SECTOR 4

is a constitutional right. Another concern is that the Ombudsman system does
not accept complaints on articles published in online publications. At times it
takes quite long for a case to be adjudicated – therefore the Council appointed a
deputy ombudsman earlier in 2010 to assist with the increase in the number of
complaints received. There is also criticism over the fact that a paper may have
carried the story in question as headline news on page 1, but then buries the
apology somewhere on the inside pages.
In addition to the Press Council, several media houses, such as Media 24, the
Avusa Group and the Mail & Guardian weekly have appointed their own inhouse ombudsman who deals with complaints from the public in a regular column.
In December 2007 the ruling party ANC mooted the idea of setting up a statutory
body at parliamentary level – a Media Appeals Tribunal. The idea was taken up
again in July 2010, the argument being that self-regulation of the media was
not “sufficient” and that it should be possible to take “punitive measures” against
“offending” media and journalists. The media, prominent individuals and many
civil society groups – while acknowledging that the self-regulatory mechanism can
and should be strengthened – have since voiced their protest against these plans.
Constitutional experts argue that any statutory regulation of the media would
limit freedom of expression and thus contravene the constitution.
Broadcasting
In broadcasting, there are two complaints bodies – one statutory and one voluntary
– and broadcasters themselves decide which one they want to fall under.
The statutory Complaints and Compliance Committee (CCC) is a body set
up by the regulator ICASA. The Broadcasting Complaints Commission of SA
(BCCSA) is a self-regulatory body under the National Association of Broadcasters
(NAB). The SABC and commercial operators who are members of the NAB have
opted for self-regulation. Most community broadcasters – who cannot afford
membership in the NAB - fall under the CCC.
Both bodies have essentially the same code and similar sanctions. The BCCSA
is very active and spots are broadcast regularly by radio and television stations to
encourage the public to approach the commission whenever they are dissatisfied
with news or programmes. Its rulings are not automatically made public by
the media and there is no specific requirement to broadcast them (although
prominent cases are reported on). The commission, however, does try to make sure
that broadcasters abide by its rulings and keeps in touch with complainants to see
if they are satisfied with the ruling and the subsequent behavior of the broadcaster.
The CCC comprises eight members appointed by ICASA after a public
nominations process and is supposed to be independent from ICASA. With
ICASA being in charge of regulating broadcasting and telecommunications, the

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