I

n 2014, media freedom in
South Africa was off to a disturbing start, with reports in
late January that police shot
dead 62-year-old freelance
journalist, photographer and
community activist, Michael
Tsele, during a service delivery protest in Mothutlung in
the North West of the country.

This incident launched a year marked
by increased assaults, intimidation and
harassment towards media workers, in
particular photographers.
Deputy President Cyril Ramaphosa offered hope for the government’s attitude
toward media freedom when he spoke
at the South African National Editors’
Forum (SANEF) annual Nat Nakasa
awards ceremony in June 2014. He said
it was necessary for the media to hold
government accountable by challenging
it and being critical, but stated it was important to be balanced and also tell the
good stories.
In general, however, 2014 lay witness
to a disturbing increase in anti-media
messages from the South African ruling party. When the results of the national election were announced, for
example, Malusi Gigaba, head of ANC
election campaigns told journalists at a
press conference on 11 May, “you campaigned hard against the ANC and we
beat you. We defeated you.”

FREE EXPRESSION AND THE LAW
Overturned defamation conviction
is individual victory but long term
set-back for free expression
In December 2014, journalist Cecil
Motsepe won his appeal in the Pretoria
High Court in South Africa, against the
criminal defamation conviction handed

down to him in June 2013. The conviction related to an article Motsepe,
then a reporter for the daily newspaper
Sowetan, wrote in 2009 investigating alleged racist judgments of a South African magistrate.

[The shooting of
freelance journalist
and photographer,
Michael Tsele]
launched a year
marked by increased
assaults, intimidation
and harassment
towards media
workers, in particular
photographers.
The overturned conviction was a victory
for Motsepe. However, the Media Institute of Southern Africa (MISA) is deeply
concerned because the court also ruled
defamation as a crime for journalists is
in line with South Africa’s constitution –
a ruling described by the Freedom of Expression Institute as clearly inconsistent
with the regional and international trend
away from criminal defamation.

“Spy Act”, “Secrecy Bill” and
National Key Points Act too broad
and vulnerable to abuse
Some of the other key laws negatively
impacting on access to information and

So This is Democracy? 2014

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