supplying labour services to Independent Newspapers and Johnnic Communications, and is
accused in the pamphlet of engaging in exploitative employment practices.
• ALERT
Date: July 19, 2007
Persons: Mail & Guardian, Media 24
Violation: Censored

On July 19 2007, a gag order was granted against the Mail & Guardian (M&G), Media 24
“or any other person”.
Pretoria High Court Judge Lettie Molopa issued the order preventing the Mail & Guardian et
al from publishing the details of an explosive report into alleged corruption, abuse of power
and intimidation at the SABC.
UPDATE: Since May 2005, six interdict applications have been launched in the Johannesburg
High Court against the M&G. Though a number of applications were ultimately rejected, two
interim interdicts were initially granted.
• ALERT
Date: May 31, 2007
Persons: Media in South Africa
Violation: Legislation (threatening legislation)

The Parliamentary Portfolio Committee on Home Affairs has reinserted the exemptions for the
media into the controversial Film and Publications Amendment Bill.
However, there are still serious issues in the Bill, that impact negatively on freedom of expression beyond the media. The Freedom of Expression Institute (FXI), in a public statement,
expressed the hope that these problems will be attended to during debates in the National
Council of Provinces.
In terms of the Bill, any person (other than newspaper publishers) who intends to distribute a
publication that contains visual presentations, descriptions or representations of sexual conduct,
propaganda for war, incitement to imminent violence or hate speech, will have to submit the
publication for classification.
This means that non-media creators of publications, such as artists, writers and academics,
will be subject to the same sort of pre-publication censorship that the media fought so hard
to avoid.
The FXI noted that it is entirely inappropriate for a government institution like the Film and
Publications Board to be the arbiter of what can and cannot be read or viewed. Even if the Board
decides to grant such publications an exemption on literary or artistic grounds, it is dangerous
to hand the power to decide whether to allow publications or not over to the government, as it
opens the door to government censorship of controversial speech.
In retaining this classification requirement for publications, the Portfolio Committee has failed
to address the crucial distinction between films and publications recognized in the Film and
Publications Act of 1996. In terms of the Act, films are subject to tighter regulation than publications, as the former are considered to be more pervasive than the latter. Works of art are
considered to be publications, and were therefore subject to lighter regulation. Publications
were classified only if someone complained about them.
The Bill changes this arrangement. Now publishers will be required to submit potentially
controversial material before distribution, and will be guilty of a criminal offence if they do
not. This is untenable. It will lead to great uncertainty amongst publishers and artists about
whether they are required to submit their work or not, which may well lead to self-censorship.
Cutting edge creative work cannot thrive in such a climate.
The Bill also treats publications containing descriptions of sexual conduct as suspect, requiring
them to be submitted for classification. This requirement smacks of the morality police; the
government should not be in the business of controlling the sexual expression of its citizens.
So This Is Democracy? 2007

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Media Institute of Southern Africa

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