(FXI/IFEX) – The following is a 13 February 2000 FXI statement: FREEDOM OF EXPRESSION INSTITUTE DISTURBED BY MEDIA SUBPOENAS The Freedom of Expression Institute is disturbed to learn that the Human Rights Commission has subpoenaed the editors of the Sunday Times and the Mail and Guardian. FXI has consistently expressed its concern regarding threats by […]
(FXI/IFEX) – The following is a 13 February 2000 FXI statement:
FREEDOM OF EXPRESSION INSTITUTE DISTURBED BY MEDIA SUBPOENAS
The Freedom of Expression Institute is disturbed to learn that the Human Rights Commission has subpoenaed the editors of the Sunday Times and the Mail and Guardian. FXI has consistently expressed its concern regarding threats by the Commission to use its powers as elaborated in the Human Rights Commission Act and the consequences for freedom of expression should these powers be invoked.
Despite assurances that the Commission did not see this as an adversarial process and rather as a dialogue – these assurances were reiterated and reported as recently as this weekend – and that the researchers who produced the Interim Report for the Commission also saw their work as an on-going process and debate about racism in the media, the Commission has chosen to be confrontational and to place the media in an extremely compromising position.
Furthermore, although the Commission has said that there is no hierarchy of rights, it appears as if the Commission has diminished respect for freedom of expression. It is true that the freedom of expression clause in the Constitution does compromise freedom of expression but not to the extent the Commission would have the public believe. Advocacy of hatred based on race and which constitutes incitement to harm is not protected by the Constitution. Given that the Commission has mainly been concerned with subliminal racism, it seems unnecessary and heavy-handed to subpoena newspapers to testify on their publications’ policies regarding the reporting of “national and international events which impact on racism and possible incidents of racism”.
Up until this point FXI has not opposed the Human Rights Commission’s investigation and in fact the organisation had submitted its comments to the Commission. However, in light of the Commission’s decision to subpoena newspaper editors, it will have to reconsider its future participation in the process.
