SECTOR 4

The media practice high levels of
professional standards.
4.1
The media follow voluntary codes of professional
standards, which are enforced by self–regulatory
bodies that deal with complaints from the public.
Print
In August 2007 the media industry established a Press Council which adjudicates
complaints from the public through the Ombudsman and the Press Appeals
Panel. (Previously there had only been a Press Ombudsman). Rulings are based on
a code of conduct developed through a consultative process by the media industry.
Participation is voluntary but nearly 700 publications subscribe to this system,
including all major newspapers and magazines.
The Press Council consists of six public and six media representatives. Media
organisations nominate their representatives whilst an appointments panel
comprising three council members and a judge chooses the public representatives
from among nominations received in response to advertisements in the press.
Members of the public who take issue with an article or perceived unfair treatment
by the media bring their complaint to the Press Ombudsman and have to sign a
waiver forfeiting their right to civil litigation over the matter.
If the Ombudsman cannot resolve the case, he will hold a hearing with two
members of the council (one journalist and one public representative). Any appeals
against the Ombudsman’s finding (either from the complainant or the defending
newspaper) will go before an Appeals Panel of three members – a retired judge of
the Supreme Court of Appeal as chair and one representative each of the public
and the press.
The Ombudsman or the Appeals Panel can demand that the newspaper found to
have violated of the code publish a correction and an apology prominently, as well
as the findings of the Council. This is regarded as a severe sanction in the industry:
having to make such a public apology, let alone repeated apologies, could bring the
paper into disrepute and endanger its credibility with its readers.
Approaching the Press Ombudsman is considered a good, efficient and speedy
method of resolving complaints especially for members of the public who cannot
afford to pursue civil litigation. But the system does have shortcomings. It is
questionable that complainants should have to waive their right to approach
civil courts if they are not satisfied with a finding, because the right to litigation

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AFRICAN MEDIA BAROMETER SOUTH AFRICA 2010

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