have to conform to the tastes been portrayed by their news programmes. of the public/the consumers. This will mean, These require well-equipped editorial offices, many argue, that if these public and private net- with resources for investigations as well as works become more and more like each other, external correspondents. This network gives there will be no reason to finance the public them an advantage over private networks, channels with compulsory contributions. If, on which mostly buy information and films from the other hand, the public channels do not enter international sellers, who obviously cannot into the competition and carry on with their offer the same service as one’s own corre- programming irrespective of the rating, they spondent in another part of the world, and run the risk of their clients changing to private who has the essentials, the knowledge and

90 Priess

knows the environment of his public in ment are classified under criteria for enter- Germany. To maintain pluralism, it will con- tainment, with all their consequences. We see tinue to be important that they are able to a vast increase in the dramatisation and per- maintain this independent offer in the future. sonalisation of political information, and, Concentration, in spite of all legislation in above all, the private lives of important Germany and Europe, is going ahead. An ongo- actors have occupied news slots over and ing argument is always technological progress above programmed debates. In the media, for and jobs: for companies with access to current example, electoral campaigns tend rather to technology, the opportunity to select the place take the form of horse racing, stimulated by of broadcasting and the concentration of its public opinion polls, as opposed to intellectu- staff has increased. With this, the national states al competence for the future of society. The may be pressured, as in other parts of the econ- growing loss of credibility of institutions of omy, into losing sovereignty and the capacity to the democratic state – to which, in spite of all influence with their laws. Nobody wants to lose their values in favour of transparency and such an important sector as telecommunica- control, the media contribute via their inter- tions. Each state is therefore proving to be more nal production logic – is alarming. flexible with regard to the self-declared neces- • We see that on a grand scale companies out- sities of companies. I repeat: it is much easier side of the media industry invest in this area to finance an alternative share via public media and that there are trends showing that this is than to hope that only laws are capable of guar- dangerous for an independent offer. In the anteeing the plurality of offers. Nevertheless, United States, the large national networks are the limits of expansion must be defined for already in the hands of industrial conglomer- public networks, so that a private pluralist offer ates. A network has already officially apolo- may evolve and not be crushed by disloyal gised to the Chinese government for state- competition with networks that have fixed and ments made by one of its sports reporters on compulsory financing. These limits are current- human rights in China and the use of anabol- ly being debated in Germany, especially in ic steroids by Chinese sportsmen, after an view of the hopes of public networks to also official protest by the Ministry of Foreign offer by digital means, channels of special Affairs of that country. I don’t know if this interest. has anything to do with the commercial inter- All the markets as well as the audiovisual ests of General Electric, owner of this net- media are undergoing a process of enormous work, in a growing market. Mr Murdoch pre- change. It is difficult to determine where this vents the broadcasting of BBC programmes will lead us and according to investigations, for from London via satellite, in order not to example into faculties of communication, it is offend the Chinese government and in order neither possible nor is it encouraged to prepare not to place his interests in danger. Also sig- ourselves for these changes in the necessary nificant. On the other hand, large companies form. I also doubt whether there is even suffi- such as Chrysler request the complete review cient scientific evidence to make the necessary of magazines before placing an advert, in decisions at the different levels of society, in order to see whether any messages could the education system or in the political system offend clients of Chrysler, and if this is the itself. case they do not place an advertisement. This could also have grave consequences. 3. TRENDS AND QUESTIONS • It is becoming increasingly difficult to dis- I wish to mention, in general terms, a few tinguish between fact and fiction, when trends and questions that have arisen recently docu-dramas such as “JFK” freely mix the without going into detail: two. It is difficult for the average viewer to • We see that prior to the availability of televi- differentiate between documentation of reali- sion in the area of information, there was a ty and fictitious production, or whether phase of transformation such that a mixture Harrison Ford or Michael Douglas, playing of information and entertainment existed. the role of president of the United States, are “Infotainment” programmes are increasing competing with the real president. For our and programmes not destined for entertain- mental health, fictitious production in itself

91 Priess

seems to be problematic, for example with media. It is essential that the debate on means regard to protection of the youth. Personally of communication does not remain the I am astonished at the amount of “cultural responsibility of experts but that it becomes junk”, violence and horror that is broadcast the subject of attention of society as a whole, on cable television in Argentina, where I and is placed high on the agendas of all sec- live. I believe that this type of programming tors. Hans Mathias Kepplinger once said that affects children and adults – although this is, journalism is the ultimate taboo of journal- of course, not the only cause for the terrible ism, and I think he is right. At some stage, acts witnessed lately and for certain forms of the media and journalism must be the subject juvenile violence. But what if the managers of journalistic investigations. of these programmes are not capable of regu- lating themselves? It is the obligation of CONCLUSION society to defend itself by means of clear The debate is obviously much wider than the regulations that are controlled and carried purely legal discussions faced with the necessi- out. ty to reform laws relating to communication in • We do not lack for information today, a situa- a society. A consciousness must be created. The tion that I fully applaud, but one that is lack- state, however, is constantly faced with the di- ing in orientation. The fragmentation of the lemma of having to regulate, but not too much; public with the news is, to a certain extent, of having to guarantee freedom of information weakening society. More and more we feel and expression, but also of having to bear in informed, but in reality we are drowning in a mind freedom and individual and social rights. sea of isolated news. There is a lack, in large I am convinced that public broadcasters, if sections of the public (starting with the well managed, are the credible answer to youth) of a basic knowledge of how to ade- today’s challenges. I believe that this is a hot quately manage the means of communica- debate throughout the world and that it merits tion, a lack of education in communication reflection.

92 The Internet as a Medium for Journalism

Arrie Rossouw

INTRODUCTION communication. And I would put my case to The Internet has just celebrated its 30th birth- you from that perspective. day – developing from its humble beginnings as Arpanet at the University of California, Los 1. PRESS FREEDOM Angeles, into a massive new medium of com- As an unyielding advocate of the right to free munication which spans the globe and connects speech and press freedom I shall defend the close to 170 million computers. And still there Internet as a medium relentlessly. Looking at are sceptics that doubt the long term viability the state of press freedom on this continent of the Net. there can be no doubt that the Internet is truly I would argue it is wishful thinking to see a “the new hope for Africa”, as Kenyan journal- new millennium without the omnipresence of ism professor Joe Kadhi recently coined it in the Net. One finds those sceptics mainly in his speech at a Freedom Forum technology television and print media circles. workshop on “New media and the Internet in The digital age has dawned on us and the Net Africa”. is here to stay. Its tentacles will infiltrate our For decades, journalists have languished in daily lives in ways unimaginable and will be a jails for telling the truth about official corrup- major threat to the print media in particular. It tion and misrule by dictators, in Africa and will wire or connect everyday households and around the world. “But now, the days when office tools and machines in a network of digi- African dictators could muzzle the press by tal communication that will have a profound owning all the mass media are about to end,” impact on the way we go about our daily lives, Kadhi said. the way we conduct ourselves at work and the The Internet is seen in Africa as a major way we relax in between. In short, it will force for democratic empowerment and the change the way we think and act in the next empowerment of often suppressed journalists. decade and beyond. “Today,” Kadhi said, “courageous journalists The Internet is simultaneously a worldwide can do their exposés freely through the Inter- broadcast platform; a mechanism for the dis- net, enjoying free speech and open access to semination of information as well as a medium information and ideas that were taboo in the for cooperation and interaction between indi- past.” viduals and their computers, regardless of geo- Yes, indeed, the Internet has become a new graphical location. The end of the evolution of platform for free speech, not just in Africa. the Net is not nearly in sight. Recently during the war in Kosovo, ethnic My paper will deal with the Internet as a Albanians kept the world informed of atrocities medium for journalism. I believe there is no committed by the Serbian forces by sending e- question as to whether the Internet is a suitable mail to websites such as CNN.com and BBC or credible medium for journalism; there can be Online. It empowered individuals (who are not no doubt that it is highly suited for the job of even trained journalists) hiding away in base-

93 Rossouw ments and fleeing from Serb forces to act on the 2.3 Accuracy of newspapers vs Internet: global media stage by using a single computer • 15.2% regard Internet as always accurate and a home telephone line. How simple can it • 12.4% regard newspapers as always accurate get. The basics of journalism – report what you see. • 67.1% regard Internet as mostly accurate • 59.7% regard newspaper as mostly accurate 2. CREDIBILITY, ACCURACY AND FAIRNESS Every now and then the question arises as to • 14.4% hardly ever regard Internet as accurate whether the Internet is a credible source of • 23.9% hardly ever regard newspaper as accu- information. Or someone refers to the notorious rate Drudge Report, published on the Net by a man An interesting verdict indeed. It is clear that the who did not care about the ethics of journalism Internet enjoys credibility as a tool for journal- (but who managed single handedly to expose ism. In the United States (US), the Net has the United States’ president’s affair with slightly less credibility (maybe due to the Monica Lewinsky). Drudges on the Net), but not significantly less Drudge is the bogey man to point at the “dan- than newspapers, radio or television. gers” and “unreliability” of information on the Internet. 3. ETHICS Surely one could find thousands of sites on When it comes to ethics on the Net, a few the Net that contain drivel, just as one would issues arise due to the nature of the medium, find print publications that are not worth buying but it is not different from the rules that apply or reading. But as a news source there should to journalism in general. Basically, the same be no reason why the Net version of a print rules apply to journalists on the Net as to those publication or TV service should be regarded as in the print and electronic media. A Net pub- less accurate, less reliable or less fair. To the lisher is just as prone to a libel suit as a newspa- contrary. per editor or TV producer. One has to stick to From research done for News24 by the the truth and obey the laws of the land. School of Communication and Information at When it comes to advertising, the lines begin Potchefstroom University in April 1999, it is to blur considerably. The trend towards spon- significant to note that news on the Internet was sorships and away from banner advertisements regarded as more credible, fair and accurate leaves the publisher of a website far more open than news in other South African media. Let’s to the whims and fancies of the advertiser than look at the results: in the print media. More and more, advertisers demand that the websites they sponsor have the 2.1 Credibility of newspapers vs Internet: “look and feel” of their corporate website (if it • 16.3% always believe Internet exists) or that of the product it advertises. • 8.7% always believe newspapers When News24 created a special website for the Cricket World Cup earlier this year, it was • 58.4% mostly believe Internet approached by two major sponsors. It was • 64.7% mostly believe newspapers agreed to that both would be treated equally in terms of branding and exposure on the site. It • 21.3% hardly ever believe Internet turned out to be very profitable, but a nightmare • 23.7% hardly ever believe newspapers to the designers of the site. Both sponsors demanded that the site’s “look and feel” should 2.2 Fairness of newspapers vs Internet: reflect their brand, which was almost impossi- • 16.1% regard Internet as always fair ble to do. Eventually the site was “divided” into • 7.9% regard newspapers as always fair separate content areas and the two parts were branded differently. • 64.0% regard Internet as mostly fair Under those conditions it becomes almost • 57.0% regard newspapers as mostly fair impossible to carry any news or information that would reflect negatively on the sponsor – • 16.8% hardly ever regard Internet as fair something the ethics purists among us would • 32.2% hardly ever regard newspapers as fair oppose vehemently. Fortunately a situation like

94 Rossouw that was unlikely to arise during the Cricket at Beeld saw the story on News24, it was too World Cup as the sponsors were a car manufac- late to withdraw it from the site. The upgrade turer and a computer games company. process was well under way and all communi- But when it comes to e-commerce the situa- cation with the web server was terminated for tion worsens. For example, a website runs a the time being. book review section. At the end of every review Journalists from England, Australia and New it entices readers to buy the book electronically, Zealand as well as alert local newshounds spot- there and then. No problem so far. But what if ted the story on the web soon after it was post- the website earns commission on every book ed and began calling South African Rugby and bought this way? How credible is the review? Football Union (Sarfu) spokespeople for com- Certainly the temptation would exist to write a ment. The cat was amongst the pigeons. There very positive appraisal of the book in order to was nothing wrong with the story, but for the increase sales (and profits)! absence of Mallett’s comments. The problem On the Net, the distinction between advertis- was that News24 had quoted Beeld as the ing and editorial content gets blurred quite easi- source of the story, while Beeld itself did not ly, but this problem is not unique to the Net. run the story the next day. The way some print publications treat advertor- It could have been worse, though. What if the ial content leaves much to be desired. As long story had contained serious mistakes or libel- as publishers are vigilant this should not cause lous allegations? News24 would have been in serious credibility problems. serious trouble. In Britain recently a French woman was 4. LIBEL allegedly raped by two South African brothers, The rules apply to all mediums equally – do not but they were both released after interrogation defame anybody in public and do not transgress by the police on the grounds that there was not the law. The Net is no exception. The problem enough evidence to press charges. The wom- with the Internet is that one can inflict injury so an’s friend got so upset about the incident that easily and have little means to stop the distribu- he decided to create a personal website to tion of libellous material once it has been post- expose the two alleged rapists. It boiled down ed. In nanoseconds, gossip can travel around to a one-sided public trial on the Net. News24 the globe via e-mail, chat and discussion groups reported on the incident and the existence of the – and the originator of the material has no con- site and questioned the ethics of this kind of trol over it. activity on the Net. When the British police Fortunately the nature of the Net also allows became aware of the site, they immediately one to correct mistakes quite easily, except of pressured the ISP, who hosted the personal course at crucial times when Murphy’s Law website, to close the site down. For the two kicks in. Just after the recent disastrous test brothers there were no means of defence. It was match at Loftus Versveld between the not ethical journalism by any means, but the Springboks and the All Blacks, Beeld wrote a Net afforded an individual the opportunity to story about tension in the Bok camp between “report” on the incident (and to wreak havoc as some Afrikaans-speaking players and their far away as South Africa). English-speaking coach. It was just before evening deadline and the story was already 5. RESEARCH passed on to News24 for publishing on the Net. Many journalists use the Net to do research on I had a look at the story and decided against a wide range of subjects, but not all of them publishing, because springbok coach Nic know how to do so efficiently and effectively. Mallett could not be reached for comment. Too many times people spend hours on the Net The story did not appear in Beeld the next sifting through useless information. This should day, but the message did not get through to be avoided. A good training course to help News24 in time to stop it from posting the journalists with this important task is a good report on the Net before midnight that evening. investment in one’s staff. That was the last story News24 published The Internet is a fantastic tool for journalists before it had to do major hardware upgrades wanting to keep abreast of developments on during the night. When the late-night sub-editor their beat. Gone are the days when one had to

95 Rossouw page through yellowed copies of reports of yes- report and could make up their own minds teryear or wear one’s eyes out reading micro- about the content. This puts much more pres- film. Naspers has an electronic library available sure on the media to report accurately and fair- on the Net dating back to 1987 – a fantastic ly. It also allows newspapers to publish the research facility open to the public free of complete report on its website, something that charge (not for long, though!). In future, all pic- was not possible in print. We can in fact there- tures and captions associated with the reports fore serve our readers much better. will also be available. But it also focuses on the debate over the tra- Already, the night editor and sub-editors have ditional role of the media as fourth estate. I electronic access to all photographs submitted believe the public want their favourite newspa- daily by their photographers, as well as those per to distil from all the happenings every day available through Associated Press, Reuters and the most important and significant news, and Touchline. One simply types in a name and the present that to them in a user friendly format. relevant pictures will appear. Some prefer it in print, others on the Net. But the role of the journalist is not in ques- 6. MORE IS BETTER tion either way. The value of the Net as a distribution channel The alternative is that people will become for lengthy, but very newsworthy, official journalists themselves, sifting through numer- reports was highlighted during the Monica ous “Lewinsky” and “TRC” reports every day Lewinsky scandal last year. Within minutes to stay on top of the news. Whether the print after the release of the report it was made avail- editions of newspapers disappear or not, jour- able on the Net. nalists will always be there to evaluate events CNN.com recorded unprecedented traffic by and statements and try to put it in perspective, people throughout the world wanting to read give fair comment, criticise and inform. the report first-hand. South Africa was not far behind. Last year 7. INTERACTIVE with the release of the Truth and Reconciliation One of the most exciting features of the Internet Commission (TRC) report in Cape Town, is the interactivity it allows with readers or users. News24 was the first site to post the complete Traditionally, editors relied on the letters page to report of five volumes (more than 5000 pages), get daily feedback from customers. There has even before it was available on the official TRC been the odd phone-in where the editor wanted website. It was, and still is, the only version of to know whether his/her readers agree or dis- the report that is searchable and downloadable. agree with the latest political decision. The publishers of the print version of the Nowadays, however, editors get continuous report (selling price of more than R500 per feedback through e-mail, chat rooms, hosted copy) then started pressurising the TRC to chat sessions and discussion groups. The remove the electronic version because it stifled advent of the “quick vote” makes the feedback sales of the costly paper edition. This was done even more precise. On many sites electronic after a few weeks, but thanks to the freedom on votes can be cast as often as one likes, making the Net, News24 and others still have the com- manipulation of results easy. However, on sites plete report available for scrutiny and it is that trace user traffic by planting a cookie, it is accessed daily. possible to deny a user a second vote, making The publication of these reports on the Net the result of such a quick vote more reliable gave rise to the debate on the future role of (but not scientific). This allows for multiple journalism. Critics of the media saw this as the voting on several topics daily. beginning of the end of journalism as it is prac- For the first time, readers of newspapers can ticed around the world. They welcomed the fact express their views freely and whenever they that there was no intervention and “manipula- please. They tend to visit the newspaper’s site tion” of the findings of the report by a journal- more often and soon get caught up in the news ist. That, of course, is a very simplistic appreci- and events on the site. The regular visitors ation of the role of the media in a free society. become members of a virtual community creat- What did change journalism was the fact that ed by the site. All in all it allows for greater more people now had access to the complete participation and user or reader loyalty.

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8. MERGING OF PRINT AND INTERNET ing senior online staff (back) to the print news Most newspapers regard their electronic ver- room to help facilitate the merger of the news sions as separate publications run by staff who operations. This brings valuable new insights are removed from the print newsroom. They into the newsroom and with it a rejuvenation of usually leave the web site to a few young peo- the established processes, sharpening every- ple who show an interest in the online medium. body in their approach to news events. The role Rarely does one find an integrated approach of the newspaper to analyse and interpret the where both the print and online publications are news gets far more emphasis now than before; treated as one. breaking news is left to the online publication. This approach tends to prolong the natural conflict between the two media – one that is 9. QUICK NEWS “updated” only once every 24 hours and the This brings me to the worrying aspect of online other that tends to update news frequently dur- news. It tends to focus more on breaking news ing the day. The online staff tend to regard the and less on analysis and commentary. It is more print staff as rigid in their outlook and stale in like radio in many respects, with brief news their approach. While the print guys see the items on the latest developments. It changes all online geeks as irresponsible and inexperi- the time and the news tends to come and go enced. They are regarded as a serious threat to quite quickly. the print edition and are often denied access to Purists and the more traditional news hacks the newspaper’s copy before the paper is ready warn that this tendency could undermine the for dispatch to the news stands. role of the newspaper as it had been functioning We experienced similar problems at Naspers, for decades in modern democracies; that the but fortunately we are in the process of inte- average reader will become totally lost in the grating the two operations and managing the abundance of news offerings from thousands of conflict between the two media. It is of utmost different (unchecked) sources, or that people importance that there should be synergy will tend to read too narrowly what search between the two. It is necessary to ensure the engines find for them on a specific subject. maximum use of human and other resources to These are indeed valid concerns and should be the benefit of the company. looked at more closely when a newspaper At Beeld, we begin the day with a joint news decides to go online. We cannot afford to planning session, with all the relevant parties reduce our news offerings to juicy bits of news either physically present at the meeting in without also giving context, background, analy- Johannesburg, or by linking our offices in ses and unique perspectives on world events. Pretoria, Sandton and Cape Town by telephone. During that session we plan the day in terms of 10. MULTIMEDIA JOURNALISTS the needs of both News24 (breaking news dur- In the next five years journalist will become ing the day) and Beeld’s edition the next day. multimedia news agents. Owing to the rapid There are no secrets regarding news events, introduction of digital audio and video equip- exclusive stories or sensitive information. We ment they will be thrust into a situation where it play open cards with each other and decide will be expected of them to supply news in real what will be published online and what should time and in different formats. It will change be kept back for the print edition. dramatically the traditional role of reporters and All the print journalists and photographers photographers. The new generation of news also work for the online news service. They workers will have to become one-stop news supply brief news clips and pictures to News24 agents who can supply text, audio and video during the day and write for the print edition as clips to online publications. Future journalists well. As a quid pro quo, the staff of News24 will have to receive the necessary training as regularly supply news or information to Beeld. part of their education at technikons and univer- Beeld often refers to the quick vote or discus- sities. sion groups on News24 and News24 in turn often runs a “teaser” alerting users to an exclu- CONCLUSION sive story to appear the next day in Beeld. With that comes the need to change the way we We are currently in the process of redeploy- look at newspapers. Naspers has made the fun-

97 Rossouw damental decision that it is not in the business development of next-generation flatpanel dis- of publishing and printing newspapers any plays and digital publishing systems suggests more. Shocking, isn’t it? Naspers is now in the that print media can be transformed into even news business. We want to sell news to the more popular and versatile forms of communi- public no matter whether that news comes in cation in the next century. This hypothesis the form of traditional newspapers, in the form requires us to accept, however, that print media of web publications, over the radio, on televi- are not dependent upon pigmented ink and pulp sion, on the next generation of cellular phones, paper or printing presses for their continuing bleepers and personal digital devices or by way evolution.” I tend to agree. of future electronic handheld devices. We will The role of the journalist will stay the same: not get bogged down by the limitations of print. that is, to inform the public and to comment on It is our brave new world. events, to give perspective – whether this is Roger F. Fidler, Professional-in-Residence done in print, in digital format on the Net, on and Adjunct Professor at Kent State University, TV or on radio. in a recent study on the future of newspapers I do not see the Net as a threat to journalism; came to the conclusion that the print media are maybe to the print media, but not to the art of not on the verge of extinction, as many pundits investigating, writing, editing and publishing. are predicting. “On the contrary,” he says, “the Long live journalism.

98 Community Radio Stations as Democratic Institutions

Alan Fransman

INTRODUCTION their issues in their own languages. South The community radio sector was made possible African community radio is, however, not only by the arrival of democracy in South Africa a manifestation of democracy, it also con- and its growth has largely mirrored that of our tributes to the development of our democracy fledgling democracy. Soon after its establish- in two important ways: ment in 1994, the Independent Broadcasting • By law, community radio stations are requir- Authority (IBA) started issuing licences to ed to be structured and operate as democratic community radio stations, the first being Radio institutions. Mantzburg in December 1994. At that stage, • Community radio stations cover democracy- the IBA decided it would tread lightly on this related issues through their programming. unexplored terrain and for this reason, until the The democratic process of community radio end of 1996, the IBA issued only one-year stations is one of the key elements that make it renewable licences. This was followed by the different from any other form of media in the introduction of the four-year licence process country. This factor also makes community which meant that all community broadcasting radio one of the key media agents in South initiatives would have to apply for a four-year Africa that promotes and protects democracy licence. because the community participates directly in At present, there after about 85 community these local level democracies. stations across the country, but the IBA has received a total of 232 applications for the 2. COMMUNITY OWNERSHIP four-year licence. The IBA started issuing four- The concept of community ownership and con- year licences in March 1999 and will continue trol of community stations is often talked about issuing licences from province to province until but not always understood. Ownership and con- the beginning of 2001. Although it is too early trol of community radio stations develop to speculate about the number of stations that through the mechanisms of democracy under will result from this process, each community which the station operates and is illustrated radio station in South Africa inevitably makes a over page. contribution to a culture of democracy in this Ultimately, the station is accountable to the country. community through the annual general meeting (AGM) and community meetings. The board of 1. THE SOUTH AFRICAN COMMUNITY RADIO directors accounts to the community about the MODEL station since they are elected by the communi- In many ways, community radio has confirmed ty, and have been given a mandate to take deci- the arrival of democracy to a number of South sions about the station on behalf of the commu- African communities that now have access to a nity. The board therefore plays a political, gov- tool which was previously only operated by the ernance role in the station and hands over the state. This tool can be used for talking about responsibility of running the station to the man-

99 Fransman

for those who participate. It helps communities The community radio process understand the complexities and the mecha- CONSTITUTION nisms of a democratic process and raises their consciousness around the broader issues of democracy in the South Africa. COMMUNITY

Accountability through: 4. THE IMPLICATIONS OF MANAGING THIS • Annual General Mandate MODEL Meeting The AGM is the cornerstone of the community • Community meetings radio station’s democratic process and yet it is • Narrative report the headache of almost every station. It is an • Financial report expensive exercise for stations that sometimes barely survive from one month to the next. Line BOARD OF DIRECTORS (elected) items for an AGM include: • an audited financial report Accountability through: • sufficient copies of the constitution, narrative • Board meetings Responsibility report and financial report • Management reports • venue hire • refreshments for those attending. Stations based in large communities have to think of a venue that is accessible to most sec- MANAGEMENT (appointed) tors of the community. The situation is complicated further in that Accountability through: stations usually do not start out with democrati- • Staff meetings cally elected boards and it is difficult to move • Departmental meetings Responsibility from a governing structure that one had a hand • Departmental reports in forming, to one that will be selected by people one hardly knows. The new board might not understand its role and might end up interfering with the manage- STAFF (appointed) ment of the station. The above-mentioned issues have led to a agement and staff they have appointed. The reluctance by some stations to hold AGMs. highest authority over the station is, however, Since they are required by law to do so, the reg- the constitution. It determines the manner in ulator (IBA) must then remind the station and if which processes are conducted and prevents the necessary pressurise it to hold its AGM. situation from becoming anarchic. A number of stations have designed creative solutions to these problems: 3. THE MODEL’S CONTRIBUTION TO DEMOCRACY • The AGM is planned for well in advance and Although communities participate in other its related expenses are included in the annual community based structures such as policing budget. forums, community radio stations are far more • Constituent representatives of different sec- accessible and have a daily, dynamic presence tors of the community participate in the in their respective communities. AGM. The understanding and ability of a communi- • In some cases, the constitution ensures that ty to hold such an omnipresent institution some members of the old board are carried accountable is a profound step towards building over into the new board for continuity pur- a culture of democratic participation in a soci- poses. ety that has largely been taught to accept what • Election of the board takes place at several is dished out to it. different meetings held in different parts of This opportunity (of holding the station the community. accountable) presents itself at least once a year • An induction workshop is held for newly and provides an important learning experience elected board members.

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CONCLUSION up this challenge and many have developed The survival of a democracy is ultimately solutions to address the issue. dependent on whether the broader populace The more stations think of creative ways to values and protects it. This culture of valuing encourage and support the community’s partici- and protecting democracy should start at local pation in its democratic processes, the more level and community radio stations are playing they contribute to a healthier democracy in our an important role in promoting this culture country. As these activities unfold throughout through their own, local level democratic the year and in various parts of South Africa, processes. The administration of the mecha- community radio stations are making inroads nisms of democracy in community radio sta- into fighting apathy which is the greatest threat tions is a difficult task, but stations must take to democracy.

101 STATUTES OF THE REPUBLIC OF SOUTH AFRICA – RADIO Independent Media Commission Act No. 148 of 1993

(Assented to 18 October 1993) (Date of Commencement: 12 January 1994) Afrikaans text signed by the State President as amended by Electoral Amendment Act No. 1 of 1994 (with effect from 28 March 1994 – see title ELECTIONS)

12. Disclosure of conflicting interests ACT 13. Proceedings of Commission not invalid To establish a body to be known as the in certain circumstances Independent Media Commission for the pur- 14. Staff of Commission pose of ensuring, during the period of the first 15. Establishment of committees of national election for the National Assembly Commission and other legislatures under the Constitution to 16. Appointment of experts be held after the commencement of this Act, 17. Powers and functions of Commission the equitable treatment of political parties by 18. Prohibition on broadcasting of party broadcasting licensees and that State-financed election broadcasts and political publications and State information services do advertisements except in certain not advance the interests of any political party; circumstances to define the composition, powers, functions 19. Party election broadcasts on sound and duties of the said Commission; and to pro- broadcasting services during election vide for incidental matters. period 20. Political advertising on sound ARRANGEMENT OF ACT broadcasting services during election Section Subject Matter period 1. Definitions 21. Equitable treatment of political parties 2. Establishment of Independent Media by broadcasting licensees during Commission election period 3. Primary objects of Commission 22. State-financed publications and State 4. Constitution of Commission and information services appointment of Commissioners 23. Hearings 5. Persons qualified to be commissioners 24. Orders and recommendations of 6. Persons disqualified from being Commission commissioners 25. Expenditure in connection with 7. Term of office for commissioners functions of Commission 8. Removal from office 26. Reporting responsibility of Commission 9. Vacancies in Commission 27. Offences and penalties 10. Remuneration and allowances 28. Delegations 11. Meetings of Commission 29. Limitation of liability

111 Independent Media Commission Act No.148 of 1993

30. Regulations of any power, function or duty conferred or 31. Extraterritorial extension of imposed upon the Commission by or in terms Commission’s jurisdiction by agreement of this Act, includes any committee of the between Republic and any state or Commission acting under a delegation or territory previously part of Republic authorisation in terms of section 28; 32. Application of Act in respect of certain “commissioner” means any member of the private broadcasters licensed elsewhere Commission referred to in section 4(1); 33. Application of Act in event of conflict “committee” means a committee established with other laws and appointed in terms of section 15; 34. Dissolution of Commission, and “community” includes a geographically cessation of Act founded community or any group of persons or 35. This Act binding on State and State sector of the public having a specific, ascertain- President able common interest; 36. Short title and commencement “community broadcasting service” means a broadcasting service which – 1. DEFINITIONS (a) is fully controlled by a non profit entity and In this Act, unless inconsistent with the context – carried on for non-profitable purposes; “Authority” means the Independent Broad- (b) serves a particular community; casting Authority established by section 3 of (c) encourages members of the community the Independent Broadcasting Authority Act, served by it or persons associated with or 1993: promoting the interests of such community “broadcasting” means a form of unidirec- to participate in the selection and provision tional telecommunication intended for the pub- of programmes to be broadcast in the course lic or sections of the public or subscribers to of such broadcasting service; and any broadcasting service having appropriate (d) may be funded by donations, grants, spon- receiving facilities, whether carried by means sorships or advertising or membership fees, of radio or any other means of telecommunica- or by any combination of the aforemen- tion or any combination of the aforementioned, tioned; and “broadcast” shall be construed according- “complainant” means an aggrieved political ly: party contemplated in section 23(2); “broadcasting licence” means a licence “Constitution Act” means the Constitution granted and issued by the Authority in terms of of the Republic of South Africa Act, 1993; the Independent Broadcasting Authority Act, “election” means the first election which, 1993, or deemed by that Act to have been so after the the commencement of this Act, is con- granted and issued to a person for the purpose ducted in terms of the Electoral Act, 1993, for of providing a defined category of broadcasting the National Assembly or any other legislature service; contemplated in the Constitution Act; “broadcasting licensee” means the holder of “election period” means the period com- a broadcasting licence; mencing on the day immediately following “broadcasting service” means a single upon the closing day determined under the defined service which consists in the broadcast- Electoral Act, 1993, for the submission of lists ing of television or sound material to the public of the nature referred to in the definition of or sections of the public or to the subscribers to “political party” in this section, and ending on such service, and includes the broadcasting of the day immediately following upon the disso- text; lution of the Independent Electoral Commission “chairperson” means the chairperson of the in terms of section 9 of the Independent Commission referred to in section 4(1)(a) and Electoral Commission Act, 1993; includes any commissioner acting in the stead “Independent Electoral Commission” of the former in accordance with the provisions means the Independent Electoral Commission on section 11(2); established by section 2 of the Independent “Commission” means the Independent Electoral Commission Act, 1993; Media Commission established by section 2 “party election broadcast” means a direct and, in relation to the exercise or performance address or message broadcast free of charge on

112 Independent Media Commission Act No.148 of 1993 a broadcasting service and intended or calculat- designed or adapted to be capable of receiving, ed to advance the interests of any particular by radio, the transmission broadcast in the political party; course of a broadcasting service and reproduc- “political advertisement” means an adver- ing them in the form of sounds, but not also in tisement broadcast on a broadcasting service the form of images or visible signs or signals; which is intended or calculated to advance the “State” includes the government and admin- interests of any particular political party, for istration of any self-governing territory contem- which advertisement the relevant broadcasting plated in the Self-Governing Territories licensee has received or is to receive, directly or Constitution Act, 1971 (Act No. 21 of 1971); indirectly, money or other consideration; “State-financed publication” means any “political party”, except in the case of sec- newspaper, book, periodical, pamphlet, poster tion 3(2), means any registered party as defined or other printed matter, or any other object in or in section 1 of the Electoral Act, 1993, or any on which sound has been recorded for reproduc- alliance of such registered parties (as the case tion, which is wholly or partly financed by the may be) which, for the purpose of any particular State for the purpose of the promotion of State election, has, before the commencement of the policy or the policy of a department of State; relevant election period, submitted its list of “State information service” means the candidates for the National Assembly or other South African Communications Service and legislature contemplated in the Constitution Act; includes any other service, organisation or body “prescribed” means prescribed by regulation which provides information services of a simi- in terms of section 30; lar nature and is directly or indirectly controlled “private broadcasting service” means a by the State; broadcasting service operated for profit and “telecommunications” means any system or controlled by a person who is not a public method of conveying signs, signals, sounds, broadcasting licensee; communications or other information by means “public broadcasting service” means – of electricity, magnetism, electromagnetic (a) any broadcasting service provided by the waves or any agency of a like nature, whether South Africa Broadcasting Corporation in with or without the aid of tangible conductors, accordance with the provisions of the from one point to another, and the derivative Broadcasting Act, 1976 (Act No. 73 of noun “telecommunication” shall be construed 1976); accordingly; (b) a broadcasting service provided by any “television broadcasting service” means a other statutory body; or broadcasting service consisting in the sending (c) a broadcasting service provided by a person of visual images or other visible signals, who receives his or her revenues either whether with or without accompanying sounds, wholly or partly from licence fees levied in where the visual images are such that sequences respect of the licensing of persons in rela- of them are seen as moving pictures; tion to sound radio sets and in relation to “television set” means any apparatus television sets, or from the State, designed or adapted to be capable of receiving and shall include a commercially operated transmissions broadcast in the course of a tele- broadcasting service provided by a person vision broadcasting service; referred to in paragraph (a), (b) or (c) of this “this Act” includes any regulations made definition; from time to time under section 30; and “radio” means an electromagnetic wave “Transitional Executive Council” means propagated in space without artificial guide and the Transitional Executive Council established having a frequency lower that 3000 GHz; by section 2 of the Transitional Executive “respondent” means any broadcasting Council Act, 1993. licensee, publisher or State Information service contemplated in section 23 (2); 2. ESTABLISHMENT OF INDEPENDENT MEDIA “sound broadcasting service” means a COMMISSION broadcasting service intended to be received by (1) There is hereby established a juristic person a sound radio set; to be known as the Independent Media “sound radio set” means any apparatus Commission, which shall exercise and per-

113 Independent Media Commission Act No.148 of 1993

form the powers, functions and duties con- (2) At least two of the commissioners shall ferred and imposed upon it by this Act. have experience in the filed of the broad- (2) The Commission shall function without any casting media and at least one in the field of political bias or interference and shall be the printed media. wholly independent and separate from the (3) The commissioners shall – State, the government and its administration (a) be persons who, in the opinion of the or any political party, and from any other Transitional Executive Council, are of functionary or body directly or indirectly high standing and merit and are suited to representing the interests of the State, the serve on the Commission by virtue of government or any political party. their qualifications, expertise and experience; 3. PRIMARY OBJECTS OF COMMISSION (b) be persons who are committed to fair- The primary objects of the Commission shall ness, freedom of expression, the right of be – the public to be informed and openness (a) to ensure equitable treatment of all political and accountability on the part of those parties by broadcasting services; and holding public office; (b) to ensure that State-financed publications (c) when viewed collectively, represent a and State information services are not, broad cross-section of the population of directly or indirectly, used to advance the the Republic; and interests of any political party, whether (d) be persons who are committed to the directly or indirectly, objects and principles of this Act. during the election period, so as to promote and contribute towards the creation of a climate 6. PERSONS DISQUALIFIED FROM BEING favourable to free political participation and a COMMISSIONERS free and fair election. (1) A person shall not be appointed or remain a commissioner if such person – 4. CONSTITUTION OF COMMISSION AND (a) is not a citizen of and not permanently APPOINTMENT OF COMMISSIONERS resident in the Republic; (1) The Commission shall consist of – (b) at the relevant time holds, or during (a) a chairperson; and the preceding 12 months held, an office (b) not more than six other members. of profit under the State, subject to the (2) (a) Each commissioner, including the provisions of section 5(1); chairperson, shall be appointed by the (c) at the relevant time is, or during the State President on the advice of the preceding 12 months was, a member of Transitional Executive Council with due the Transitional Executive Council or regard to the provisions of this Act, with Parliament or of any provincial govern- particular reference to the provisions of ment or the legislature of the Republic of section 2(2). Transkei, the Republic of Bophuthatswa- (b) The appointments contemplated in na, the Republic of Venda or the Republic paragraph (a) shall be made simultane- of Ciskei or any self-governing territory, ously, be made known by notice in the or if he or she so is or was a member of Gazette and be effective as from the date any local authority; of publication of such notice. (d) at the relevant time is, or during the preceding 12 months was, an office bear- 5. PERSONS QUALIFIED TO BE COMMISSIONERS er or employee of any party, movement, (1) The chairperson of the Commission shall organisation or body of a party political be – nature; (a) a judge or retired judge of the (e) directly or indirectly, whether person- Supreme Court of South Africa; or ally or through his or her spouse, partner (b) a practising advocate or practising or associate, has a direct or indirect finan- attorney of at least five years’ standing or cial interest in the telecommunications, a magistrate with at least 10 years’ appro- broadcasting or print media industry; priate experience. (f) or his or her spouse, partner or associ-

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ate holds an office in or with or is from three consecutive meetings of the employed by any person or company, Commission without the prior permission of organisation or other body, whether cor- the chairperson, except on good cause porate or incorporate, which has a direct shown. or indirect financial interest of the nature (2) A commissioner shall not be removed from contemplated in paragraph (e); office in terms of subsection (1) except after (g) is an unrehabilitated insolvent; due inquiry, and then only upon a decision (h) is subject to an order of a competent to that effect by the Transitional Executive court declaring such a person to be men- Council. tally ill or disordered; (i) is convicted, after the commencement 9. VACANCIES IN COMMISSION of this Act, whether in the Republic or (1) There shall be a vacancy in the Commis- elsewhere, of any offences for which such sion – person has been sentenced to imprison- (a) if a commissioner becomes subject to ment without the option of a fine; disqualification referred to in section 6; (j) at any time prior to the commencement (b)when a commissioner’s written resig- of this Act was convicted, or at any time nation, tendered as contemplated in sec- after such commencement is convicted – tion 7(2), takes effect; or (i) in the Republic, of theft, fraud, (c) if a commissioner is removed from forgery and uttering a forged document, office in terms of section 8. perjury or an offence in terms of the (2) A vacancy in the Commission shall be filled Corruption Act, 1992 (Act No. 94 of by the appointment of another commission- 1992); or er by the Transitional Executive Council in (ii) elsewhere, of any offence corre- terms of this Act, as soon as may be reason- sponding materially with any offence ably practicable after the occurrence of such referred to in paragraph (i); or vacancy. (iii) whether in the Republic or elsewhere, of any other offence involving 10. REMUNERATION AND ALLOWANCES dishonesty; or Commissioners shall be paid such remuneration (k) is or has been convicted of any and allowances as the Transitional Executive offence under this Act. Council, in consultation with the Minister of (2) For the purposes of subsection (1), “spouse” State Expenditure, may determine. includes a de facto spouse. 11. MEETINGS OF COMMISSION 7. TERM OF OFFICE FOR COMMISSIONERS (1) The meetings of the Commission shall be (1) Subject to the provisions of this Act, the held at such times and places as may be commissioners shall hold office until the determined by resolution of the dissolution of the Commission in terms of Commission whenever necessary so as to section 34(1). conduct its business expeditiously: Provided (2) A commissioner may at any time, upon at that the first meeting shall be held at such least two weeks’ written notice tendered to time and place as the chairperson may the Transitional Executive Council, resign determine. from office. (2) In the event of the chairperson being absent, [Sub.s (2) amended by Proclamation No. 54 of the remaining commissioners shall from 1994.] their number elect an acting chairperson, who, while he or she so acts, may exercise 8. REMOVAL FROM OFFICE and perform all the powers, functions and (1) Notwithstanding the provisions of section 7, duties of the chairperson. a commissioner may be removed from of- (3) The chairperson may at any time in his or fice by the Transitional Executive Council her discretion convene a special meeting of on account of misconduct or inability to the Commission, which shall be held at efficiently perform the duties of his or her such time and place as the chairperson may office or by reason of his or her absence direct: Provided that the chairperson shall,

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upon having been presented with a requisi- ceedings before the Commission it appears tion for that purpose signed by at least two that a commissioner has or may have any commissioners, call for a special meeting, interest which may cause such a conflict of and if the chairperson fails to convene a interests to arise on his or her part: special meeting within 48 hours of such (a) such commissioner shall forthwith and presentation, such two commissioners may, fully disclose the nature of his of her upon the expiration of such 48 hours, con- interest and leave the meeting so as to vene this special meeting. enable the remaining commissioners to (4) The quorum for any meeting of the discuss the matter and determine whether Commission shall be a majority of the total such commissioner is precluded from par- number of commissioners. ticipating in such meeting by reason of a (5) Subject to the provisions of subsection (4), conflict of interests; and a decision of the Commission shall be taken (b) such disclosure and the decision taken by resolution agreed to by the majority of by the remaining commissioners regard- the commissioners present at any meeting ing such determination, shall be recorded of the Commission, and in the event of an in the minutes of the meeting in question. equality of votes regarding any matter, the (3) If any commissioner fails to disclose any chairperson shall have a casting vote in interest as required by subsection (2) or, addition to his or her deliberative vote. subject to the provisions of that subsection, (6) The Commission may, in its discretion, if he or she is present at the venue where a allow members of the public to attend any meeting of the Commission is held or in any meeting thereof. manner whatsoever participates in the pro- (7) (a) The Commission shall cause minutes ceedings of the Commission, the relevant to be prepared and kept of the proceed- proceedings of the Commission shall be ings of every meeting and cause copies of null and void. such minutes to be circulated to all the commissioners. 13. PROCEEDINGS OF COMMISSION NOT (b) The minutes prepared in terms of INVALID IN CERTAIN CIRCUMSTANCES paragraph (a), when signed at a subse- Subject to the provisions of section 12, a deci- quent meeting of the Commission by the sion taken by the Commission or any act per- chairperson, shall in the absence of proof formed under the authority of such a decision of error therein be deemed to be a true shall not be invalid merely by reason of any and correct record of the proceedings irregularity in the appointment of a commis- which they purport to minute and shall, at sioner or a vacancy in the Commission or the any proceedings in terms of this Act or fact that any person not entitled to sit as a com- before a court of law or any tribunal or missioner sat as such at the time when such commission of inquiry, constitute prima decision was taken, provided such decision was facie evidence of the proceedings of the taken by the majority of the commissioners pre- Commission and the matters they purport sent at the time and entitled so to sit and the to minute. said commissioners at the time constituted a quorum. 12. DISCLOSURE OF CONFLICTING INTERESTS (1) Subject to the provisions of subsection (2), 14. STAFF OF COMMISSION a commissioner shall not vote nor in any (1) (a) The Commission shall appoint a suit- other manner participate in the proceedings ably qualified and experienced person as at any meeting of the Commission nor be chief administrative officer for the pur- present at the venue where such a meeting pose of assisting the Commission, subject is held if, in relation to any matter before to its directions and control, in the perfor- the Commission, he or she has any interest mance of all financial, administrative and which precludes him or her from perform- clerical functions and work arising from ing his or her functions as a commissioner the application and administration of this in a fair, unbiased and proper manner. Act. (2) If at any stage during the course of any pro- (b) The Commission shall appoint such

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other staff as it deems necessary with a respect of any committee, and for that pur- view to assisting it with all such work as pose any reference to the Commission shall may arise through the exercise and per- be construed as a reference to the committee formance of its powers, functions and in question. duties in terms of this Act. (7) The Commission may at any time extend, (2) The staff of the Commission shall receive limit or dissolve any such committee. such remuneration, allowances and other employment benefits and shall be appointed 16. APPOINTMENT OF EXPERTS on such terms and conditions and for such (1) The Commission may appoint as many periods as the Commission may determine, experts, including experts from other coun- subject to the provisions of section 34(1). tries, as it may deem necessary with a view (3) In exercising its powers in terms of subsec- to assisting it in the exercise and perfor- tion (2), the Commission shall consult with mance of its powers, functions and duties the Minster of State Expenditure. and for the performance of any work arising therefrom. 15. ESTABLISHMENT OF COMMITTEES OF (2) The terms, conditions, remuneration and COMMISSION allowances applicable to any expert by (1) The Commission shall establish the follow- virtue of his or her appointment in terms of ing two committees, namely – subsection (1), and the work to be per- (a) a broadcasting committee, which shall formed or service to be rendered by virtue assist the Commission in the exercise and of such appointment, shall be as determined performance of its powers and functions in a written agreement entered into for that contemplated in section 17(1)(a); and purpose between the Commission and the (b) a State-financed publication and State expert concerned. information services committee, which (3) Upon having performed the work or com- shall assist the Commission in the exer- pleted the service pursuant to the agreement cise and performance of its powers and contemplated in subsection (2), the expert functions contemplated in section concerned shall submit a report in regard 17(1)(b). thereto to the Commission for its considera- (2) The Commission may establish such other tion. committees for such purposes as it may (4) The Commission, on receipt of the report deem necessary with a view to assisting it in referred to in subsection (3), may refer the the effective exercise and performance of matter back to the expert – any of its other powers, functions and duties (a) for such further attention as may be in terms of this Act. determined by the Commission; (3) The Commission shall from its number des- (b) to perform such further functions as ignate a chairperson for each committee. the Commission may deem necessary or (4) A committee shall have two or more addi- desirable. tional members, as may be determined by the Commission, who – 17. POWERS AND FUNCTIONS OF (a) are not subject to any of the disqualifi- COMMISSION cations of the nature contemplated in sec- (1) The Commission, in order to achieve the tion 6; and objects of this Act, shall – (b) on account of their qualifications, (a) monitor all broadcasting services in expertise and experience in relation to the the Republic and enforce compliance by mandate or terms of reference of the rele- broadcasting licensees with the provisions vant committee, are suited to serve thereof this Act relating to – on. (i) party election broadcasts and politi- (5) Whenever the office of a member of a com- cal advertisements; and mittee becomes vacant, the Commission (ii) equitable treatment of all political shall appoint a person to fill the vacancy. parties; and (6) The provisions of sections 5(3), 10, 11, 12, (b) monitor all State-financed publica- 13 and 25 shall mutatis mutandis apply in tions and State information services,

117 Independent Media Commission Act No.148 of 1993 during the election period in accordance with to the fundamental principle that all politi- the provisions of this Act, and shall exercise cal parties are to be treated equitably. and perform such other powers and functions as (5) A party election broadcast shall not contain may be assigned to it by this Act. any material which may reasonably be (2) The Commission shall inform the anticipated to expose the broadcasting Transitional Executive Council and the licensee to legal liability if it were to be Independent Electoral Commission of any broadcast. matter which has come to its knowledge in (6) A party election broadcast shall comply the exercise and performance of its powers, with a technical quality acceptable to the functions and duties in terms of this Act Commission. which, in its opinion, may have an adverse (7) No party election broadcast shall be broad- impact upon the creation or achievement of cast later than 48 hours prior to the com- a climate favourable to free political partici- mencement of the polling period. pation and the holding of the election on a (8) A private or community sound broadcasting free and fair basis. licensee shall not be required to broadcast party election broadcasts, but if he or she 18. PROHIBITION ON BROADCASTING OF PARTY elects to do so, the preceding provisions ELECTION BROADCASTS AND POLITICAL of this section shall mutatis mutandis ADVERTISEMENTS EXCEPT IN CERTAIN apply. CIRCUMSTANCES No party election broadcast and no political 20. POLITICAL ADVERTISING ON SOUND advertisement shall be broadcast on any broad- BROADCASTING SERVICES DURING casting service except during the election peri- ELECTION PERIOD od and then only if and to the extent authorised (1) A sound broadcasting licensee shall not be by the provisions of sections 19 and 20. required to broadcast political advertisement, but if he or she elects to do so, he or 19. PARTY ELECTION BROADCASTS ON SOUND she shall afford all other political parties, BROADCASTING SERVICES DURING ELECTION should they so request, a like opportunity. PERIOD (2) A sound broadcasting licensee may broad- (1) Subject to the provisions of this section, a cast a political advertisement only if it has public sound broadcasting licensee shall been submitted on behalf of a political party permit a party election broadcast only dur- at the instance of its duly authorised repre- ing the election period and then only if such sentative. a broadcast is produced on behalf of the (3) In making advertising time available to political party in question at the instance of political parties, no sound broadcasting its duly authorised representative. licensee shall discriminate against any polit- (2) The Commission shall determine the time to ical party or make or give any preference to be made available to political parties for the any political party or subject any political purpose of subsection (1), including the party to any prejudice. duration and scheduling of party election (4) A political advertisement shall not contain broadcasts, duly taking into account the any material which may reasonably be financial and programming implications for anticipated to expose the broadcasting the broadcasting services in question. licensee to legal liability if it were to be (3) The Commission shall consult with the rele- broadcast. vant public sound broadcasting licensees (5) A political advertisement shall comply with and all the political parties prior to making a technical quality acceptable to the any determination in terms of subsection Commission. (2). (6) No political advertisement shall be broad- (4) In making any determination in terms of cast later than 48 hours prior to the com- subsection (2), the Commission may impose mencement of the polling period. such conditions upon a public broadcasting (7) This section shall be subject to the provi- licensee with respect to party election sions of any law relating to the expenditure broadcasts as it deems fit, having due regard of political parties during an election.

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21. EQUITABLE TREATMENT OF POLITICAL (3) The Commission may require the publisher PARTIES BY BROADCASTING LICENSEES of a publication referred to in subsection (2) DURING ELECTION PERIOD to provide the Commission with a copy of (1) If, during the election period, the coverage such publication prior to the printing thereby any broadcasting service extends to the of. field of the election and the political parties (4) A State-financed publication shall be sub- and issues relevant thereto, the broadcasting mitted by its publisher to the Commission licensee concerned shall afford reasonable free of charge within 48 hours of the com- opportunities for the discussion of conflict- pletion of the printing thereof. ing views and shall treat all political parties (5) A State-financed publication shall not con- equitably. tain any advertisement or other material (2) In the event of any criticism against a political which is intended or calculated to support party being levelled in a particular programme or advance the interests of any political of any broadcasting service without such party, whether directly or indirectly. political party having been afforded an oppor- (6) The provisions of subsection (5) shall tunity to respond thereto in such programme mutatis mutandis apply in respect of any or without the view of such political party statement, material or advertisement made having been reflected therein, the broadcasting or issued by any State information service. licensee concerned shall be obliged to afford such political party a reasonable opportunity 23. HEARINGS to respond to the criticism. (1) Any political party which has reason to (3) If, within 48 hours before the commence- believe that a broadcasting licensee, the ment of the polling period or during the publisher of a State-financed publication or polling period, a broadcasting licensee con- any State information service has contra- templates broadcasting a programme in vened the provisions of this Act in relation which a particular political party is criti- to such party, and which was unable to cised, the licensee shall ensure that the resolve the matter with the licensee, pub- political party is given a reasonable oppor- lisher or information service (as the case tunity to respond thereto in the same pro- may be), may in relation thereto lodge a gramme, or to do so as soon as is reason- complaint with the Commission. ably practicable thereafter. (2) A complaint contemplated in subsection (1) (4) The preceding provisions of this section shall be in writing and shall be served on shall not apply in relation to the contents of the licensee, publisher or information ser- any party election broadcast in the circum- vice referred to in subsection (1), and be stances contemplated in section 19 and any lodged with the Commission. political advertisement in the circumstances (3) For the purposes of subsection (2), a com- contemplated in section 20. plaint may be delivered by hand or sent by registered post, fax or telex. 22. STATE-FINANCED PUBLICATIONS AND STATE (4) The Commission shall as soon as may be INFORMATION SERVICES reasonably practicable, having due regard to (1) The publisher of any State-financed publi- the urgency of the matter, investigate and cation in existence immediately prior to the adjudicate any complaint received by it and commencement of this Act shall, within 14 shall, in doing so, afford the complainant days of such commencement, submit to the and the respondent a reasonable opportunity Commission the prescribed information to make representations and to be heard in concerning such publication. relation thereto. (2) The publisher of any State-financed publi- (5) The Commission shall determine the form cation which is published for the first time and procedure as regards the adjudication of after the commencement of this Act, shall any complaint. not later than 14 days prior to the proposed (6) The complainant and the respondent shall date of publication submit to the Commis- be entitled to legal representation at any sion the prescribed information concerning hearing held by the Commission for the such publication. purpose of adjudicating a complaint.

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(7) (a) After having considered the com- respondent to have contravened the provi- plaint and the representations (if any) sions of this Act, it may – and evidence in regard thereto, the (a) make an order requiring the respon- Commission shall make a ruling in dent, if he or she – respect of the matter. (i) is a public sound broadcasting (b) Any ruling of the Commission in licensee, to broadcast a party election terms of paragraph (a) shall be published broadcast; in such a manner as the Commission (ii) is a sound broadcasting licensee, to may in its discretion determine. broadcast a political advertisement; (8) Hearings held in terms of this section shall (iii) is a broadcasting licensee, to be open to the public. broadcast another version of the pro- (9) (a) The Commission shall keep records gramme complained of or a counter- of all complaints received by it and of all version of the opinions expressed or its proceedings, rulings and findings in alleged facts stated in such a pro- relation thereto. gramme; (b) The records contemplated in para- (b) order the respondent to pay such fine graph (a) shall be kept in the offices of as the Commission may determine, but the Commission and be open to inspec- not exceeding such amount as may be tion by interested parties during the nor- prescribed in relation to the contravention mal office hours of the Commission. in question; (c) The Commission shall at the request (c) make an order prohibiting the respon- of any interested party and on payment dent from carrying on his or her broad- of such fee as may be prescribed (if any), casting service for such period as the furnish him or her with a certified copy Commission may determine: Provided of or extract from any record referred to that such a prohibition shall not extend in paragraph (a). beyond the day of the dissolution of the (10) With regard to the summoning and exami- Commission in terms of section 34(1), nation of witnesses, the administering of and may, with due regard to the provisions and the oath or an affirmation, recalcitrant wit- objects of this Act, make any other order which nesses and the production of books, docu- it considers appropriate with a view to remedy- ments, objects and materials, the Commis- ing the matter complained of. sion shall have such powers as shall be (2) Where the Commission has made an order prescribed. against a broadcasting licensee in terms of (11) For the purposes of this section, a State- subsection (1)(c) it may, having due regard financed publication and State information to the nature, consequences and gravity of service shall be represented by the official the contravention with reference to which of the State at the head of the State-financ- such order was made, forward a certified ed publication or State information service copy of such order and of the record of its in question. adjudication proceedings relevant thereto, (12) The provisions of subsections (5), (6), (7), to the Authority with a view to the Author- (8), (9), (10) and (11) shall mutatis mutan- ity taking steps against such broadcasting dis apply in relation to any investigation licensee in terms of section 66(5) of the instituted mero motu by the Commission Independent Broadcasting Authority Act, in regard to any suspected contravention 1993. of the provisions of this Act by any broad- (3) In any case where either the publisher of a casting licensee or publisher of a State- State-financed publication or any State financed publication or by any State infor- information service is the respondent, the mation service. Commission shall convey its ruling to the Transitional Executive Council. 24. ORDERS AND RECOMMENDATIONS OF COMMISSION 25. EXPENDITURE IN CONNECTION WITH (1) If the Commission, in making a ruling FUNCTIONS OF COMMISSION referred to in section 23, has found the (1) The expenditure in connection with the

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application and administration of this Act held or in any manner whatsoever partici- and the exercise and performance of the pates in the proceedings of the Commis- powers, functions and duties of the Com- sion, such commissioner shall be guilty of mission, shall be paid out of public funds an offence and liable on conviction to a allocated for that purpose by the Transi- maximum fine of R100 000. tional Executive Council in consultation (b) The provisions of paragraph (a) shall with the Minister of State Expenditure. mutatis mutandis apply in respect of any (2) The chief administrative officer referred to member of a committee. in section 14(1)(a) acting on the authority and subject to the general or special direc- 28. DELEGATIONS tions of the Commission (if any), may from (1) Subject to the provisions of subsection (4), time to time in writing requisition moneys the Commission may in writing – for the purposes contemplated in subsection (a) delegate to a committee any power, (1). function or duty conferred or imposed upon the Commission by this Act; 26. REPORTING RESPONSIBILITY OF (b) authorise a committee to exercise or COMMISSION perform any power, function or duty Without in any way derogating from its inde- assigned to the Commission by this Act. pendence, the Commission shall on a quarterly (2) Any delegation or authorisation under sub- basis report in writing to the Transitional section (1) may be made subject to such Executive Council in regard to its expenditure conditions and restrictions as may be deter- and the performance of its functions in terms of mined by the Commission and may at any this Act. time be amended or revoked by the Commission. 27. OFFENCES AND PENALTIES (3) The Commission shall not be divested of (1) Any person who – any power nor be relieved of any duty (a) wilfully hinders or obstructs the which it may have delegated under this sec- Commission, any committee, any com- tion, and may amend or rescind any deci- missioner, any member of a committee or sion of a committee by virtue of a delega- any member of the staff of the Commis- tion under this section. sion in the exercise or performance of its, (4) The Commission shall delegate any of the his or her powers, functions or duties in powers, functions or duties referred to in terms of this Act; or sections 15, 16, 17, 19(2) and (4), 23, 24 (b) wilfully hinders, obstructs or inter- and 30. rupts the proceedings at any hearing of the Commission, 29. LIMITATION OF LIABILITY shall be guilty of an offence and liable on con- Neither the chairperson, any commissioner or viction to a maximum fine of R5000. any member of a committee nor any expert (2) Any person who contravenes or fails to appointed in terms of this Act or any member comply with – of staff of the Commission, shall be personally (a) any order referred to in section 24, liable for any damage or loss suffered by any shall be guilty of an offence and liable on person in consequence of any act which in good conviction to a maximum fine of faith was performed or omitted in the course of R100 000; the exercise or performance or supposed exer- (b) any other order of the Commission, cise or performance of any power, function or shall be guilty of an offence and liable on duty in terms of this Act. conviction to a maximum fine of R10 000. 30. REGULATIONS (3) (a) If any commissioner fails to disclose (1) The Commission may make regulations, not any interest as required by section 12(2) inconsistent with the provisions of this Act, or, subject to the provisions of that sec- in relation to any matter which in terms of tion, if he or she is present at the venue this Act shall or may be prescribed or gov- where a meeting of the Commission is erned by regulation.

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(2) A regulation in terms of subsection (1) may 33. APPLICATION OF ACT IN EVENT OF CONFLICT declare any contravention thereof or failure WITH OTHER LAWS to comply therewith to be an offence, and In the event of a conflict between the provi- may in respect thereof provide for the impo- sions of this Act and those of any other law, the sition of a fine not exceeding R10 000. provisions of this Act shall prevail.

31. EXTRATERRITORIAL EXTENSION OF 34. DISSOLUTION OF COMMISSION, AND COMMISSION’S JURISDICTION BY AGREEMENT CESSATION OF ACT BETWEEN REPUBLIC AND ANY STATE OR (1) The Commission shall dissolve on the date TERRITORY PREVIOUSLY PART OF REPUBLIC when the Independent Electoral Commis- If the Transitional Executive Council, on behalf sion is dissolved in terms of section 9 of the of the Republic, and the government of any Independent Electoral Commission Act, state or territory which was previously part of 1993, on which date this Act shall cease to the Republic, agree thereto, and a law of such have effect. state or territory provides therefor – (2) All assets, moneys and liabilities of the (a) the Commission may exercise and perform Commission shall on its dissolution in terms in respect of persons and matters in the said of subsection (1) devolve upon the State, state or territory all such powers, functions which shall to that extent for all purposes in and duties as it may in terms of this Act law be deemed to be the legal successor to exercise and perform in respect of persons the Commission. and matters in the Republic; and (b) the provisions of this Act shall for the pur- 35. THIS ACT BINDING ON STATE AND STATE poses of paragraph (a) be deemed to apply PRESIDENT mutatis mutandis in such state or territory. (1) This Act shall bind the State. (2) This Act shall bind the State President in so 32. APPLICATION OF ACT IN RESPECT OF far as he or she shall be obliged to act in CERTAIN PRIVATE BROADCASTERS LICENSED accordance with the advice of the Transi- ELSEWHERE tional Executive Council wherever so pro- The provisions of this Act shall also apply in vided for in this Act. respect of the persons in control of the broadcasting services known as “Radio 702”, 36. SHORT TITLE AND COMMENCEMENT “Capital Radio” and “Trinity Broadcasting This Act shall be called the Independent Media Network” as if such persons were broadcasting Commission Act, 1993, and shall come into licensees. operation on a date to be determined by the Transitional Executive Council, which date shall be made known by the State President by proclamation in the Gazette.

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PRESS LAWS defence against state intervention. At the same INTRODUCTION time Article 5 of the Basic Law guarantees the 1. The constitutional foundations of the institution of the “free press”. Wherever the freedom of the press area of application of an item of legislation In the Federal Republic of Germany the free- touches upon the press, the state is obliged to dom of the press is constitutionally guaranteed take into account the fundamental principle of in Article 5 of the Basic Law. The provision is the freedom of the press. The free founding of worded as follows: organs of the press, free access to professions (1) Everybody has the right freely to in the press and public authorities’ duty to pro- express and disseminate their opinions oral- vide information are principal consequences of ly, in writing or visually and to obtain this. information from generally accessible Article 5 para. 1 of the Basic Law protects sources without hindrance. Freedom of the the entire activity of the press, from the pro- press and freedom of reporting through curement of the information up to its dissemi- audiovisual media shall be guaranteed. nation, provided that it serves journalistic pur- There shall be no censorship. poses. (2) These rights are subject to limitations embodied in the provisions of general legis- 2. Protected rights lation, statutory provisions for the protec- The legal order of the Federal Republic of tion of young persons and the citizen’s right Germany has equipped the press with a number to personal respect. of special protected rights. The prohibition of The Federal Constitutional Court has consis- special taxes or the introduction of other spe- tently found that this basic right is of funda- cial measures against the press deserve particu- mental significance for the freedom of society. lar mention here. No member of the press may According to the Federal Constitutional Court be forced to join a press professional organisa- “a free press, independent of the state and not tion. Furthermore, profession jurisdiction of the subject to censorship, is one of the fundamental press by the press equipped with sovereign elements of the democratic state; in particular, force is not permissible. Free access to profes- a free, regular political press is indispensable sions in the press is guaranteed. The products for modern democracy. In a representative of the press can only be confiscated under spe- democracy the press is both a constant link and cial circumstances. In this connection the right an instrument of supervision between the peo- of members of the press to refuse to testify ple and its elected representatives in parliament must also be mentioned. Anyone involved in and government.” the creation or publication of a periodical print- The fundamental right of the freedom of the ed work (publishers, editors, news editors, jour- press comprises two components. On the one nalists, printers, etc.), may refuse to testify on hand, it gives members of the press a right of the character of the author, the submitter or the

123 Press Laws in the Federal Republic of Germany guarantor of a publication in the editorial part 4. Protection against unjustified attacks by of the printed matter. The Staff Representation the press Act, which governs the internal co-determina- The person affected is not completely defence- tion of employee representation within a com- less against unjustified attacks by the press. pany, only applies to a certain extent in the press. The media are privileged in the area of a) Press Council data protection. In this connection, first of all the German Press Council should be mentioned, a self-monitoring 3. Limits on interventions in the freedom of body of members of the press, which has the the press task of correcting defects in the press system. Even though according to Article 5 para. 2 of Any member of the public who thinks he has the Basic Law freedom of the press is not guar- been unfairly treated by the press can make a anteed without limitation but is rather limited complaint to the council. The decision on by the provisions of the general laws, the provi- whether to pursue this petition is then made by sions of laws for the protection of youth, and by the Council’s Complaints Committee. the right to inviolability of personal honour, the In addition, the Press Council has drawn up a limitation of a constituent right of a free and “Press Code” containing the generally recog- democratic society is not placed at the disposal nised rules of the profession. It has also made a of Federal or Land legislators. large number of recommendations for press The legislator may not in any way impinge practice. These are documented in the upon the substance of press freedom. In a fun- “Guidelines for editorial activity”, which were damental judgement by the Federal Constitu- designed to complement the “Press Code”. tional Court we read: Among the 16 journalistic principles making up “This basic definition of freedom of opinion the Press Code is, for example, “providing the means that it would not be consistent to general public with accurate information”. This leave any qualification of the scope of this is described as the overriding principle of the particular basic right to a simple legal act. press. News and assertions that subsequently The limiting effect on basic rights of these turn out to be incorrect are to be promptly recti- general laws must in turn be seen in the fied in an appropriate manner by the publica- light of the significance of these basic rights tion involved. and must be interpreted in such a way that The publishing of unfounded allegations is their specific value is retained at all cost. “contrary to journalistic decorum”. Respect for The mutual relationship between basic right the personality, private life and intimate sphere and general law is therefore not to be seen of persons is one of the major professional as a unilateral limitation of the validity of duties of the press. Thus, such details may only basic rights by general laws; on the con- be mentioned if private behaviour touches upon trary, there is a reciprocal effect in that, public interests. while the wording of general laws places limits upon basic rights, they in turn must b) The legal course be interpreted in the light of the validity of Legal channels are also open to those involved. these rights in a liberal, democratic society, People have the right to publish a reply to thus themselves being limited in their power assertions of facts made by the press, and this to limit basic rights.” right can be enforced by the courts. This reply Therefore, if this basic right of freedom of the must be printed regardless of its verity should press clashes with the provisions of a general the legal conditions be fulfilled. In addition, if law, contrary to the wording of Article 5 para. 2 the press assertions turn out to be untrue, the of the Basic Law the barrier does not have any victim may demand that they be withdrawn. In absolute priority ahead of the basic right of the particular case of libellous press remarks Article 5 para. 1 of the Basic Law. Much rather, the law allows the victim the right to take consideration between the two contradictory action to restrain interference. This right, unlike legal interests must be made, bearing particular those of reply and withdrawal, not only applies account of the special circumstances (of the to assertions of facts but also to expressions of individual case). opinion. In serious libel cases, according to the

124 Press Laws in the Federal Republic of Germany law, there is also the option of civil proceedings Germany were the model for the Land press to secure damages. laws in the new Federal Länder. Should a press allegation constitute a crimi- The Land legislators wanted to achieve three nal act, for example libel or malicious defama- goals with the Land press laws. First of all they tion (üble Nachrede), the victim, in addition, wanted to create contemporary press legisla- enjoys protection under penal law. In this tion. Above and beyond this, legal unity should regard politicians are strongly protected against be created and ensured for the field of the press damage to their honour. According to Article within the Federal Republic of Germany. Final- 187(a) of the German Penal Code defamation ly, the spirit of freedom in the Basic Law, as it of character, whether in public, at a meeting or has taken shape in Article 5 of the Basic Law by distributed written means, of a person in and the jurisdiction of the Federal Constitution- political life, for reasons connected with his or al Court, should also be reflected in the Land her position, and which may seriously impede press laws. the exercise of that position, shall be punished The most important provisions of the Land by imprisonment. press laws are: An unlimited right to publish is also contrary to Article 131 of the German Penal Code. Ac- a) Public duty of the press cording to this anyone who distributes “any First of all the public duty of the press is one of writings which incite to racial hatred or which the most important provisions of the Land press depict cruel or other inhumane acts of violence laws. In all of the Land press laws this means against persons in such a manner as to glorify that the press exercises a public duty in gather- or deny the wrongfulness of such acts of vio- ing and disseminating the news, taking up lence” is committing a criminal act. stances, criticising or assisting in forming opin- Other laws that limit the freedom of the press ions in any other way. are contained in “political” penal law. These are intended to protect against the betrayal of peace b) The press’s right to information (incitement to an offensive war), high treason All of the Land press laws give the press a right and endangering the democratic state, betraying to information from authorities. This right may the country and endangering external security also be brought before the courts. The Federal (by betraying state secrets). Publications that Republic of Germany, thus, is one of the few fulfil these conditions are not allowed. countries in the world with legislation that recognises such a right to legal information 5. Land Press Laws from the authorities in a law. The Federal Republic of Germany is a federal state. Legislative competence is, in principle, c) The press’s duty of thoroughness divided between the Federal legislator and the The obligation to exercise thoroughness runs Land legislator. In this connection the main parallel with special rights of the press. This focus of legislative competence for the press is represents a commitment to report as truthfully with the Land legislator. Under Article 75 sub- as possible. Every journalist has the duty to para. 2 of the Basic Law the competence of the check the facts at his disposal for truth, content state is limited to issuing decrees on framework and origin, with a professional thoroughness to legislation on the general legal conditions of the be expected of a conscientious reporter. Above press. However, the state has as yet not used and beyond this the press is obliged to keep this power. Press law is therefore largely gov- printed matter free of any criminal content and erned by the Land press laws of the individual not to distribute printed matter containing mat- Federal Länder. These not only govern the ter of a criminal nature. organisation of the press, they also contain key questions concerning press law. d) Imprint In Western Germany the Land press laws The obligation to publish an imprint is one of were created between 1964 and 1966. When, in the most important regulatory duties of the 1990, the two parts of Germany were united, press. The detailed information that has to be Land press laws were soon adopted in the new presented there, is to enable authorities and Federal Länder. The codifications in Western third parties to identify the person responsible

125 Press Laws in the Federal Republic of Germany for the content of the printed work and to prose- press in their work. They perform their journal- cute them under criminal, civil or press law. istic tasks to the best of their abilities and con- That is why each and every published work sciences, uninfluenced by personal interest and must bear the name and address of the printer motives that have no connection to the matter and publisher; periodicals must additionally in hand. carry the name and address of the responsible The journalistic principles of the German journalist or editor. Press Council, which was founded in 1956, define the professional ethics of the press. This e) Duty staff editor comprises the duty of maintaining the standing It is the responsibility of the duty staff editor to of the press and standing up for the freedom of check the legality of the entire material intend- the press within the framework of the constitu- ed for publication and to prevent publication of tion and the laws in line with the constitution. culpable material. It is required of the duty staff editor to acquire personal knowledge of the a) Legal basis of the press’s self-monitoring contents of all matter for publication within his The constitutional framework for the press’s specialised field. It is an infringement of his self-monitoring and, thus, for the work of the duty even to delegate this important responsi- German Press Council is provided by Article 5 bility to other persons. para. 1 of the Basic Law with its individual guarantees as regards basic rights. It ensures f) Classification requirement freedom to express opinions and freedom of The credibility of the press rests on the princi- information, guarantees the freedom of the ple by which clear distinction is made between press, broadcasting and film and expressly a newspaper’s textual content and advertising emphasises the prohibition of censorship. columns. Advertisements must, therefore, be These “basic rights of communication” are clearly marked if their nature as an advertise- countered by other legal positions on basic ment is not already recognisable from a first rights of the constitution. We only need to think glance thanks to their placement or design. of the principle of human dignity contained in Article 1 of the Basic Law, the general right to g) Right to reply personal freedom in Article 2 of the Basic Law Anyone who has been affected by a claim listed and the right for self-determination as regards in the press is entitled to have a reply printed. the information derived from this by the In this connection it is not at all important Federal Constitutional Law, which is also whether the claim in the press is true or untrue. reflected in current data protection legislation. The right to reply is also permissible against But the basic constitutional organisation as well true claims. The newspaper publisher is obliged as the democratic principles restrict the free- to print the reply without comments or omis- dom to express opinions and freedom of the sions in the next issue to be printed after receipt press. General laws, that may have been passed of the reply. The reply must appear in the same to protect these other legal interests, limit the part of the printed work and in the same print as basic rights of communication. Here, we only the text being referred to. need to mention the example of protection of Burkhard Schaffeld1) honour and state security crimes in the Penal Code, copyright law, labour, cartel, taxation 6. The German Press Council law and, naturally, Articles 12, 823 and 1004 of The freedom of the press anchored in the Basic the Civil Code. As “general laws” they, howev- Law of the Federal Republic of Germany er, must be in line with the requirements of includes the independence and freedom of Article 5 para. 2 of the Basic Law, i.e. special information, of the expression of opinions and laws limiting the press would be contrary to the criticism. Publishers, editors and journalists constitution. The Federal Constitutional Court must be aware of their responsibility to the pub- has issued various judgements on the require- lic and their obligation for the standing of the ments of basic rights and has set up a strict cat- 1) Burkhard Schaffeld is a legal advisor to the Federal alogue of criteria. According to this, general Association of German newspaper publishers (Bun- laws, too, must always be worded and applied desverband Deutscher Zeitungsverleger – BDZV). in such a way that they ensure sufficiently

126 Press Laws in the Federal Republic of Germany strong implementation of the basic rights of Chamber with subordinated Land Press Cham- communication. bers which would be organised under public Each of the Land press laws emphasises the law and be subject to the legal supervision of basic principle of the freedom of the press. In the Reich Minister of the Interior or the Land each of the introductory provisions they speci- Minister of the Interior. The draft failed due to fy: “The press is free.” All of the Land press opposition from those concerned and in 1927 it laws contain provisions that are of fundamental was agreed to set up a disciplinary order for the significance for the understanding of a volun- Reich Association of the German Press, which, tary self-monitoring by the press. According to however, did not do any convincing or effective these, special measures of any type that restrict work. the freedom of the press are prohibited and pro- In the Editor’s Law of 1933 the Minister of fessional organisations of the press with com- Propaganda, Goebbels, brought the entire Ger- pulsory membership and a jurisdiction of the man press into line (Gleichschaltung). The asso- press by the press equipped with sovereign ciated total state and party control during the force are not permitted. Nevertheless, the prin- National Socialist period and the negative expe- ciple of professional self-monitoring of the rience with this system were key motives for the press system has been familiar for a long time. above-mentioned guarantees in the Basic Law. Effective self-monitoring makes third party In 1952 the Federal Ministry of the Interior control by the state superfluous and, thus, submitted a draft Federal Press Act, which pro- ensures the freedom of the press from the state. vided for the establishment of a self-monitoring If the professions of the press ensure order in instance in the form of a body under public law. their own ranks themselves, there is no need for Due to the planned state monitoring this draft the state to intervene. Self-monitoring is better met with tremendous opposition from the jour- than state monitoring. nalist and publisher associations and was not This is where the task and the work of the carried through. Following the example of the German Press Council begin. The work of this British Press Council of 1953, the journalist institution of voluntary self-monitoring and the and publisher associations formed the German implementing force of its decisions – also for Press Council on 20 November 1956. the accommodation of the right to personal freedom as well as the procedural guarantees c) Structure of the German Press Council within the framework of the complaint proce- The German Press Council is a non-profit asso- dure – are now generally accepted. The com- ciation (eingetragener Verein, e.V.) in accor- plaint’s work related to individual cases does dance with the Civil Code and thus a legal per- not only mean high practical competence in the son under private law. Its structures and duties solution of conflict issues relating to media are governed in its statutes of 25 February ethics, it also thus indirectly supports the play- 1985. According to these, the “Trägerverein ers in setting up the professional ethic. Precise- des Deutschen Presserats e.V.” (association of ly this is an advantage of the legal structure of sponsors of the German Press Council) is a the German Press Council; that it takes effect conglomerate of the publisher and journalist not on the basis of supervision on high but by associations [Bundesverband Deutscher means of coordination. Thus, the German Press Zeitungsverleger e.V. (BDZV), Verband Council is an institutionalised organ of the Deutscher Zeitschriftenverleger e.V. (VDZ), major associations of the press under private Deutscher Journalistenverband e.V. (DJV) and law, the powers of which are based on the Industriegewerkschaft Medien, Druck und image of the qualified private critic and to Papier, Publizistik und Kunst/ Fachgruppe which every individual can appeal. Journalismus (IG Medien)] with the purpose of standing up for the freedom of the press in b) Historical development Germany and of maintaining the standing of the A short excursion in history will make it easier German press. Two members from each of the to understand the work of the German Press four sponsor organisations belong to the mem- Council. During the Weimar Republic (1919- bers’ assembly. The members’ assembly pri- 1933) the Reich Ministry of the Interior submit- marily concerns itself with the legal, financial ted a draft law that provided for a Reich Press and personnel decisions of the organisation.

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As a specialist body, the association of spon- work of complaints work where the permissi- sors maintains the plenary of the German Press bility of stating people’s names when reporting Council (the actual “Press Council”) as well as on crimes, detection and criminal procedures the complaints committee with 10 members (Figures 8 and 13 of the Press Code) became elected from the 20 member plenary. All of the topical and were answered conclusively. Fur- bodies of the German Press Council are volun- thermore the German Press Council further tarily staffed by publishers and journalists for a defined the glorification of violence and the period of two years in office upon the appropri- prohibition of discrimination (Figures 11 and ate proposal of the sponsor organisation. The 12 of the Press Code) as well as the prohibition chair of the bodies changes annually among the of bribes (Figure 15 of the Press Code). Thus, four organisations. Unlike various press self- “common sense” has been made part of journal- monitoring bodies (Ombudsman in the Scandi- istic work which naturally cannot be included navian countries, Dutch Press Council or the in legal provisions. English Press Complaints Commission), this is The key task of the Press Council is, thus, to a pure self-monitoring institution, i.e. no exter- investigate and to decide on individual com- nal expert is the chairman of the German Press plaints on publications or happenings in the Council and its bodies. press. This is done on the basis of a complaints order that ensures that everybody can turn to d) Duties of the German Press Council the Press Council free of charge in order to According to Article 9 of the statutes of the receive help from there. Every year between German Press Council, it has the following 400 and 500 people, associations, institutions, duties: etc. write to the German Press Council seeking • to determine irregularities in the press and to help and making complaints. They are com- work towards clearing them up, plaining about publications due to possible • to stand up for unhindered access to the infringements against the duties of care, due to sources of news, search methods by journalists or due to the • to give recommendations and guidelines for infringement of the right to personal freedom, journalistic work, for example within the framework of court • to stand against developments which could reporting. Often questions in connection with endanger free information and formation of the publication of readers’ letters or satirical opinions among the public and contributions have to be answered and investi- • to investigate and decide on complaints about gated as to whether contribution contains dis- individual newspapers, magazines or press criminatory information on groups of people. services. Approximately two thirds of all complaints The Press Council expressly does not involve can be dealt with at an early stage without a itself with two areas of duties: with issues relat- formal decision by the complaints commission. ing to tariff policy and with competitive law. Mostly the central office of the German Press In performing its duties the Press Council Council can successfully mediate between the issues recommendations and guidelines for parties concerned. In justified cases the com- journalistic work. At this point, the journalistic plaints commission of the German Press principles, the so-called Press Code, and the Council issues editorial notes, censures and – in guidelines for journalistic work must be pointed the case of severe journalistic infringements – out. Since its foundation in 1956, the Press public reprimands. The latter have to be pub- Council has continuously developed a cata- lished in the publication complained about logue of guidelines that are to serve editors and within the framework of a voluntary undertak- publishers. The question as to whether a new ing. Thus, for example, in 1966 the Press guideline is to be drawn up for a specific prob- Council reprimanded a young persons’ maga- lem, frequently comes up in the course of a zine because of the use of non-authentic pho- complaint procedure. This body of rules is thus tographs, although it had pointed out the docu- “case-law” in the real sense. In recent times mentation value of the photos to the readership. there were several specific occasions when the When reporting about cases of suicide the press the guidelines were expanded and updated. For should be reticent. Since a regional newspaper example, issues that occurred within the frame- breached this principle and printed the name of

128 Press Laws in the Federal Republic of Germany the person concerned and published a photo- Art. 1 – Freedom of the Press graph of the corpse, it was castigated. Further- (1) The Press is free. It is committed to the more, a satirical magazine received a reprimand basic order of freedom and democracy. because of a publication of a photomontage that (2) The freedom of the Press is subject only to upset the dignity of the person concerned. the limitations directly admissible under These measures of the German Press Basic Law and, in its framework, to those Council, in the event of infringements of the laid down in this Law. Press Code being detected, in particular cen- (3) Special measures of whatsoever kind which sures and reprimands, are a form of the “peer adversely affect Press freedom are forbid- scolding” that is particularly unpopular in pub- den. lishing houses and newspapers and which is to (4) Professional organisations of the Press with be avoided at all costs. compulsory membership or any internal Lutz Tillmanns1) jurisprudence of the Press with sovereign powers are not admissible. PRESS LAW FOR THE FREE AND HANSEATIC CITY (5) The Press is also subject to those laws OF HAMBURG which apply to all. Dated 24 January 1965 (GVBI = Law Gazette of the Free and Hanseatic City of Hamburg Art. 2 – Freedom of license p.15) changed on 1/12/1969 (GVBI p.233), Press activities, inclusive of the establishment 9/12/1974 (GVBI p. 381),1/12/1980 (GVBI of a publishing enterprise or any other firm in p.361) and 5/2/1985 (GVBI p. 62) the Press business, may not be rendered dependent upon any form of registration or admis- The Senate hereby announces the following sion. Law which has been adopted by the City Parliament: Art. 3 – Public role of the Press The Press fulfils a public function in particular Summary of contents in that it procures news and disseminates it, • Art. 1 Freedom of the Press declares opinion, voices criticism or partici- • Art. 2 Freedom of license pates in the process of opinion-forming in other • Art. 3 Public role of the Press manners. • Art. 4 The Press’s right of access to information Art. 4 – The Press’s right of access to • Art. 5 cancelled information • Art. 6 The Press’s duty of thoroughness (1) Public authorities are obliged to impart to • Art. 7 Printed matter representatives of the Press and of radio/TV • Art. 8 Imprint information of service to them in the fulfil- • Art. 9 Personal requirements of the ment of their public function. responsible journalist (2) No claim to access to information exists if: • Art.10 Definition of remunerated items 1. as a result, the proper execution of published pending proceedings could be prevented, • Art.11 Right of reply obstructed, delayed or jeopardised or if • Art.12–18 cancelled 2. rules of secrecy stand in the way or if • Art.19 Responsibility under Criminal 3. a superior public interest or a private Law interest worthy of protection would be • Art. 20 Criminal violation of Press injured as a result. regulations (3) General decrees forbidding a public authori- • Art. 21 Contraventions of rules ty to give information either to the Press as • Art. 22 cancelled such or to that of a particular persuasion or • Art. 23 Statute of limitations to a particular periodical journal or newspa- • Art. 24 Closing regulations per are not admissible. (4) The publisher of a newspaper or periodical 1) Lutz Tillmanns is head of the German Press can demand of public authorities that their Council. official announcements be made available

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for use by him no later than to his competi- when the latter are identical, the name of tors. the author or publisher must be included. (2) Periodical printed matter must furthermore Art. 5 bear the name and address of the journalist (cancelled) responsible for its contents. If more than one journalist is responsible, the imprint Art. 6 – The Press’s duty of thoroughness must contain the details of each of them. The Press shall use all necessary thoroughness This must stipulate for which part or spe- in checking the content, origin and truth of all cialised field each individual is responsible. news prior to its publication. The obligation to The party responsible for the advertisement maintain all printed matter free of punishable section must be named; here, regulations content (Art.19) remains unaffected. governing the journalist responsible for contents apply. Art. 7 – Printed matter (3) Newspapers and allied newspapers which (1) Printed matter under the terms of this Law regularly print whole pages of the editorial comprises all printed material, intended for section of the “parent” organ in their origi- distribution, manufactured by means of nal entirety shall also name in their imprints printing press or other reproduction process the journalist responsible for the section for mass production, spoken sound record- copied and the publisher responsible. ings, video carriers and printed or written music with text or explanations. Art. 9 – Personal requirements of the (2) Printed matter furthermore includes the responsible journalist mimeographed material through which (1) Not qualified to be employed as responsible news agencies, newsletters, matrix circulars editor or journalist is anyone who: and similar enterprises provide the Press 1. has his permanent residence outside the with material in words, images or in similar area of jurisdiction of the Basic Law; fashion. Also to be defined as printed matter 2. as a result of a court judgement does are communications supplied by auxiliary not possess the liberty to hold public Press editorial enterprises, regardless of the office, gain rights from public elections, technical manner in which they are sup- or to vote on public matters; plied. 3. has not yet attained the age of 18 years; (3) Not subject to the regulations of this law 4. is not legally competent, or is only par- governing printed matter are: tially so. 1. official printed matter insofar as it con- (2) The regulations contained in Paragraph 1, tains only official communications, No. 3 and No. 4 do not apply to printed 2. material only intended for the purposes matter published by juveniles or for juve- of commerce and transport, of domestic niles. and social life, such as forms, price lists, (3) On application, the Minister of the Interior printed advertising matter, family adver- can waive the requirements of Paragraph 1, tisements, business, annual and adminis- No. 1. trative reports, etc., as well as electoral ballot papers. Art. 10 – Definition of remunerated items (4) Periodical printed matter comprises news- published papers and periodicals and other printed If the publisher or the party responsible for a material appearing in regular sequence – periodical Press organ has received remunera- including irregular sequence – at intervals tion for an item published or has requested or of no more than six months. been promised such, the item concerned must be clearly marked with the word “Advertisement” Art. 8 – Imprint if not already generally recognisable as an (1) All printed matter appearing within the Free advertisement by virtue of placement or form. and Hanseatic City of Hamburg must contain the name of the party or firm and Art. 11 – Right of reply address of the printer and of the publisher; (1) The responsible journalist or editor and the

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publisher of a periodical Press organ are Art. 12 to 18 obliged to publish a counter-version or (cancelled) reply by the person or party affected by an assertion of fact printed in the organ in Art. 19 – Responsibility under Criminal Law question. This obligation extends to all (1) The culpability for criminal offences perpe- subeditions of the organ in which the asser- trated by means of published material is tion of fact has been made. determined by the terms of general criminal (2) No obligation to print a reply or counter- law. version exists if the reply or counter-version (2) If, through published matter, an offence is is of inappropriate volume. The reply or constituted under the terms of a criminal counter-version is regarded as being of law and if appropriate volume if it does not exceed the 1. in the case of periodical publications, volume of the text to which objection has the responsible editor or journalist or, been raised. The reply or counter-version 2. in other publications, the publisher must be confined to factual assertions and knowingly or negligently violates his duty must contain nothing of a punishable to maintain published matter free of pun- nature. It must be given in writing and must ishable content, he shall be liable to pun- bear the signature of the injured party or ishment or imprisonment for up to one legally recognised representative. The year or a fine insofar as he is not already injured party or his representative can punishable as perpetrator or participant demand publication only if the reply is under the terms of para. 1. communicated to the responsible editor or publisher without delay, but at the latest Art. 20 – Criminal violation of Press within three months after publication of the regulations item to which objection has been taken. Imprisonment for up to one year or a fine can (3) The reply must be printed – in the same be imposed on whoever type of print as the text to which objection 1. as publisher, appoints as responsible editor was taken, without additions or omissions or journalist a person who does not meet the and in the same section of the paper – in the requirements of Art. 9, next edition following receipt of the reply 2. declares himself to be responsible editor or which has not yet been completed for publi- journalist while not fulfiling the require- cation; it must not appear in the form of a ments of Art. 9, reader’s letter. Publication is free of charge. 3. as responsible editor or journalist or as pub- Anyone who comments on the reply in the lisher – in a combined publishing house as same edition must confine himself to factual author or publisher – of a publication with comment. punishable content, contravenes the regula- (4) Ordinary legal channels are open to anyone tions governing imprints (Art. 8). wishing to appeal against rejection of a claim to right of reply. At the request of the Art. 21 Contraventions of rules allegedly injured party, a court can order the (1) A breach of regulations is committed by editor and publisher responsible to publish a anyone who knowingly or negligently counter-version as outlined in Paragraph 3. 1. as responsible editor or journalist or as The regulations of Civil Trial Procedure publisher – as author or publisher in the with regard to procedure for temporary case of a combined publishing concern – injunction shall apply in the case of these contravenes the rules governing imprint proceedings. There shall be no compulsion (Art. 8) or, as entrepreneur, distributes to bring evidence of jeopardy of entitle- material in which the details (imprint) ment. prescribed by Art. 8 are wholly or partial- (5) Paragraphs 1 to 4 do not apply to truthful ly not contained. reports on public meetings of the law-giving 2. as publisher or as responsible party (Art. organs at Federal, Land or local authority 8 Par. 2 Sent. 4) does not render any mat- level or of courts of law. ter published in return for remuneration recognisable as an advertisement (Art.10).

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(2) Furthermore, anyone negligently causing Guideline 1.1 – Exclusive agreements the elements of an offence as defined in Art. The informing of the general public about 20 also acts in contravention of regulations. events and happenings which, because of their (3) The deliberate contravention of regulations importance, weight and significance, are of may be punished by a fine of up to ten thou- general interest and importance for political sand Deutsche Mark, or up to five thousand formation of public opinion and intent, must Deutsche Mark in case of negligence. not be restricted or prevented by exclusive agreements or protective measures with the Art. 22 informant. (cancelled) Those who seek the monopoly of information prevent the rest of the press from acquiring the Art. 23 – Statute of Limitations use of this import and thus impinge upon the (1) The prosecution of criminal offences com- freedom of information. mitted through the publication or distribution of published matter of punishable con- Guideline 1.2 – Electioneering events tent or which otherwise constitute the ele- It is a matter of journalistic fairness, serves the ments of a criminal definition under this citizen’s right to freedom of information, and law become statute-barred in one year in the upholds the equality of opportunity of democra- case of crimes and in six months in the case tic parties, when newspapers and magazines, in of breaches of regulations. their reports on elections, also include opinions (2) Prosecution of offences defined in Art. 21 which are not those shared by themselves. becomes statute-barred in three months. (3) The statute of limitations commences with Guideline 1.3 – Press releases the publication or distribution of the pub- Press releases compiled by authorities, parties, lished material. If the printed matter is pub- associations, clubs or other interest groups must lished or distributed in parts or is revised, be clearly defined as such when they are pub- the statute of limitations recommences with lished without being edited. the publication or distribution of the further parts or editions. FIGURE 2 – PRESS CODE The publication of specific news and infor- Art. 24 – Closing regulations mation in word and picture must be careful- (1) This law shall take effect on 1 April 1965, ly checked in respect of accuracy in the light except for Art. 23, which shall take effect of existing circumstances. Its sense must not on 1 October 1965. be distorted or falsified by editing, title or (2) At the same time the Reich Press Law of 7 picture captions. Documents must be accu- May 1874 (Reich Law Gazette, p. 65) is rately reproduced. rescinded. Unconfirmed reports, rumours or assump- (3) The Law concerning the State Treaty on the tions must be quoted as such. When repro- establishment of the Norddeutscher ducing symbolic photographs, it must be Rundfunk concluded on 10 June 1955 clear from the caption that these are not doc- (Hamburg Law Gazette, p. 197) is not umentary pictures. affected. DONE at Hamburg this 29th day of January Guideline 2.1 – Opinion poll results 1965. The Senate The German Press Council recommends news agencies, newspapers and magazines to give the GERMAN PRESS COUNCIL number and representative nature of persons Press Code with guidelines for editorial work approached, and to state the time when the poll as of: 1996 took place, as well as the commissioner, when publishing findings by public opinion-poll FIGURE 1 – PRESS CODE institutes. If there is not commissioner, it Respect for the truth, observance of human should be pointed out that the poll was carried rights and accurate informing of the public out on the private initiative of the institute are the overriding principles of the press. itself.

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Guideline 2.2 – Symbolic photographs the publication of certain information is held Should an illustration, in particular a photo- over is only justifiable if it is vital for objective graph, be taken to be a documentary picture by and careful reporting. In principle they repre- casual reader, although this is not the case, the sent a free agreement between the informant situation must be clarified. For this reason, and the media. Embargoes should only be • substitute or auxiliary illustrations (i.e. simi- observed if there is a justifiable reason, such as lar motive, different time, or different motive in the case of speeches still to be held, advance at the same time, etc.), copies of company reports or information on a • symbolic illustrations (reconstructed scene, future event (meetings, resolutions, honours’ artificially reconstructed events to accompa- ceremonies, etc.). Embargoes must not be used ny text, etc.), for publicity purposes. • photomontages or other changes must be clearly marked as such for the casual Guideline 2.6 – Readers’ letters reader, either in the caption or in the accompa- (1) By means of readers’ letters, insofar as they nying text. are suitable in terms of form and content, readers should have the chance to express Guideline 2.3 – Advance reports their views and thus participate in the opin- A newspaper or magazine bears full journalistic ion-forming process. It is in line with the responsibility for advance reports published in journalistic duty of care to observe the jour- a compressed form which announce a forth- nalistic principle when publishing readers’ coming publication. Anyone who further dis- letters. tributes advance reports by press organs by stat- (2) Correspondence with the publisher or edito- ing the source must, basically, be able to rely rial department of a newspaper or magazine on their validity. Abridgements or additions may only be printed as readers’ letters if it must not lead to a situation where the basic ele- is clear, due to form and content, that this is ments of the publication are given a new slant in accordance with the sender’s wishes. or prompt incorrect conclusions which may Consent may be assumed if the letter refers damage the justifiable interests of third parties. to articles published by the newspaper or magazine concerned or to matters of general Guideline 2.4 – Interviews interest. The authors of such readers’ letters An interview is completely journalistically fair have no legal right to have them published. if it has been authorised by the interviewee or (3) It goes without saying that readers’ letters his representative. If time is scarce, it is also are also subject to the usual practice of pub- correct to publish unauthorised interviews, if it lishing the author’s name. Only in excep- is clear to both the interviewer and the intervie- tional cases can another designation be wee that the statements made therein are to be used, upon the wish of the author. If there is published either verbatim or in an edited ver- any doubt about the identity of the sender, sion. Journalists must always declare them- the letter should not be printed. The publi- selves as such. cation of bogus readers’ letters is not com- If the text of an interview is reproduced in patible with the duties of the press. full or in part the newspaper or magazine con- (4) Changes or abridgements to letters from cerned must state its source. If the basic content known authors are basically impermissible of orally expressed thoughts is paraphrased, it without the author’s consent. Abridgements is nonetheless a matter of journalistic honour to are possible if the column contains a perma- state the source. nent reference to the editor’s right to short- In the case of advanced reports of an inter- en letters. Should the author expressly for- view in the form of an abridged version, care bid changes or abridgements, the editor must be taken to protect the interviewee against must comply with his wish, even if he has any distortions or impairments which may jeop- the right to abridge, or else refuse to publish ardise his justified interests. the letter. (5) All readers’ letters sent to the editor are Guideline 2.5 – Embargoes subject to confidentiality. They must never The imposition of the embargoes during which be passed on to third parties.

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FIGURE 3 – PRESS CODE Confidential events and plans may be report- Published news or assertions which subse- ed upon if, after careful consideration, it is seen quently turn out to be incorrect must be that the public right to information has a higher promptly rectified in an appropriate manner priority than the reasons advanced for secrecy. by the publication concerned. FIGURE 6 – PRESS CODE Guideline 3.1 – Correction All those employed by the press shall The reader must be able to recognise that the observe professional secrecy, make full use previous article was wholly or partly incorrect. of the right to refuse to give evidence and For this reason a correction publishing the true shall not disclose the identity of informants facts must also refer to the previous incorrect without their express consent. article. The true facts are to be published even if the error has already been publicly admitted Guideline 6.1 – Separation of functions in another fashion. Should a journalist or publisher exercise another function in addition to his journalistic activi- FIGURE 4 – PRESS CODE ty, for example in a government, an authority or Dishonest methods must not be used to in an economic enterprise, all those concerned acquire news, information or pictures. must take care to clearly separate these functions. The same applies vice versa. A conflict Guideline 4.1 – Research of interests harms the standing of the press. Research is a legitimate part of journalistic activity. In principle, journalists must identify Guideline 6.2 – Secret service activities themselves. Untrue statements by a researching Journalists or publishers who engage in secret journalist about his identity and employer are service activities damage the credibility of the irreconcilable with the reputation and function press and destroy the basis of trust enjoyed, by of the press. journalism. Undercover research may be justifiable in individual cases if in this way information of FIGURE 7 – PRESS CODE particular public interest is gained which cannot The responsibility of the press towards the be procured in another fashion. general public requires that editorial publi- In the event of accidents and natural disasters cations are not influenced by the private and the press must take note that emergency ser- business interests of third parties. Publishers vices for the victims and those in danger have and editors must reject any attempts of this priority over the public right to information. nature and make a clear distinction between editorial texts and publications for commer- FIGURE 5 – PRESS CODE cial reasons. Confidentiality is to be adhered to in principle. Guideline 7.1 – Distinction between editorial text and advertisements Guideline 5.1 – Confidentiality Regulations under advertising law apply to paid Should an informant stipulate, as a condition publications. According to these regulations for the dissemination of his/her statements, that publications must have such a form that the he/she remain unrecognisable as a source and reader can recognise it as advertising. thus protected from danger, this condition shall be respected. Confidentiality may only be lifted Guideline 7.2 – Surreptitious advertising if the information concerns the planning of a Editorial publications which refer to compa- crime, in which case the journalist is obliged to nies, their products, services or events, must not inform the police. It may also be lifted if, after fall prey to surreptitious advertising. The dan- careful assessment of the considerations and ger of this is especially great if the publication property and interests, important reasons of goes beyond justified public interest or the state are predominant, which may be the case reader’s interest in information. where the constitutional order is affected or The press’s credibility as a source of infor- jeopardised. mation requires particular care in dealing with

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PR texts and in producing separate editorial not be published with deference to the comments. This also applies to unedited adver- future of the juveniles, insofar as no serious tising texts, advertising photographs and adver- crimes are concerned. tising illustrations. (6) In the case of officials and elected representatives, the publication of names and pic- Guideline 7.3 – Special publications tures can be permissible if there is a connec- Special publications are subject to the same edition between the office or mandate and a torial responsibility as all other editorial publi- crime. The same applies to famous people if cations. the crime they have committed is contrary to the image that the public has of them. FIGURE 8 – PRESS CODE (7) The names and pictures of missing persons The press shall respect the private life and may be published; however only in agree- intimate sphere of persons. If, however, the ment with the authorities concerned. private behaviour of a person touches upon public interests, then it may be reported Guideline 8.2 – Resocialisation upon. Care must be taken to ensure that the In the interests of resocialisation, the publica- personal rights of uninvolved persons are tion of names and pictures is to be omitted in not violated. reporting following a criminal trial.

Guideline 8.1 – Publication of names and Guideline 8.3 – Illness photographs Physical and mental illness or injuries fall with- (1) The publication of names and photographs in the private area of the person concerned. The of accused persons and victims in reports on press, out of consideration for those involved accidents, crimes, investigations and court and their dependents, should refrain from nam- cases (cf. Figure 13 of the Press Code) is in ing and including pictures of persons in such general not justifiable. The public’s right to cases, as well as avoiding deprecating remarks information must always be weighed up concerning the illness or hospital/institution, against the personal rights of those even if such remarks are to be heard among the involved. The need for sensation cannot jus- general public. Historical or famous persons are tify the public’s right to be informed. protected by law against discriminating revela- (2) Victims of accidents or crimes have a right tions even after their death. to special protection of their name. It is not necessary to identify the victim in order to Guideline 8.4 – Suicide better understand the report of the accident Reporting on suicide cases requires restraint. or crime. Exceptions can be justified if the This particularly applies to the publication of person concerned is famous or if there are names and the detailed description of the cir- special accompanying circumstances. cumstances. Exceptions are only justifiable if (3) In the case of dependents and other people the case is taken from current history and for who are affected who have nothing to do which there is a public interest. with the accident or the crime, the publication of names and pictures is in general Guideline 8.5 – Opposition and escapes impermissible. In reports on countries where opposition to the (4) The publication of the complete name government can mean danger for life and limb, and/or the picture of suspects accused of a press consideration must always be given to capital crime is justified in exceptional whether, by publishing names or photographs, cases if this is in the interests of solving the those involved may be identified and persecut- crime and an arrest warrant has been issued ed in their home country. The same applies to or if the crime was committed in public. If reports on refugees. Furthermore, it must be there is any reason to believe that a perpe- remembered that the publication of details trator has no criminal capacity, no names or about such persons, the preparation and execu- pictures should be published. tion of escapes and routes may result in remain- (5) In the case of crimes committed by juve- ing relatives and friends being endangered or in niles, names and identifying pictures should existing escape routes being eliminated.

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Guideline 8.6 – Anniversary dates Guideline 11.4 – Coordination with the The publication of anniversary dates of such authorities/news embargo persons as are otherwise not in the public eye In principle the press does not accept news requires that the editor confirms in advance embargoes. Coordination between the media whether those involved consent to publication and the police shall only occur if the action of or would prefer protection from public scrutiny. journalists can protect or save the life and health of victims and other involved persons. The press FIGURE 9 – PRESS CODE shall comply with police requests for a partial or It is contrary to journalistic decorum to pub- total news embargo in the interests of solving lish unfounded claims and accusation, partic- crime, if the request is convincingly justified. ularly those likely to injure personal dignity. Guideline 11.5 – Criminal memoirs FIGURE 10 – PRESS CODE The publication of so-called criminal memoirs Publications in word and image which could infringes the journalistic principles if crimes are seriously offend the moral or religious feel- justified or qualified with hindsight, the victims ings of a group of persons, in form or con- are inappropriately affected and if only the tent, are irreconcilable with the responsibili- demand for sensation is satisfied by a detailed ty of the press. description of the crime.

FIGURE 11 – PRESS CODE Guideline 11.6 – Drugs The press will refrain from an inappropriate Publications in the press must not play down sensational portrayal of violence and brutali- the use of drugs. ty. The protection of young persons is to be given consideration in reports. FIGURE 12 – PRESS CODE There must be no discrimination against a Guideline 11.1 – Inappropriate portrayal person on racial, ethnic, religious, social or A portrayal is inappropriately sensational if in national grounds or because of his/her sex. the report the person is reduced to an object, to a mere thing. This is particularly the case if Guideline 12.1 – Reports on crimes reports about a dying or physically or mentally When reporting on crimes, it is not permissible suffering person are to such an extent that they to refer to the alleged perpetrator’s religious, go beyond the public interest and the informa- ethnic or other minority membership unless this tion interest of the reader. information is directly relevant to the event. It must be particularly born in mind that any Guideline 11.2 – Reporting on acts of violence such mention could awaken prejudices against In reporting on threats of violence and violent groups in need of protection. acts, the press should carefully weigh up the public’s interest in information against the FIGURE 13 – PRESS CODE interests of the victims and other parties Reports on cases or investigations which are involved. It shall report on such things in an still sub-judice must be free from prejudice. independent and authentic way, but shall not For this reason, before and during legal pro- serve as the tool of criminals, nor shall it under- ceedings, all comment, both in portrayal and take independent attempts to mediate between head-line, must avoid being one-sided or criminals and the police. Interviews with perpe- prejudicial. An accused person must not be trators during the act are not allowed. described as guilty before final judgement has been passed. Guideline 11.3 – Accidents and catastrophes The threshold of acceptability in reports on Guideline 13.1 – Prejudice-subsequent accidents and catastrophes is exceeded when reporting the suffering of the victims and their depen- Reports on investigations and court cases are dents is not respected. Victims of misfortune designed to inform the public in a careful and must not be made to suffer a second time by unbiased way about crimes, their prosecution their portrayal in the media. and judgement. Suspects must be assumed

136 Press Laws in the Federal Republic of Germany innocent until they are proved guilty by the which might awaken unfounded hopes of cure court, even if they have confessed. Also in in the foreseeable future in ill readers and their cases when the guilty person is obvious to the dependents, if this does not coincide with the public, the person concerned cannot be por- actual state of medical research. Conversely, trayed as guilty within the meaning of a judge- critical or one-sided reports on controversial ment until judgement has been made. opinions subject to debate should not make Prejudicial portrayals and allegations are con- seriously ill persons unsure and thus raise trary to the constitutional protection of human doubts about the possible success of therapeutic dignity, which also applies to criminals without measures. limitation. In a state guided by the rule of law the aim of FIGURE 15 – PRESS CODE court reporting must not be that of socially pun- The acceptance or granting of privileges of ishing convicted criminals by using the media any kind which could possibly influence the as a pillory. There should, therefore, be a clear freedom of decision on the part of publishers distinction in reporting between suspicion and and editors are irreconcilable with the pres- proven guilt. Should the press report on the tige, independence and responsibilities of the unconfirmed conviction of a person mentioned press. Anyone accepting bribes for the dis- by name or identifiable to a large circle of read- semination of news acts in a dishonourable ers, journalistic fairness dictates that an ensu- and unprofessional manner. ing, legitimately confirmed acquittal or quash- ing of proceedings also be reported on, insofar Guideline 15.1 – Invitations and gifts as the determinable interest of the person The acceptance of invitations and gifts which affected do not dictate to the contrary. This rec- exceed the usual level in social intercourse and ommendation also applies to the suspension of the level necessary in the line of duty may lead investigations. to an impairment of the freedom of decision and Criticism and commentary pursuant to a case independent judgement on the part of newspa- must be easily distinguishable from the report per companies and their staff. Just the appear- on the case itself. ance that the freedom of decision of the publishing house and the editor can be impaired by Guideline 13.2 – Crimes committed by young accepting invitations and gifts is to be avoided. persons Gifts are economic and ideal benefits at any When reporting on crimes committed by young time. The acceptance of advertising goods for persons and on their appearance in court, the everyday use or other low-value objects on tra- press must exercise restraint out of considera- ditional occasions is not considered. tion for their future. This also applies to young Research and reporting must not be influ- victims. enced, hindered or prevented by the giving or accepting of gifts, discounts or invitations. FIGURE 14 – PRESS CODE Publishing houses and journalists should insist Reports on medical matters should not be of that information be given regardless of the an unnecessarily sensationalist nature, since acceptance of a gift or an invitation. they might lead to unfounded fears or hopes on the part of some readers. Research find- FIGURE 16 – PRESS CODE ings which are still at an early stage should It is considered fair reporting when a public not be portrayed as if they were conclusive reprimand issued by the German Press or almost conclusive. Council is published, especially by the newspapers or magazines concerned. Guideline 14.1 – Medical or pharmaceutical research Guideline 16.1 – Publication of reprimands Articles on alleged successes or failures in The following applies to the newspaper or mag- medical or pharmaceutical research on the fight azine concerned: The reader must be informed against serious illnesses require circumspection of the false nature of the reprimanded publica- and a sense of responsibility. Neither text nor tion and of the journalistic guideline violated presentation should thus include anything by it.

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