As the gatekeeper of democracy, the media in South Africa has big shoes to fill. It affects almost every part of the country, the public and the government. In other words, the press shapes South Africa. But, what shapes the press?
The South African Constitution, section 16 (a) states that all people have the right to freedom of expression, including the press and media. There are no other explicit mentions of the press or media in the Constitution of the Republic of South Africa.
The press is, therefore, relatively unregulated in South Africa to protect its abovementioned right to freedom of expression. However, this does not mean that the South African media does not answer to any laws or cannot be held accountable for what is published.
media update's Joreke Kleynhans breaks down the key laws in the Bill of Rights that shape the media industry of South Africa.
Citizens' Right to Privacy
Each person has the right to privacy, specifically the right not to have the privacy of their communication be infringed upon. For example, instant messaging exchanges between people can't be made public with tools like screenshots.
This law prevents news stories from turning into hearsay or he-said, she-said reporting. Instead, it promotes proper investigation and information sourcing among journalists.
Citizens' Right to Freedom of Expression
Subsection (2) under the right to freedom of expression states that this right does not extend to spreading propaganda, advocating for hate towards any individual or group, or inciting violence.
This compels journalists to always include necessary context, ensure that their stories share fair and accurate information and be extra careful to avoid political bias.
Citizens' Right of Access to Information
Citizens of South Africa have the right to access information about matters that can impact their lives.
The press and media play a key role in keeping South Africans informed about what takes place in political, economic and social spheres. This right also compels journalists to report information that is of public interest in accessible and understandable ways.
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*Image courtesy of Canva
**Information sourced from The South African Constitution