IFEX - News from the international freedom of expression community
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PRESS RELEASE/UPDATE - SOUTH AFRICA

21 October 2003

FXI issues second report on state of censorship in South Africa

SOURCE: Freedom of Expression Institute (FXI), Johannesburg

**Updates IFEX alert of 9 May 2003**

(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

For further information, contact FXI at P.O. Box 30668, Braamfontein, 2017,
Johannesburg (Street Address: 5th Floor Argon House, 87 Juta Street,
Braamfontein, Johannesburg), South Africa, tel: +27 11 403 8403/4, fax: +27
11 403 8309, e-mail: [email protected], Internet: http://fxi.org.za

The information contained in this press release/update is the sole
responsibility of FXI. In citing this material for broadcast or publication,
please credit FXI.
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