New anti-Stalking Bill worries journalists and bloggers

ISSUED BY MYDIGITALLIFE
Author: THE ORGAN HARVESTER

Members of the Journalism profession are a tad worried with the prospect of new legislation currently on its way to Parliament which could greatly curtail the freedom of journalists to operate. A similar Act in the UK has seen injunctions against journalists, in particular photographers.

 

The Protection from Harassment bill is the result of the South African Law Reform Commission investigation into applicable legislation aimed at preventing harassment of individuals currently not covered by the Domestic Violence Act. So for example if you are being stalked or harassed by someone other than a domestic partner this law will protect you.

 

The South African Editors Forum raised objections at the proposed law`s unintended consequences at preventing journalists from doing their job, in depth investigations or obtaining information.

 

I personally hope this law is passed. Firstly I think some of our journalists will have to re-skill themselves in terms of obtaining information if they hope to stay in their jobs. Many journalists hide behind public interest as an excuse for plainly harassing and invading the privacy of an individual. Obtaining information, accurate information is one thing, and so is public interest, but lets be honest, news is a business. It is a tool that attracts readers, listeners and viewers. The more controversial or earth shattering, the greater the audience. The greater the audience, the greater the ad revenue earned.

 

We look at the Caster Semenya debacle, not once did one of the journalists involved in the reporting consider the effect of divulging the intimate details of her gender testing results would have on her private life. Yes there was public interest but who decides what is for public consumption and when privacy issues should take preference?

 

What about the Danish cartoons that offended the world over which were banned in South Africa which SANEF and other journalists vehemently opposed as censoring the media and free press? What would the benefit of being allowed to reproduce the cartoons be?

 

Journalistic freedom is one thing and having a free and robust press is good for a young democracy such as South Africa, however, can our journalists be responsible enough to determine their own policy of what lines cannot be crossed? Is the world media just too competitive to make such outdated considerations?

 

The clauses within the bill are wide enough to be considered potential for curtailing media freedom in this country, I think the bill, when enacted will provide a basis going forward from which the media and journalistic community may be able to develop a process whereby news reporting will be fair, balanced and in truly in the interests of the public.

 

Further, incidents of stalking in the cyber world has largely gone on without censure or sanction. With the new law it will greatly curtail cyber bullying which to a large extent will impact on what happens on the blogging world. So calling someone a douche canoe on your blog will now fall within the law. Not that it didnt before, just that now it will be easier to prosecute. Courts will have consider whether reporting or posting can be considered harassment and will then follow the normal course of events with regard to libel.

 

Often we forget that in South Africa a law can be passed in Parliament, become Gazetted and take effect, but the ambit and application of said law is developed through the courts. The journalists are up in arms over the fact that the law might label them stalkers but the truth is that we have nothing to worry about if we trust that the Judiciary do their work. The Constitution guarantees press freedom and no good intentions should go punished when this Bill become law.

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