R2K may appeal parliamentary feed ruling

Deputy President Cyril Ramaphosa answering question in Parliament, Cape Town. South Africa. 17/09/2014. Siyabulela Duda

Deputy President Cyril Ramaphosa answering question in Parliament, Cape Town. South Africa. 17/09/2014. Siyabulela Duda

Published May 29, 2015

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Cape Town - The Right2Know Campaign on Friday said it was strongly considering appealing the Western Cape High Court ruling that Parliament may cut off the broadcast feed of the National Assembly sittings.

The coalition, which was born in opposition to the Protection of State Information Bill, said the legislature’s policy on interrupting live footage lent itself to censorship.

“We believe that Parliament’s broadcasting policy allows for censorship, undermining the right of all South Africans to know what is happening in Parliament - good and bad.? In doing so, it threatens to close Parliament off from the people?

“We will seek advice from our attorneys at the Legal Resources Centre (LRC) and ?are strongly consider?ing? appealing the decision at the Supreme Court of Appeal.”

On Thursday, a majority judgment held that cutting off the feed did not amount to censorship as the legislature had the right to protect its dignity, handing a legal blow to media houses who went to court after Parliament trained its cameras on the presiding officers while police dragged Economic Freedom Fighters MPs from the chamber on February 12.

The court also ruled that Parliament could not be held responsible for the jamming of the cell-phone signal in the House on the same day, ahead of the state of the nation address.

R2K said it was encouraged by the dissenting judgement by Judge Kate Savage who said: “Openness repeals the exercise of secret power and ensures accountability to the people.”

It added: “Judge Savage also argues that Parliament’s broadcasting policies are an unreasonable restriction of our right to know what happens in the legislature. Judge Savage also argues that the State Security Agency’s use of signal jamming in the house without the specific permission of the Speaker or Chairperson was unlawful, even if it was accidental.”

The South African National Editors Forum (Sanef), Media24, Primedia, Right to Know Campaign and Open Democracy Advice Centre jointly challenged a clause in Parliament’s broadcasting policy that deals with how incidents of “unparliamentary behaviour” are covered.

ANA

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