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Ombud pivotal in press regulation

2nd February 2012

By: Sapa

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The role of the Press Ombudsman is pivotal in creating an efficient self-regulating print media, the Press Freedom Commission (PFC) heard on Wednesday.

Public Protector Thuli Madonsela told the PFC that the ombudsman's office would be more efficient once it had separated from the Press Council.

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"The Press Council promotes the interest of its members, while the ombudsman works independently, like the Public Protector, and protects the interests of the public," she said.

"An ombudsman institution that functions with utmost integrity is what will work. We believe that the Press Ombudsman should be the key oversight [in media regulation], but it should be beefed up."

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The Johannesburg hearings, which concluded on Wednesday, gave applicants a chance to submit oral submissions to the PFC on how best to regulate the print media.

Caxton Community Newspapers Group said the PFC needed to acknowledge the negative effect regulation would have on community newspapers.

"Local community journalists are a vital link in the flow of information. Once the free flow of information is threatened, it is the beginning of the end," Caxton representative Irma Green said.

Dan Roodt, president of the writers' organisation Pretoria PEN, said journalists needed stricter corporate rules.

"An editor once told me that nearly 50 percent of journalists in newsrooms are on drugs. We need to look into the possibility of having journalists take urine tests," he said.

Mail & Guardian editor Nic Dawes told the PFC that many media houses did not take the role of the Press Council and ombudsman seriously enough.

"On one hand some, like us, are terribly nervous about facing the ombudsman. Others just don't give a fig."

Earlier, The Star's editor Moegsien Williams said a "space fine" should be imposed on newspapers as a form of sanction by the Press Council. He said such a fine, prescribing how much space a publication should set aside for an apology, would give the ombudsman "sharper teeth".

City Press editor Ferial Haffajee, who spoke on behalf of Media24, said she was not always happy with the ombudsman's decisions, but knew that following the Press Code made her a better journalist and editor.

The African National Congress said the council and ombudsman were ineffective and that an independent media appeals tribunal was the most effective way to regulate print media.

"We want to be clear: we are advocating an independent regulation of the media, unencumbered by commercial or political party interests," ANC executive committee member Jessie Duarte said.

ANC spokesman Jackson Mthembu suggested Parliament look into the possibility of forming an independent body in the same vein as the office of the Public Protector and Independent Electoral Commission.

"Such a body should not have a vested interest in business, politics or the media itself," he said.

On Monday, Financial Mail editor Barney Mthombothi said the current Press Code did not properly define or address plagiarism.

"We need to define what we mean by plagiarism, because it is actually quite a serious and vexing topic," he said.

The Pan Africanist Congress's Mudini Maivha said smaller parties such as theirs received little press coverage.

They felt the media was not interested in individuals involved in corruption outside of the government.

The commission also heard from the Inkatha Freedom Party (IFP), the Congress of SA Trade Unions (Cosatu), the Right2Know campaign and the National Union of Mineworkers.

In its submission, the IFP called for a "super body" to regulate the local press. This regulator would be independent, but funded by the government, and able to impose penalties.

Cosatu complained that print media ownership was too concentrated, with 95 percent of press circulation controlled by just three companies.

Mark Weinburg of the Right2Know campaign argued the imposition of fines for newspapers which reported incorrectly would limit courageous journalism, the Daily Maverick reported.

The PFC, which is headed by retired judge president Pius Langa and includes Archbishop Thabo Makgoba and businesswoman Santie Botha, started public hearings in Cape Town on January 19. Hearings were also held in Durban.

The PFC received more than 190 submissions from political parties, trade unions, and media houses.

Its report, due to be completed at the end of March, would form the basis for the possible drafting of a new self-regulatory regime for the print media.

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