Proposed media tribunal a bitter pill to swallow

Leading journalists and other prominent South Africans held a lively debate in Cape Town last night, organised by the Helen Suzman Foundation, in Cape Town over the ANC's recent policy proposal for the creation of a media tribunal. At the ANC conference in Polokwane last year, the proposal called for a review of media self-regulation and an investigation into the possibility of setting up a media tribunal.

Journalists raised concerns that any regulation by a media tribunal will control the media rather than regulate it, which would result in media censorship. However the proposed tribunal wants to improve the quality of South African journalism that acknowledges human rights. "The other point of consensus was the recognition that the freedom of expression right is not a special right and therefore has to always be balanced and in accordance with the values of the constitution, principally human dignity," says Associate Professor Richard Calland from the University of Cape Town's Public Law Department.

Calland, who is skeptical about the formation of the tribunal, says the tribunal should rather concentrate on issues around protecting people's privacy and reputations to avoid more defamation cases. "The one area were there is a need for further investigation is the question of the right to reply. Many people ... if they feel defamed by the media, their remedy is going to the high court to claim damages for defamation."

Calland says the focus of the tribunal should be to improve the standard of reporting and not censoring journalists. - edited by Margaret Maluleka