Are the media too critical of the government and Jacob Zuma? The editors of the Citizen and the New Age have accused the press of a culture of negative reporting. Here three writers give their views on the debate . . . THE CASE FOR SCRUTINY sub_head_endROBERT NKUNA Recent opinion articles by Moegsien Williams and Steve Motale, the editors of the New Age and the Citizen, respectively, decrying the perceived bias of the mainstream press towards the ANC and President Jacob Zuma, have opened a rare opportunity for a debate on the role of the media in society.It is a rare debate in that discussions on the role of the media in society are generally acrimonious and contentious. Judged by the responses of a significant number of editors and journalists, one can discern that there is no willingness to engage with anything that places the media at the centre of public scrutiny.A review of what some of the leading figures in newsrooms wrote on their social media profiles will tell a story that there is no appetite for debate.Starting with the Truth and Reconciliation Commission's inquiry on atrocities committed during apartheid and the Human Rights Commission's inquiry into racism in the media, the mainstream media, especially the print sector, have refused scrutiny, unless it is on terms that they approve of.For example, in 1999, the Human Rights Commission had to substantially revise its terms of reference from a constitutional inquiry into a timid discussion with the mainstream press. Although the terms of the inquiry were not to apportion blame or to name and shame would-be racists, there was a concerted effort by the mainstream media to stay away from the inquiry.full_story_image_hleft1An opportunity to substantially discuss how the divisions of the past permeated all institutions in society, including the mainstream press, was lost. During the same period, the Human Rights Commission undertook extensive inquiries into racism in schools and farms, with limited resistance from those who were affected.The mainstream media have elevated the right to freedom of expression above all other rights, notwithstanding that all rights can be limited in terms of section 36 of the constitution, depending on a particular context when there is conflict between rights.The failure to establish a conducive environment that enables an equitable flow of public discourse gives rise to the proposed media tribunal.In the past few years, since 2007, the media have not hidden their opposition to the proposed parliamentary inquiry on the desirability and feasibility of a media appeals tribunal, as proposed by the ANC.block_quotes_start It is possible the nostalgia of the past, and not the threat of contemporary politics, largely defines the response of the media block_quotes_endThis is beside the fact that the wording of the ANC resolution from its 2007 conference in Polokwane does not make it mandatory that there will be a media appeals tribunal, as any parliamentary intervention should comply with the constitution.The jury is still out as to whether the proposed tribunal is the best mechanism to address concerns about the media's excessive disregard of the rights of others, for the discourse on the role of the media goes beyond the resolution of defamation cases.Indeed, many politicians across political parties will yearn for unlimited access and even control of the media, but that works in undemocratic situations where there are no constitutional and legal safeguards. But politicians' inherent envy to control the media cannot be a reason why the print media sector, as a significant stakeholder in society, can be beyond scrutiny. This would be tantamount to resolving one problem by creating a new one.The print sector is only comfortable with its self-regulatory mechanisms in the form of the Press Council and the Press Ombudsman. The situation is slightly different in broadcasting, where there is a degree of co-regulation between the Independent Communications Authority of South Africa, and the Broadcasting Complaints Commission of South Africa .Icasa and the BCCSA, in consultation with the broadcasting sector and the public, have adopted codes that promote media freedom, while protecting citizens from unfair or harmful content.mini_story_image_vright3As the temporary settlement between the mainstream media and the ANC to allow space for the reconfiguration of the print media's self-regulatory regime becomes a thing of the past, we find ourselves back where we were when the idea of a media tribunal was first mentioned, at the ANC's 2007 conference.To date, the limited discussions that take place occasionally have been confined to symptoms rather than the underlying reasons behind the reluctance of the media to accept fair criticism and scrutiny even by politicians, and of late, by some within the newsrooms.It has become necessary to untangle the context that gives rise to the prevailing stalemate.It is possible that the nostalgia of the past, and not the threat of contemporary politics, largely defines the response of the media. A significant number of the existing mainstream print titles, including the English press, openly collaborated with or avoided criticising the Nationalist government by adopting proactive self-censorship in the newsroom.Given our recent past, it is likely that in an attempt to shed the baggage of the past, the media find themselves going to the extreme of closing debates whenever attention shifts to them. It is also possible that there are editors and journalists who want to use the media to play oppositional politics, as suggested by Williams and Motale. Both cases deserve attention, at least in so far as it means that they are discussed openly.The mainstream media should be open to scrutiny. Accepting public scrutiny does not mean that the media must agree with everything that is said, but that the media should be a catalyst of all debates, including sentiments that are critical of their role in society.In this way, the media's role in society will grow, especially in light of the dynamic nature of the political landscape.Nkuna is a former Icasa councillor. He was responsible for most broadcasting content regulations and the code of conduct between 2006 and 2010sub_head_start THE CASE FOR FREEDOM sub_head_endRAYMOND LOUW As the media continue to endure sharp criticism from the ruling politicians about their perceived negative coverage of the news, two editors have accused the press of acting as the unelected political opposition. This has resulted in the ruling party and its allies calling for "patriotic journalism" and threatening to introduce a media appeals tribunal - a mechanism to control the press which is strongly opposed by journalists.This has prompted questions about the state of the media in South Africa: how they see and carry out their role and whether the environment provides for freedom of the media.story_article_right3The newspaper industry is in trouble throughout the world. Technical advances that have led to the advent of online social media have caused slumps in the circulations of established newspapers and led to decreases in advertising revenue, retrenchments and, in some instances overseas, the closure of titles. In South Africa in 2013, nearly 600 journalists were retrenched.The loss of large numbers of journalists has resulted in "beats" - specific areas of news gathering -- being cut, the juniorisation of newsrooms and a contraction of news coverage. Most newsrooms now lack sufficient staff to report on spontaneous news stories, court cases, developments in politics, municipal and provincial government affairs, labour, education, business and so on.These developments raise questions about the health of print, whether its circulation problems are being exacerbated by the decrease in the comprehensiveness of coverage and a drop in standards and quality. An increasing concern is the way in which the internet has become an advertising medium. Newspapers are wrestling with schemes to expand online exposure to retain readers but also to exploit online advertising to make up for the decline in print advertising.But is the freedom of the media that arrived in 1994 being promoted and maintained?Undoubtedly, there is strong reliance by citizens on section 16 of the constitution and its assurance about freedom of expression and of the media. There is variable acceptance of those values by those who wield power and authority.block_quotes_start Our work is guided at all times by the public interest... information of legitimate interest or importance to citizens block_quotes_endThe Constitutional Court has maintained a strict adherence to the Bill of Rights and its freedoms. Judges have outlined what those freedoms mean and how journalists should exercise them. High Court Judge Meyer Joffe spelt out in telling terms how he saw the role of the press in a democratic society in the case of the Government of the Republic of South Africa v the Sunday Times in 1995.He said: "The role of the press in a democratic society cannot be understated. The press is in the frontline of the battle to maintain democracy. It is the function of the press to ferret out corruption, dishonesty and graft whenever it may occur and to expose the perpetrators. The press must reveal dishonesty, malpractice and inept administration. It must also contribute to the exchange of ideas already alluded to. It must advance communication between the governed and those who govern. The press must act as the watchdog of the governed."Well, are the media carrying out the duties he outlined? They are indeed doing their job of informing the public with frequent exposés of corruption, maladministration, abuse of power and a host of other deficiencies in local, provincial and national government. But the media are by no means perfect. They make mistakes, sometimes they get things horribly wrong, they misinterpret situations or statements, and they leap to wrong conclusions. The self-regulatory complaints system run by the Press Council shows this.But none of these failures justify claims that they are an "unelected opposition'' or an accusation - as the Citizen editor Steven Motale levelled against the media - that they promote a "sinister agenda" of hatred towards President Jacob Zuma.story_article_left2How inaccurate those accusations are is apparent when one weighs up the judge's views on the role of the media together with the statement in the Press Code to which most of the press subscribes: "Our work is guided at all times by the public interest, understood to describe information of legitimate interest or importance to citizens."Meanwhile, restrictive legislation still hovers over the media. Zuma has on his desk awaiting his signature the "secrecy bill" - the Protection of State Information Bill -- with its provision for a 25-year jail term for offenders, which could readily include journalists.Among the restrictive laws are the National Key Points Act, which prevents publication of security information at certain institutions and buildings; the Protection from Harassment Act, which can restrict journalists from gathering information when they "stake out" the office or home of a person who refuses to answer questions over the phone; anti-terrorism legislation called the Protection of Constitutional Democracy Against Terrorist and Related Activities Act; and the Promotion of Equality and Prevention of Unfair Discrimination Act.Journalists complain about government officials obfuscating or withholding information - including official reports that should be released to the public. Reporters and photographers have been arrested at crime scenes or other events under police control - unlawfully, as shown when prosecutors refuse to prosecute. Fortunately, these attacks have diminished following industry protests.In parliament, ministers have refused to answer questions from opposition parties on grounds that they are official secrets; press gallery correspondents have been removed from the offices close to the debating chamber that they have occupied since 1910 and accommodated in another building, presumably to prevent them from having confidential discussions with MPs. Another move that angered journalists was the compilation by the presiding officers of a parliamentary code of conduct for journalists without consulting the journalists.So, the media are vibrant and tackling their grave problems with determination and vigour.Louw is the chair of the South African chapter of the Media Institute of Southern Africa and a former editor of the Rand Daily Mailsub_head_start THE ANC VIEW sub_head_endS'THEMBISO MSOMIIf the drafters of a new ANC discussion document on the media have their way, the state would hit the print industry where it hurts the most - in the pocket.The discussion document - one of many prepared for the ANC national general council in October - reveals a governing party that feels under siege from what it regards as an alliance of the media and opposition parties."The news media has been filled with raging attacks on the nature and character of the [ANC]."Opposition parties who lost the elections have been provided with ample space to question the outlook of the mass democratic movement and substitute with their own visions.block_quotes_start The ANC has failed so far to set the agenda in the national discourse through the limited dialogues on all media platforms block_quotes_end"There is a ganging up on the ANC and the movement's representatives by media analysts, media commentators, the ultra-left and ultra-right forces. All the media outlets, including, unfortunately, the public broadcasting outlets, are dominated by the persistent attack on [the ANC]," the document says.The national general council serves as a midterm policy review gathering for the ANC.Although it has no power to impose new policies on party deployees in government, it can influence how they handle certain issues. Therefore, the adoption of the discussion documentin October could result in government departments taking even tougher steps against the mainstream media, seen by the party as hostile.mini_story_image_hleft2Earlier this year, Communications Minister Faith Muthambi issued a memo to her colleagues instructing their departments to place more adverts in the state's Vuk'uzenzele newspaper and spend less on the commercial press.In the document, the ANC proposes even more drastic measures: "Government communication and adspend used towards targeted audiences using community and small commercial media, with a minimum of 30% as a target for each state department or [parastatal]."This would mean the commercial print industry - already suffering from dwindling private sector advertising revenue - would get an even smaller share of adspend from government departments, parastatals such as Eskom, Transnet and the SABC, and local governments.The document calls for government's advertising policies to be reviewed as a way of "encouraging diversity" in the media. "There is a need to review government policy that mandates placements of advertising [in] national newspapers, as this reinforces media monopoly, as this is not relevant to local and provincial government needs."These so-called national newspapers are not available in all local municipalities and rural areas. This policy therefore is not reflective of the real media landscape in our country, in terms of national coverage platforms."The ANC seemingly believes that by applying this kind of pressure, it would be able to force the media industry to change the way it covers the government and the party.story_article_right1"The ANC has not been able to systematically respond to this escalating ideological and political attack."The spokespersons of the ANC remain largely lone voices as there is no co-ordinated machinery that draws on the collective political and ideological base of the movement."As a result, the ANC has failed so far to set the agenda in the national discourse through the limited dialogues on all media platforms," the document says.The party believes it has not been afforded "its rightful share of the media space"."It is now usual to hear one- sided discussions attacking the ANC in print, radio and television platforms without ANC cadres and spokespersons participating."Although the ANC's threats to pull advertising from newspapers such as the Sunday Times is not new, events of the past few months suggest it is determined to carry them through. Whereas in the past what the party proposed seemed to go against the constitutional right to freedom of expression, this time the party is careful to base its arguments on the constitution.It argues that its plans are aimed at promoting diversity of media voices and at making sure that information is available in different languages."Information and content gap is widening between the haves and have-nots. Agenda is set by (among others) a white monopoly media, established media and driven towards neoliberal paradigm."..