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Media Freedom News South Africa

SA's 'flawed' legislation, proposals threaten human rights - MMA

South Africa's 'fragile' freedom of expression, free flow of information, and media liberties and independence - some of the cornerstones of any society's human rights - were further shaken this year by a series of what critics call 'flawed' and 'authoritarian' legislation and proposals. As the world commemorated International Human Rights Day on Friday, 17 December 2010, last week, Media Monitoring Africa (MMA) called on Government to uphold the spirit of the Constitution and human rights in any new legislation and statutory bodies established.
SA's 'flawed' legislation, proposals threaten human rights - MMA

"The MMA cautions that current proposed legislation, if enacted in their current form, could see the attainment and realisation of our human rights put significantly under threat," Prinola Govenden, MMA head of media policy, said in a statement late last week.

"Will have crippling effects"

Govenden added: "The Protection of Information Bill and ICASA Amendment Bill will have crippling effects on our rights of freedom of expression and access of information.

"As if that is not enough of an impediment to achieving key human rights, there is a possibility of a proposed statutory media appeals tribunal (MAT) to regulate the print media. The Public Service Broadcasting Bill, which was recently withdrawn, would have also had consequences for independence and therefore media freedom."

Approached to clarify his organisation's stance, MMA head William Bird told Bizcommunity.com yesterday, Sunday 12 December: "The point we are making is that we must be clear that it is thanks to our existing democratic state and government that we have one of the finest constitutions in the world.

"We also have a constitutional court and justice system that work to protect people's rights. We still have some way to go in realising access to all human rights, but we believe we are on track to providing these albeit at a pace that is too slow.

"We need to all work together"

"That said, we must work to ensure that any potential law that can be used by some in our government to undermine our democracy must be challenged. We need to all work together to protect promote and realise human rights for all."

SA's media, which Govenden described as key enablers and protectors of the country's human rights, have had a rough year in 2010, fighting for the survival for its freedom and constantly arguing with the Zuma administration that the proposed MAT and other laws, which will put 'almost every' form of media and information under its control, are unconstitutional and dictatorial.

Bird pointed out that civil society's default position is that all laws should be drafted to clearly realise the goals and intentions of the country's rights-based constitution.

"Sadly, all of the bills in their current form seem to challenge this default position."

Fight will then process to Constitutional Court

He has once again reiterated that, should government turn a blind eye on suggestions, advices and pleas put forward by civil society to fully review these laws, and decide to enact them in their current form, the fight will then proceed to the Constitutional Court.

'Si vis pacem para bellum' (if you wish for peace, you must prepare for war).

See you in 2011!

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About Issa Sikiti da Silva

Issa Sikiti da Silva is a winner of the 2010 SADC Media Awards (print category). He freelances for various media outlets, local and foreign, and has travelled extensively across Africa. His work has been published both in French and English. He used to contribute to Bizcommunity.com as a senior news writer.



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