ARTICLE IN PRESS + MODEL The International Information & Library Review (2008) xx,1e7 available at www.sciencedirect.com journal homepage: www.elsevier.com/locate/iilr To talk or not to talk? From Telkom to Hellkom1: A critical reflection on the current telecommunication policy in South Africa from a social justice perspective S.R. Ponelis a, J.J. Britz a,b,* a Department of Information Science, School of Information Technology, University of Pretoria, 0002 Pretoria, South Africa b School of Information Studies, University of Wisconsin-Milwaukee, 3210 N, Maryland Avenue, Milwaukee WI 53211, United States KEYWORDS Abstract With the development of new information and communication technologies, the Telecommunications; right to communicate assumes new dimensions, since it is almost impossible to fully participate Right to communicate; in the globalized world without access to modern information and communication technolo- South Africa; gies. South Africa held its first democratic elections in 1994 and has subsequently returned Telkom; to the international arena. Its citizens should rightly expect to be able to participate in all that Social justice this return offers, not only politically, but also economically and socially. Telecommunications are vital to making such participation possible. In recognition of this fact, the newly elected government developed policies and enacted legislation to ensure that the telecommunications sector, and specifically the sole fixed line service provider Telkom, provides South African citi- zens affordable access to the telecommunications infrastructure whilst providing acceptable levels of service. However, rather than meeting its obligation to the government and the people of South Africa, Telkom has misused its monopoly. The social injustice that this situa- tion creates is critically examined against the background of the right to communicate based on Rawls’ principles of social justice and Sen’s capability approach. Published by Elsevier Ltd. * Corresponding author. Address: School of Information Studies, University of Wisconsin-Milwaukee, 3210 N, Maryland Avenue, Milwaukee WI 53211, United States. E-mail addresses: [email protected] (S.R. Ponelis), [email protected] (J.J. Britz). 1 Hellkom is a word used by a consumer activist website (http://www.hellkom.co.za) hosted in South Africa to describe the current unjust policies of Telkom in South Africa. This article is based on a paper that was presented at the CEPE Conference in 2007. 1057-2317/$ - see front matter Published by Elsevier Ltd. doi:10.1016/j.iilr.2008.07.005 Please cite this article in press as: Ponelis, S.R., Britz, J.J., To talk or not to talk? From Telkom to Hellkom1: A critical reflection on the current telecommunication policy in South Africa from a social justice perspective, The International Information & Library Review (2008), doi:10.1016/j.iilr.2008.07.005 ARTICLE IN PRESS + MODEL 2 S.R. Ponelis, J.J. Britz Introduction example, buying online and participating in online discussion forums). This is also the reason why Hamelink (2003) argues With the development of new information and communi- that we should move beyond information and knowledge cation technologies, the right to communicate assumes new societies towards communication societies. Human rights dimensions since it is almost impossible to fully participate needed to be updated to reflect these developments. in the globalized world without access to these technolo- The original basis for the right to communicate as gies. South Africa held its first democratic elections in 1994 a human right derives from the Universal Declaration of and has subsequently returned to the international arena. Human Rights (UDHR) (United Nations, 1993), which was Its citizens should rightly expect to be able to participate in first adopted in 1948. Central to communication is Article all that this return offers, not only politically, but also 19 of the declaration on the right to freedom of expression economically and socially. Telecommunications are vital to that states: make participation possible. In recognition of this fact, ‘Everyone has the right to freedom of opinion and the newly elected government developed policies and expression: this right includes freedom to hold opinions enacted legislation to ensure that the telecommunications without interference and to seek, receive and impart sector, and specifically the sole fixed line service provider information and ideas through any media and regardless Telkom, provide South African citizens affordable access of frontiers’ (United Nations, 1997). to the telecommunications infrastructure whilst provid- ing acceptable levels of service. However, it seems that, Article 19 of the UDHR is reinforced by Article 27 section 1, rather than meeting its obligations to government and the which states: people of South Africa, Telkom has inappropriately used ‘Everyone has the right freely to participate in the its monopoly in the marketplace. Telkom, furthermore, cultural life of the community, to enjoy the arts and to increased its profit margin substantially in the last couple of share in scientific advancement and its benefits’ (United years and has cut its workforce by more than half. Not only Nations, 1997). has it led to a failure to provide an effective communica- tion infrastructure in South Africa, but due to this monopoly Development in modern ICT, such as telephony and the in the marketplace, South Africa has ended up being one of Internet (including the World Wide Web), can be seen as the most expensive countries in which to use telephonic scientific advancements and, as such, not as the exclusive communications. This paper, based on the assumption that domain of those who are able to negotiate the marketplace we all have a right to communicate, will investigate, from to acquire them. The International Covenant on Civil and a justice perspective, the situation with regard to Telkom Political Rights or ICCPR, which, as of December 2002, has as telecommunications provider as well as the effect that been ratified by 149 States, also reinforces the right to its policies has on the people of South Africa. communicate: This paper is structured in the following manner: First, ‘Everyone shall have the right to freedom of expression; the right to communicate is discussed with reference to this right shall include freedom to seek, receive and the role telecommunications plays in providing this right. impart information and ideas of all kinds, regardless of Second, the South African situation is described with regard frontiers, either orally, in writing or in print, in the form to the policy of its government to provide telecommuni- of art, or through any other media of his choice’ (United cations infrastructure and the implementation thereof to Nations, n.d.). date (both the history leading to the current situation and the current situation are covered.) Last, the social injustice Both Article 19 of the UDHR and Article 19 of the ICCPR that this situation creates is critically examined against the were carefully drafted to explicitly guarantee: background of the right to communicate. The analysis is based on John Rawls’ two principles of justice as well as an unfettered right to hold opinions; Sen’s capability approach. a right to express and disseminate information or ideas of whatever nature; The right to communicate a right to have access to the media; and a right to seek and receive information and ideas (WSIS, Communication is an essential human process that makes 2003, 3). both individual expression and societal structure possible. Habermas (1989) and Fisher (1982) view access to informa- A clear case can therefore be made that access to tion as fundamental and a necessary precondition for information is a prerequisite for becoming a knowledge and personal development and socio-economic participation. information society. Acknowledging such a right not only Access to information and the ability to communicate is allows access to the ideas of others, but also opens up the therefore central to human freedom and human develop- opportunity to participate in global information-based ment (Benkler, 2006). Information and communication socio-economic and political activities. The denial of access technology (ICT) has made it possible to communicate to information is therefore no longer merely a denial of beyond the distance that one’s voice carries to reach the access to the ideas held by others, or oppression of the entire globe by means of modern inventions such as tele- freedom of expression; it will also marginalize people’s phones and e-mail. In the global information economy, participation in various economic, political and socio- communication and access to information also implies access cultural activities. It touches the very heart of the modern to different socio-economic and political activities (for information era (Lor & Britz, 2007). Please cite this article in press as: Ponelis, S.R., Britz, J.J., To talk or not to talk? From Telkom to Hellkom1: A critical reflection on the current telecommunication policy in South Africa from a social justice perspective, The International Information & Library Review (2008), doi:10.1016/j.iilr.2008.07.005 ARTICLE IN PRESS + MODEL 3 The right of access to information has indeed become citizens. In his opening address at the Telecom 95 confer- one of the fundamental individual as well as social rights. ence, then President of South Africa, Nelson Mandela said: The fact that the global economy is based on the manipu- ‘‘.in the 21st century, the capacity to communicate will lation of information puts this right within the realm of almost certainly be a key human right’’ (Mandela, 1995). a social right e in other words, the right to participate in Justice requires that those individuals and groups economic activities. For Benkler (2006: 302) access to ensured of the right to communicate must also be reason- information has become access to opportunities. It is also ably enabled to effectively make use of it. This implies an instrumental right, because it allows and empowers that the telecommunications infrastructure must be made individuals to exercise all other rights.