Why we oppose the Media Appeals Tribunal

Anybody who does not want to institute legal action against a publication can lodge a complaint with the press Ombudsman within 14 days of publication, who will then try and resolve the issue amicably. If that does not work, the Ombudsman and two members of the Press Appeals Panel (one from the press, one from the public) will conduct a hearing. If any one of the parties is still not satisfied, they may appeal to the chairperson of the Press Appeals Panel, former Appeals Court judge Ralph Zulman, who’ll sit with one press and one public representative. So far this year, 66 complaints and appeals had been dealt with – many of them from ordinary members of the public, but many of them also prominent ANC and government members.

It is therefore not true that the ordinary citizen has no recourse – but it is true that the Press Council often rules in favour of the complainant, although not always. The members of the proposed MAT will be appointed by parliament. They will therefore be judging from a political, rather than fair reporting, perspective. In the light of statements attributed to the ANC Youth League’s Mpumalanga spokesperson, Ronald Ozzy Lamola, that Sunday Times reporter Mzilikazi wa Afrika should be charged with treason for “peddling lies”, this could have chilling repercussions.

In case you missed the news: Wa Afrika was arrested in dramatic fashion by the Hawks for being in possession of a fake fax claiming to be a resignation letter from Mpumalanga premier David Mabuza to president Jacob Zuma. The letter, and related story, was never published because the reporter realised it was a hoax when contacting the relevant offices for comment. When journalists become too scared to report on issues that might upset powerful people, society as a whole suffers. History is full of examples of ordinary, good citizens who didn’t speak about against atrocities because they “didn’t know”. That is why a press that is free to report on all issues affecting society – not only those that the ruling party deem fit – is an issue that affects all of us, not only the press. This fight is about your right to know what is really happening, as opposed to a tribunal who will decide what you are allowed to know. For the sake of democracy, ordinary people, outside the press, need to make their voices heard.