FXI condemns SABC interdict application

Yesterday the SABC launched an urgent application for an interdict against Broad Daylight Films, producers of the documentary, restraining them from, among other things, publishing or distributing the documentary titled ‘Unauthorized: Thabo Mbeki and the African Country'. The broadcaster is arguing that it owns copyright and therefore has the right to decide when and how it should be screened.

The case will be heard at 2pm today, Wednesday, 18 July 2007, in the Johannesburg High Court. In its court papers the SABC claims that it only became aware on 13 July 2007 that the documentary was scheduled to be screened at the Mail & Guardian Critical Thinking Forum taking place on 24 July, as well as part of a ‘freedom of expression tour' in three provinces where screenings were scheduled for the public.

Taken over a year

The SABC has taken over a year to resolve with the producers the question of the documentary's screening, which led to the producers cancelling the copyright contract with the SABC. It is the opinion of the FXI that had the SABC responded more timeously, and screened the documentary when it intended, this crisis would never have arisen. To that extent, the FXI says the broadcaster needs to take responsibility for how events have unfolded.

Concludes the press statement issued by the FXI, “The huge public interest in the tour shows that there is considerable public demand for the documentary. Preventing the public from seeing the documentary is not the answer, and a narrow approach towards copyright should not be used to prevent the free flow of debate about the documentary.

“Preventing the screenings will also hamper the panel debates after every screening, as the panelists and audiences will not be able to debate the contents of the documentary. The SABC should accept that the tour is a fait accompli and allow the screenings to go ahead unhindered, while scheduling its screening – as promised – on SABC3.”