Let-off for news hounds

Justice Minister Jeff Radebe says a proposed law against stalking and harassment will not affect investigative journalists who pursue their subjects doggedly.

But, during the debate on the Protection from Harassment Bill in parliament yesterday, DA MP Debbie Schafer said "extreme behaviour" by journalists would fall foul of the law.

"Journalists do not have the right to carte blanche in the way they collect their information," she said.

The bill, which is supported by all political parties, says anyone who is unreasonably followed, watched, communicated with or accosted can apply to a magistrate's court for a protection order.

Journalists often do all of these things, but Radebe said the courts would have to take into account that a journalist was pursuing a story and consider the "reasonableness" of his behaviour before making a protection order against them.

If the journalist were working to detect or prevent an offence, to reveal a threat to public safety or the environment, or to reveal an undue advantage in a competitive bidding process this would be taken into account by the courts.

"Though some representatives of the media advocated for a complete defence, I am of the view that the compromise . constitutes an acceptable balance," Radebe said.

ANC MP John Jefferies said he did not agree with the SA National Editors' Forum that journalists should be allowed to "push the envelope" or pursue people until they answered questions.

"What they seemed to be saying was that, though everyone has the right to remain silent, this right does not apply against journalists. Can a journalist harass somebody? The answer is 'yes'. Journalists are not paragons of virtue," said Jefferies.

But media lawyer Dario Milo said it would have been better for the work of journalists to be completely exempted from the bill.

The bill for the first time gives people the power to apply for a protection order against anyone harassing them.

Currently, protection orders can be applied for only in respect of domestic partners and "cyber stalking" by e-mail.