More protection for journalists

Members of parliament have agreed to amend the final draft of a bill to prevent stalking by adding a clause that would offer some protection to journalists.

The portfolio committee on justice adopted changes proposed at the last minute by ANC MP John Jeffery, who said they were intended specifically to address concerns raised by media houses including Avusa, the owner of the Sunday Times.

The final draft of the bill was approved by all parties and will now go to the National Assembly for formal adoption.

The bill makes it possible for someone who has a reasonable fear that they are about to be harmed by a stalker or that they are being subjected to unreasonable attention to apply to a court for a protection order.

Media houses were concerned that subjects of legitimate journalistic inquiry could use the proposed provision to block reporters.

Media lawyer Dario Milo said the concession fell short of the ideal solution for reporters, but was an attempt to take account of concerns about freedom of information and the media.

"Although it is a concession of sorts, it would have been preferable to have an exemption for journalistic inquiry in investigative reporting," he said.

Milo said the way the justice committee had handled the bill, including a meeting with the South African National Editors' Forum, could set an example for other committees handling legislation that could affect press freedom. "It is a serious attempt to address media concerns and it shows the benefit of public engagement," he said.

The committee rejected the proposal for a complete exemption for reporters, but adopted a clause saying a court must take intention into account in assessing whether the conduct of a pursuer is acceptable or not.

"To my mind, that is a good attempt to address the media's concerns. It means that the court, in deciding whether the conduct was unreasonable, must look at the purpose for which it was being conducted," Jeffery said.

Debbie Schafer, the DA member of the committee, said she was satisfied that the bill made adequate provision for reporters to do their work.

"There is no prior constraint on journalists ... The test will be in how the courts interpret unreasonableness," she said.

The ACDP's Steve Swart, who is also on the ad hoc committee considering the secrecy bill, also endorsed the final draft. "I think there is sufficient protection for journalists," he said.