BANNED - This category relates to the free movement of media workers. It involves
incidents where journalists are expelled from a country or from a place within a
country; are stopped from covering an event, barred from covering an event or entering a place; are prevented from entering a country (denying of visas, work papers
or accreditation) or leaving a country; are barred from travelling into a country or
from entering certain areas; and generally inhibited from moving freely in order to
perform their work. The statistic given is for the number of media workers involved.
LEGISLATION - This relates to all aspects of the legislative process and the application of common law. It includes instances where official proposals are made for new
laws; legislation is passed; laws are amended or struck down either in parliament or
by the courts; and civil litigation is instituted against media. This category does not
only refer to violations, as there can be legislation that enhances media freedom and
freedom of expression. This has been pointed out accordingly through the descriptive
terms ‘threatening legislation’ and ‘positive legislation’. The statistic given is for the
number of incidents reported under this category, as opposed to the number of media
workers or media organisations involved.
SENTENCED - This is when a judgement is handed down against a media worker
involving either a prison term or a fine. The statistic given is for the number of media
workers involved.
THREATENED/ HARRASSED - This involves a threat from a public official, a
death threat, various forms of harassment (such as veiled warnings, threats of action,
or interference in editorial processes), or journalists being questioned or interrogated
on their sources. The statistic given is for the number of media workers or media
organisations involved.
VICTORY - This is self-explanatory in terms of its implication for the media, but
involves different types of incidents. Some incidents falling under this category have
immediate implications for individual media workers or media organisations (being
released unconditionally, having charges dropped, winning or avoiding civil litigation, overturning gagging orders and acquittal on criminal charges), while others have
broad implications that advance media freedom, access to information or freedom
of expression in general (favourable policy statements from public officials, the
adoption of media-friendly laws or policies, favourable and precedent-setting court
judgements, and favourable procedures and decisions by statutory or other bodies
dealing with matters of media content or freedom of expression). The statistic given
is for the number of incidents reported under this category.
OTHER - These are incidents which do not necessarily involve the media, but which
affect aspects of freedom of expression or speech in general. These can involve cases
of sedition against a member of the public, a general curb on free speech, parliamentary
speech or access to information (e.g. matters involving the internet, pornography, hate
speech, political speech), a violation of the right to freedom of assembly and protest,
or an incident relating to artistic or academic freedom. Incidents involving the media,
which do fall under this category, involve that of media pluralism (a publication closing down because of financial reasons) or incidents involving access to the public
media. The statistic given is for the number of incidents reported under this category.

So This Is Democracy? 2008

-2-

Media Institute of Southern Africa

Select target paragraph3