Join us for the launch of the Reporting the Pandemic Guide, a resource developed by SANEF and its partners to assist South African journalists and media practitioners to navigate working during a global pandemic.
The launch will include a panel discussion facilitated by Mia Malan, founding editor-in-chief of Bhekisisa, on Vigilance in Reporting Covid, why heightened knowledge and vigilance is needed when reporting a pandemic.
The SIU has submitted a R14.2 billion COVID-19 investigation report to President Cyril Ramaphosa on 30 April 2021. The report includes outcomes of decontamination of schools in Gauteng and probe into COVID-19 communication tender.
Join SANEF to hear Head of SIU Advocate Andy Mothibi on ongoing investigations into State Owned Entities and government departments outside COVID-19.
There are moments where the South African media falls short, eroding trust in journalism at a time when accountability, factual and fair reporting are crucial.
To restore trust in the media, the South African National Editors’ Forum (SANEF) commissioned an independent inquiry headed by retired Judge Kathleen Satchwell and panelists and her fellow panelists Rich Mkhondo and Nikiwe Bikitsha to investigate ethical lapses facing local journalism.
When this seminal inquiry report was released in January 2020, SANEF undertook the role to “interrogate” the recommendations and develop an action plan to implement some of the findings.
This report now forms the basis of a four-part series of webinars, bringing together key stakeholders for an in-depth review of the Satchwell Report findings. Each webinar will define key recommendations to put forward during a national online conference in May.
The webinar series will take a deep dive into the seven industry categories of recommendations outlined in the report. The discussions will contribute and build-up to the conference. The conference will work towards debating the recommendations that should be included in the five-year ethics action plan.
May marks World Press Freedom Month and on May 3 various events will be held to celebrate the 30th anniversary of the Windhoek Declaration celebrated under the theme of “Information as a Public Good”.
“The SANEF ethics conference planned for later in the month will bring together journalists from across the country, civil society and other role players to develop a clear plan to implement the report recommendations,” said SANEF Secretary General Mahlatse Mahlase.
“The terms of reference of the inquiry were to look at possibilities of ethical lapses across the industry and to find solutions to enhance quality, ethical journalism. More than ever journalists need to strengthen the bond of trust with the public and we can only do that when we openly confront what is wrong and correct it,” Mahlase said.
The panel engaged with 167 individuals and entities, perused about 200 documents and sought ad hoc research inputs (including a comprehensive longitudinal study of the work of the South African Press Council). Newsroom practitioners, owners, academics, consumers and concerned individuals and institutions also gave their input. Their ideas guided the final 69 recommendations which covered seven thematic areas.
Interested persons can sign up to participate in the webinar discussions on the following dates.
Do join on Wednesday for this critical session:
Webinar 1: Building an Ethical Framework for SA Journalism
Wednesday April 21, 2021 at 3pm – 5pm
Theme 1 – Media Freedom including dealing with mis and disinformation.
Theme 2 – Media Diversity including counteracting racial and gender biases and prejudices, racism and sexism in the media.
Moderated by SANEF Ethics Committee Chair Monica Laganparsad with expert input from Report Panellist Rich Mkhondo, Former Ombud Joe Thloloe and Rhodes University Professor Anthea Garmen.
Theme 3 – Strengthening ethics codes and principles
Theme 4 – Strengthening the regulators
Moderated by SANEF Media Freedom Committee chair Mary Papayya with expert input from Wits University Professor Franz Kruger Aidan White, Ethical Journalism Network and PCSA director Latiefa Mobara.
Theme 6 – Strengthening Continuing professional development
Moderated by SANEF E&T Committee chair Tshamano Makhadi with expert input from International Women’s Media Foundation (IWMF) executive director Elisa Munoz and Africa Check executive director Noko Makgato.
The conference will map the vision of South Africa’s media journey to date. It will be a means to collaborate on the vision for tomorrow’s media that will hopefully reflect more accountable, more factual, and fairer reporting processes.
Conference details will be released soon. Access the Media Ethics and Credibility report here.
The South African National Editors’ Forum plans in the course of 2021 to revise and re-publish in a digital version its 2006 two-volume Reporting the Courts manual, which consists of a reporters’ handbook and a desk guide and glossary for editors. Those undertaking the writing and editing require the services of a legal researcher to update all references to legislation, court procedures and terminology.
The post is fixed-term, temporary and envisaged as part-time, for four months from date of appointment, with the possibility of additional shorter-term commissions related to accuracy checking during the publication’s proofreading and editing stages. The workload is likely to fluctuate from week to week depending on the aspect of revision in hand at each stage. Remuneration will be paid in tranches, with a fixed overall sum and will be dependent on the timeous completion of work targets mutually agreed with the SANEF team.
Duties
Check and update all existing material in both volumes for comprehensiveness, currency and accuracy.
Compile additional information for writers as the basis for new chapters and sections, including but not necessarily limited to:
the broadcasting and online coverage of court matters
the relevant legal frameworks underpinning reporting on cases related to migration, land occupation, divorce, children, gender and sexual offences issues, hate speech issues and financial corruption cases
the rules and conventions around commissions of inquiry
Make recommendations about other aspects of court-related journalism practice the volumes currently neglect or omit.
Candidate qualities
The successful candidate will:
Possess an LLB degree and ideally have some law-office experience. (However, unemployed law graduates will be considered.)
Be able to work flexibly to accommodate writing and editing schedules
Be accurate, meticulous and detail-oriented in working approach
Be able to deliver research information to SANEF’s deadlines and work cooperatively with the SANEF team and structures
Demonstrate an interest in the media, media law and freedom of expression and an awareness of current South African media concerns.
To apply for this post, please send
A current CV
A one-page letter of motivation
Details of three current, contactable referees who can comment on relevant aspects of your work skills and legal understanding.
Send your application to [email protected] by close of business 8 March 2021.
On 26 January 2021 The South African National Editors’ Forum (SANEF) and the Press Council hosted a briefing on the Department of Communications and Digital Technologies (DCDT) recently published Draft White Paper on Audio and Audio-visual Content Services Policy Framework: A New Vision for South Africa 2020.
The briefing was arranged to assist journalism bodies and media houses to better understand the proposed regulation and to help them in responding to the invitation for public comment, which is due on 15 February.
It is important for press stakeholders to engage with the draft White paper because if the final policy follows the proposals set out in the draft, the landscape for the regulation of journalistic content – particularly online video – will dramatically change.
The draft policy proposes statutory licensing of popular online video outlets, administered by ICASA, which will be applicable to traditional journalism outlets which have never been subject to licensing requirements.
Many of these publications are currently subscriber members of the Press Council, complying with the Press Code when they publish the online video.
One of the key questions that journalists asked after they saw the draft White Paper, was why the proposed policy does not follow the pattern already established in our law, in compliance with media freedom provisions in the Constitution: namely to provide for exemptions for Press Code subscribers (such as in the Film and Publications Act) or for journalistic content (such as in POPIA and other legislation, or for other forms of voluntary regulation.
Collin Mashile, Department of Communications Chief Director: broadcasting policy, said the following:
“We do respect Media Freedom, diversity and pluralism and the transparency related thereto. I was responsible for the films and the publications amendment bill and there-in we had recognised the self-regulatory nature of the press, but I think the issue we will need to assist the department with is around, as we move towards the 4IR and online environment, we have press that will generate online or audio-visual content that will look like your broadcasting content.
So, what we are saying to you is that, as the press, as the people that will own websites, that will own content, if you can indicate how you want that regulated going forward. The lay of the land as it is currently, FPB is the one that is responsible for Internet, Icasa is responsible for broadcasting and there is a policy intended to move towards one content classification mechanism and one content regulation, hence I think the Minister announced that there is an intention to merge Icasa with FPB and (dot.za) because it is the recognition that everything is merging and that everything is moving online. Our approach is to respect the development that has happened around the press, the press developed in a self-regulatory mechanism, hence in broadcasting we have the BCCSA and related to others but with ICASA having the backstop powers so that when the BCCSA matters fail ICASA as the regulator will have that mechanism.
We have been following developments across the globe, Australia and the commonwealth in general and the UK around the press development and all the enquiries related to the emergency of the online platform.it will really assist us to say from your side as you are being affected with these digital platforms how they merge.
“We had an engagement as the department, FPB and the self-regulatory body of the press and I think they were looking to say this is what we believe should fall within the press self-regulatory mechanism and this is what we believe should fall within the FPB, so as we are moving towards these conversions and wanting to have one classification mechanism and one regulatory environment, it will assist to say moving forward, this is how we believe or this is how we would feel comfortable with being regulated as the press and the press owners or would have online content that looks like broadcasting and that is regulated elsewhere and how do we believe as South African content we should be regulated.
We have not taken any decision but will appreciate your input and direction in terms of how do you see your future within this new 4IR regulation.”
Today the panel led by retired judge Kathleen Satchwell released the report of the commission of inquiry into ethical challenges facing South African journalism and officially handed it over to the South African National Editors’ Forum (SANEF).
The report by Satchwell and fellow panel members – veteran journalist and author Rich Mkhondo and award-winning journalist and former Fulbright Hubert H. Humphrey Fellow Nikiwe Bikitsha was commissioned by SANEF in June 2019.
The South African National Editors’ Forum (SANEF) notes the ruling by Magistrate Dawn Soomaroo on our application for the broadcasting of the court case involving the matter of former eThekwini Mayor Zandile Gumede and 16 others.
We are disappointed that our application to have the proceedings of the case broadcast has been denied. Although not clearly stated, the application to record for purposes of radio also appears to have been denied. The Magistrate has not yet issued reasons for her ruling, but this will be requested by SANEF. SANEF believes that there is a clear basis for an appeal to the High Court based on this ruling.
To download Magistrate Dawn Soomaroo’s ruling click here
The media will only be permitted to do the following:
1. Six journalists can attend court, subject to SANEF providing a list of attendees to the court manager five days prior to each court date. This ruling was made because the court manager requested that all parties must let the court know beforehand who is going to be present to enable them to control access to the building and manage the situation for Covid-19 purposes;
2. Photos and video recordings can be taken inside the courtroom for 15 minutes before court, during any adjournment and at the end of proceedings each day.
No photographs or videos may be taken in the corridors outside the courtroom. In court, on Thursday 10 December 2020, the Magistrate expressed concern about the fact that there are sexual offences courts that take place on the same floor and she doesn’t want the media to inadvertently disclose the identities of the people involved in those proceedings.
The only other aspect of the request that has been granted is that an additional empty courtroom will be made available for members of the media to use when attending court. The application for an additional room was made in order to link a TV screen broadcasting the proceedings to help an extra number of journalists report from there since the seats inside the court are limited due to COVID-19 protocols. While this will now be of limited use without the TV screens, it will assist with the accommodation of journalists at court.
SANEF also notes that this ruling will only apply to the pre-trial proceedings that this magistrate will be presiding over and not to the trial itself. SANEF has been informed that once the trial begins, a new presiding officer will be appointed and that the case may even be moved to the High Court. This presents an opportunity for the media to once again apply for media access once the trial begins.
SANEF has received legal advice that this ruling, unfortunately, deviates from the principles set out in the leading Supreme Court of Appeal case on the matter which endorses the approach that broadcasting should generally be permitted subject to reasonable restrictions unless there is a real risk that substantial prejudice will occur.
We also believe that Magistrate Soomaroo’s ruling does not accord with the approach stated in the Guidelines on Media Access to Magistrate Court Proceedings issued by the Magistrates Commission earlier this year which state that courts should not restrict the nature and scope of broadcasting unless prejudice is demonstrable and there is a real risk that such prejudice will occur.
In essence, what the Magistrate has done is ban all video coverage while court is in session – even broadcasts of counsel making an argument and of her handing down rulings, which the Guideline states should be allowed unless the presiding officer rules otherwise.
Meanwhile, SANEF will endeavour to persuade the Magistrates Commission to implement training for all Magistrates around the Guidelines to ensure that the principle of open justice is upheld without the need to resort to lengthy and costly litigation.
Note to Editors: The South African National Editors’ Forum (SANEF) is a non-profit organisation whose members are editors, senior journalists and journalism trainers from all areas of the South African media. We are committed to championing South Africa’s hard-won freedom of expression and promoting quality, ethics and diversity in the South African media. We promote excellence in journalism through fighting for media freedom, writing policy submissions, research and education and training programmes. SANEF is not a union.
After months of campaigning for media access to the magistrates’ courts, the South African National Editors’ Forum (SANEF) is pleased to report that the Magistrates’ Commission has set national guidelines regarding media access to court proceedings. They also describe procedures for applications for permission to photograph, film or record court proceedings, primarily, high profile cases.
The guidelines are meant to assist magistrates around the country strike a balance between the media’s right to report, broadcast and publish court proceedings and the right to a fair trial. There have been certain conflicts between the right to freedom of expression and the open justice principle, on the one hand, and the right to a fair trial, as well other competing constitutional rights such as the privacy of the witnesses and other interested or affected parties, on the other hand.
SANEF believes that these guidelines reinforce freedom of the press as well as the country’s democracy that recognises the fact that the court must be open and accessible to the public unless there is a good reason not to. These rights are enshrined in the Constitution. The Constitution endorses freedom of expression, including the freedom of the press and other media and the freedom to receive or impart information.
However, SANEF has had to condemn an increasing number of incidents involving members of the Metro police and SAPS who prevented journalists from reporting on court proceedings where neither the justice department nor the magistrate gave a directive to bar the journalists.
In April 2020, the media was stopped from entering the courts in Cape Town to report on the case of 55-year-old Stephen Birch of Parow who was arrested for posting a disinformation video about contaminated COVID-19 test kits. Birch has been released on a warning to appear in court for a second time for contravening regulation 11 (5) of the National Disaster Management Act. Police physically removed journalists who were there to report the proceedings – and did not give reasons for ejecting the media.
In January 2020, SAPS officials barred journalists from using electronic devices, including laptops and taking pictures inside the Durban Commercial Crimes court during the appearance of former Ethekwini Mayor Zandile Gumede. Gumede and her co-accused, are implicated in a 2016 R389-million Durban Solid Waste tender contract. This was not the decision or the order of the presiding magistrate.
The guidelines are clear that all representatives of the media “shall have the right to attend any court proceedings to report on such proceedings”. They also state that reporting should not in any way interfere with proceedings and it should be balanced and fair.
SANEF has also made unsuccessful applications in the past on behalf of media houses urging the court to allow journalists to broadcast court proceedings. The guidelines now stipulate that courts “ought not to restrict the nature and scope of the coverage, broadcasting and publication unless prejudice is demonstrable”. It says that mere conjecture or speculation that prejudice might occur is not to be enough”.
We call on all media houses and court reporters to become familiar with these guidelines. If The guidelines grant the media the right to take still photographs, and video footage during court proceedings, in the following circumstances, unless the court otherwise directs:
Court activities for fifteen minutes before the commencement of proceedings each day;
During any adjournment of proceedings or at the end of proceedings;
Any argument presented to the court where no evidence is led including but not limited to opening and closing argument and sentencing; and
Judgment and/or any other judicial rulings.
Lastly, the guidelines also state that individual journalists may record the proceedings on handheld digital devices, including mobile telephones and may use such digital devices to take photographs where no flashes are used without disrupting the proceedings.
SANEF regards the guidelines as a milestone after months of engaging the Magistrates’ Commission. We believe they will go a long way towards facilitating a cordial working relationship between the courts and the media in South Africa.
Note to Editors: The South African National Editors’ Forum (SANEF) is a non-profit organisation whose members are editors, senior journalists and journalism trainers from all areas of the South African media. We are committed to championing South Africa’s hard-won freedom of expression and promoting quality, ethics and diversity in the South African media. We promote excellence in journalism through fighting for media freedom, writing policy submissions, research and education and training programmes. SANEF is not a union.
Protection of children is critical in South Africa
Despite the special protection under our Constitution and the law, and the power they sometimes acquire in the news, children are often underrepresented or marginalised in the news story, when in fact they are deserving of protection, and reportage that is empowering and encouraging of their development.
At the end of 2019, the Constitutional Court grappled with finding the appropriate “balance between protecting children, promoting agency and ensuring freedom of expression and open justice are not unduly curbed”.
Striking the appropriate balance between the rights and interests of children and those of the media has and continues to present challenges and tensions. However, it is possible and ultimately imperative, for the media to fulfil its role in advancing freedom of expression whilst simultaneously ensuring the rights of children are promoted and respected.
Children make up 34% of our population, which translates to around 19.7 million people under the age of 18.1
Children are afforded a special place in our homes, communities, and laws. Their evolving capacities, their potential, their resilience, their ability to learn, develop, change, and play-make them outstanding members of society, and in the eyes of our law. These same qualities also imbue them with colossal power in the news wherein many instances they are portrayed at their most vulnerable and most marginalised precisely to highlight the extreme nature of the story in which they feature.
Ethical dilemmas aside, the importance of children to our society and the violation of their rights and when they are on the wrong side of the law are critical news stories that need to be told. The challenge arises when the best interest of the child together with the special protections afforded in the law requires careful balancing acts to take place to ensure that critical news stories are told. But again, to ensure that children’s rights are respected. In this guide, we look at the latest developments and unpack critical issues relating to children, the media, and the law.
Therefore, all journalists must know scenarios and circumstances defining when a report or the story can reveal the identity of the child. They must also identify those instances that forbid the media from naming the child.
Over the past two decades, organisations like SANEF, UNICEF and Media Monitoring Africa (MMA) have published and distributed reports and guidelines that have sought to assist the media in reporting on children, and ultimately to find the best nexus between children and the media.
These guidelines have determinedly emphasised the rights of children, in particular, the importance of the principle of the best interests of children. They have guided the media on best practices when interviewing children, ensuring that children’s voices are promoted and have explained various legal positions relevant to the reporting of children.
The report and guidelines also navigate complex issues including how to report on children in the context of HIV/AIDS;
media coverage of human trafficking and child protection; and unpacking racial and gender representation of children in the media. The common trend and take away from the various guidelines is that informed, sensitive, and professional journalism is key to the promotion and protection of children’s rights.
This report was prepared with the assistance of ALT Advisory.
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