One of the problems of law is that it can have unintended consequences. Worse, it can have consequences that were intended, but which nobody saw coming.
Lyndon Johnson, former US president, gave a perfect response to those in the ANC who claim the Protection of Information Bill and proposed Media Appeals Tribunal are not intended to muzzle the press. He said: "You do not examine legislation in the light of the benefits it will convey if properly administered, but in the light of the wrongs it would do and the harms it would cause if improperly administered."
Much has been written about the risks posed to journalism by a law that would empower many bureaucrats to classify information, and would threaten those who publish leaked information with jail sentences even murderers would blanch at.
Enough has been said about the dangers of a media oversight body appointed by, and answerable to, the very politicians that the media should be keeping a watchful eye on. It is clear that such a body would be a threat not only to anti-ANC critics of government, but also to people who support the ANC and its developmental state policies in principle, but complain that it is not living up to its service delivery promises.
This issue goes way beyond the media, however. It is impossible, nowadays, to define what does and does not constitute journalism. Where exactly does the line between blogging and journalism lie? Is it a question of money? Professional standards and procedures? The medium?
Many blogs make money from advertising. Some have grown into diversified media businesses, and have expanded even into radio and television. By contrast, many newspapers run at a loss, and some are shockingly deficient in basic reporting and editing standards. Many blogs are way better than some traditional publications, when it comes to professional standards of journalism. Many bona fide, for-profit media publications exist only online. Some are built entirely on blogging software, and meet every criterion of what a blog is. There is simply no clear line.
Where exactly does the line between blogging and journalism lie?
Ivo Vegter, ITWeb contributor
One might think that the laws that threaten the media cannot possibly be used against the entire Internet. Surely, only editors and paid journalists would be hauled before a putative Media Appeals Tribunal to explain themselves? On what grounds would a for-profit blogger, with just as much clout as a traditional journalist, escape the attentions of the government, however? For that matter, why should profit even be a criterion, when the issue ostensibly is the good name and reputation of the supposed victims of unprofessional reporting?
No, these laws will apply to all who currently exercise the freedom to speak in public, whether it is online, in print, or via some other medium.
Although the net of these laws is cast wide, in principle, one might argue that it was never the intent to do so, and in any case it is impractical to extend them to the vast world of bloggers, facebookers, tweeters and commentators out there.
However, there is another proposed law that turns this argument on its head. That is the proposed Bill written by a group of Christian moralists, known as the Justice Alliance of South Africa, apparently at the behest of deputy home affairs minister Malusi Gigaba. It seems unlikely that a law which would require Internet service providers to filter all content to block pornography and other objectionable content would pass Constitutional muster, nor that it would be possible to implement it in practice. However, if it does get passed, South Africa would have to establish a great big firewall, like the one maintained by China. Any content you get from the Internet would have to go through a filtering proxy server, in order to stop material that would cause you to go to hell.
Once such infrastructure exists, it will be easy to establish not only legal rules about what you may publish online, but practical enforcement of those rules. Then, it does not become too hard to imagine a future in which not only journalists, but everyone else, will require a licence to air their views in public, and will expose themselves to the punitive powers of government oversight committees and secrecy laws when they do so.
Journalists, bloggers, and anyone who speaks in public forums, online or offline, should be alarmed at the broad scope of proposed laws to police the media and the potential for these laws to be abused.
Threats to press freedom are really threats to us all.
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