The Media Appeals Tribunal was proposed in an

African National Congress The African National Congress (ANC) is a Social democracy, social-democratic political party in Republic of South Africa, South Africa. A liberation movement known for its opposition to apartheid, it has governed the country since 1994, when ...

(ANC) 2010 discussion paper, which, in turn, builds on a resolution adopted at the party's 2007 National Conference in

Polokwane Polokwane (, meaning "Sanctuary" in Northern SothoPolokwane - The Heart of the Limpopo Province ...

. A basic premise of the resolution is the idea that

freedom of the press Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic News media, media, especially publication, published materials, should be conside ...

is not an absolute right, but must be balanced against individuals'

rights Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical the ...

privacy Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of a ...

and human

dignity Dignity is the right of a person to be valued and respected for their own sake, and to be treated ethically. It is of significance in morality, ethics, law and politics as an extension of the Enlightenment-era concepts of inherent, inalienable ...

. 52nd National Conference of the African National Congress: Resolution 9 (125-131)
The discussion paper argues that the current avenues individuals can pursue in order to right a media wrong,

litigation - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...

and complaining to the Press Ombudsman, are inadequate; litigation is expensive (and thus inaccessible to a large number of South Africans) and long-winded, whereas the Press Ombudsman's background in media is seen as resulting in "(...) an inherent bias towards the media with all interpretations favourable to the institution (...)". The establishment of a Media Appeals Tribunal accountable to

Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...

is thought to be a remedy to this situation.

Criticism

While some critics of the proposal, notably Guy Berger, have conceded that the South African press has a range of shortcomings, the idea of a Media Appeals Tribunal is still dismissed as "political interference". The point has been made that while the Press

Ombudsman An ombudsman (, also ,), ombud, ombuds, ombudswoman, ombudsperson or public advocate is an official who is usually appointed by the government or by parliament (usually with a significant degree of independence) to investigate complaints and at ...

might have a press background, half of the Press Council is composed of members of the public, and the final level of appeal within the self-regulatory system is presided over by a retired judge.

Progress

Although the two tend to be conflated in contemporary debates over press freedom in South Africa, the resolution to establish a Media Appeals Tribunal has not been tabled in Parliament, and is independent from the

Protection of State Information Bill The South African Protection of State Information Bill, formerly named the Protection of Information Bill and commonly referred to as the Secrecy Bill, is a highly controversial piece of proposed legislation which aims to regulate the, protect ...

. In January 2011, President

Jacob Zuma Jacob Gedleyihlekisa Zuma (; born 12 April 1942) is a South African politician who served as the fourth president of South Africa from 2009 to 2018. He is also referred to by his initials JZ and clan name Msholozi, and was a former anti-aparth ...

called on the South African media to "speed up its transformation processes", but did not mention the Media Appeals Tribunal specifically. The ANC confirmed, through its spokesperson

Jackson Mthembu Jackson Mphikwa Mthembu (5 June 1958 – 21 January 2021) was a South African politician who served as Minister in the Presidency of South Africa's government, and as a parliamentarian for the African National Congress (ANC). Previously, he ser ...

, that it is not going to pursue the matter until further notice, stating "We will give you the space to transform yourself and then see where it takes us." He clarified that if the Press Council imposed measures that "discourage irresponsible reporting" the ANC would retain the current model of media self-regulation.

References

External links

* African National Congress
52nd National Conference of the African National Congress: Resolution 9 (125-131): Communications and the Battle of Ideas
Retrieved 2010-08-28. * African National Congress
NGC 2010 Discussion Document - Media Diversity and Ownership
Retrieved 2010-08-28.
The Press Council of South Africa
{{Political history of South Africa Censorship in South Africa Mass media in South Africa Politics of South Africa