SECTOR 1

1.5 Print publications are not required to obtain
permission to publish from state authorities
There are no laws in South Africa that require print publications to obtain
permission to publish from state authorities.

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:

✓✓✓✓✓✓✓✓✓✓✓✓
5.0 (2013: 5.0; 2010: 4.9; 2008: n/a; 2006: n/a)

1.6 Confidential sources of information are protected
by law and/or the courts
On paper there is some level of protection guaranteed to whistle-blowers,
however, there is no law that specifically protects journalists’ confidential sources
of information. The so-called ‘Whistleblowing Act’ (the Protected Disclosures
Act of 2000) in theory protects whistle-blowers who have reported unlawful
or irregular conduct on the part of their employers or fellow employees,
although panellists felt that the existence of the Regulation of Interception of
Communications and Provision of Communication Related Information Act of
2002 (RICA) was a concern as it granted legal permission for communication
interception and surveillance in certain circumstances. RICA governs the
interception or monitoring of paper-based and electronic communications.
Despite the existence of the Protected Disclosures Act, panellists noted that
whistle-blowers ‘still lose their jobs’.
‘RICA doesn’t take into account the confidentiality of sources of information, so
can be used as an avenue by the state to interfere in the gathering of information
by journalists.’
In addition, Section 205 of the Criminal Procedure Act – a relic of the apartheidera – still exists on the statute books and can be used by a judge or magistrate
to subpoena anyone, journalists included, to provide information in relation to
an alleged offence: failing which they can be imprisoned. This is a direct threat
to the right to freedom of expression and freedom of the media in terms of
protection of sources.

15

AFRICAN MEDIA BAROMETER SOUTH AFRICA 2018

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