REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS
and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
extensive as to render the right a nullity.113 The Promotion of Equality and Prevention of
Unfair Discrimination Act, 2000,114 in section 10, declares that no person may publish,
propagate, advocate or communicate words against any person that is intended to be
hurtful, harmful or intended to promote or propagate hatred save for bona fide
engagement in artistic creativity, academic and scientific inquiry, fair and accurate
reporting in the public interest or publication of any information, advertisement or notice
in accordance with the Constitution. This Act provides for civil remedies.
186.
The South African Government Communication and Information System convenes the
Government Communicators Forum to ensure effective co-ordination of government
communication. The main responsibility of GCIS is to keep the public informed about
issues that affect their daily lives. GCIS also provides information on human rights and
how to access them.
187.
The Media Development and Diversity Agency (MDDA) was established in terms of the
Media Development and Diversity Agency Act, 2002115 to help in the creation of an
enabling environment for media development and diversity that is conducive to public
discourse and which reflects the needs and aspirations of all South Africans. The MDDA
was set up to enable historically disadvantaged communities and persons not adequately
served by the media to gain access to the media. To achieve its objective, the MDDA will:
Encourage ownership and control of, and access to, media by historically
disadvantaged communities, historically diminished indigenous language and cultural
groups;
Encourage the channelling of resources to community and small commercial media;
Encourage human resource development and capacity building in the media industry,
especially amongst historically disadvantaged groups;
Encourage research regarding media development and diversity.
188.
The objects of the Act, in line with the national policy priorities and the Constitution, are
to promote media development and diversity, media freedom, the right to freedom of
expression and freedom to receive or impart ideas or information. The MDDA also
conducts research into media development and diversity and has since produced several
reports that assist academics, practitioners and policy makers in understanding the media
industry in South Africa. Since its establishment the MDDA has achieved some major
milestones including the awarding of grants to the amount of R183.6 million to over 407
projects, training of over 1300 people, the provision of 243 bursaries to different radio
and print media and the receipt of unqualified audits.
189.
Media ethics are important within the context of press freedom and freedom of
expression.116 The Press Council of South Africa, the Ombudsman and the Appeals Panel
113
Islamic Unity Convention v Independent Broadcasting Authority 2002 (5) BCLR 433 (CC)
Act No. 4 of 2000
115
Act No. 14 of 2002
116
In this regards, see NM and Others v Charlene Smith and Others (2007) 7 BCLR 751 (CC). The Plaintiffs in this
matter were three HIV positive women whose identities were withheld for their protection, and were simply
114
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