Symptom of wider structural flaws

The African National Congress proposals for an Information Protection

Bill and a Media Appeals Tribunal (MAT) in South Africa is a dangerously wrong reaction to real structural flaws in the country’s economy. The country faces a new Rubicon; as is the case with the media there is a need to change economic policies in favour of more diverse corporate ownership.

In an article on the openDemocracy website Andrew Rens and Dr Adam Haupt argue that South Africa finds itself in a somewhat awkward historical moment. They link the proposed moves on the media to the period following  the 1985 PW Botha Rubicon-speech, when despite declared reform promises the lack of real reform led to increased resistance and increasingly violent repression. In response there was increased centralisation of power in the office of the President in an increasingly autocratic state.

They also refer to the recent arrest of journalist Msilikazi wa Afrika and point out that it is considered by the press as a foretaste of what journalism might be like after the establishment of a media tribunal.

“The most compelling argument against the Protection of Information Bill and MAT is that these proposals undermine the fourth estate. News journalists are meant to play the role of watchdog by casting a critical eye on the functions of the executive, the legislator and the judiciary. The watchdog role is thus meant to keep civil society appraised of developments that affect the common good so that it may make decisions that serve the public interest. In order to play this role, the news media should have access to information and should be free to operate without fear or favour from the state,” they write.

They grant the argument that legal action to address issues like libel is costly and prolonged and that “it is notorious that the administrative machinery (of the judiciary) required for the justice system to operate is in need of serious reform, reform which the government has so far failed to carry out".

They then pose the question: “Why allocate resources which could be allocated to reforming the administration of justice merely to create a special fast-track of defamation claims? Why should those whose sensibilities have been offended by press portrayals of them rank ahead of all the other victims of the delay and expense of legal process; people imprisoned on suspicion awaiting their exoneration at trial, those seeking vindication of their socio-economic right to housing, health and education?”

The ANC’s media proposals also hope to address the oligopolistic structure of the news media in South Africa by looking at initiatives that address the diversification of media ownership. “In itself, this is fine. But it is worrying that the MAT along with measures like the Protection of Information Bill are being proposed as part of a solution to the problem of historic control and ownership – which suggests a completely different type of policy response. Instead, they look simply like threats to the news media’s role as watchdogs.”

In the face of the level of opposition to the proposals Rens and Haupt, foresee that the matter will end-up in the Constitutional Court and pose the question: “Would the judiciary have the integrity and necessary autonomy to interpret these new laws in relation to aspects of the Constitution, such as section 16 (which enshrines free speech)?”

They state that the Constitutional Court is “still largely dominated by black judges, many of whom were personally involved in the Struggle and are committed to separation of powers. There are concerns that this might change … if judge Hlope, currently in the Cape, were appointed Chief Justice when the current Chief Justice retires".

They also point out that the broader context  of these issues is a debate in the governing alliance itself, elements of which make assurances from President Jacob Zuma “that South Africans have nothing to fear from the proposed draconian measures seem either naïve or disingenuous. The measures would remain in place after his term as president".

Some of the problems and dangers highlighted, include:

How would the present leadership of the ANC Youth League (ANCYL) use these measures if they are elected to high office? They have made the nationalisation of mines its top priority – as opposed to to strategies for addressing the problems faced by the youth, such as poor education, sexual and physical abuse, poverty and poor housing, substance abuse and health care;

While Broad-Based Black Economic Empowerment has been criticised for not being broad-based at all and for creating a small black eleite, without giving any greater access to economic opportunity, the ANC makes calls for establishing a MAT as the means to deal with the commercial news media’s profit-orientation and concentration. “… the obvious questions to poses are; Why not change economic policy. Why not seek to create a social democracy that places a high premium on diverse ownership of all corporate enterprises, including the mines and the media? Why not implement policies that place a high premium on social spending?”

South Africa adopted European-style competition regulation, which prevents future concentrations of corporate power, but doesn’t do much about existing concentrations of corporate power. “The solution with respect to the media is to change economic policies in favour of more-diverse media ownership;” and

“One of the answers to these questions stems from analysis on the left. They argue that the ANC has, for some time, been in the habit of speaking left, whilst acting right. As William Mervin Gumede suggests in his penetrating analysis Thabo Mbeki and the Batle for the Soul of the ANC, the ANC’s economic policies fit squarely within the comfort zone of the very corporations that benefited from apartheid.”

The writers conclude that “it may be too soon to tell how things will end, but one thing is certain; big, corporatist capital needs the kind of social and political stability that cannot always be provided by vocal civil societies in democracies. It should be clear to clear-thinking forces within the ANC alliance, however, that whatever course you are embarked on to reform the real structural problems in the SA economy, including structural problems in media ownership, you cannot afford to do it without the discipline of remaining open to fearless critics. We are crossing the Rubicon – again. "

(To view the original article click here )