SECTOR 1 Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 2.8 (2010: 2.9; 2008: 3.2; 2006: 2.6) 1.3 There are no laws or parts of laws restricting freedom of expression such as excessive official secrets or libel acts, or laws that unreasonably interfere with the responsibilities of media. South Africa, compared to other countries in the region, is in a better position in terms of not having excessive laws that restrict journalistic practise. There are no legal requirements to becoming a journalist. There is no criminal defamation act in South Africa, or insult laws to the same degree as in other countries: defamation is a civil matter. Section 205 of the Criminal Procedure Act11 can, in theory, compel journalists to reveal their sources of confidential information but this is seldom used in practice and the judicial system tends to side with journalists in such instances. However, there remain a vast number of statutes from the apartheid era, which can in theory curtail freedom of expression and hamper journalists’ work in the name of national security. These include the National Key Points Act,12 the Defence Act13 and the Prisons Act.14 The Department of Public Works recently invoked the National Key Points Act in an attempt to thwart an investigation in the upgrade of President Zuma’s homestead, Nkandla. The act entitles the Minister of Police to arbitrarily declare any place a ‘national key point’, deemed vital to national security, and thus where rights to freedom of expression and access to information are severely restricted. 11 12 13 14 South Africa. Criminal Procedure, Act 51 of 1977. South Africa. National Key Points Act 102 of 1980. South Africa. Defence Act, Act 44 of 1957. South Africa. Prisons, Act 8 of 1959. AFRICAN MEDIA BAROMETER SOUTH AFRICA 2013 17