At a time when the protection of media freedom has been in the constant spotlight, the media team has again played a role in the processes established to enhance the constitutional rights and guarantees of the print media in South Africa.

The Press Freedom Commission (PFC) was launched on 7 July 2011 as an independent body mandated to investigate the best possible print media regulatory system suitable for South Africa.

Two Webber Wentzel media teams made submissions to the PFC, both in favour of self regulation of the media.

The Avusa submissions

The team led by Pamela Stein made oral and written submissions on behalf of Avusa Media Limited to the PFC. Avusa made the following recommendations:

• The Press Code should be amended to be consistent with the common law principles of substantial truth and reasonable publication.
• The Press Council should have jurisdiction over online content.
• The Press Code should provide greater clarification in respect of the use of anonymous sources.
• The public representatives appointed to the Press Council should receive training in respect of the current legal framework regarding freedom of expression.
• The process of the appointment of members to the Press Appeal Panel should be more rigorous.
• The chairperson of the Press Appeals Panel should be appointed after a public interview process similar to the Judicial Service Commission process.

In its oral submissions Avusa also submitted that satire plays a vital role in a democratic society and recommended that a separate clause be included into the Press Code to provide protection for satirical work.

The Primedia submissions

The team led by Dario Milo assisted Primedia Broadcasting with written submissions to the PFC in support of self-regulation for the print media.

The submissions focussed on changes that could be made to enhance the efficacy and proper functioning of the Press Council. Changes were proposed to both the Constitution of the Press Council as well the Press Code, which included inter alia:

• extending the jurisdiction of the Press Ombudsman to cover online publications as well as hard copy print publications;
• empowering the Press Ombudsman to compel the publication of a prominent apology on a certain page of the newspaper;
• introducing a definition of "public interest" into the Press Code;
• revising the clauses on privacy, dignity and reputation to bring them in line with the common law position; and
• offering protection to satirical and humorous work.

The PFC was due to complete and present its report to Print Media South Africa and the South African National Editors Forum by the end of March 2012 but the report has not yet been submitted.