This study investigated the tension between the right to freedom of expression and the right to a fair trial in the context of the public broadcasting of criminal trials. The aim of the study was to determine whether the right of the media to broadcast criminal trials can be reconciled with the right of an accused person to a fair trial. To accomplish the above aim, the research undertook a review of the case law relating to televised criminal trials in order to determine how the courts have addressed the fair trial-free expression conflict. The study concluded that the ‘balancing exercise’ employed by the courts does not seem to have addressed this tension. Given that televised criminal trials are prone to sensationalism and the danger of fabrication of evidence, the study concludes that the broadcasting of criminal trials undermines the right to a fair trial. The study makes recommendations that are designed to ensure a proper balance between the freedom of expression as exercised by the media through the broadcasting of criminal trials on the one hand and the right of accused persons to a fair trial on the other.

A Dissertation present in partial fulfilment of the requirements for the Master of Arts Degree in the Political Studies, Faculty of Humanities at the University of the Witwatersrand, Johannesburg, 2016 / Pending legislation in South Africa in the form of the Protection of State Information Bill presents an unprecedented threat to freedom of the press in post-apartheid South Africa. Like most countries globally, there have been tensions between the ruling party, which represents the state and the media, who argue that freedom of the press is critical to democracy. Both are institutions that consider their presence essential elements in a democratic regime. There is a fine line between censorship and self-regulation. But equally important is the need to balance rights to privacy with information that is in the public interest. In a country seen to have one of the most progressive constitutions in the world, enshrining freedom of the press, there are, however, still many questions around the media and where they ideally fit into society. Should they be the watchdog? Should they be a mouthpiece? And 22 years into democracy, how free are they to choose which role they prefer? With the freedom of expression war between the media and the ruling party continuing to play out in South Africa, the challenge lies in understanding what role the media has in efforts to entrench democracy. / MT2017

This thesis considers the impact which the Protection of State Information Bill will have on media freedom in South Africa. During apartheid, draconian laws prevented the media from reporting freely, and newspapers as well as the broadcast media were heavily censored. When the country became a democracy in 1994, the political grip on the media faded, and a new era of press freedom began. However, the Protection of State Information Bill is seen as a direct threat to that freedom. The Bill, also known as the Secrecy Bill, will classify state-related information and censor the media who make public or are found to be in possession of, classified information. For journalists this means that the way in which they report and what they report will be severely restricted. The Bill will also impact on the willingness of whistleblowers to come to the fore. This study looks at the importance of a free press, at how the Secrecy Bill evolved, and how opposition parties and civil society set about opposing it. It will examine democracy and its relationship with a free press, and do a policy analysis of the Bill. It will also look at how civil society organisations came together to oppose the Bill, and some of the changes which came about as a result of this opposition.

The aim of this study is to present information to members of the South African press, academics in the field of journalism as well as individuals of the South African public who have a keen interest in printed communication in South Africa. The information presented discusses the practice of self-regulation in the South African press, through a study of the Press Council of South Africa (PCSA), the Press Ombudsman and the Press Appeals Panel that is a non-governmental organisation to regulate the press in South Africa. This study will include an analysis of the functions of the Press Ombudsman, the PCSA, the Press Appeals Panel, as well as the role of the constitution of the PSCA and the South African Press Code, which the PCSA uses as a guideline for publications that subscribe to it. Furthermore, a study into the complaints procedure and the determination of the outcome will be done in addition to the sanctions imposed on publications and journalists in breach of the Press Code as well as the acknowledgement given to individuals who have lodged a complaint to the Press Ombudsman, and the article or publication they have complained against had been in breach of the press code. In addition, this study will analyse the outcomes of selected complaints submitted to the PCSA as well as an analysis of submissions made to the PCSA task team and the Press Freedom Commission, an independent commission that was set up to research the regulations of the press. It was found that the PCSA strengthened the system of regulation with the help of the public. It is apparent that the organisation took into account many of the points raised in public submissions. Although the system is self-regulatory it is important to take note that it values and upholds the views of the public. Although though the sanctioning of wayward newspapers was not severe, it had become more defined in the amended code. A point of concern that did not improve over time is the time frame that the Press Ombudsman‟s Office took to resolve the disputes. The delays caused in some disputes were caused by loop holes in the press code and complaints procedure as well as defiant journalists. The PCSA is currently being restructured. As a society changes, the press industry needs to adapt to its needs. This means that the press code will have to constantly be developed to suit society‟s rapidly changing needs. The PCSA has attempted to meet those needs by constantly changing to ensure that the regulatory structure remains relevant.

Thesis (MPhil)--Stellenbosch University, 2002. / ENGLISH ABSTRACT: The furor around racism in the media was brought to the surface in 1999 when the Black Lawyers Association and the Association of Black Accountants of South Africa appealed to the South African Human Rights Commission to investigate the South African media. This request was based on the presumption that the South African media was rife with racism and urgently required attention. The subsequent enquiry was the source of much controversy and accusation. Almost three years since the enquiries inception, the issue of racism in the South African media has not disappeared despite decreasing media coverage in recent months. When the South African Human Rights Commission launched the enquiry into racism, prominent media leaders including key editors and newspaper representatives were summoned to appear before the controversial Commission. Some media leaders felt the Commission was a direct attack on the freedom of the Press. Others felt the enquiry was long overdue or slammed it as an all-time flop. Furthermore, pure and simple criticism of the government is still perceived as racism when it is the Press fulfilling its role as the 'watchdog of democracy' . Various Press theories, for example Developmental or Libertarian, impact on the perceived role of the Press in a democratic nation. The standard of journalism in a country can also impact on the way in which the press is perceived. For example, there are times when inept reporting is misunderstood as racist reporting. This assignment is a broad overview of the enquiry into racism in the media and the concerns around this issue as well as the response to it. It takes a closer look at the role of the media and the relationship between the media and the state. In particular, it focuses on how criticism of the government can be misread as racism, as well as investigating how the standard of journalism impacts on the way in which the media serve the public. The South African National Editors Forum launched a skills audit in 2002 and the results were surprisingly negative. The general standard of journalism in South Africa was assessed as "low". This assignment looks at the findings of the audit in the light of the above questions surrounding the standard of journalism as it pertains to reporting on race and accuracy, understanding and objectivity. The last section of the assignment takes a brief look at several examples of how to report on race in South Africa and what to be aware of when considering sensitivity to race issues. The questions as to whether it is racism, healthy criticism misconstrued as racism, or simply inept reporting, are explored. Although an expansive topic by nature, this paper provides an overview of the key issues pertaining to media ethics as it pertains to racism in the South African media. / AFRIKAANSE OPSOMMING: Die skandaaloor rasisme in die media was te vore gebring in 1999 toe die Black Lawyers' Association en die Association of Black Accountants die Suid Afrikaanse Menslike Regtes Kommissie gevra het om die Suid Afrikaanse media te ondersoek. Die versoek was gebaseer op die gedagte dat die Suid Afrikaanse media rasisties is en dringend aandag nodig het. Die ondersoek was baie kontroverseel en het na baie beskuldiging gelei. Omtrent drie jaar nadat die ondersoek begin het, is die kwessie van rasisme in die Suid Afrikaanse media nog lewendig alhoewel daar minder daaroor geskryf is in die land se publikasies. Toe die Suid Afrikaanse Menslike Regtes Kommissie die ondersoek op rasisme begin het, is belangrike media leiers - redakteurs en koerant verteenwoordiges - voor die Kommissie geroep. Sommige van die media leiers het gevoel dat die kommissie 'n direkte aanval op Vryheid van die Pers was; ander het gevoel dat die Ondersoek belangrik was en nog ander dit as 'n mislukking bestempel het. Eenvoudige kritiek van die regering deur die Pers is ook as rasisme gesien alhoewel hulle die rol van 'bewaarder van demokrasie' vervul. Daar is verskeie Pers teories, byvoorbeeld "Developmental" of "Libertarian" wat die persepsie van die rol van die pers beindruk het. Die standaard van joernalistiek in 'n land bepaal deur hoe die Pers gesien is. Byvoorbeeld, somtyds is slegte verslaggewering as rasisties bestempel. Hierdie opdrag is 'n wye oorsig van die ondersoek op rasisme in die media, die bekommernis oor die kwessie en die reaksie daaroor. Dit kyk nader na die rol van die media en die verhouding tussen die media en die staat. Dit fokus op hoe kritiek van die regering as rasisme misgelees kan word en gee ondersoek aan hoe die standard van journalistiek na beskuldiging van rasisme kan lei. Die "South African National Editors' Forum" het 'n Vaardighede oudit in 2002 opgedoen en die uitslae was negatief. Die standaard van joernalisme in Suid Afrika was as "laag" assesseer. Hierdie opdrag kyk na die oudit se vindings in die lig van die bogenoemde vrae oor die standard van joernalistiek: verslaggewing oor rase en akuraatheid, en objectiviteit. Die laaste deel van die opdrag kyk na verskeie voorbeelde van hoe om oor rase verslag te gee en waaroor te dink as jy sensitief teenoor rase kwessies wil wees. Die volgende vrae is na gekyk: Is dit rasisme; gesonde kritiek wat as rasisme bestempel word, of eenvoudig, slegte verslaggewing? Hierdie opdrag gee 'n wye oorsig oor die belangrike kwessies van media etiek in verhouding met rasisme in die Suid Afrikaanse media.

Thesis (MPhil (Journalism))--University of Stellenbosch, 2006. / This study aims to locate the South African National Editors’ Forum (Sanef) within South Africa’s transformation from apartheid to a nonracial and constitutional democracy. This entails first examining the potential for participation demonstrated by editors’ societies at different democratic stages and defining the ideal democratic roles of journalism. The recent political history of journalism in the country is summarised to draw out the particular obstacles to editors’ unity and the transformation needs in South Africa’s racialised context. Then the forum’s history from 1995 to 2000 is reconstructed in detail using documentary sources. This covers the formation and launch periods of Sanef, and the next couple of years of the forum’s existence. This study is described as a historical, qualitative inquiry from the inside, observing both the sequence of events and the motives related to the context and to concepts of democratic role. It is unusual in that it is a historical study of a journalism society and it uses journalism theories to guide the research and the analysis. The research shows that despite having to overcome divisive issues from their past, the editors chose to play their part across all democratic roles: liberal, social democratic, neoliberal and participative. Activities were mostly linked to the current democratic stage. Many involved the self-transformation of journalism and journalists, leading to the suggestion of a fifth role for journalism in emerging democracies. However, some Sanef projects were not completed despite their significance for democratic journalism and others had no strategic rationale. This study recommends that Sanef be more strategic in its activities and look to other emerging democracies for appropriate solutions to problems. It is suggested that failing to do so could result in more complex problems for journalism in South Africa in the future. Finally, it is noted that the existence of a stable and prominent forum giving editors, senior journalists and journalism educators a united voice in areas of common interest in itself lends serious weight to their democratic participation.

During the Angolan War of 1975-6, whilst South African troops were actively engaged on the side of the Unita/FNLA alliance, news media in South Africa were prohibited from disclosing information about the country's role in the war. Under Section 118 of the Defence Amendment Act of 1967, no information about SA troop movements or plans could be published without the permission of the Minister of Defence or his nominees. This case study shows how the Government used the Defence Act to censor certain news while releasing other news which suited its political outlook and objectives. The study documents the history of the Defence Act and of the military-press liaison machinery which grew out of it. The introduction defines propaganda as a technique of ideological control designed to supplement the control of society by means of repression. The study sets in context the Government's propaganda strategy before, during and after the Angolan War, arguing that the structures of white domination, including the newspaper industry, are being drawn into the Government's scheme of total co-ordination to fight a total war.

This research focuses on the controversy surrounding the exhibition and media publication of Brett Murray’s painting, The Spear of the Nation (May 2012). It takes the form of a qualitative Critical Discourse Analysis (CDA), underpinned by Fairclough’s (1995) three-dimensional approach, to investigate how the contesting discourses articulated by the ruling political party (the ANC) and the news media have been negotiated in the City Press coverage in response to the painting. While the contestation was fought ostensibly on constitutional grounds, it arguably serves as an illustrative moment of the deeply ideological debate occurring in South Africa between the government and the national media industry regarding media diversity, transformation and democracy. It points to the lines of fracture in the broader political and social space. Informed by Foucault’s conceptualisation of discourse and the role of power in the production of knowledge and ‘truth’, this study aims to expose the discourses articulated and contested in order to make inferences about the various ‘truths’ the ANC and the media make of the democratic role of the press in a contemporary South Africa. The sample consists of five reports intended to represent the media’s responses and four articles that prominently articulate the ANC’s responses. The analysis, which draws on strategies from within critical linguists and media studies, is confined to these nine purposively sampled from the City Press online newspaper texts published between 13 May 2012 and 13 June 2012. Findings suggest the ANC legitimise expectations for the media to engage in a collaborative role in order to serve the ‘national interest’. Conversely, the media advocate for a monitorial press to justify serving the ‘public interest’. This research is envisioned to be valuable for both sets of stakeholders in developing richer understandings relevant to issues of any regulation to be debated. It forms part of a larger project on Media Policy and Democracy which seeks to contribute to media diversity and transformation, and to develop the quality of democracy in South Africa.