They do not talk about this in public. They talk about press
freedom and perceived potential external threats to it from
government, the ruling party and not threats from commercial
interests.
Therefore, the debate about "who pays for the news" must also be
opened, in a constructive manner. Are editors under pressure to
sell their papers at whatever cost, including at times relying on
unchecked and unverified smears in order to boost sales?
What protection does an ordinary citizen who cannot afford
lawyers have when their rights have been violated? How can they
compete with powerful business interests who control the media
either through ownership or advertising spend?
The ANC cannot and will not pose any threat to the media. It is
not in its interests to do so. Not when it is working so hard to
consolidate and protect this hard-won democracy and freedom. We
would never do anything to jeopardise the gains we have made.
But we have a responsibility to democratise every aspect of
South African society. It is our historical duty.
The ANC has for many decades led struggles to liberate the
masses of our people, both black and white, from the repressive
system of apartheid. As early as the 1950's, the ANC defined the
kind of South Africa it wants.
This culminated in the adoption of the Freedom Charter, which
forms the basis of our work and programme of action since 1994.
It was in this context that the African National Congress
adopted the MAT resolution at its 52nd National Conference in 2007.
It is proper to publish the full resolution:
"ON MEDIA FREEDOM 125.
The ANC must promote the school of thought which articulates
media freedom within the context of the South African Constitution,
in terms of which the notion that the right to freedom of
expression should not be elevated above other equally important
rights such as the right to privacy and more important rights and
values such as human dignity.
ON THE ESTABLISHMENT OF A MEDIA APPEALS TRIBUNAL (MAT)
126. Conference adopts the recommendation of the Policy
conference that the establishment of a MAT be investigated. It
accordingly endorses that such investigation be directed at
examining the principle of a MAT and the associated modalities for
implementation. Conference notes that the creation of a MAT would
strengthen, complement and support the current self-regulatory
institutions (Press Ombudsman/Press Council) in the public
interest.
127. This discourse on the need for a MAT should be located
within a proper context. It has to be understood as an initiative
to strengthen the human rights culture embodied in the principles
of our constitution (Constitution Act of 1996) and an effort to
guarantee the equal enjoyment of human rights by all citizens.
128. It particularly relates to the balancing of human rights
in line with section 36 of the Constitution of the Republic. This
especially relates to the need to balance the right to freedom of
expression, freedom of the media, with the right to equality, to
privacy and human dignity for all.
129. The investigation should consider the desirability that
such a MAT be a statutory institution, established through an open,
public and transparent process, and be made accountable to
Parliament. The investigation should further consider the mandate
of the Tribunal and its powers to adjudicate over matters or
complaints expressed by citizens against print media, in terms of
decisions and rulings made by the existing self-regulatory
institutions, in the same way as it happens in the case of
broadcasting through the Complaints and Compliance Committee of
ICASA.
130. The investigation should further consider remedial
measures which will safeguard and promote the human rights of all
South Africans.
131. The Media and other stakeholders, including civil
society, shall be consulted to ensure that the process is open,
transparent and public. Parliament will be charged with this
mandate to establish this MAT, in order to guarantee the principles
of independence, transparency, accountability and fairness.
It is evident from the resolution, that the proposed
establishment of the MAT, even at the time that the ANC discussed
it and adopted it, was never and will never be used to settle
scores or to undermine the Constitution of the Republic.
The ANC acknowledges the need for the work of the MAT to be
transparent and fair, and this can be effectively done through
people’s institutions such as Parliament which has public
representatives.
Our Parliamentarians come from different political parties, and
importantly the public is also allowed through due processes to
participate in the work of government.
The allegation that the ANC therefore through the establishment
of the MAT, wants to control the media is false and misleading.
The MAT is meant to protect South Africans, rich or poor, black
or white, rural or urban. The ANC, as the leader in South African
society, cannot fail in its duty to defend our Constitution and to
protect and defend the rights of citizens.
The debate has nothing to do with the experiences of certain
individuals with the media. This is not personal; it is aimed at
advancing the freedoms that are enshrined in our Constitution. It
is aimed at ensuring that those who do not have money to go to
lawyers can still obtain protection, as they do from the
Broadcasting Complaints Commission of South Africa.
The broadcast media is regulated to protect the public as it is
such a powerful institution. The print media, like other
institutions, cannot be viewed to be above the Constitution.
All South Africans are equal before the law, and they are equal
before the Constitution of the Republic. We must remember also that
no right is absolute in terms of our Bill of Rights. Therefore our
interpretation of our individual rights must always be understood
in the context of the rights of other South Africans.
Our contention is that the ANC does not, and will never pose any
threat to media freedom. The media must seriously conduct
introspection and open a constructive debate about the role of this
institution in a post-apartheid South Africa. Is the media a mirror
of South African society? Is it in touch with what the majority of
South Africans feel and think? Does this institution actually know
and understand South Africans? Why was it surprised by the
explosion of national pride during the Soccer World Cup tournament?
Why did South Africans decide to rise above the daily diet of
negativity and defeatism that they are fed daily in the media?
What is the impact of ownership on content and staffing? What is
the ideological outlook of the media? Is there an alienation with
the post-apartheid democratic order and thinking? Are we on the
same wavelength regarding where South Africa should go politically,
socially and economically? Does the media understand this well
enough to articulate it to South Africans, to enable to accurately
judge government action and performance?
Let me reiterate that the ANC will never do anything that
undermines the spirit of the Constitution of the Republic, and
which erodes the dignity and rights of other people, regardless of
their standing in society.
Let us have an open debate about the role of the media and its
alignment with the Constitution of the Republic and human rights
culture. Let us openly debate the ownership, content and diversity
issues. Let there be no holy cows. The media should allow the ANC
and the public the right to freedom of expression.
We will use our right to express what we think. And we should
not be silenced by claims of "threats to press freedom."
Let the real debate begin. Let there be no holy cows!
freedom and perceived potential external threats to it from
government, the ruling party and not threats from commercial
interests.
Therefore, the debate about "who pays for the news" must also be
opened, in a constructive manner. Are editors under pressure to
sell their papers at whatever cost, including at times relying on
unchecked and unverified smears in order to boost sales?
What protection does an ordinary citizen who cannot afford
lawyers have when their rights have been violated? How can they
compete with powerful business interests who control the media
either through ownership or advertising spend?
The ANC cannot and will not pose any threat to the media. It is
not in its interests to do so. Not when it is working so hard to
consolidate and protect this hard-won democracy and freedom. We
would never do anything to jeopardise the gains we have made.
But we have a responsibility to democratise every aspect of
South African society. It is our historical duty.
The ANC has for many decades led struggles to liberate the
masses of our people, both black and white, from the repressive
system of apartheid. As early as the 1950's, the ANC defined the
kind of South Africa it wants.
This culminated in the adoption of the Freedom Charter, which
forms the basis of our work and programme of action since 1994.
It was in this context that the African National Congress
adopted the MAT resolution at its 52nd National Conference in 2007.
It is proper to publish the full resolution:
"ON MEDIA FREEDOM 125.
The ANC must promote the school of thought which articulates
media freedom within the context of the South African Constitution,
in terms of which the notion that the right to freedom of
expression should not be elevated above other equally important
rights such as the right to privacy and more important rights and
values such as human dignity.
ON THE ESTABLISHMENT OF A MEDIA APPEALS TRIBUNAL (MAT)
126. Conference adopts the recommendation of the Policy
conference that the establishment of a MAT be investigated. It
accordingly endorses that such investigation be directed at
examining the principle of a MAT and the associated modalities for
implementation. Conference notes that the creation of a MAT would
strengthen, complement and support the current self-regulatory
institutions (Press Ombudsman/Press Council) in the public
interest.
127. This discourse on the need for a MAT should be located
within a proper context. It has to be understood as an initiative
to strengthen the human rights culture embodied in the principles
of our constitution (Constitution Act of 1996) and an effort to
guarantee the equal enjoyment of human rights by all citizens.
128. It particularly relates to the balancing of human rights
in line with section 36 of the Constitution of the Republic. This
especially relates to the need to balance the right to freedom of
expression, freedom of the media, with the right to equality, to
privacy and human dignity for all.
129. The investigation should consider the desirability that
such a MAT be a statutory institution, established through an open,
public and transparent process, and be made accountable to
Parliament. The investigation should further consider the mandate
of the Tribunal and its powers to adjudicate over matters or
complaints expressed by citizens against print media, in terms of
decisions and rulings made by the existing self-regulatory
institutions, in the same way as it happens in the case of
broadcasting through the Complaints and Compliance Committee of
ICASA.
130. The investigation should further consider remedial
measures which will safeguard and promote the human rights of all
South Africans.
131. The Media and other stakeholders, including civil
society, shall be consulted to ensure that the process is open,
transparent and public. Parliament will be charged with this
mandate to establish this MAT, in order to guarantee the principles
of independence, transparency, accountability and fairness.
It is evident from the resolution, that the proposed
establishment of the MAT, even at the time that the ANC discussed
it and adopted it, was never and will never be used to settle
scores or to undermine the Constitution of the Republic.
The ANC acknowledges the need for the work of the MAT to be
transparent and fair, and this can be effectively done through
people’s institutions such as Parliament which has public
representatives.
Our Parliamentarians come from different political parties, and
importantly the public is also allowed through due processes to
participate in the work of government.
The allegation that the ANC therefore through the establishment
of the MAT, wants to control the media is false and misleading.
The MAT is meant to protect South Africans, rich or poor, black
or white, rural or urban. The ANC, as the leader in South African
society, cannot fail in its duty to defend our Constitution and to
protect and defend the rights of citizens.
The debate has nothing to do with the experiences of certain
individuals with the media. This is not personal; it is aimed at
advancing the freedoms that are enshrined in our Constitution. It
is aimed at ensuring that those who do not have money to go to
lawyers can still obtain protection, as they do from the
Broadcasting Complaints Commission of South Africa.
The broadcast media is regulated to protect the public as it is
such a powerful institution. The print media, like other
institutions, cannot be viewed to be above the Constitution.
All South Africans are equal before the law, and they are equal
before the Constitution of the Republic. We must remember also that
no right is absolute in terms of our Bill of Rights. Therefore our
interpretation of our individual rights must always be understood
in the context of the rights of other South Africans.
Our contention is that the ANC does not, and will never pose any
threat to media freedom. The media must seriously conduct
introspection and open a constructive debate about the role of this
institution in a post-apartheid South Africa. Is the media a mirror
of South African society? Is it in touch with what the majority of
South Africans feel and think? Does this institution actually know
and understand South Africans? Why was it surprised by the
explosion of national pride during the Soccer World Cup tournament?
Why did South Africans decide to rise above the daily diet of
negativity and defeatism that they are fed daily in the media?
What is the impact of ownership on content and staffing? What is
the ideological outlook of the media? Is there an alienation with
the post-apartheid democratic order and thinking? Are we on the
same wavelength regarding where South Africa should go politically,
socially and economically? Does the media understand this well
enough to articulate it to South Africans, to enable to accurately
judge government action and performance?
Let me reiterate that the ANC will never do anything that
undermines the spirit of the Constitution of the Republic, and
which erodes the dignity and rights of other people, regardless of
their standing in society.
Let us have an open debate about the role of the media and its
alignment with the Constitution of the Republic and human rights
culture. Let us openly debate the ownership, content and diversity
issues. Let there be no holy cows. The media should allow the ANC
and the public the right to freedom of expression.
We will use our right to express what we think. And we should
not be silenced by claims of "threats to press freedom."
Let the real debate begin. Let there be no holy cows!
