There are a thousand good reasons why the Protection of Information Bill and the Media Appeals Tribunal are insidious, dangerous, and damaging to our democracy. We all know them. And that's the problem: "we".
All the necessary arguments about press freedom have been made. Everything that needs to be said about proposed laws to make government information secret, and to make journalists accountable to politicians, has been said. The threat posed to the media as a key constitutional safeguard of freedom has been clearly explained.
In The Daily Maverick, deputy editor Phillip de Wet has written perceptively and provocatively on President Jacob Zuma's letter about the proposed Media Appeals Tribunal. Publisher and editor Branko Brkic masterfully dissected the way the ANC uses the rhetoric of demagogues and tyrants to make people believe the fiction that an unrestricted media is dangerous to the national interest and abusive of individual dignity. If you haven't read them, do so now.
Leading newspapers and influential blogs are full of stories about the issue. Most, like this editorial in the Mail & Guardian, this speech by Mamphela Ramphele, and this opinion from constitutional law expert Pierre de Vos, are thoughtful, powerful appeals to wake up to a dangerous reality that threatens our hard-won liberty. If you haven't read them, do so now.
They are correct. A bill that permits almost anyone in a government or parastatal leadership position to classify information on broad grounds is a legal cloak for corruption. There is a fundamental conflict in the notion of a media watchdog body appointed by the very same politicians the media should keep answerable to the public.
The ANC keeps repeating that its intention is not to cover up corruption, or control the media. There are many reasons to doubt this; not least the abolition of the Scorpions and the recent warrantless arrest of Sunday Times journalist Mzilikazi wa Afrika. But let us assume that it is true.
In April this year, my column entitled The Darkness of Africa highlighted proposed media laws in Uganda as a dangerous precedent for South Africa and the rest of the continent.
In it, I quoted former US president Lyndon B Johnson, who responded to the assertion of honourable intent quite plainly: "You do not examine legislation in the light of the benefits it will convey if properly administered, but in the light of the wrongs it would do and the harms it would cause if improperly administered."
Marc Wilson, a reader commenting on De Wet's article, made the same point as follows: "The one simple arrow that shoots straight to the heart of the ANC's argument is this: the test of a good law is whether the lawmaker would be comfortable with the law in another party's hands. Would the ANC be happy if the proposed media laws were used by the DA, or even the old NP?"
Some people voice their opposition to these laws with intelligence and gravitas. Many more limit their protests to puerile activism, proposing toothless t-shirt slogans and futile online petitions.
But we all argue, we rail against authoritarianism, and we assert our moral rights. Meanwhile, the people gathered to witness the release of Mzilikazi wa Afrika yell, "Traitor!"
Those people are not among the "we" who discuss this. They do not read the Mail & Guardian, or The Daily Maverick. What they see is the party of the people, their beloved ANC, ranged in opposition to the media of the wealthy, liberal elite. What side do you think they'll take, witnessing the bombastic antagonism of the press?
They listen to the radio, and if they read at all they probably read the Daily Sun.
Why, then, does the Auckland Park Declaration contain only print media names? Did broadcasters decline to participate?
Editors may habitually dismiss populist tabloids as shallow and irrelevant to important media issues, but a blank front page in the Daily Sun – by far the country's biggest daily newspaper – would mean more than the high-minded outrage of all the other publications put together.
It is the ANC's constituency, the working classes and the unemployed, who must be convinced that this fight is not about the right of elites to gripe and moan about the ANC.
They, the voting majority, need to understand that the press is the bastion that defends ordinary people against abuse of power and lack of service delivery by the government.
They need to understand that this "debate", as the ANC insists on calling it, is about whether or not the people's press have the legal right to hold elected officials accountable to the people who elected them.
They must be convinced that their hard-won freedom is under threat, from laws that look and feel exactly like Apartheid's weapons of oppression.
During that dark era, grassroots organisations led the fight by educating the masses about the policies and laws that denied them their rights. That kind of public awareness campaign is sorely lacking in this fight about press freedom.
Sadly, this is about "us" and "them", yes.
The media, much like the official opposition, has in sixteen years of democracy failed to unite the country behind it. It makes eloquent arguments and reasoned appeals, but much of the time it talks to itself or to a small intellectual elite. In perception, and too often as a matter of fact, it remains the solipsistic voice of the educated and the rich. It talks to people who understand pedantic words like "solipsistic" and "pedantic".
That is why the media will lose this battle.













That said, non-tabloid SA papers look like they are all trying to report objectively because they are so uniformly centre-right, especially in the business sections which might as well all be written by the same computer at CapitalistPRAVDACorp.
If I was ever accused of a heinous act I would attempt to garner as much media attention as possible, because in the ensuing scrum the media end up trampling on their own and the odds for survival would increase.
I'm not keen on market-speak as a point of entry on media 'failure'. The media constitute their audience as much as they simply give the audience what they want. For the most part, the media rests on the laurels of that latter node of what should be a dynamic relationship.
And audience responses (comments, for example) to critical political writing is one piece of evidence of how the media have denied and reneged on their role in opinion forming.
It's curious: media declaring that they hold the keys to information and opinion, but at the same time falling back on 'just giving the audience what they want'.
While unions are themselves sometimes given to antidemocratic practice (witness the regular intimidation and abuse of non-striking workers during strikes) they also possess a healthy mistrust of those in political power.
It is to the labour movement that we must look in the search for allies in the struggle for a democratic SA.
If I was ever accused of a heinous act I would attempt to garner as much media attention as possible, because in the ensuing scrum the media end up trampling on their own and the odds for survival would increase.
Koi scramble amongst themselves/
for the winner, pride of place at the fish braai
Sies mense. Arm yourselves with notepads and pencils. Go out into the public and get comments from the people who aren't "us".
Whether this has been carried forward in The Sun's editorial is another issue... but not one that rests entirely on Khumalo's shoulders, I suspect. I wondered why The Daily Voice wasn't included on that list of signatures, and then remembered that half the senior members of Sanef spent the last ten years publicly rubbishing tabloids as the worst thing that ever happened to "their" journalism. So yes, that's why the media will lose this battle.
The media are not practicing their Press Code, and continue to cloak thier own unethical and biased decision-making, by self-censorship. If I use your statement of "A bill that permits almost anyone in a government or parastatal leadership position to classify information on broad grounds is a legal cloak for corruption," then I could argue the media are practicing this self censorship about their unethical decision-making, as a self-censorship cloak of media corruption.
It is the pot calling the kettle black. It is why media editors lack moral standing, cause you, like the ANC, have tossed your morals out the window (if you ever had Voltarian constitutionalist morals), in favour of political correctness, censorship of stories that you prefer your readers not be aware of, irrespective of their importance to any open society debate, or their interest to readers, or any such notions, simply because you wish them covered up, because they include your corrupt motives and/or media prejudice towards groups whom you disagree with, and consequently whose persecution you endorse (See 140 SA elite say No Thanks to the Rule of Law).
Instead of reporting the news, from all different cultures with a motive of the search for the truth on any given story, to accurately tell the story; the media decided they would take over the censorship role, once it was allegedly lifted from them after the end of apartheid.
The difference between Apartheid censorship and post 1994 media censorship is that Apartheid was honest about its censorship and gave its reasons therefore, while the media lie through their teeth and pretend to practice freedom of speech and expression.
The media will lose this battle, unless they start taking a serious interest in hearing honest feedback and criticism (not that sycophancy from thier obedience to media-censorship-ubuntu clan), and doing serious self analysis, and taking responsibility for your corrupt censorship behaviour.
The truth is there is no free corporate or goverment media anywhere on planet earth. All practice censorship, whether it be corporate media elite editors who censor information they object to, or goverment elite politicians who censor information they object to.
Both goverment and corporate media elite have one censorship ideology in common though, because both benefit from censorship of this information.
See: How and Why Journalists Avoid the Population-Environment Connection.
and the 6th Law of Sustainability:
You see both of these elite not only benefit financially from population growth and 'economic growth' (the increased consumption of finite resources), but they also benefit from the collission of overpopulation with scarce resources, i.e. by their fake offers of bandaid to braintumour problem solving. In this matter they play a blame game, one group accuses the other, but none of the groups address the root causes of the socio-economic consequences of overpopulation colliding with scarce resources, because both sides in effect are what is referred to as Poverty Pimps, because population growth and growth in consumption of resources (alleged 'economic growth) is GOOD FOR THEM, but nobody else!, certainly not for future generations who are going to find that finite resources are GONE!!, finished, no more.
(Labor's Untold Story, Richard O. Boyer & Herbert M. Morais. Published: United Electrical, Radio & Machine Workers of America, NY, 1955/1979.)
To use your example, I choose not to write your theory on population growth and resources, because I believe it to be wrong. Instead, I argue the opposite. The fact that you can refer to a text that makes your argument undermines your claim of censorship.
Only governments can act as censors.
Come on. Get real. One guy's view in 19th-century America is hardly an accurate characterisation of the press today. It is true that while political independence (which is what was meant by the toast) was worth drinking to, the separation of advertising from editorial and the control of owners over newsrooms posed dangers to journalistic independence in those days. Swinton pointed that out. No doubt, his rant made an impression, and helped to improve the practice of journalism, at least at the more serious papers.
Today, individual cases of journalists beholden to their publishers, advertisers or political masters still exist. However, discovery is a cause for shame, and competing publications, including both professionals and amateurs on the internet, are free to publish the truth. They revel in the opportunity to point out that a competitor uncritically published a press release, wrote a feature that flatters a prominent advertiser on the facing page, or pulled a story because of pressure from owners or advertisers.
I am free to write whatever I like. Nobody tells me what to write. Nobody (other than readers, on occasion) suggests column topics, and I can accept or reject them as I choose. My opinions are frequently in opposition to the opinions of my editors and publisher. Neither they, nor politicians, nor advertisers, nor owners, prevent me from writing my honest opinions.
In fact, the editor of The Daily Maverick has defended me, without even asking me to explain myself, on several occasions against very powerful corporate interests. On one occasion, a large advertiser threatened to pull all advertising from all publications in a publisher's stable, because of a harshly critical piece I wrote on their company. The "rich men behind the scenes" wielded threats worth several times my annual salary, and he did not jump, or dance. On another, an advertiser threatened legal action, and demanded an immediate meeting. Not only did he make the financial director of one of the largest companies in the country travel a long way to come to our offices, but he did so only to tell him to get lost. He did not jump, or dance.
Moreover, once I've written my honest opinions, I can do nothing to prevent the publication of opposing views, whether as reader comments or as columns by professional journalists. Even if I could do so in this publication, I cannot prevent it in others. That is what is meant by an independent press.
How does that make me an intellectual prostitute? I am offended, not just at the insult, but because that would make me a particularly cheap whore.
Did you read the report: How and Why Journalists avoid Population Environment Connection, and journalists statements on how and why they self censor? and on whose financial and corporate elite behalf?
Are you stating that the following individuals reports on media censorship, hows and why's are lying, or inacurate?
* Propaganda by Edward Bernays (the father of 'Public Relations')
* Manufacturing Consent: The Political Economy of the Mass Media (1988), by Edward S. Herman and Noam Chomsky
* Breaking The News: How the Media Undermine American Democracy,
James Fallows
* Amusing Ourselves to Death: Public Discourse in the Age of Show Business,
Neil Postman
* How Do Journalists Think?: A Proposal for the Study of Cognitive Bias in
Newsmaking, S. Holly Stocking
* Manufacturing Consent in democratic South Africa: Application of the propaganda model, Scott Lovaas
* Power and the News Media, Teun A. van Dijk
* Media Madness: The Corruption of Our Political Culture, James Bowman
* The New Media Monopoly, Ben H. Bagdikian
* Mediated: How the Media Shapes Our World and the Way We Live in It,
Thomas de Zengotita
* Population politics: The choices that shape our future, Abernethy, V. (1993)
* Agents of power: The role of the news media in human affairs, Altschull, J. H. (1984).
* From Poet to Pistol: Reflections on the ecological complex, Bailey, K. D. (1990), Sociological Inquiry 60 (4): 386-394.
* Deciding what’s news, Gans, H. (1979).
* Beyond agenda-setting, Gandy, O. (1982).
* When real estate and home building become big business: Mergers, acquisitions and joint ventures, Goodkin, L. (1974).
There are plenty more... which reinforce Mr. Swinton's 'intellectual prostitute' quote as still being entirely relevant in this day and age, perhaps even more so.
All also provide more detailed background to: How and Why Journalists avoid Population Environment Connection.
Only addressing the root causes of problems, will ever ameliorate or solve any problem.
Population Policy is the foundational policy upon which all other goverment policies rely upon in a goverment that is serious about good governance and carrying capacity resource allocation, future planning, etc.
When you as a root cause problem solving man decide to wait until you have gotten an education, a loving wife, a stable home, some money saved in the bank for a future education for a child, and only then decide to procreate (i.e. to bring another human being into this world) to have a baby, what you are practicing is 'population policy planning'.
When you raise your children, they need to reach a particular age and cognitive level, before you allow them out on a date, or before they can ride their bike to school, or before they can watch certain programs on television; because you know that pornography for 8 year olds, is not good for them, they are unable to comprehend its meaning. If you are a very concerned population policy parent you also don't purchase lots of violent computer games for your kids, becuase you know how it affects their little young minds. You would not give your 13 year old the right to vote you out of 'dad office', when he does not like your decision that he has to go to school, instead of join a gang; would you?
Read what probably one of the greatest journalist's that ever lived had to say about democracy for the ignorant masses! H.L. Mencken! Journalists don't even listen to their own Galileo's, let alone their readers!
Forbidden Thoughts from Mencken
http://mises.org/daily/3359
Other good ones on Mencken...
H.L. Mencken on Liberty and Government
http://mises.org/daily/1018
H. L. Mencken: The Joyous Libertarian by Murray N. Rothbard
http://www.lewrockwell.com/rothbard/rothbard19.html
Same principles of the fear of the common man for the responsibility of freedom, can be found in Erich Fromm's, Escape from Freedom, Stanley Milgram's Obedience to Authority, Solomon Asch: The legacy of Solomon Asch.
In fact the Radical Honesty SA Amicus currently before the Constitutional Court currently makes exactly some of these 'obedience to herdlike conformity authority' etc. arguments, namely that the legal definiton of the 'reasonable man', is an illusion, and is not based on reality, as proven by Asch, Milgram, and Zimbardo experiments, etc. But then again, you'd probably know that, if its contents weren't being censored by the media, wouldn't you? ;-)
• they did all they could to "kill and bury stories about Obama's relationship with "Reverend" Jeremiah Wright";
• discussed strategies on how to accuse any journlaists who wanted to vet Obama's campaign, with allegations of "racists" and "bigots", so as to threaten them into silence;
• discussed how they wanted Rush Limbaugh killed off and dead;
• their desire to get the government to censor and shut down Fox News; and
• and coordinated liberal talking points that would discredit Sarah Palin and John McCain, while helping to elect Barack Obama president.
Journolist Equals Journalistic Corruption
http://spectator.org/blog/2010/07/23/journolist-equals-journalistic
My point is not that they were liberals, they could have been conservatives, the point is that its highly unethical conduct, from journalists at the Washington Post, New York Times, National Public Radio, New Republic, Time, Newsweek, etc.
If they were lawyers, they would be disbarred, but I don't know of any of them who have even been fired, by their news corporations!
I should invite you onto a taxi ride home one day and let you listen to the level of argument the lowly masses engage in. a further fatal flaw to the argument is the assumption that my reading the daily sun et al (and of being of a certain demographic, not a race reference so please keep it in the holster) automatically excludes me from certain other types of media nonsense. *a very deep sigh
Why dont each and every newspaper run this story day in and day out? Front page news, because thats simply what it is! Keep the story there everyday. You are the media, you can decide what is on the frontpage, so just do it!
But taking about it everyday second day or once a week is not good enough, instead talk about it everyday.
Also stop dancing to the ANC song, don't report on any of their meetings but rather just keep on hitting the general public with this story time and time again.
Is it not THAT simple!?
And - Why on earth the press should be unbiased escapes me, I want to be able to read people's opinion.
Finally If the Daily M was hosted in UK would you still be part of the South African press and subject to the laws governing it?
A big difference between the control exercised by the NATs was that in their era it was easy to control the media which broadcast from a few easy to identify places - with the media less a source of information but more a place of coordination (see the role of twitter in China and Iran)and with access to this debate in the hands of anyone who has a WAP enabled mobile phone (almost everyone)this entire debate may actually be irrelevant.
To quote Rupert Murdoch
“To find something comparable, you have to go back 500 years to the printing press, the birth of mass media – which, incidentally, is what really destroyed the old world of kings and aristocracies. Technology is shifting power away from the editors, the publishers, the establishment, the media elite. Now it’s the people who are taking control.”
Ivo - thats what I meant in that Tweet over the weekend :)
but that's exactly my argument (against yours), that this type of discourse DOES happen. your argument only succeeds if certain assumptions stand