EXPELLED - This category relates to the free movement of media workers. It
involves incidents where journalists are expelled from a country, are prevented from
entering a country (denying of Visas, work papers or accreditation), are prevented
from 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 is not all about violations, since 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 - 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 statistics
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? 2005

-8-

Media Institute of Southern Africa

Select target paragraph3