(MISA/IFEX) – Lawyers for a Cape businessman have applied for an urgent interdict and have brought an Access to Information challenge against the “Cape Argus” newspaper to prevent it from publishing an article, which they allege is “defamatory” and “injures [their] client’s dignity.” George Hadjidakis, a major shareholder in the South African 7-Eleven chain and […]
(MISA/IFEX) – Lawyers for a Cape businessman have applied for an urgent interdict and have brought an Access to Information challenge against the “Cape Argus” newspaper to prevent it from publishing an article, which they allege is “defamatory” and “injures [their] client’s dignity.”
George Hadjidakis, a major shareholder in the South African 7-Eleven chain and chairperson of the Premier Soccer League club Hellenic, plans to use the Promotion of Access to Information Act (PAIA) to try to force the paper to hand over a draft of an article for his personal perusal before it is published. The case is a landmark test for the fledgling PAIA in relation to balancing freedom of expression and media freedom (Section 16 of South African Constitution of 1996) against the public’s right to access information from the state and private bodies (Section 32).
MISA-South Africa believes that a dangerous precedent will be set if Hadjidakis wins the legal challenge. The ability of journalists and news organisations to protect the integrity of their unpublished news and source material collected during ordinary newsgathering could be fundamentally undermined. It would enable other public and private bodies and individuals to make PAIA requests from the media, place an unnecessary and unfair restraint on journalists and editors and subvert the constitutional value of freedom of expression and media freedom. In effect, a negative ruling would muzzle the media as it would make it more difficult for journalists to gather news in the public interest if they could be legally bound to part with stories prior to publication, based on a PAIA application.
This attempt to use the PAIA to allow a right of preview of unpublished news stories amounts to abuse of the act and prior restraint that should be vigorously resisted, MISA-South Africa believes.
“Cape Argus” newspaper has grounds for refusing to provide a preview of the article in respect of its protection of the public’s right to freedom of expression, freedom of information and media freedom.
PAIA does permit non-disclosure if the disclosure of information is likely to, or reasonably expected to, cause harm. While journalists do not enjoy any special privilege under PAIA, MISA-South Africa believes that grounds for refusal can reasonably be argued due to the damage an injunction favouring Hadjidakis would cause to media freedom in general and, as a consequence, the media’s duty to inform the public about matters of public interest.
“Cape Argus” editor Ivan Fynn also noted that information is a newspapers’ stock in trade. It could be argued that a title’s raw copy constitutes commercial information, especially if the story is an exclusive report or scoop.
The case will be heard in the Cape High Court in late November.
