Issued by the South African Human Rights Commission
1 March 2000
Public Hearings on media racism begin. This morning the SAHRC opened its public hearings around racism in the media at the Braamfontein Recreation Centre in Johannesburg. The proceedings started with a welcome, and in particular the strong presence of editors was acknowledged. Members of the panel were introduced (Chair: Dr Pityana, Commissioners Charlotte McClain and Jerry Nkeli, Mrs Margaret Legum and Joe Thloloe.) Dr Pityana read an opening statement, which is reproduced in full below. "Finally," he said, "it gives me great pleasure to discharge all those who have been issued with subpoenas." It was formally moved that the hearings be adjourned until Monday 6 March 2000, when they will continue at the Braamfontein Recreation Centre, from 10:00 until 16:00 daily, (The adjournment is largely to facilitate the co-operation of editors who wish to make submissions.) Following the adjournment, the general comment from those present was that an appropriate environment had been created to proceed with the inquiry in a constructive and co-operative manner.
Dr Pityana's opening statement follows:
1. In November 1998, the South African Human Rights Commission resolved to conduct an investigation into racism in the media. The idea originated in a request in terms of Section 7 of the Human Rights Commission Act, 1994 by the Black Lawyers Association (BLA) and the Association of Black Accountants of South Africa (ABASA). The two professional organisations requested the Commission to investigate two newspapers for racial bias in their coverage of news. Upon considering the request, the Commission decided not to accede to the request as presented but to seek a wider and more in-depth investigation of racism in the media.
2. Following that decision, the Commission published the Terms of Reference for the Inquiry by Government Gazette dated 12 February 1999. The Terms of Reference are as follows:
The Terms of Reference also set out the process for the Inquiry. This included a call for submissions, commissioned research and public hearings. The interim Report was published in November 1999.
3. Reaction to the interim report from South African newspapers was largely negative. Hostility to the inquiry increased. The Commission invited considered reactions to the report and, later invited a range of stakeholders to make submissions to the inquiry. These were groups or organisations which ranged from publishers to trade unions or professional organisations, statutory or regulatory bodies like the IBA, the Press Ombudsman and the Broadcasting Complaints Commission as well as academics and researchers in the field. The Commission wishes to record its gratitude to many of these bodies who responded to our invitations.
4. Newspaper editors and some journalists, however, raised many questions about the process, about the reports which formed the basis of the inquiry, about the submissions received by the Commission, the motives for the inquiry and concerns about the freedom of the press. Having considered all these matters, the Commission eventually decided to issue subpoenas in order to secure attendance at the hearings scheduled for 1 March 2000.
5. Meetings between the Commission and SANEF and later newspaper proprietors and publishers ensued. The upshot was that the subpoenas were withdrawn and there was agreement to co-operate with the process including consulting about the format and environment of the Hearings and attending the hearings voluntarily.
6. The Hearings will be conducted according to the broad parameters set out in the Government Notice of 12 February 1999. This means that the Hearings will seek to achieve the objectives set out therein.
7. It was agreed that witnesses will be invited to comment on the following questions in their submissions:
ii) recommendations about the role of the media in the construction of a society free of racism;
iii) recommendations as to how the freedom of expression and the press can best be applied in the construction of the new South Africa. A detailed questionnaire will be submitted to all witnesses.
8. The Commission believes that, while having regard to the rules of natural justice, the Hearings should not be turned into a court process. In other words witnesses will be allowed to make presentations and submit proposals. There will be no cross-examination as such but questions will be allowed in order to clarify points of fact or to seek understanding in terms of the Constitution.
9. The basis of the inquiry will be established by inviting the researchers to present their reports first. Complainants will then be invited to speak to their submissions. Newspaper editors and other journalists will be asked to make their submissions and to respond to specific complaints generated by submissions lodged to the Commission by complainants. They will present any policy documents they may have and will be encouraged to assist the panel to understand matters that come into consideration in deciding the content of their publications. Their submissions will also assist the panel to apply its mind to an appropriate balancing of the rights to equality and human dignity as well as the right to freedom of expression and the media. They will also be invited to make proposals on how racism consciousness can be enhanced in the newsroom and what guidelines could best achieve the rights provided for in the Bill of Rights.
10. Specialist evidence will then be presented by publishers, SANEF, professional bodies of journalists and regulatory bodies, statutory bodies and researchers/academics. The purpose of their submissions will be to make observations about racism in the media and make recommendations.
11. The panel will seek to determine what may constitute racial stereotyping or display insensitivity that may cause pain or hurt to a reader of a certain race, ethnic, religious, cultural or linguistic group.
12. It is not the purpose of the inquiry to find any individual journalist, publisher or title guilty of racism.
13. The panel will consider recommendations or proposals presented to it and will make recommendations which will in turn contribute to the ultimate outcome of the process by way of either a code of conduct, guidelines or specific proposals directed at specific institutions.
14. The panel for the Hearings consists of two colleagues from the Commission, Commissioners Jerry Nkeli and Charlotte McClain, and myself in the chair. I am pleased to welcome Ms Margaret Legum and Mr Joe Tlholoe as expert members of the panel who join us at my invitation. Margaret Legum is an experienced freelance writer who has worked here and in Britain. Since returning to South Africa after many years of exile, she has been engaged in anti-racism and diversity training as well as promoting community awareness on economic development. She is based in the Cape. Joe Tlholoe needs no introduction. He is a media consultant who, until recently, was one of the top executives of the SABC. He has a lifetime of experience in journalism. The panel will be assisted by Advocate Dabi Khumalo of the Pretoria Bar who will be leading the evidence.
15. It is important to point out that these Hearings will be conducted with due regard to the provisions of Section 18 of the Human Rights Commission Act, 1994 as far as the maintenance of order and decorum is concerned. Speakers will address the Chairperson who will make the rulings.
16. I wish to end by thanking SANEF and the newspaper proprietors for ultimately making these hearings possible in a different atmosphere than might otherwise have been the case. We look forward to a rigorous exploration of the issues of racism in the media and to an exchange of ideas about the nature of racism, its manifestations in the media, the root causes thereof and strategies/remedies to address it while giving effect to the right to freedom of expression, including freedom of the press. It is our hope that we can achieve a proper understanding of these issues and together we can shape the outcome of this process by co-operation between an independent national institution for the promotion and protection of human rights and various role players in the media. This is a mammoth and historic effort. If we succeed we shall be an example to many others who have been unable to tackle this combination of the media and racism.
17. I wish to thank His Worship the Mayor of the Greater Johannesburg Metropolitan Council, Councillor Isaac Mogase, and the officers of the Council for making this venue available to the Commission. We thank them for the assistance they have offered to the Commission to make this project a success. Within the Commission, a team of staff led by Mr MC Moodliar, the head of our Legal Services Department, and Ms Pat Lawrence, the Executive Secretary to the Commission, have been responsible for preparation and the logistics for the Hearings. I thank them in advance for their support.
18. Finally, it gives me great pleasure to discharge all those who have been issued with subpoenas.
N Barney Pityana
CHAIRPERSON