SECTOR 1

The biggest threat to South African freedom of expression at the moment,
however, is the Protection of State Information Bill, which has been passed by
parliament and at the time of the AMB was awaiting the signature of President
Zuma.15
Although significant amendments have been made to an earlier bill, following
lengthy public consultation, there are still significant areas of concern, and state
interests are still prioritised over transparency and freedom of expression.
If passed, this bill will have a chilling effect on the operations of the media. Journalists
intentionally accessing classified information or simply being in possession of
classified documentation can face severe jail terms. There is currently no ‘public
interest defence’ that would exempt people in possession of such documents from
being fined or jailed, meaning that using such documents for investigations into
possible corruption by state officials would be a criminal offence.
Had this bill been passed, it would not have been possible for the media to report
on what has become known as the ‘Waterkloof saga’, in which a chartered
aeroplane carrying wedding guests of the politically connected Gupta family was
permitted to land at the Waterkloof Air Force Base, as such a report could been
seen as jeopardising state security.
“If this atrocious bill is passed now, South Africa will be entering a very unhealthy
state.”
“The discourse in the South African media is polarised between ‘us’ and ‘them’, the
media and the politicians, and the reactions are based on extreme defences, with
politicians being extremely sensitive to the media being ‘out to get them’… The
trend in South Africa is to restrict freedom of expression, rather than growing it.”

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: 4.0; 2008: n/a; 2006: n/a)

15 Just before the publication of this report (12.09.2013) President Zuma made the decision to send the Protection of
State Information Bill back to Parliament for amendments. The results of this decision are yet to be seen.

18

AFRICAN MEDIA BAROMETER SOUTH AFRICA 2013

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