(FXI/IFEX) – The following is 3 May 2005 FXI press statement: Government’s threat to introduce incitement legislation in response to Pelindaba radioactivity controversy The FXI is deeply alarmed at threats on the part of the government to introduce legislation to make individuals and organisations ‘speak responsibly’ on sensitive matters, and to charge them with incitement […]
(FXI/IFEX) – The following is 3 May 2005 FXI press statement:
Government’s threat to introduce incitement legislation in response to Pelindaba radioactivity controversy
The FXI is deeply alarmed at threats on the part of the government to introduce legislation to make individuals and organisations ‘speak responsibly’ on sensitive matters, and to charge them with incitement if they do not. It is also highly unfortunate that the government has chosen International Media Freedom Day to make these threats, given the fact that South Africa is being hailed on this day as one of the few countries in the Southern African region with a free media. These threats will place a blot on that record on the very day when this freedom is being celebrated, and underlines the tenuous nature of this freedom. The FXI calls on the government to desist from introducing legislation that will discourage public interest bodies like Earthlife and the media from blowing the whistle when matters of life and death are at stake.
The government’s statements have been made in response to a warning about of excessively high levels of radiation at Pelindaba nuclear facility outside Tshwane, made by the Non-Governmental Organisation Earthlife Africa. The government’s threats follow allegations by the government that Earthlife was spreading panic through making false statements about the existence of an illegal dumping site; President Thabo Mbeki also termed these statements ‘reckless’, ‘without foundation’ and ‘totally impermissible’. The government has contested Earthlife’s statements by arguing that the organisation found calibration pads used for instrument calibration purposes, and therefore their excessively high radiation levels were to be expected. However, Earthlife has since been vindicated by the National Nuclear Regulator (NNR) about the excessively high levels of radiation in the area, and they have also clarified the fact that their initial statement never alleged the existence of a toxic site, but had termed it a calibration site. Therefore, if any institution can be accused of making baseless statements, then it is the government itself.
Incitement laws were used in the past to silence the critics of the apartheid government, and it would be a sad day indeed for freedom of expression if attempts were made to invoke such laws once again. Such laws will inevitably be used to censor individuals, organisations and the media who attempt to raise pressing issues of public concern, and will foreclose on the search for truth in controversial matters through public debate. It will also chill freedom of expression by encouraging self-censorship, as organisations may stop making controversial statements out of fear of prosecution. If there is a dispute about the import of excessively high levels of radiation in the area, then the dispute should be settled in the public domain.
Had it not been for Earthlife’s timely intervention, the government and the NNR may not have acted to contain the situation in the manner that they have. Earthlife should therefore be congratulated for their watchdog role, not attacked for it by the government. This attack underlines once again the fact that spaces are closing for NGO’s that are critical of government, and the FXI – as an NGO itself – is deeply distressed by these incremental erosions of space for civil society.
Censoring organisations that raise compelling public interest matters is not the answer; if their concerns prove to be false alarms then they will be discredited in the eyes of the public, which will be the ultimate deterrent for organisations making baseless statements. The correctness or incorrectness of Earthlife’s statements must be fought out in the public domain and not censored. This has been taking place over the past few days, and Earthlife has thus far been vindicated.
Earthlife did not in any way act irresponsibly by making their findings public before raising concerns with the National Nuclear Regulator (NNR). If the government wants to prevent the spreading of panic in areas located near to Pelindaba, then they should act to contain the possibility of exposure to excessively high levels of radiation, and not react to the panic by threatening to censor the messenger (and future messengers of public interest matters).
