This morning I represented the Democratic Alliance (DA) at the public hearings of the Press Freedom Commission in Johannesburg. I made it clear that the DA has been, and continues to be, a firm supporter of self-regulation in the media industry in South Africa.

The submission presented to the Commission contains ten specific proposals for how the current self-regulatory framework can be reformed so as to be more effective. The DA’s full submission to the Commission is available here.

The Press Freedom Commission was set up to review the current regulatory framework for the print media in South Africa, and to establish what the best system would be for the future.

The DA believes that self-regulation is the best means of ensuring that the media is held to the professional standards it sets for itself, and which mirror the values of our Constitution.

It is the only system based on the principle of peer review, which recognises that journalists themselves are the best placed to judge other journalists' professional standards.

A free, self-regulated media is of great benefit to an open, constitutional democracy. Statutory controls would undermine this freedom, and would do nothing to raise standards. Secrecy laws, like the Protection of State Information Bill, also constitute an unacceptable infringement on the freedom of the press. Such laws benefit only the powerful in society, and will be misused by the corrupt to stop investigative reporting which is in the public interest.

Self-regulation provides a system whereby editors are committed to the highest ethical standards as well as the highest standards of reporting.

However, it is clear that if self-regulation is to survive in South Africa it must be a form of self-regulation that works effectively. Self-regulation must work to buttress the media from meddling by the state, and it must protect the public at large from declining professional standards of journalistic practice.

In many instances, the current self-regulatory framework does not adequately address legitimate concerns. The DA has made ten specific proposals on how the current framework could be reformed to better protect the media’s freedom and the public interest:

Specific proposals

Setting and monitoring standards: The South African Press Council should play a proactive role in monitoring journalism standards in the country and acting as a catalyst in encouraging media organisations to improve their own internal standards.
Statutory support: Parliament should act to strengthen press freedom by passing legislation which would make the rulings of the Ombudsman legally binding.
Investigations into abuse of power: Where there is prime facie evidence of abuse of power by journalists the Ombudsman should be empowered to launch a full investigation, to call witnesses, to subpoena documents, and to make rulings against journalists or the publications they work for.
New funding model: A new proportional contribution funding model for the Ombudsman should be investigated, to ensure it has the resources to properly and independently fulfill its mandate.
Guide the industry: Rulings of the Ombudsman should be distributed to all editors, to act as guidelines for newsroom practice across the industry. This will allow editors to stay informed on how the Code is being interpreted and applied, and so enable them to stay on the right side of the rules.
Wider power of sanction: Apologies and retractions as ordered by the Ombudsman should be printed prominently on the front page, and the text of such apology should be agreed mutually by the complainant and the Ombudsman. The Commission should also reconsider the matter of giving the Ombudsman the power to levy fines as a form of sanction.
Inclusion of new media: The Ombudsman’s rulings should apply to non-print media such as websites, video and sound clips produced by print media outlets.
Remove ambiguities from the Press Code: Several vague clauses in the current South African Press Code need to be properly and fully defined.
A clear definition of editorial and advertorial content: The Code should define in clear terms the difference between editorial and advertorial content. When media companies, proprietors and newspapers themselves advertise in their own newspapers, on websites and social media, then this should be included in the scope of the Press Code, and should be open to complaint.
Acceptance of third party complaints: The Press Council should accept third party complaints.