to pre-publication censorship such as
to “require the discovery and inspection
of documents” and also “access to any
record or copies thereof from any office.”
This would be the end of the long held
ethical practice of protecting one’s
sources and promoting the independence
of the media.
South Africa, touted as having one of
the best constitutions in the world, also
seems to be sliding backwards with the
formulation and promulgation of laws
that negate constitutionally guaranteed
rights to freedom of expression. The Film
and Publications Amendment Act passed
in 2009 and the introduction of the Public
Service Broadcasting Bill at the end of the
same year, pose a sobering thought to
advocates of freedom of expression.
The Film and Publications Amendment Act
is a typical example of good intentions
implemented through a bad law as it
allows pre-publication censorship in its
efforts to address child pornography.
Introduced in October 2009, the Public
Service Broadcasting Bill will bring about

many positive developments in the media
sector, but it also poses a threat to the
independence of the public broadcaster
in view of the fact that it vests wide
ranging powers with the Minister of
Communications.
Similarly, Namibia introduced the
Namibian Communications Act dubbed the
“spy bill” in the same mould of the much
criticised Interception of Communication
Bill of Zimbabwe in 2006. The Bill seeks to
set up “interception centres” to intercept
private emails as well as short messaging
services and telephonic communication
between citizens. While interception may
be justified in this age of international
terrorism, no individual or government
should have the right to eavesdrop on
conversation. It is a serious threat to
freedom of expression. Any interception
should be reasonably justifiable in a
democracy, and ideally the courts should
provide oversight to ensure that such
interception is not abused to persecute
and prosecute sworn enemies of the
powers that be.

22

The hope and promise of media law
reform brought about by the ushering
in of the Government of National Unity
(GNU) in Zimbabwe remained an illusion
until the end of 2009. Save for allowing
BBC and CNN back into the country, any
hope for legislative reforms have been
nothing more than a receding mirage as
the year came to a close with obnoxious
laws such as the Access to Information
and Protection of Privacy Act (AIPPA),
the Public Order and Security Act and
Broadcasting Services Act (BSA) that still
remain in the statute books.

democratisation process. Once these
standards are lowered, the media exposes
itself to attacks which justify its gagging.
All media regulatory bodies need to
ensure that the media uphold these
standards.

Conclusion
In conclusion, and based on the problems
besetting the media sector in the region,
there are two issues to focus upon:
Firstly, it is critical for the media and
for media practitioners to uphold the
highest standards of ethical reporting,
as well as to ensure truthfulness,
balance, accuracy and fairness. This will
ensure the integrity of the media as
part of an important institution in the

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Select target paragraph3