Media in South Africa

Independent newspapers code of conduct

- "We respect an individual's right to privacy, except where this clearly conflicts with the public interest, and we discourage any actions which entail unjustifiable intrusion into private grief and distress."

Pierre de Vos

- "It [the legal case] provides Julius Malema with a platform from which he can act as a leader of the 'revolution' and can thus enhance his reputation and image. This helps us forget about the things that really make him an objectionable character, namely that he is a tenderpreneur who has mysteriously become rich while he masquerades as a man of the people who cares for the poor." Strossen's point that hate speech code increases resentment towards minority groups à Afriforum's public profile did not benefit from the case. Many pointed out that their actions were 'petty' and counterproductive. It solidified their reputation as a right-wing group, acting in the interests of a privileged minority. It did nothing to raise awareness of farm murders or to support the genocide thesis of many of its supporters. Strossen's point that legislating against hate speech curbs the kind of inter-group dialogue required to reduce discrimination à The mediated settlement went further than the legal procedures towards reducing discrimination. Many pointed out that it was a pity that the legal case preceded the mediation. On the other hand, perhaps the mediation wouldn't have happened without the legal case.

Susan Sontag on photographs and suffering

- "So far as photographs with the most solemn or heartrending subject matter are art - and this is what they become when they hang on walls, whatever the disclaimers -- they partake of the fate of all wall-hung or floor-supported art displaying in public places. That is, they are stations along a - usually accompanied - stroll. Disaster and trauma often become events via which photojournalists launch their careers.

Some rights reserved

- 1.Attribution: You let others copy, distribute, display, and perform your copyrighted work — and derivative works based upon it — but only if they give you credit. - 2.Noncommercial: You let others copy, distribute, display, and perform your work — and derivative works based upon it — but for noncommercial purposes only. - 3.No Derivative works: You let others copy, distribute, display, and perform only verbatim copies of your work, not derivative works based upon it. - 4.Share alike: You allow others to distribute derivative works only under a license identical to the license that governs your work. (sic) (Creative Commons South Africa, 2005) - A differential copyright system? - A fair compromise? - Work that is not commercially viable enters the public domain. - Commercially viable work is protected by special application for an extension for the term of protection.

Case study 2: Rwandan Genocide

- 6 April 1994: President Habyarimana is assassinated. Genocidal killings follow in what has been termed the world's "most efficient" genocide. Many have emphasised the role of the media in the genocide. Print media accused of starting Hate Speech against Tutsis, Radio Television Libre des mille Collines and Radio Rwanda accused of spreading it. Broadcast racist sentiments on differences btwn Tutsi and Hutu (before and during genocide). Also broadcast false messages of alarm - need to defend against Tutsi attack, creating panic. Broadcast sentiments that led to genocidal acts of violence against women. Broadcast actual instructions for killings of specific people in specific areas. The case of Rwanda demonstrates what Hate Speech actually is, and shows that words can be much more than hurtful. The genocide seems a good gauge of the negative effect that Hate Speech can have. But it also shows the difficulty of legislating against it; the vague, metaphorical language (e.g. use of metaphorical terms such as inyenzi) used makes it difficult to prove the harm intent. Easy to jam the airwaves once Hate Speech is being broadcast; it is much harder to censor such speech beforehand. One needed the wisdom of hindsight.

The case against oscar

- A bloodied cricket bat is the central piece of evidence in the unfolding murder investigation into Reeva Steenkamp's death. - City Press can reveal that police are investigating different scenarios involving the bat - one of which is that her boyfriend, Olympic hero Oscar Pistorius, used it to viciously assault her. - The police are also investigating two more possibilities: that Steenkamp may have used the bat in self-defence, or that Pistorius used it to break down the toilet door behind which Steenkamp was hiding from him. - We can further reveal that police specifically requested that Pistorius' blood be tested for drugs and steroids. Steenkamp's skull was "crushed" and police tests on the cricket bat and her body will reveal if the injuries were caused by blows to the back of her head. - "There was lots of blood on the bat. Forensic tests will show whose blood it was," said a source with inside knowledge of the case. - Media all over the world then followed this lead, reporting on City Press's report. - City Press's reputation was greatly boosted by the report. - Police went on to deny leaking this information to the press. - At the bail hearing, it appeared that Basson was misinformed to a certain extent, and City Press's reputation retrospectively suffered a bit of a blow. - Was the use of a confidential source justified in this story? - The use of confidential sources is, however, a prominent feature of investigative reporting. - Sometimes sources will only reveal vitally important information under condition of anonymity. - This is particularly the case with whistleblowers (informants who expose wrongdoings within an organisation in the hope of stopping it). - Moreover, a whistleblower's anonymity is often required when the stakes are high and when the information is in the public interest. - Example: Muldergate/Information Scandal would never have come to light without the confidentiality clause.

True confidentialty

- A journalist will never reveal the idnetity of their source and is prepared to go to prison in order to protect that source, which rarely happens in democratic settings.

News values and trauma

- Deals with magnitude, trauma, unexpectedness, negativeity, human interest, continuity and unfolding actions, involvement of elite nations

Policy

- Defined as a plan because it is a combination of aims and means to address specific problems. Aims + means + time frame = policy. Media policy as public policy or citizenship policy. Media policy is inherently political - As public policy, there are similarities with other national policies like trade policy, foreign policy, making war or peace, environmental policy, etc. There are also fundamental differences because media institutions have dual character as cultural industries - Media institutions also serve dual markets: delivering audiences to advertisers, and selling news to audiences! - Media policies represent (normally) the state's view of media industries, esp. their role in society. - Media policies can be in the form of codified laws or policy documents, or simply implied through practice - The nature and values of society influence the type of media policies adopted. - Media policies can either constrain or liberate the public sphere. - Media policies have their policy constituents, e.g., journalists, corporates, the state, the "public."

Examples

- Parks Mankahlana (watchdog), individual approach vs community oriented-ubuntu - MAnto Tshabalala Msinmang- SABC withdraws from SANEF due to lack of ubuntu

Ethics codes

- Professional - Institutional - These are linked to regulation- self-regulation, voluntary co-regulation - Against- not difference between law and ethics - Some sanction, but not legal sanction - Different process

2007 Frere Hospital Expose

- Daily Dispatch reported on poor conditions in the maternity ward of Frere Hospital, going on to win awards for their investigative journalism. - The main whistleblower, a medical superintendent, did not speak to the media anonymously and subsequently lost her job. - Would it have been better for the source to speak anonymously?

Why focus on Africa in this lecture?

- We are still democratising and firming institutions of democracy - including media - post - authoritarian regimes in some countries. "Nowhere are disastrous effects of Western Europe's insult and sedition laws more evident than in the nations of Sub- Saharan Africa. "Virtually every French-speaking African nation has its own version of France's 1881 insult law, and in most former British colonies, sedition laws and laws prohibiting insults to "foreign princes" continue to be enforced." In Western Europe these laws are seldom invoked. Their continued existence, however, provide certain African leaders " with a convenient justification when invoke such laws to protect their "honor and dignity" or the "reputation of the State."

Where do ethical principles come from?

- When making ethical decisions, media practioners appeal to ethical theories, with their own value systems - Theories fall into 5 main categories- values based on: o Virtue o Duty o Utility o Rights o Love - Differences of opinion which is most suitable- ex) in SA between rights (freedom) and love (relational/community responsibility)

Mail & Guardian story

- When the M&G published a story based on the allegations that the NP leader, Mr van Schalkwyk had slept with Mr. David Hermanus - Mr Van Schalkwyk complained to the Press Ombudsman of SA that the story was unfair defamatory and not in the public interest

Psedunoyms

- You can refer to a person by their title or position like a fire fighter wanted to be anonymous. In features where your source is also a subject, you might rather use a psedyonym with an asterisk stating the ame has been changed

Key Elements of ECA

-Electronic Communications Act 2005 - To promote convergence in broadcasting, broadcasting distribution and telecommunication sectors and to provide a legal framework for the convergence of these sectors. To provide for the granting of new licenses and new social obligations, to provide for the continued existence of the universal Service Agency and the unversial service fund - ECA provisions: Electronic comms infrastructure, radio frequency spectrum, technical equipment and standards, interconnections, competition, consumer issues, USASA and USF

the 3 Cs

-computing, communications and content -regulating new media

What does intellectual property cover?

-copyright -trademarks -patents

Case study: Julius Malema and Kill the Boer

- ANCYL leader Peter Mokaba first uttered the refrain "Kill the Boer, kill the farmer" at the funeral of Chris Hani in 1993. The song was sung again ten years later at Mokaba's funeral, leading to complaints to the Human Rights Commission from the Freedom Front. The Freedom Front appealed and the HRC eventually ruled that, in accordance with section 16 (2) of the Constitution, it is hate speech. Another ANCYL leader, Julius Malema, sings a Zulu version of the song at his 29th birthday party (March 2010). Then sings it again a few days later at a rally at the University of Johannesburg. The rally = aired on television à and, importantly, the lyrics are translated. - Complaints flood in and an equality court judge orders Malema to stop singing the song until the matter is decided in the high court. Malema flouts these court orders & sings the song on a no. of occasions -- sometimes with a difference The singing of the song opens up debate on the issue of "farm murders". AfriForum, the Freedom Front and various other groups argue that the rise in farm murders since 1994 is a form of state-sanctioned genocide. They take issue with the singing of the song "Kill the Boer", arguing that it constitutes direct incitement to cause harm and is thus undeserving of Constitutional protection. Afriforum takes Malema to court. ANC comes out in support of Malema. ANC spokesperson Jackson Mthembu claims song needs to be understood within context of the Struggle and the Boer is not meant literally, but rather refers to all supporters of apartheid. "This song was sung for many years even before Malema was born... Julius doesn't even know who's the writer of the song. He got it from us [the ANC]. You must blame the ANC, don't blame Julius. But when you blame the ANC, then contextualise it." At the same time, Juju's profile is raised. He appears to his supporters as a victimised individual whose right to freedom of expression is being compromised. Receives much media coverage. Judge Collin Lamont eventually ruled that the words used in the song were "derogatory, dehumanising and hurtful" and ruled against the singing the song in public or at private functions. Minutes after he delivers his judgement, Malema supporters outside the court erupt into song. ANC Statement: "We view this judgement as an attempt to rewrite the South African history which is not desirable and unsustainable. This ruling flies against the need to accept our past and to preserve our heritage as an organization and as a people." They appeal, but not, as Pierre de Vos points out, on Constitutional grounds.

Voluntary code regulation

- ASC in recent years have tried to get media appeals where you could be fined and the media was resisting that

Digitilization

- All forms of data such as alphanumeric text, graphics, still and moving pictures and sounds are translated into 0s and 1s or digital bits. This then enables controlled storage in large volume, easy manipulation and display of these data, quick transmission without loss of quality in an integrated bit stream on a common channel. - Convergence and digitilisation mean that content previously carried by single medium can now be distributed via several physical media such as electronic newspapers. - Digital era characterised by 'abundance' of frequency spectrum, many-to-many flow of info, non-linear (on-demand) programming, convergence of sectors, transnational/global flow of information. - The challenge: Applying 'old' values e.g., pluralism and diversity, fairness and impartiality, social responsibility, cultural and linguistic identity, common decency, etc., to digital broadcasting. - Applying traditional means of content control to the digital ecology

What is ethics?

- Alzheimer dilemma (Heinz-dilemma) - Ethical dilemmas- questions about what is the correct thing to do apart form self-interest and what is required legally - Questions about values, responsibilities and achieving certain goods while not ignoring the rights of others - Features of ethical problems: pressure to decide under uncertainty, a complex set of facts, conflicting values and options - Ethics requires that I adopt a social perspective that looks to the common good and transcends selfish individualism. Ethically speaking: how ought I to live? Cannot be asked in isolation from the question: how ought we to live?

Apparent/perceived vs. real conflict of interests

- An apparent conflict of interests (ex. A journalists who is related to a politicians, but they have had no contact with their relative for several years. A real conflict of interests (a journalists who is married to a politician. Even perceived conflicts of interests are problematic because, if uncovered, they can erode public trust in the profession.

How does the DMCA and Sonny Bono Act affect those of us living outside the US

- Apart from ... unilateral and bilateral measures, the United States has been using the GATT [General Agreement on Trades & Tariffs] framework to make intellectual property a significant part of multilateral agreements. As I pointed out earlier, by characterizing failure to respect even the most expansive Western notions of intellectual property as a "significant barrier to trade" or a "subsidy" conferred upon domestic industries, the United States hopes to be able to use the GATT trade framework as an enforcement mechanism. (Boyle, 1996: 122- 123)

Consequentialism

- Argument for using graphic photos, it would make road safety relevant in people's minds - Direct consequences, disrespect to the family or person and you could cause grief - Unforeseen consequences

The press code

- Avoid anonymous sources unless there is no other way to deal with the story - Care should be taken to corroborate the information - Some publications will cite anonymous sources only if the editor gives the journalist permission (e.g. The Mail & Guardian) - If sources will only speak on condition of anonymity, then they should be identified by their link with the story (e.g. "a friend of the deceased", "a cabinet minister", "a police source" ...)

General assembly of NGOs code of confuct on images and messages relating to the 3rd world

- Avoid catastrophic or idyllic images which appeal to charity & lead to a clear conscience rather than a consideration of the root problems. All people must be presented as human beings and sufficient information as to their social, cultural and economic environment so that their cultural identity and dignity are preserved. Accounts given by people concerned should be presented rather than the interpretation of a third party. People's ability to take responsibility for themselves must be highlighted. A message should be formulated in such a way that generalisations are avoided in the minds of the public. The internal and external obstacles to development must be clearly shown.

Sources...

- Can use journalists especially in situations where they control the flow of information - This is particularly the case when the source is a sophisticated spokesperson with journalism and/or PR experience - Consider journalism driven by press releases - Consider the case of embedded journalism

Exceptions

- Copyright in a literary, musical, artistic work, broadcasts, is not infringed when it is copied by fair dealing: o For the purpose of research or private study, or the personal or private use of the person using the work o For the prupose of criticism or review of that work or another work o For the prupose of reporting current events in a newspaper, magazine or similar periodical or by menas of broadcasting or in a cinmatograph film o NB (1) is not permissible for cinematograph films, computer programs, and sound recordings, although (2) and (3) do apply. Only short exceptrs from program crarrying signals are exempt from copy right

Report in the public interest

- Detecting or exposing crime, serious misdemeanor and serious anti-social conduct, protecting public health and safety, preventing the public from being misled by those in power, exposing hypocrisy, falsehoods, double standards of behavior on the part of a public figures or institutions, protecting individual civil liberties

Tamar Liebes: Disaster marathon

- Disaster marathons": Live, ongoing reporting on disaster and trauma. In the aftermath of the 1996 suicide bombings in Jerusalem and Tel Aviv: "What we saw for three days running was a recycling of the horrors visually and as recounted by victims and witnesses; the aggressive, sometimes whiny interviewing of officials who were reprimanded for the catastrophe ... And, in between, we listened to the studio's inmates, selected for their talent of constantly inflating the drama."

Global media ethics

- Disputes about normative frameworks also extend to global arena - Which normative framework can apply globally to global media? - Example: o Jyllands-Posten and 'Muhammad cartoon controversy' o Press freedom in China and 'constructive journalism' - One attempt: 'four theories of the press' (libertarian, authoritarian, communist, social responsibility) - Flawed, outdated and biased towards West - Alternative approach- Christians and nordenstreng: protonorm o Dignity o Truth telling o Nonviolence - How would this apply in the south African context

Deontology

- Emanuel Kompt, if something is true and right, it should be categorically right around the world under all circumstances, rule applies everyday

Press freedom commission

- Established by SANEF and Print Media SA (PMSA) in 2011 against the backdrop of the ANC calls for media appeals tribunal - Chaired by retired chief justice Pius Langa - A body of 9 people outside of the media community - Solicited views of south Africans across the board on the pros and cons of current self-regulatory system - Also studied regulatory systems in other parts of the world, focusing on self regulation, statutory regulation and co-regulation - Major recommendation was independent co-regulation "not including state participation" would serve SA democracy better. (Proposed more members of the public(7) and less media (5)in the PCSA - This mechanism "must manifest administrative fairness and institutional independence form the industry it is to regulate" - It must also remove waiver requirements of complaints and also remove the characterization of complaints procedure as arbitration - Independent co-regulation defined as ' a system of regulation that involves public and press participation with a predominant public membership without government or state participation - PFC recommended a revision of the sanctions regime. Called for introduction of 'space fines' for offenses pertaining to content, and monetary fines' for guilt publications that flout the rulings of the ombudsman - Key question: who is the public?

Janet Malcom: The journalist and the murder

- Every journalist who is not too stupid or too full of himself to notice what is going on knows that what he does is morally indefensible. He is a kind of confidence man, preying on people's vanity, ignorance, or loneliness, gaining their trust and betraying them without remorse." What kind of power relationship exist between the journalist and the source? Who is better educate? Who understands and can manipulate the media indiustyr? What is the source's agendya? Malcolm's comment applies especially in the case of orniary individuals as opposed to elites

Examples of privacy invasion

- False light: publication of information that creates or supports wrong public impression about a person - When Thursday published the list of MPs who were alleged to be involved in what is now called Travelgate scandal - The ANC claimed that the statements in the report were intended and were understood by readers to mean that its members: were unfit to hold public office, caused the taxpayer a loss of R17m, were guilt of criminal conduct. Therefore they were presented in false light - Misappropriation: this entrails the use of a person's name, image, or photo without their consent usually for commercial ads. - First, here we need to distinquish between private and public people - Private individuals have a right to be left alone and to lead their lives without any publicity. - Part of the Bill of Rights in the SA Constitution protects individuals against invasion of their privacy. - When (Schabir) Shaik was charged there was a similar frenzy, with journalists describing Deputy President Jacob Zuma's rural home as luxurious mansion. All I saw were a number of rather ordinary looking huts. The fact that they invaded his privacy and photographed his family without their permission did not seem to matter.

Advice on using confidential sources

- Find out why they wish to remain anonymous. - Ascertain the motives of the source. - Ascertain the credibility of the source. - Make it clear to the public why you are using a confidential source. - Always try to verify the information elsewhere. - Try to get the source to lead you to primary information, avoiding the need for any naming of a source altogether. (This is the practice of Martin Weltz's Noseweek.) - Be very clear about whether the conversation is: - A) "on the record" (all that is said can be quoted and attributed), - B) "Unattributable" (what is said can be reported but not attributed), or - C) "Off-the-record" (the information is not for publication). - Finally, don't allow yourself to serve somebody else's agenda!

PR and coverage of the 1994 election

- Foreign journalists covering the election were given special treatment in SA; they were taken on game drives and every effort was made to ensure posistive reporting on events; they were given pre-recorded footage of the country, summaries of events, etc.

Areas of concern

- Freebies (free meals, bribery, travel journalism sees this a lot), moonlighting (Working for a company other than your publication), writing for other publications, affiliation to organizations, political activities, charitable activities, friends and relatives, relationships with sources, paying for information, promotional activities.

Normative frameworks

- From the general theories, more specific normative frameworks have been developed to explain role of media in society: o Monitorial role (watchdog, four estate) o Facilitative role (dialogue, civic journalism, public journalism) o Radical role (alternative journalism, underground journalism, grassroots journalism) o Collaborative role (self-censorship, developmental role)

South African Ethics context

- Normative frameworks largely derived from the West - Combination of watchdog/social responsibility framework dominant - Applied within a self-regulatory system (Press Council, BCCSA) - One increasingly problematic area- jurisdiction of online content - Both the normative frameworks and the codes linked to them, as well as the process of regulating them, have been criticized - Also a question globally

Invasion of privacy

- How does the media operate in relation to the invasion of privacy - "To a greater extent, it can be said that the media is in the business of invading people's privacy" (Retielf, 2002:151). - The question is not if, but when and why the media are entitled to undertake this very serious exercise - In what sense is this statement plausible - To understand then as to when the media can invade a person's privacy, we need to define privacy itself - Privacy is the right to be left alone and not to be intruded upon by the public - Belsey (1992:83) distinguishes between three kinds of privacy: o Bodily privacy provides the space in which the body can function free from physical intrusions (ex. Cameras) o Mental privacy allows people to be left alone with their thoughts, desires, feelings o Informational privacy prevents disclosure of personal information held in the files of public and private organizations (medical records)

Legal protection for victims

- In SA, it is illegal to publish the identity or images of victims of sexual or domestic abuse without their consent or to publish the identity or images of children who are victims (and perpetrators) of crime.

What can we learn from this case?

- In South Africa, Hate Speech codes may be detrimental to historically oppressed groups -> Ironic that post-apartheid legislation is being used against ANC-affiliated groups. Strossen's points that legislating against Hate Speech can spotlight & muster sympathy for bigots -> Malema's profile raised by the case.

Whose interests are being served by our policies?

- In democratic societies, policies should address diverse constituencies, including minorities. - In post-apartheid SA, policies are in principle informed by values of equality, democracy and freedom. - Policy-making processes in SA are, in principle, public processes rather than the preserve of the political elites - Parent departments/ministries normally come up with a green paper with amendments/new policies; followed by public consultation; followed by white paper; then the Parliamentary process. - The exhaustive public debate ensures in principle an inclusive policy. - Recent hotly debated policy issue was the Protection of Information Bill, now an Act.

Invading privacy

- Individuals thrust into the public spotlight because of their participation in newsworthy events, their claim to privacy may be limited - When somebody is or becomes a public person loses her/his privacy. - Journalists have a right to let citizens know about activities of public officials that have an impact on their work. - It is universally accepted that a person's privacy may be breached if the information disclosed is of proven public interests. - Should private conduct of a public official which does not impact on her/his ability to perform her/his duties be exposed? - Celebrities are part of public figures. - They are created and sustained by the media. - To a certain extent, these people suspend their own privacy. - Like public officials, they have decided to expose certain aspects of their private lives to scrutiny. - Distinction has to be drawn between people who are in public and private spaces. - The general principle is that anything that happens in public is by definition public. - Even private citizens cannot expect the same degree of privacy that they expect at home. - Courts usually find that individuals have no reasonable expectation of privacy when they are in public. - Some public spaces though such as shops, public transport- are private property. - Is it ethical to take a picture of somebody in a public space? - How about Girls Behaving Badly pranks? - On private property (homes) all persons, even public figures/officials expect not be watched or listen to. - What if something of public interests is taking place on private property and no permission can be obtained? - Can surreptitious recordings be used? Hidden cameras and microphones? - e-tv's Third Degree recently used surreptitious means to expose doctors (in their own offices) who were issuing medical certificates to people who were not sick. - BBC created a fictitious company to expose IOC! - SABC's Special Assignment has used these means a number of times!

What enjoys protection?

- Literary works, musical works, artistic works, cinematographic works, sound recordings, broadcasts, program carrying signals, published editions and computer programs. NB: ideas are not protected. The expression of idea is protected. They need to be set down.

Why do we need ethics?

- Media ethics: not so much descriptive as normative - Not only what media are doing, but what they should be doing - What are the values and principles that we would like to see the media use to guide their actions? - They are idealistic to some extent, but have to be rooted in the actual social and political conditions within which the media operate - In our case, we would like to see the media operate in accordance with the democratic values enshrined in our constitution

ethics vs morality

- Morality is a custom or way of life - Ethics is a custom or character - Usually morality refers to conduct itself, ethics to the reflection of the conduct- the principles underlying our conduct - Verses etiquette (norms of behavior), law (minimum standards)- ethics: what is the right thing to do (can be legal but not right)

Western Cape Fires

- News reports were increasingly accompanied by photo essays documenting the unfolding disaster through visuals. The photos on social media and elsewhere began to appear with water marks (identifying logos copyrighting their image) suggesting their artistic value. Social media attempts to humanize the victims. Trauma and ethics are constantly in thought together.

The public interest

- No legal right is absolute. It has to be balanced with the public interest. Thus a copyright holder's rights have got to be balanced with society's right to access to knowledge. In other words, the right of the individual has got to be balanced with those of society in general

Promotion of Equality and prevention of unfair discrimination Act PEPUDA or Equality Act

- No person may publish, propagate, advocate, or communicate words based on one or more of the prohibited groups, against any person, that could reasonably be construed to demonstrate a clear intention to be hurtful, harmful, incite harm or promote hatred. The equality act is much more borad in its definition of hate speech. It includes the intention to be hurtful. " ... how absurd that our law prohibits any person from saying anything that 'could reasonably be construed to demonstrate a clear intention to be hurtful' to someone else on the basis of that person's race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth." "According to this definition, large chunks of Spud might well constitute hate speech. Almost every comedian working in South Africa might well be found guilty of hate speech for something they routinely say at a comedy gig. This is because much of the humour might well reasonably be construed as having the intention to be hurtful to a designated group: whites; gays; Jews; Christians; married men; women; black people, you name it."

One possible solution

- Open content ... legal reformism? - Use existing private law to protect work from exploitation by private interests that undermine the public interest / keep work in the public domain using copyright law. - Encourage circulation of ideas; promote free speech, learning & democracy; prevent monopolies. - E.g. Open source software: GNU General Public License (GPL) - Richard Stallman. - E.g. Creative Commons: Lawrence Lessig takes Stallman's idea & applies it to culture + knowledge production in general.

Key Motivations of Statute of Anne:

- Outlawed book piracy, remedy the detrimental effects of piracy upon authors and encourage learned men to compose and write useful books. The foundation upon which modern Western concept of copyright is built. It was a response to technology of the day: birth of printing press - popular argument (c.f. Gillian Davies) ... debatable. Recognised the individual author as "fountainhead of protection" - NB. Adopted principle of limited term of protection for published works - NB. It broke the monopoly of the booksellers and printers of the Stationers' Company over book trade [previously granted to Company to facilitate censorship]. - i. Natural law o Locke: "Starting from the premise that people had a natural right of property in their bodies, he argued that people owned the labour of their bodies and the results of their labour" (c.f. Davies). o Focus upon individual. - ii. Just Reward for Labour o "Remunerating a creator for the use of his work enables him to continue working and is natural justice in accord with the maxim that the labour is worthy of his hire" (c.f. Davies). o Individual freedom to transact. - iii. Stimulus for Creativity o Linked to ii. o iv. Social requirements o It is in the public interest to encourage authors to publish their work so that the work can be disseminated as widely as possible.

How common is copyright law?

- Over 150 countries have signed the Berne Convention for the Protection of Literary and Artistic works and have enacted copyright laws. Many nations subscribe to the Universal Declaration of Human Rights and/ or the international convenant on Human IRghts, which provide for copyright legislation. The notion of the public interest is key to copyright legislation. Thus legistlation strikes balance between right of authors and right of public access to public works- individual/private interst vs. that of the public

Guidelines to ethical decisions of trauma

- Pay attention to cultural differences, avoid news-value hierarchies, observe the importance of naming, don't speak ill of the dead, ensure that next-f-kin has been informed, avoid publishing pictures of the dead, consider placement, add disclaimers, consider agenda-setting for photograms and quotes

National Interest, Public Interest and the Secrecy Bill

- Post-1994 dispensation and the commitment to democratic and transparent governance. Deliberate attempt to avoid secretive governance of the Apartheid State - Key legislation to effect this were the constitution and the protection of Access to Information Act (PAIA) - PAIA compels state to respond to requests for information within 30 days - The idea of the supremacy of the public interest - Exceptions include information on national security, international relations, etc. - A healthy balance between the national interest and the public interest - Tensions emerged beginning post-Mandela late 1990s - The arms deal, and the declining relations between state and media - Mbeki convened meeting of editors (sanef) and government to discuss relations. Major issue as the national interest-public interest dichotomy - 2003 Mbeki refers to media as 'fishers of corrupt men' - Diverging views of the role of the media: telling the positive story of a successful transition vs exposing corruption - Media and racism inquiry in 2000 - Polokwane (2007): ANC resolutions on meida, misgivings on lack of tansofrmation and adversarial' mainstream press - Zuma government and the 'security state' - Regular exposes of corrupt or questionable state activities, eg Nkandla, arms deal - Secrecy bill: ostensibly to protect state information, in the national interest - Problems: minister given too much power to order classification of info, bill will override PAIA, holders of classified info will be jailed up to 10 years if they don't hand over info to SAPS, even if they don't publish it Key questions - In whose interests is the state acting? - Who are the beneficiaries of a secretive state? Politicians or the public? - What are the implications of all this for the health of our democracy?

Press Release and PR

- Press releases (particularly in political communication) aim to sway the news agenda; they are timeously released, information is strategically withheld and they are released in combination with other forms of information to achieve political aims - Between re-sourced communication and ORP offices are in a strong position to influence news

When is privacy invaded?

- Privacy can be violated by any means of communication - When journalists intrude, in other words, when they intentionally invade a person's private affairs. For example, journalists who enter private property without owners consent - This aspect of Intrusion mostly focuses on news gathering methods - Use of telephoto lenses to document private affairs - The wrongful use of cameras and other recording materials - When the media publicize private (Even if true) facts about a person - When this information can be considered highly offensive to a reasonable person and not of legitimate public concern - Private facts about a person's economic status, health or sexual activities can constitute an invasion of privacy

Both legislative statements assume that providing the author with protection against unauthorized publication for a limited period will:

- Promote learning and progress and - Preserve the public domain (thus acting for the public good/ in the "public interest")

Pros and Cons of codes

- Pros: o Show that ethics are taken seriously o Guidelines to journalists o Some ground for audiences to hold media accountable - Cons: o Legalistic and minimalistic- 'checkbox' o Often vague and general o Static- audience involvement

Reporting in the public interest

- Public interest is something that needs to be published and should fully inform what is going out so that citizens are able to make decisions.

What do these exceptions allow?

- Quotation, use of illustrations for education, should not deprive author of fair remuneration, should not infringe on moral rights of author- source and name of author must be mentioned.

Embedded journalism

- Refers to the practice of installing journalists within military units during armed conflict - The term was first used in connection with journalists coverage of the US's invasion of Iraq in 2003 - The idea was presented to the Pentagon by spokesperson victoria Clarke - Critics argue that it resulted in very one-sided reporting on the conflict

Introduction regulation

- Regulators have a role to implement policies - Regulators deal with such issues like the number of licenses to be issued, allocation of frequency spectrum and monitoring compliance by license holders - Ideally regulation must be a transparent, credible and independent - Policymaking and regulation should be institutionally separated - Regulators should be located outside government ministries to guarantee their independence - Links with government will exist, but through transparent lines of accountability - Question: How independent was IBA or SATRA? How about ICASA

Anonymous/confidential sources

- Scenario: you work for a national newspaper and you receive an email form a fake email alleging that a high-profile government official has been using public funds to pay for his colleagues personal expenses - What do you do? - Most journalists are advised to avoid confidentiality because anonymous sources undermine the credibility of the newspaper report and the media in general - Readers cannot judge the validity of the information - Confidential sources can misinform journalists without worrying about any comeback - Confidential sources can serve as part of smear campaign - Conversely, the practice can be abused by journalists - Individuals accused by anonymous sources have no way of knowing who is accusing them and it can bring the publication into conflict with the law

Codes

- Section 3.1. the SA press code states that conflicts of interest must be avoided, as well as arrangements or practices that could lead audiences to doubt the press' independence and professionalism. The definition of what might constitute a conflict of interest ranges from political affiliation to personal relationships. Conflicts of interest can affect both media institutions and individual journalists

The three universally recognized ethical guidelines for journalists

- Seek truth and report it as fully as possible o Inform yourself continuously so you in turn can inform, engage, and educate the public in a clear and compelling way on significant issues o Be honest, fair and courageous in gathering, reporting, and interpreting accurate info o Give voice to voiceless o Hold the powerful accountable - Act independently o Guard vigoursly the essential stewardship role a free press plays in an open society o Seek out and disseminate competing perspectives without being unduly influenced by those who would use their power or position counter to the public interest o Remain free of associations and activities that may compromise your integrity or damage your credibility o Recognize that good ethical decisions require individual respobility enriched by collaborative efforts - Minimize harm o Be compassionate for those affected by your actions o Treat sources, subjects and colleagues as human beings deserving of respect, not merely as means to your journalistic ends o Recognize that gathering and reporting information may cause harm or discomfort, but balance those negatives by choosing alternatives that maximize your goal of truthtelling

International trade agreements as mechanisms of control

- Signatory governments must lower tariffs, end farm subsidies, treat foreign companies the same as domestic ones, honor all corporate patent claims, and obey the rulings of a permanent elite bureaucracy, the WTO. Should a country refuse to change its laws when a WTO panel so dictates, GATT can impose international sanctions, depriving the resistant country of needed markets and materials. GATT will benefit strong nations at the expense of weaker ones, and rich interests at the expense of the rest of us. (Parenti, 1995:32)

South Africa and hate speech

- South Africa's past defined by legislated forms of racism. Under certain definitions, apartheid laws constitute a form of hate speech themselves. Post-apartheid South Africa at pains to distance itself from the inequality and racism of its past. Compared to other countries, South Africa has gone quite far in legislating against hate speech by including provision against it in the constitution. Hate speech codes very often end up being used against minority groups. In South Africa, it may be detrimental to historically oppressed groups. The limitation goes beyond the requirements of international law by failing to introduce safeguards against overly broad interpretation. Censoring hate speech can spotlight and muster sympathy for bigots, drives hate speech underground, increases resentment towards minority group members (beneficiaries of censorship) and curbs the kind of inter-group dialogue required to reduce discrimination.

Media Ethics and conflicts of interest

- Speaks to the second ethical guideline: act independently. Journalists should not have interests (real or perceived) outside of their journalists responsibilities. Journalists must be faithful only to their readers and to the public interest. Journalists shouldn't have any interests, need to define yourself. More often, it is the interests of the individual journalists that conflict with their need to be and appear to be unbiased, independent and objective in their reporting, which is why journalists are expected to have a strong sense of ethics.

UK Royal charter on the press

- Statutory instrument suggested by the Levenson inquiry; also compromise deal between major political parties - Announced in Parliament on the 18th March - Opposed by the mainstream media who will be subjected to statute for the first time - More members of the public now than of the press - Royal Charter establishes office of Press regulator who can order errant newspapers to publics prominent apologies and fine them for up to #1million Pound - Appointment to the panel is a bulic process, the press is represented, but as a minority - Key question: to what extent will this development change the journalistic culture in the UK?

Statutory vs self regulation

- Statutory regulation is established by law/act of parliament; compliance is enforced by law - Self-regulation is mainly peer regulation. Non-compliance is normally dealt with through reprimanding or censure - In SA, ICASA is a statutory regulator, while bodies usch as the Press Ombudsman and BCCSA are self regulatory bodies - The BCCSA and the Press Ombudsman also mediate disputes between the public and the media - Their arbitration does not preclude the possibility of a recourse to legal action by the compliant - Discuss the role of the press ombudsman and BCCSA - Refer to the bodies' most recent rulings on disputes. Were they fair? To the media? To the public?

Trips

- TRIPS [Agreement on Trade-Related Aspects of Intellectual Property] globalises intellectual property principles "because most countries are members of, or are seeking membership of, the World Trade Organisation" (Drahos &Braithwaite, 2004: 1). - TRIPS "has a crucial harmonizing impact on intellectual property regulation because it sets detailed standards of intellectual property law that will profoundly affect two significant technologies in the 21st century - digital technology and biotechnology" (Drahos &Braithwaite, 2004: 1). - TRIPS+ eliminates quite a few exceptions that would have allowed subjects to use copyrighted works without permission from rights holders. - TRIPS & TRIPS+ achieves for richer countries what could no longer be achieved at WIPO (World Intellectual Property Organisation), which became more of an democratic avenue for poorer countries.

Legal mechanisms: reprivatize copyright

- The DMCA [Digital Millennium Copyright Act] ... signals a paradigm shift from copyright as a legal concept to copyright as a technological concept. This shift has enormous implications for society. First, technological control, contractual control, and increased liability all effectively reprivatise copyright, making it more difficult for courts to enforce important free speech interests. (Jackson, 2002: 431) - Second, this shift and the changing legal landscape promote the use of communication networks for one-way distribution rather than two-way dialogue. As new communication technologies are introduced, laws are adapted to make commercial content distribution their primary use. (Jackson, 2002: 431) - DMCA makes reverse engineering of software illegal; you may not tinker with your programmes to suit your needs; it's difficult to teach others about a programme if you can't open it up and critique it. - DMCA makes circumvention technology illegal; you may not tamper with any copyright protected software, DVDs, CDs. - First-sale doctrine does not apply. - Free speech limitations? - Sonny Bono Copyright Term Extension Act makes copyright protection virtually perpetual. Work never passes into public domain, even if it has no commercial value. - All work gets locked down by private hands and society as a whole does not benefit from unrestricted circulation of ideas. - Culture, education, free speech & innovation get stifled.

Watergate and deep throat

- The FBI's secret investigation into the illegal activity of Richard Nixon's White House was closely followed by the Washington Post in particular. - The reporters alleged that they received their information from an informant, dubbed "Deep Throat". - Many credit the information provided by "Deep Throat" with being instrumental in ensuring the success of the investigation into the Watergate Scandal. - What was Felt's motive? (Speculation that he had political designs on his boss's job) - Did this personal motive matter in the face of the wider public interest?

Examples of use of anonymous sources

- The Las Vegas Guardian Express website reported in July 2013, amidst much rumour, that Mandela had died. o The article causes Twitter and other sites to erupt, attracting visitors to their site. - Professional journalists investigate the matter and discover the following: o The so-called "journalist" is a SA housewife from Benoni, who writes speculative sci-fi in her spare time. o Her source is an anonymous SABC employee. o Correspondents for the site receive up to 25% in advertising revenue, which in turn is increased through "link-baiting" à the practice of luring visitors to a site with dramatic headlines in order to attract advertising revenue

Other policy related ideas

- The SABC bill, introduced in Parliament in 2009, withdrawn 2 years later - ANC resolutions on media and transformation, Polokwane 2007. - The role and influence of the state at the SABC - The recent developments on the media market. e.g., acquisition of Independent Newspapers by Sekunjalo, the launch of the New Age and ANN7 24-hr station, and SABC launch of own 24 hr news station

INSULTS

- The constitution of South Africa- as are constitutions of other democracies- enshrines the freedom of the press and other media, but students entering the world of media work will discover that their freedom of expression is, in practice, subject to an array of constraints. Knowledge of these constraints is vital for anyone who wants to pursue a career in media and public communication. Media regulation, legal constraints like this and ethics. In more than 100 countries, individuals- including media practitioners, particularly journalists, can be imprisoned or fined for insulting or offending government officials or institutions. Following are examples of journalists that have either been charged, imprisoned, suspended or fined. Insult laws exist in books of western advanced/oldest democracies. Insult laws exist in books of western advanced/oldest democracies. Insult laws exist in books of autocratic political systems all the same

the aim of media ethics

- The food life: human flourishing - Not only for ourselves = hedonism) - How should we live in the world? - Recent debates about ethical living refer not only to us humans but animal rights and the planet too - Media ethics- how do media contribute to the good life, to society and a world which we want to live in

Journalists and sources

- The relationship between jounrlaists and sources is open to abuse, from both sides - The reslationship can negatively affect the journalist's ability to act independently - And the journalists needs to ensure that he/she minimizes harm in his/her treatment of the source

some major post-1994 policies

- The transformation of the SABC from a state broadcaster into a public service broadcaster - The establishment of the Independent Broadcasting Authority (1993) - The creation of a 3-tier system in broadcasting, comprising community, commercial and public service (Broadcasting Act, 1999) - The merger of IBA and the South African Telecommunication Regulatory Authority (Satra) to form the Independent Communications Authority (ICASA). - The continuation of a market-based system of media funding and financing - Creation of the Media Development and Diversity Agency (MDDA) to support non-market-based media. - Media transformation as extension of national policy of transformation - Self regulation as national practice, though constantly under pressure, e.g., suggested Media Appeals Tribunal. - Protection of State Information Act - Section 205 of the Criminal Procedure Act - Section 16 of the Bill of Rights

Regulation vs censorship

- There is a close relationship between regulation and censorship: censorship is a form of regulation - Censorship is generally negative in that it limits information available in the public domain, while regulation can actually increase such information, eg. Through local language quotas - Most democractic societies repeal cencorship laws and replace them with freedom of information laws, ex) SA - However, there's always debate on whether the state is using regualtors, parliament and other institutions to indirectly censor the media. Ex) Patriotic Act in the US, the Films and publications Act in SA and the protection of Info Act in SA - Both regulations and censorship take place at two levels (at least) o Institutional/formal level and informally as well - Institutional regulation or censorship is performed by statutory bodies deriving their power from parliament or the executive - At informal levels, regulation or censorship of media can come from the following: o Advertisers o Owners o Cultural and professional norms o Consumers/audiences o Influence of informal occurs at organizational and personal levels, often resulting in self censorship

Jacob Zuma's privacy compromised?

- This time again, paparazzi style, they tried to photograph his residence in Pretoria and the African National Congress (ANC) headquarters, Luthuli House. - Not one report in the media gave any indication there might be something amiss with this conduct. Christine Qunta - "In his open letter, Zuckerberg, laments the damage he believes state surveillance — and the National Security Agency's systematic work to crack encrypted privacy protections — does to the future of the Internet" (Time, 2014:1) - A private individual has the right to keep private information private. This right, however, is not absolute and can be balanced against the right to freedom of expression and access to information.

Journalists are expected to protect the identity of confidential sources

- To minimize harm - in some cases the source might be harmed by the revelation of their identity. - The Press Code: "11.1 The press has an obligation to protect confidential sources of information." - Failing to protect sources will result in the public's loss of faith in the industry. - Revealing sources may result in the "chilling effect" - the source and others like him/her will refuse to speak to journalists in future.

3 types of privacy

o Bodily privacy provides the space in which the body can function free from physical intrusions (ex. Cameras) o Mental privacy allows people to be left alone with their thoughts, desires, feelings o Informational privacy prevents disclosure of personal information held in the files of public and private organizations (medical records)

Section 16 of constitution - The right to freedom of expression does not extend to:

o Propaganda for war; o Incitement to imminent violence; or o Advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.

Section 16 of constitution: history

o The hate speech limitation was included at the last minute. Why? o Supported by the ANC, the Freedom Front and the ACDP; opposed by the NP and the DP. o ANC's Willie Hofmeyer explained that it would send a 'powerful message' that discriminatory talk would not be tolerated in the new SA. o DP's Gene Smuts à Concerned that the limitation might be abused by future govts. 'It is healthier for this type of speech to be heard and the consequences dealt with.'

Associated Press Style guide- material from anonymous sources can only be used if...

o The information is not available except under the conditions of anonymity; o The source is reliable, and in a position to have accurate information. o Reporters who intend to use material from anonymous sources must get approval from their news managers. o Explain in the story why the sources requested anonymity ...' o And, when it's relevant, describe the source's motive for disclosing the information. o The story also must provide attribution that establishes the source's credibility; simply quoting "a source" is not allowed. Be as descriptive as possible.'