remove the bar on pre-publication classification of newspapers and broadcasters and which
has been causing quite a furore amongst media and civil society organisations. Hearings were
held by Parliament in 2007 and objections raised. The Bill was amended to reinstate media
exemptions for licensed broadcasters and for members of the Newspaper Association.
In a submission to the National Council of Provinces (the final legislative authority before Bills
are signed into law by the President), the South African National Editors Forum stated that the
amendments did not go far enough as not all publications are members of the Association and
that the Bill potentially conflicted with constitutional provisions. They suggested, among other
things, that the exemption be extended to all publications which subscribe to the Press Code.
SCORES:
Individual scores:
Average score:

1.4

4, 2, 4, 4, 3, 3, 3, 3, 4
3.3
(2006 = 2.8)

Entry into and practice of the journalistic profession is legally
unrestricted.

ANALYSIS:
There are no legal restrictions to becoming a journalist and no laws regarding registration.
SCORES:
Individual scores:
Average score:

1.5

5, 5, 5, 5, 5, 5, 5, 5, 5
5.0
(2006 = 5.0)

Protection of confidential sources of information is guaranteed by law.

ANALYSIS:
The Criminal Procedures Act in its section 205 compels journalists to reveal their sources – or
face imprisonment. There is, however, an interim agreement between the Ministers of Justice
and of Safety and Security, the National Director of Public Prosecutions, and the South African National Editor’s Forum which recognizes the need to balance the demands of law and
order on the one side and the rights of journalists to protect their sources and work without
hindrance on the other.
SCORES:
Individual scores:
Average score:

1.6

2, 1, 1, 2, 1, 2, 2, 1, 2
1.6
(2006 = 1.1)

Public information is easily accessible, guaranteed by law, to all citizens,
including journalists.

ANALYSIS:
South Africa’s constitution guarantees every person the right of access to information. The
Promotion of Access to Information Act of 2000 gives effect to this right.
So This Is Democracy? 2008

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Media Institute of Southern Africa

Select target paragraph3