In recent years, the state of media freedom and freedom of expression in South Africa has become a cause for concern. In May 2011, the annual Freedom House report on the freedom of the press around the globe, listed South Africa as having only a partly free press. In this rating, South Africa has slipped from previous years, when the country was rated as having an entirely free press.
This is partly due to political pressures currently being placed on the South African press by the ruling African National Congress (ANC) party, which is calling for the institution of a statutory Media Appeals Tribunal (MAT). Currently, the South African press practices a system of self-regulation in the form of the South African Press Council and Ombudsman, since this system is widely believed to best serve the interests of a democratic society. Many believe that a statutory body such as an MAT would have dire effects on the freedom of the press, since journalists would then be open to harsh punishment and would begin to engage in self-censorship.
Another worrying aspect surrounding the freedom of the press in South Africa is the Protection of Information Bill (POIB). After many months of wrangling and debate over the bill in the parliamentary portfolio committee, the ANC representatives on this committee used their majortiy vote to fianlise the Bill. It now appears that this Bill will soon be passed by parliament and signed by the President into law. The contents of the POIB have sparked a massive public outcry from civil society, academics and media practitioners alike, most notably culminating in the Right 2 Know campaign. One of the main problems with the POIB is that it will make it very difficult for investigative journalists to pursue any investigation into the state security services, such as the military or the police. Under some circumstances, journalists could be criminalised for doing so and sent to prison. In light of many of the major stories that have broken in the press over the past decade in South Africa, such as the arms deal story(ies), it is easy to see how this Bill could limit the freedom of journalists to do what they do best. It is also worth noting, that the implications of the POIB extent far beyond restricting the rights of journalists, but to all South African citizens.
Despite theses worrying trends, and in seeming contradiction to them, media freedom in South Africa is enshrined in the Constitution, in Chapter 2: Bill of Rights, point 16 (1).
"Everyone has the right to freedom of expression, which includes - (a) freedom of the press and other media...".
If you would like to learn more about the current heated debates surrounding the state of media freedom in South Africa, you could follow some of these links to online resources below.
A war on media freedoms in South Africa, by Julie Reid
The Big Media Debate blog
South African Press Council hearings to start amid poisened air, by Julie Reid
The struggle for freedom of expression, a lecture by Prof Pieter J Fourie
Secrecy Bill: the stories that couldn't be told, by Ilham Rawoot
Right 2 Know Campaign
Push for Access to Information, by Glenda Daniels