(MISA/IFEX) – The latest edition of the only independent news magazine in Swaziland, “The Nation”, is under threat of being withdrawn from circulation amid allegations that it was contravening the country’s Copyright Act. The PANA news agency reports that a lawyer in Mbabane has demanded the withdrawal of all copies of the April edition of […]
(MISA/IFEX) – The latest edition of the only independent news magazine in Swaziland, “The Nation”, is under threat of being withdrawn from circulation amid allegations that it was contravening the country’s Copyright Act.
The PANA news agency reports that a lawyer in Mbabane has demanded the withdrawal of all copies of the April edition of “The Nation”, for allegedly contravening copyrights of his client, Douglas Loffler. Loffler is the proprietor and publisher of the Times of Swaziland Newspapers Group, which publishes the only independent newspaper in that country.
In a letter to “The Nation”, the lawyer, Peter Dunseith, said the publishers had contravened the 1912 Copyright Act by publishing certain photographs “without his client’s authority or consent and without credit given to the owner.” The photographs in question were a football action photograph and a portrait photograph of a local journalist.
“My client is the owner of these photographs and the owner of copyright in these photographs,” Dunseith said. He further alleged that the photographs were obtained in an underhanded manner, by inducing one or more of the Times’ employees to transmit the digital photographs by e-mail. “Copies of which e-mails are in my client’s possession,” he added.
Dunseith said that the Times of Swaziland Group of Newspapers was entitled to obtain an interdict restraining the Swaziland Independent Publishers from further publication of the ill-gotten photographs. He also demanded that all issues of the magazine containing the photographs be removed from sale. The lawyer said that Loffler was prepared to forego the interdict on condition that the publishers of “The Nation” gave a written undertaking within three days, that “they will desist from infringing the copyright in future.” Loffler also demanded an end to the solicitation of photographs and other journalistic materials from his employees and the disclosure of the name of the employee who sent the photographs by e-mail. Dunstein said he might continue to institute a lawsuit whether the publishers of “The Nation” complied with his letter or not.
Speaking to the PANA news agency, the managing editor of “The Nation”, Cyprian Tsabedze, wondered why the publisher of “The Times of Swaziland” wanted to stop them from using materials from freelancers. He explained that as a young Swazi-owned magazine, “The Nation” relied on pictures and stories from contributors.
“We have always bought pictures and stories from freelancers. Some freelancers submit their stories with pictures,” he said. “How would we really know how and where they got their pictures? In this particular case, we bought these pictures together with their stories from the freelancers,” he added.
Newly appointed editor of “The Nation”, Bheki Makhubu, who is the former “Times Sunday” editor, alleged that having tasted monopoly following the recent closure of “The Swazi Observer”, Loffler wanted to stifle the upcoming Swazi journalism practiced by most talented young journalists.
“I’m disappointed that a publisher of a 101-year-old newspapers group can feel threatened by such a negligible and emerging magazine owned by struggling young independent journalists,” he told PANA, adding that “surely, Loffler is now all out to flex his muscle in order to remain a monopoly in the country. Does he know that ours is a community service? Nobody is getting paid in The Nation.”
“The Nation” was founded by a group of young professional journalists and a chartered accountant three years ago. Owing to its high quality and in-depth analysis, it has become a force to be reckoned with in the country’s small media industry.
