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INDABA Newsletter | June 2016

Don’t shoot the messenger

This age old idiom has in recent political events regained its relevance and should be kept in mind when police, protestors or anyone attempting to hinder journalists from executing their tasks surface.

The origin of the phrase stems from Plutarch, a Greek historian, biographer, and essayist, known primarily for his Parallel Lives and Moralia. In his Lives, Plutarch pens “The first messenger that gave notice of Lucullus’ coming was so far from pleasing Tigranes that he had his head cut off for his pains; and no man daring to bring further information, without any intelligence at all, Tigranes sat while war was already blazing around him, giving ear only to those who flattered him.”

Mandisa Mbele

In times of war, as penned by Plutarch, authority would rather discard of the messenger, be surrounded by silent advisors and risk watching the world around them burn.

Similar events have been taking place here in South Africa. Although not a war, nor is it a king shooting a messenger, the messenger in this case journalists, are being violently threatened.

On the 23rd of May, two journalism students from the Tshwane University of Technology were attacked by the protesting mob whilst covering the protests. One reporter was beaten and both were robbed of their valuables. The violence shook the university to the extent that a decision was made that the students will not cover protest actions in Soshanguve, Ga-Rankuwa, Mabopane and Hammanskraal until the local government elections have passed. In the same protest a Power FM journalist was also threatened by the angry mob.

The Sunday of the 19th of June, journalists were threatened by the police at the Tshwane Events Centre while trying to report and take pictures of an alleged shooting at the African National Congress’s Tshwane Mayoral elective conference.

Introspection needs to be done by certain members of our society as to why we’re so quick to use violence as a means of expression at times when we disagree. The deeper question should be why this violence always falls on the messenger. Not to over-state the importance of journalists and reporters above anyone else in society, journalism has a critical role to play.

The purpose of journalism is to provide citizens with the information they need to make the best possible decisions about their lives, their communities, their societies, and their governments. Journalists are the link between the news and us receiving that news. The argument of media bias, negative agendas and how news is packed for our consumption is valid and should be explored further in another conversation but the protection of our journalists should be paramount on our discussion to-do list. Although there are laws that protect journalists and their material such as The SAPS Standing Order No 159 Section 10 (3) (c) which states that “A media representative may under no circumstances be verbally or physically abused and cameras or other equipment may not be seized unless such camera or equipment may be seized as an exhibit in terms of any law. Under no circumstances whatsoever, may a member will fully damage the camera, film, recording or other equipment of a media representative,” being a journalist is still one of the most dangerous occupations.

Times of disagreement are the best opportunity to engage with each other and iron out differences; we should not however, shoot the messenger.

Mandisa Mbele is the public relations officer of the National Press Club. She holds a MA in Global Political Economy from City University. She writes in her personal capacity.

SAFREA joins voices of protest against SABC

The Southern African Freelancers’ Association (SAFREA) has added its voice to protests against the suspension of three senior South African Broadcasting Corporation (SABC) journalists apparently for contravening an order prohibiting them from covering a Right2Know protest outside the public broadcaster’s headquarters in Auckland Park, Johannesburg.

The right of media to report in a timely and truthful manner is a foundation of democracy, says SAFREA Chair Laura Rawden.

“By putting restrictions on these practices, and penalising journalists who do their jobs, the SABC is threatening all members of society and removing our right to information,” she says.

In May, the SABC took the decision not to publicise any content displaying violent service delivery protests in various parts of the country. According to News24, economics editor Thandeka Gqubule, Radio Sonder Grense (RSG) executive producer Foeta Krige and Afrikaans news producer Suna Venter were suspended last week after opposing Motsoeneng’s instruction.

The action follows worrying City Press reports that the SABC has banned reading newspaper headlines on RSG and removed The Editors from SAfm’s AM Live. Also of concern are claims that SABC Chief Operating Officer Hlaudi Motsoeneng has ordered that no negative coverage of President Jacob Zuma be broadcast.

“There is no situation we can imagine where the COO of a public broadcaster should be banning news coverage, or forbidding negative commentary on the president,” says Rawden. “Such actions equate to media censorship and should not be tolerated.”

Rawden also notes the damaging consequences such restrictions have for journalists and other news staff. “They are faced with a problem of conscience in whether they should inform the public, and risk suspension, or obey orders that violate the most basic concepts of democracy, and keep their jobs.”

South Africa ranks 39th out of 179 countries in Reporters Without Borders’ (RSF’s) Press Freedom Index 2016.

South Africa’s constitution protects freedom of speech and our very diverse media, particularly in Chapter 2 of the Constitution of South Africa containing the Bill of Rights, Section 16, which states: 1. Everyone has the right to freedom of expression, which includes –
A. freedom of the press and other media;
B. freedom to receive or impart information or ideas;
C. freedom of artistic creativity; and
D. academic freedom and freedom of scientific research

SAFREA supports strong protest expressed by PEN South Africa and the South African National Editors’ Forum (Sanef) at the SABC. SAFREA also supports media staffers and unions who wish to serve the South African public by doing their jobs.

SAFREA calls for the SABC to lift the suspensions and to commit itself to transparent and even-handed news coverage, “without fear or favour.”

The National Press Club fully supports this statement by SAFREA.

From the horse’s mouth

On 7 June 2016 the National Press Club held a discussion evening at emBARgo about the SABC’s decision to no longer show footage of the destruction of public property during protests.

The panelists were Hlaudi Motsoeneng, COO of the SABC, Anton Heunis, SABC advisor, Joe Thloloe, veteran journalist and Press Council director and Alet Pretorius, former photo editor at Beeld. The discussion was facilitated by National Press Club chairperson, Tanya De Vente-Bijker and received widespread publicity.

This video was produced for the National Press Club by the Boston Media House Television students. Thank you very much!
View the video:

From the Regulators
The ‘ordinary reader’ and Jessie Duarte

Good journalists connect the dots to shed a new light on existing facts. The ‘bigger picture’ is, however, exactly what landed the Mail&Guardian in hot water with the Press Ombud.

The newspaper published a graphic accompanying a story with the headline” ‘Gupta-owned’ state enterprises”. In the graphic, showing several influential people connected to the Guptas, ANC heavyweight Jessie Duarte was included due to her family connections with the Guptas via her former husband and son-in-law.

Duarte complained that she should not have been included in the graphic as the ordinary reader “would or could” conclude that she could be susceptible to influence to benefit the Gupta family. Press Ombud Johan Retief agreed with Duarte, ordering the publication to apologise to her.

He said in his finding: “I have little doubt that the ordinary reader would have interpreted both the graphic and the text to have meant that Duarte had some kind of relationship with the Guptas, and that she was in a position to influence business decisions for the benefit of that family.”

The newspaper’s disclaimer that the links “are indisputable in some cases, and circumstantial or minor in others, and there is no evidence of the named directors and advisers doing anything untoward” didn’t change the fact that the ordinary reader could have drawn an inference of possible impropriety.

But when the matter served before the Appeals Panel of the Press Council, a far more nuanced construction of the ‘ordinary reader’ emerged. The panel noted that they have previously wrestled with the concepts “inference” and “insinuation” and the fine line between connecting the dots and hinting at something that couldn’t be stated outright.

Insinuation, the panel says, is a “popular and powerful journalistic tool, opposite the requirements of the Press Code and established precedents in South African law”. This time, the panel considered guidelines in legal precedent about who the ‘ordinary reader’ is. The following emerged:

  • It is a reasonable, right-thinking person who is not of a “morbid and suspicious mind”. It is someone who is not “super-critical” or “abnormally sensitive”. (Channing v South African Financial Gazette)
  • The ordinary reader does not jump to conclusions, reads the article with reasonable care and gives the meaning some thought (Golding v Torch Printing and Publishing).
  • The ordinary reader considers the context of the article, including the headline and images, rather than seizing on specific aspects (Cele v Avusa Media Ltd.)

Duarte’s representative cited different case law, noting that “the court must take into account not only what the words expressly say, but also what they imply” (Args Printing & Publishing v Esselen’s Estate). The ordinary reader also doesn’t have legal training and would “skim through it casually and not give it concentrated attention, or a second reading” (Sindani v Van der Merwe).

The Mail&Gaurdian’s prominent disclaimer, contained in the third paragraph of the article, weighed heavily in the panel’s decision. The panel therefore held that Duarte was portrayed fairly as the depicted connections are accurate and the ordinary reader was cautioned against jumping to conclusions. The Press Ombud’s finding was set aside and the newspaper doesn’t have to apologise to Duarte.

The ruling gives guidance for when journalists use that “popular tool” of insinuation and inference by connecting the dots. Central to the decision of whether something is portrayed accurately and fairly, is: “What would the ordinary reader read here?” If it is only the sensitive, suspicious or super-critical who would jump to the wrong conclusions, feel free to connect the dots.

Original Press Ombud finding | Appeals Panel finding

Herman Scholtz [BA(Media), BPhil (Journ), BCom LLB, LLM (Info and Communications Law)] is the legal advisor of the National Press Club and news editor of Rapport.

Facebook to put friends, family ahead of media

Facebook said this week it would give friends and family more prominence on user feeds, a move that may hurt media outlets that rely on the network to draw readers.

The social media giant said in a statement that the goal of the “news feed,” which appears when users log in, “is to show people the stories that are most relevant to them” and that its update “helps you see more posts from your friends and family.”

The move comes after the world’s biggest social network came under scrutiny over allegations by a former contractor that it was suppressing some political viewpoints in its “trending topics.”

Facebook said its review found no bias, but that it would take steps to reassure users about the neutrality of the platform.

Its vice president Adam Mosseri said in a blog post that an updated algorithm that determines what users see would help people find information that matters to them.

“We are not in the business of picking which issues the world should read about,” he wrote. “We are in the business of connecting people and ideas – and matching people with the stories they find most meaningful.

“Our integrity depends on being inclusive of all perspectives and viewpoints, and using ranking to connect people with the stories and sources they find the most meaningful and engaging.”

Even though Facebook has emphasized it does not want to be a media provider, surveys show it has become a key source of news, even if users are drawn to the network for other reasons.

A Pew Research Center survey last month found 66 percent of US Facebook users get at least some news on the platform.

Global trends are similar. A survey across 26 countries by Oxford University’s Reuters Institute for the Study of Journalism found 51 percent of respondents indicating they use social media for news, with 12 percent using it as their main news source.

Facebook was by far the most important source, used by 44 percent in the total survey.

Facebook engineering director Lars Backstrom said the update “may cause reach and referral traffic to decline for some pages,” but noted that one of the factors in prioritising posts will be “sharing” by users.

The latest tweak in the algorithm could thus impact news organisations that use Facebook and its 1.6 billion users to drive traffic and generate advertising revenues.

“This is another step in the continued devaluation of large publisher followings on Facebook,” said Joshua Benton, director of the Nieman Journalism Lab at Harvard University.

The shift is “likely to be a momentous one for news organisations that rely heavily on Facebook as a major source of referral traffic,” said Benjamin Mullin of the Poynter Institute in a blog post.

But Jay Rosen, a New York University journalism professor, said the change was positive because it offers some transparency and focuses on Facebook users themselves.

“Your social graph comes first, not the public world,” Rosen said on his blog.

The tweak means that Facebook is “committed to the personalisation of News Feed as a kind of right that users have,” Rosen wrote.

Feedback

Please send any news, suggestions or information for this newsletter to Martin van Niekerk at the secretariat on martin@nationalpressclub.co.za, 082 257 0305. Website | Facebook | Twitter

National Press Club elects new Executive Committee

The National Press Club made history last week when three women were elected to the management positions of the club.

Tanya de Vente-Bijker, a freelance journalist, has been elected chairperson of the National Press Club. Simone Heradien, content manager at Rekord Newspaper has been elected deputy chairperson. Mandisa Mbele from the Competition Commission has been elected as the public relations officer. Martin Van Niekerk of Junxion Communications was re-elected treasurer.

“It is the first time in the history of the National Press Club that three women are elected to the management positions in the club,” de Vente-Bijker said. “We thank the club for the confidence placed in us and we believe we can move this club forward.”

Photo (from left): Simone Heradien, Tanya de Vente-Bijker, Mandisa Mbele

They are joined by the elected executive committee members – former chairperson and general manager of the club Ben Rootman, Antoinette Slabbert of Moneyweb, Corné van Zyl of the Rekord and Elaine Swanepoel of Rapport. The other members are Jos Charle and Ntando Makhubu of the Pretoria News, Mosidi Mokgele of Absa, Phillip Bruwer of Maroela Media, Reynold Thakhuli of SANParks, Willem van de Putte of The Star and William Baloyi from of the Claasens Board of Enquiry. Herman Scholtz, news editor at Rapport, was also elected to the committee and appointed legal advisor to the club. He completed his LLM (Information and Communications Law) at Wits University.

“I believe the National Press Club has a very important to role to play in our industry and in our country. In the coming months the new committee will look into different ways that the club can contribute positively towards the industry,” said de Vente-Bijker.

“We will also continue to provide the networking platform for journalists and public relations practitioners as well as host our various existing projects,” she said.

Mandisa Mbele
On behalf of the National Press Club
082 580 2213

Tanya de Vente-Bijker
072 267 0751

INDABA Newsletter | May 2016

Copyright: Alternative dispute resolution the way to go?

Copyright law is a blunt instrument that struggles to keep up in a fast changing environment and litigation comes with a hefty price tag.

Perhaps it is time for the news industry to get together and determine the rules of engagement. The creation of an alternative dispute resolution mechanism for copyright has been a topic of discussion in the international legal fraternity and it might be a good strategy to address copyright disputes in journalism.

From left – Herman Scholtz and Darren Olivier with press club Chairperson Tanya de Vente-Bijker, who facilitated the discussion.

These were some of the thoughts put forward by the panel during a National Press Club discussion of the Moneyweb v Fin24 ruling on 17 May at emBARgo.

Prof Pamela Andanda of Wits University and editor of the South African Law Journal joined the discussion by Skype and intellectual property legal advisor Darren Olivier of law firm Adams & Adams joined members and guests at the venue. The third panellist was press club legal advisor and Rapport news editor Herman Scholtz.

Ananda followed the case very closely and wrote an academic paper on it, which will be published in July. She questioned the inconsistent treatment of the different articles by the court and the lack of evidence of originality on four of the Moneyweb articles. She also expressed concern about the interpretation of what “substantial” copying was.

She nevertheless said the court set out the legal principles clearly.

The panellists agreed that in proving a copyright infringement the plaintiff will first have to prove the work is original, and most authors agree that the bar for originality should not be set high, and then that a substantial part was copied.

The National Press Club plans to host more discussions about topical legal issues impacting the industry.

Press Club elects new executive committee

The National Press Club made history this month when three women were elected to the management positions of the club.

Tanya de Vente-Bijker, a freelance journalist, has been elected chairperson of the club. Simone Heradien, content editor at Rekord Newspaper has been elected deputy chairperson. Mandisa Mbele from the Competition Commission has been elected as the public relations officer. Martin Van Niekerk of Junxion Communications was re-elected treasurer.

Making history – Simone Heradien, Tanya de Vente-Bijker and Mandisa Mbele.

“It is the first time in the history of the National Press Club that three women are elected to the management positions in the club,” de Vente-Bijker said. “We thank the club for the confidence placed in us and we believe we can move this club forward.”

They are joined by the elected executive committee members – former chairperson and general manager of the club Ben Rootman, Antoinette Slabbert of Moneyweb, Corné van Zyl of the Rekord and Elaine Swanepoel of Rapport. The other members are Jos Charle and Ntando Makhubu of the Pretoria News, Mosidi Mokgele of Absa, Phillip Bruwer of Maroela Media, Reynold Thakhuli of SANParks, Willem van de Putte of The Star and William Baloyi from of the Claasens Board of Enquiry. Herman Scholtz, news editor at Rapport, was also elected to the committee and appointed legal advisor to the club. He completed his LLM (Information and Communications Law) at Wits University.

“I believe the National Press Club has a very important to role to play in our industry and in our country. In the coming months the new committee will look into different ways that the club can contribute positively towards the industry,” said de Vente-Bijker.

“We will also continue to provide the networking platform for journalists and public relations practitioners as well as host our various existing projects,” she said.

Help record our history

As some members already know, National Press Club chairperson Tanya de Vente-Bijker is researching the history of the club for her master’s degree.

If anyone has any minutes of meetings, newsletters, statements, newspaper clippings or other documents of interest, especially from before 2000, please send her an email – tanyadevente@gmail.com.

Former press club chairmen Tok Grobler, Ben Rootman, Yusuf Abramjee and the late Patrick Hlahla.

Independent Media grows market share and titles show stable performance in latest ABCs

Independent Media grew its share of the South African daily newspaper market by 3,2 percent and the weekend newspaper market by 1,6 percent compared to the same period last year. These results were released by the Audited Bureau of Circulation (ABC) which measures newspapers and magazine circulation performance.

“All kudos to our hard-working editorial teams” – Dr Iqbal Survé

In the past quarter, total South African newspapers declined marginally by 0,78 percent. Total daily newspapers declined by 2,6 percent, weekly newspapers remained static and weekend newspapers declined by 3 percent. Local newspapers increased by a marginal 0,5 percent.

Five of Independent Media’s daily newspapers showed solid performance in the period January to March 2016 compared to the previous quarter (October to December 2015). Isolezwe which grew by 4 percent and The Star, which grew by 2 percent, were the strongest performers in the Group. Pretoria NewsCape Argus and The Mercury showed marginal growth.

Four out of the six weekend newspapers which showed an increase compared to the previous quarter were also in the Independent Media stable. Saturday Star grew by an encouraging 3 percent while Independent on SaturdayPretoria News Saturday and Weekend Argus each grew by 1 percent.

Independent Media’s market strength was further reinforced by the solid performance of its magazine division, Conde Nast Independent (CNI), which showed an overall increase of 1,1 percent compared to the previous quarter. GQ increased by 2,6 percent, Glamour increased by 1 percent and House and Garden remained stable.

“Our market share increase together with the solid circulation performance of some of our key publications, is a testimony to our readers’ confidence in our publications. All kudos to our hard-working editorial teams. I commend them for showing tenacity and commitment during this very trying time in the print media industry,” said executive chairman of Independent Media, Dr Iqbal Survé.

Journalism has essential and promising future in SA – Thloloe

“The public is aware of the tremendous work by journalists” – Joe Thloloe

Veteran South African journalist and Press Council director Joe Thloloe says that despite the often love-hate relationship between the media and particular individuals, the future of journalism in the country is both essential and promising.

“In general, the public love the work that the media is doing. If it was not for the persistent effort by the media, we would not have known about Nkandla,” Thloloe, who has more than 50 years’ experience in print and broadcast journalism and is a former press ombudsman, said in Port Elizabeth last week.

Thloloe, 73, was speaking to journalists regarding the Press Council’s release of an updated booklet on its code of ethics and conduct for South African print and online media.

The organisation has combined the work of the Press Council with that of online publication which is regulated by the Interactive Advertising Bureau of South Africa (IABSA).

“The public is aware of the tremendous work by journalists,” he said.

“However, there has been antagonism relating to certain individuals. If the media exposes the wrong, I [the subject] will forever hold grudges against the publication.

“But for those who read the story, they will say the media did an excellent job in exposing this. The love-hate relationship is a necessary relationship,” he said.

The booklet advises anybody who feels print or online publications have failed to live up to the press code of ethics and conduct to lodge a complaint with the Press Council’s public advocate – either by letter, fax, SMS or e-mail – within 20 working days of the publication of the story.

It further states that if necessary the public advocate will assist anyone in formulating the complaint.

For more details the Press Council can be reached at pressombudsman@ombudsman.org.za.

www.bizcommunity.com

Joe Thloloe delivered the National Press Club’s Percy Qoboza memorial lecture in 2013.

Feedback

Please send any news, suggestions or information for this newsletter to Martin van Niekerk at the secretariat on martin@nationalpressclub.co.za, 082 257 0305. Website | Facebook | Twitter