(FXI/IFEX) – The following is a 16 October 2003 FXI statement: Release of second report of the FXI’s Anti-Censorship Programme The Freedom of Expression Institute’s (FXI) Anti-Censorship Programme (ACP) has just released its second report, which tracks the progress of the Programme since the release of its first report in May 2003. The report notes […]
(FXI/IFEX) – The following is a 16 October 2003 FXI statement:
Release of second report of the FXI’s Anti-Censorship Programme
The Freedom of Expression Institute’s (FXI) Anti-Censorship Programme (ACP) has just released its second report, which tracks the progress of the Programme since the release of its first report in May 2003. The report notes the fact that censorship has now firmly set in in South Africa. In reviewing the cases on the ACP’s files, four trends emerge.
The first trend is that activists engaged in direct advocacy through the distribution of pamphlets and posters are being subjected to defamation actions. For example, the report covers the ACP’s support for Inner City Forum activist Guy Slingsby, who is fighting a defamation lawsuit in connection with statements the Forum made about the owner of a block of flats, Brian Miller, who had evicted tenants. Miller has accused Slingsby of defaming his name and character by making statements in posters, leaflets and placards insinuating that he was conducting unfair business practices, and is demanding financial compensation. Another defamation case involves an activist who has launched a public campaign against a Western Cape-based hotel, accusing it of racism and of allowing children to consume alcohol.
If activists are arrested and released on bail, they may be subjected to bail conditions that restrict their free expression rights: a second trend noted by the ACP. In this respect, the ACP continued with the case involving the Khayelitsha Anti-Eviction Campaign, which relates to the imposition of extremely severe bail conditions against members of the Campaign in Cape Town. These bail conditions seriously infringe on their right to freedom of expression, assembly and demonstration, hence the ACP’s involvement. Similarly, the FXI’s intervention and assistance has been requested by the Anti-Privatisation Forum (APF) to counter the harsh bail conditions issued against members of the APF. These conditions prevent them from engaging in a range of activities, including demonstrations against the controversial pre-paid water meter system in Phiri, Soweto.
A third trend involves the banning of politically controversial speech on the grounds of hate speech. In fact, the ACP has also become increasingly concerned about how the hate speech provisions in the South African Constitution are being interpreted by bodies such as the South African Human Rights Commission (SAHRC) and the Broadcasting Complaints Commission of South Africa. In July, the FXI objected to an SAHRC appeal panel decision to define the slogan “kill the boer, kill the farmer”, as chanted on two occasions, as hate speech. The ACP argued that the slogan must not be considered too literally, and no causal link could be drawn between the chanting of the slogan and the killing of Afrikaner people. The ACP is becoming increasingly concerned about the trend on the part of these bodies to interpret the Constitutional provision around incitement to cause harm too broadly, leading to censorship. Expression that constitutes hate speech in terms of this definition does not receive constitutional protection.
The fourth trend involves creeping censorship of the media. For example, the FXI became involved in a controversy concerning Judge Edwin King’s enquiry into racism in rugby. The enquiry was launched following a nationwide furore around allegations of racism in the national rugby team. The ACP contested an announcement by King that the hearings would be closed to the media, and will follow up on the matter when the hearing resumes (it has been postponed). The ACP also intervened in a case involving a student journalist at the University of the Witwatersrand who was told to vacate hostel premises after publishing a story in the student newspaper about the poor conditions.
Media freedom was also being threatened by the proposed Anti-Terrorism Bill, against which the FXI campaigned vigorously during this period. The Bill is before Parliament, and has been redrafted once again in an attempt to counter the criticisms by the FXI and other organisations that it is overly broad.
The ACP also continued to monitor for any developments around the Constitutional Court case regarding child pornography – involving film producer Tasco De Reuck – and the case involving Justin Nurse, who has been found guilty of violating the South African Breweries trademark. Nurse is taking his case to appeal.
The ACP also embarked on proactive activities to build awareness about censorship and freedom of expression. This proactive work commenced with a series of training workshops on freedom of expression for community radio stations. The workshops examined the theory and practice of the right to freedom of expression and specifically looked into issues of defamation, censorship, hate speech, limitations on court reporting, legislation that violates the right to freedom of expression and South Africa’s legal and policy framework for broadcasting. These workshops enabled the ACP to reach into the rural areas, and to begin to build capacity within these stations to counter censorship, so that they can counter threats to their existence. The financial state of many of these stations is so poor that even one defamation case could threaten the very existence of a station.
On a regional level, the ACP also contributed to creating a climate of free expression. In this respect, the Programme raised its concerns with the South African Development Community’s (SADC) Secretariat about the recently-adopted SADC Protocol on Culture, Information and Sport. Article 22 of the Protocol makes provisions for a system of accrediting journalists, which the FXI has warned could be used to censor journalists. The FXI also continued to participate in discussions about the establishment of a SADC-wide journalism award.
The full ACP report can be found on the FXI website: http://fxi.org.za
