INLSA

Public Protector Thuli Madonsela

Political Bureau, STAFF REPORTER and SAPA

The Press Ombudsman must be given greater autonomy and have an identity separate from that of the industry whose conduct it seeks to regulate, says Public Protector Thuli Madonsela.

This, including a separate website for the ombudsman, would help deal with concerns about the credibility and independence of the Press Ombudsman, Madonsela told the Press Freedom Commission’s public hearing in Joburg yesterday.

Launched in July last year, the commission, which is chaired by former Chief Justice Pius Langa, is looking into the regulatory framework for newspapers and magazines.

It has received almost 200 submissions and visited four countries, including Denmark, to study their print media regulatory frameworks.

“One of the main objectives of the Press Council is to ‘promote the interests of its members’, which is different from the purported mandate of the Press Ombudsman,” Madonsela said. “This presents challenges regarding the independence and impartiality of the Press Ombud as it is currently linked to the Press Council.”

The perception of impartiality of the ombudsman was enhanced when “there’s a visible arm’s length relationship” between the ombudsman and entities within his or her oversight jurisdiction, she said.

“It is therefore proposed that the Press Ombudsman establishes its own identity separate from the Press Council, with its own website, access to its complaints mechanisms and own reports, including an annual report,” Madonsela said. “The Press Ombudsman of Namibia and its website is a very good example of the steps that could be taken to improve issues or concerns around the credibility and independence of the South African Press Ombudsman.”

Madonsela endorsed proposals for compensation as an additional sanction against publications that breached the Press Code. The ombudsman can currently order a publication to retract its story and apologise to the offended party.

“The Public Protector has repeatedly reiterated the importance of redress in an ombudsman context – which would otherwise serve as a gate to nowhere,” Madonsela said. “Remedial action or redress is an important part of healing and the mending of relations.”

Making the decisions of the onbudsman binding on all print publications would also increase the office’s “credibility as an alternative to the courts or a state regulatory oversight body”.

“The media play such an important role in being the watchdogs of society and to disseminate information… The need for a free and independent but responsible and accountable media is not up for question,” said Madonsela.

She quoted section 7 of the constitution: “Media freedom is a cornerstone of democracy in South Africa. Free media is essential for freedom of expression,” she said.

She quoted peer-reviewed articals in most of her views and opinions, and gave current and real-life examples of how important integrity was within the press.

“We need more than apologies. I encourage sanctions like the Swedish system (which involved a monetary fine).”

Madonsela cited the News of the World cellphone scandal in the UK as an example of peer reviewing, where the press were watchdogs for other members of the press.

She said a state-run tribunal was not an option as “Parliament is a structure of politics. With all their good intentions, debates can’t be divorced from political activity”.

“The choice is not between self-regulation and state involvement.

“The state is already involved with the courts and other systems,” she said.