Nigeria Content Online

New media rules planned by the South African government are
symptomatic of the draconian apartheid-era press laws and could hinder the
growth of democracy in the country, the Committee to Protect Journalists said
yesterday.

The New York-based media freedom group, in an open letter to
President Jacob Zuma, said the proposed laws would severely curtail the
country’s media independent.

The group says it writes the letter to express concern about the
legislative proposals that it believes would severely restrict South Africa’s
independent press corps, ‘which is distinguished for its dynamism and
professionalism.’ ” We call on you as the head of state and leader of the
ruling African National Congress (ANC) to ensure that such proposals are either
amended in line with constitutional safeguards for freedom of the press and
access to information, or withdrawn altogether in the interest of preserving
the transparency, accountability, and democracy gained after apartheid,” the
CPJ said.

The country’s parliament is currently considering an information
bill that ruling African National Congress MPs say will protect state secrets,
but media groups said could prevent investigative reporting and curtail reports
on corruption.

“The Protection of Information Bill currently before parliament
is meant to replace an apartheid-era law dating from 1982. Yet the broad
language and far-reaching provisions of the legislative proposal introduced by
Security Minister Siyabonga Cwel is reminiscent of apartheid-era regulations
since it would virtually shield the government from the scrutiny of the
independent press and criminalize activities essential to investigative
journalism, a vital public service. Journalists, under the proposed law, would
face heavy jail time for violations,” the CPJ said.

It also reveals that the bill propose that “officials and state
agencies would have unchecked authority and discretion to classify any public
or commercial data as secret, confidential, protected, or sensitive based on
vaguely defined ‘national interest’ considerations and without any explanation,
according to our research and legal experts.”

Shelve the law

Also, political appointees overseeing state intelligence
agencies would have final say over which information should be classified or
not.

The bill places the onus on journalists to establish ‘public
interest’ (broadly defined as ‘all those matters that constitute the common
good, well-being or general welfare and protection of the people) to justify
declassifying any information.

The Executive Director of the CPJ, Joel Simon, called on Mr.
Zuma to amend or shelve the Protection of Information Bill and the Media
Appeals Tribunals proposal.

“We ask that you ensure that any media reform in South Africa is
the result of a transparent, consultative process reconciling the interests of
government, the ANC, and the concerns expressed by the overwhelming majority of
civil society,” he said.