PROCEDURE FOR THE INVESTIGATION

INTO RACISM IN THE MEDIA


WHEREAS the plenary of the South African Human Rights Commission decided on 11 November 1998 to conduct an investigation into racism* in the media; and

WHEREAS Section 9(6) of the Human Rights Commission Act No 54 of 1994 allows the Commission to determine "the procedure to be followed in conducting an investigation…with due regard to the circumstances of each case"; and

WHEREAS the Commission, having regard to the particular nature of the investigation, has decided to act in terms of Section 9(6).

The following procedure shall be followed in conducting the investigation:

Terms of Reference

  1. To investigate the existence of racism in the media. In this regard, the focus will be on the manifestation of such racism in what is produced and disseminated by the media rather than the existence of racism in the structure and workplace of the media. However, the issues of structure and workplace will be investigated if they relate to the manifestation or expression of racism in the media.                                                                                                                
  2. To establish, where such racism is found to exist, the causes of, the reasons for and impact of its manifestation.                                                                                                                        
  3. To make appropriate findings and recommendations that would contribute to the elimination of racism in the media.

" For the purposes of this investigation, the definition of racism is based on the internationally accepted definitions provided in the "International Convention on the Elimination of All Forms of Racial Discrimination" adopted by United Nations General Assembly resolution 2106 A (XX) of 21 December 1965 (especially Article 1), and the "Declaration on Race and Racial Prejudice" adopted by the General Conference of UNESCO on 27 November 1978 (especially Articles 2 and 5).

PROCEDURE

  1. The investigation will cover the media in general; no specific form of the media is the preferred focus of the investigation neither is any form of the media specifically excluded. However, time and resource constraints will be considered in this regard.                                                        
  2. The Commission will, by way of public advertisements, invite submissions from organisations, individuals and interested groups (including the media) to provide information on the Terms of Reference. Such information is to be in writing and must reach the Commission within the time period specified in the notice.                                                                                                 
  3. The Commission may undertake research into any area falling within the Terms of Reference of the investigation and in this regard may utilise its own resources and personnel or engage the services of outside and independent individuals or agencies.                                                 
  4. All submissions received will be analysed and, where appropriate, be made available to the public. Interested parties will be allowed to respond to submissions in writing within a specified period determined by the Commission.                                                                     
  5. Following the receipt of responses and an evaluation of their content, as well as the receipt of the research undertaken or commissioned, the Commission may convene public hearings, to be held at a place and time to be determined, for the purpose of hearing testimony or oral submissions on any matter falling within the Terms of Reference. The Commission will determine whom to invite to make oral submissions or to give testimony.                                    
  6. Pursuant to the Human Rights Commission Act No. 54 of 1994, the panel for any public hearing convened shall consist of no less than three and no more than five persons. It shall be chaired by the Chairperson of the Human Rights Commission or a person designated by him and may include no more than two persons drawn from the outside who shall have expertise in the matters covered by the investigation.                                                                                
  7. The panel will determine the procedure to be followed during the public hearing and will be guided in this regard by the rules of natural justice. Testimony will be taken under oath or affirmation. Witnesses subpoenaed shall be competent and compelled to answer all questions put to them. The hearings will be inquisitorial rather than adversarial in nature.                            
  8. Following the conclusion of the public hearing, the Commission will prepare and make public a report which will include appropriate findings and recommendations.                                    
  9. In conducting this investigation, the Commission shall be competent to use all its powers established in the Human Rights Commission Act No 54 of 1994 and in the regulations as promulgated in the Constitution Act 108 of 1996.
  10. In terms of Section 9(7) of the Human Rights Commission Act, the Commission shall publish the particulars of the procedures of this investigation in the Government Gazette.

Dated at Johannesburg this 18th day of January 1999.

Human Rights Commission
Wilds View
Isle of Houghton
JOHANNESBURG