This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.guardian.co.uk/world/2012/jun/06/south-africa-secrecy-bill-press-freedom

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
ANC's secrecy bill seen as assault on South African press freedom ANC's secrecy bill seen as assault on South African press freedom
(about 2 hours later)
An undercover investigation of appalling prison conditions by the pioneering Drum magazine journalist Henry Nxumalo that rocked the apartheid government. Exposure of the murder in police detention of black consciousness leader Steve Biko. Revelations of a corrupt multibillion-pound arms deal that marked the new democracy's fall from grace.An undercover investigation of appalling prison conditions by the pioneering Drum magazine journalist Henry Nxumalo that rocked the apartheid government. Exposure of the murder in police detention of black consciousness leader Steve Biko. Revelations of a corrupt multibillion-pound arms deal that marked the new democracy's fall from grace.
These are among the stories that have distinguished South African journalism over more than a century. Irreverent, subversive, vibrant and open, it has taken on the powerful whatever their colour or stripe. But now, campaigners say, the country's media is facing its biggest threat since the end of white minority rule in 1994.These are among the stories that have distinguished South African journalism over more than a century. Irreverent, subversive, vibrant and open, it has taken on the powerful whatever their colour or stripe. But now, campaigners say, the country's media is facing its biggest threat since the end of white minority rule in 1994.
In coming months, the protection of state information bill is likely to be passed by MPs and signed into law by President Jacob Zuma. Known as the "secrecy bill", it has been described as a draconian measure that will allow the governing African National Congress (ANC) to cover up corruption and send whistleblowers and journalists to jail for up to 25 years.In coming months, the protection of state information bill is likely to be passed by MPs and signed into law by President Jacob Zuma. Known as the "secrecy bill", it has been described as a draconian measure that will allow the governing African National Congress (ANC) to cover up corruption and send whistleblowers and journalists to jail for up to 25 years.
While many accept the need to update the existing state information law – which dates back 30 years – opposition MPs, civil society groups, trade unions, academics, journalists, writers, archbishop emeritus Desmond Tutu and friends of Nelson Mandela have lined up to condemn the bill.While many accept the need to update the existing state information law – which dates back 30 years – opposition MPs, civil society groups, trade unions, academics, journalists, writers, archbishop emeritus Desmond Tutu and friends of Nelson Mandela have lined up to condemn the bill.
Members of the public have weighed in during consultation meetings and international organisations such as Human Rights Watch have sounded the alarm.Members of the public have weighed in during consultation meetings and international organisations such as Human Rights Watch have sounded the alarm.
When the bill was voted through by the national assembly last year, newspaper editors, wearing black, staged a walkout. In a joint statement they described it as "the first piece of legislation since the end of apartheid that dismantles an aspect of our democracy."When the bill was voted through by the national assembly last year, newspaper editors, wearing black, staged a walkout. In a joint statement they described it as "the first piece of legislation since the end of apartheid that dismantles an aspect of our democracy."
Opposition MP Lindiwe Mazibuko told parliament: "Today is a dark day for our young democracy. If passed, this bill will unstitch the very fabric of our constitution. It will criminalise the freedoms that so many of our people fought for. What will you, the members on that side of the house, tell your grandchildren one day?"Opposition MP Lindiwe Mazibuko told parliament: "Today is a dark day for our young democracy. If passed, this bill will unstitch the very fabric of our constitution. It will criminalise the freedoms that so many of our people fought for. What will you, the members on that side of the house, tell your grandchildren one day?"
Some believe that the secrecy bill forms part of a wider assault on the freedom of the press in South Africa.Some believe that the secrecy bill forms part of a wider assault on the freedom of the press in South Africa.
Simultaneously, the ANC has been pushing for self-regulation to be replaced by a media appeals tribunal that could give a state body power to impose sanctions.Simultaneously, the ANC has been pushing for self-regulation to be replaced by a media appeals tribunal that could give a state body power to impose sanctions.
Two years ago, investigative reporter Mzilikazi wa Afrika, who wrote about a suspect land deal that threatened the career of the chief of police, was arrested, bundled into a police vehicle and accused of fraud. Charges were soon dropped and more than a year later the police chief was forced out.Two years ago, investigative reporter Mzilikazi wa Afrika, who wrote about a suspect land deal that threatened the career of the chief of police, was arrested, bundled into a police vehicle and accused of fraud. Charges were soon dropped and more than a year later the police chief was forced out.
Last week the ANC organised a boycott of the City Press newspaper, forcing it to remove a picture of a controversial painting of Zuma from its website.Last week the ANC organised a boycott of the City Press newspaper, forcing it to remove a picture of a controversial painting of Zuma from its website.
South Africa holds free elections every five years and Zuma is its fourth president. The media runs hard-hitting investigations, angry polemics and satirical images lampooning the elite, notably the cartoonist Zapiro's mockery of Zuma. But some fear the republic's reputation as a beacon of democracy and free speech in Africa is under threat as never before.South Africa holds free elections every five years and Zuma is its fourth president. The media runs hard-hitting investigations, angry polemics and satirical images lampooning the elite, notably the cartoonist Zapiro's mockery of Zuma. But some fear the republic's reputation as a beacon of democracy and free speech in Africa is under threat as never before.
Under the secrecy bill, a person found to have communicated classified information which the person "knows or ought reasonably to have known would directly or indirectly benefit" a foreign state or a non-state actor, or prejudice national security, will be deemed guilty of espionage or hostile activity. Such offences are punishable by jail terms ranging from three to 25 years.Under the secrecy bill, a person found to have communicated classified information which the person "knows or ought reasonably to have known would directly or indirectly benefit" a foreign state or a non-state actor, or prejudice national security, will be deemed guilty of espionage or hostile activity. Such offences are punishable by jail terms ranging from three to 25 years.
This could potentially apply to people like Andrew Feinstein, a former ANC MP who resigned after the party sought his collusion in covering up an international arms deal costing an estimated 70bn rand (£5.35bn) of taxpayers' money. Official investigations continue into allegations that bribes worth more than 2bn rand were paid to individuals and the party itself.This could potentially apply to people like Andrew Feinstein, a former ANC MP who resigned after the party sought his collusion in covering up an international arms deal costing an estimated 70bn rand (£5.35bn) of taxpayers' money. Official investigations continue into allegations that bribes worth more than 2bn rand were paid to individuals and the party itself.
"If the secrecy bill had been in place I think we wouldn't have heard about the arms deal, the biggest corruption scandal of the democratic era in this country, in which the ANC decided to spend $10bn on weapons that we've never needed and barely used," Feinstein said. "It would have been impossible to write about it because it was a matter of national security."If the secrecy bill had been in place I think we wouldn't have heard about the arms deal, the biggest corruption scandal of the democratic era in this country, in which the ANC decided to spend $10bn on weapons that we've never needed and barely used," Feinstein said. "It would have been impossible to write about it because it was a matter of national security.
"The fact there was blatantly corrupt, criminal activity taking place under the veil of national security secrecy means that the secrecy bill would have simply swept that under the carpet. People like myself and the myriad incredibly courageous journalists and other activists and writers who've campaigned around it would have had to be silent or face jail sentences.""The fact there was blatantly corrupt, criminal activity taking place under the veil of national security secrecy means that the secrecy bill would have simply swept that under the carpet. People like myself and the myriad incredibly courageous journalists and other activists and writers who've campaigned around it would have had to be silent or face jail sentences."
Feinstein, who now lives in London, added: "I look back on my own work and I think – if I understand the bill in its current form – that if I had published my first book, After the Party, and this legislation had been in place, I would have been liable for a jail term for using confidential state documents.Feinstein, who now lives in London, added: "I look back on my own work and I think – if I understand the bill in its current form – that if I had published my first book, After the Party, and this legislation had been in place, I would have been liable for a jail term for using confidential state documents.
"I took the decision that I would use them because I believed it was in the national interest. The lack of a meaningful public interest defence in this legislation is extremely terrifying.""I took the decision that I would use them because I believed it was in the national interest. The lack of a meaningful public interest defence in this legislation is extremely terrifying."
In fact, some journalists say, the bill is much better than it was. A public campaign has forced numerous revisions during the long parliamentary process.In fact, some journalists say, the bill is much better than it was. A public campaign has forced numerous revisions during the long parliamentary process.
Every word and clause is still being fiercely contested, in particular the insertion of a robust public interest defence clause. Yet as things stand, it is argued, the changes do not go far enough and the law remains hugely dangerous.Every word and clause is still being fiercely contested, in particular the insertion of a robust public interest defence clause. Yet as things stand, it is argued, the changes do not go far enough and the law remains hugely dangerous.
Murray Hunter, a co-ordinator of the civil society Right2Know campaign, said: "The secrecy bill allows certain officials to classify certain information as secret, ostensibly to protect 'national security'.Murray Hunter, a co-ordinator of the civil society Right2Know campaign, said: "The secrecy bill allows certain officials to classify certain information as secret, ostensibly to protect 'national security'.
"Nothing out of order with that, per se – the problem with this bill is that it goes too far in how many people get that power, what kind of information they can make secret, who can be punished for exposing that information, and what sort of punishment they can expect.""Nothing out of order with that, per se – the problem with this bill is that it goes too far in how many people get that power, what kind of information they can make secret, who can be punished for exposing that information, and what sort of punishment they can expect."
Intentionally accessing classified information could result in a 10-year prison sentence. Disclosing classified information is punishable by a fine or a maximum jail term of five years, unless the disclosure revealed evidence of a crime or was protected under the Protected Disclosures Act or Companies Acts.Intentionally accessing classified information could result in a 10-year prison sentence. Disclosing classified information is punishable by a fine or a maximum jail term of five years, unless the disclosure revealed evidence of a crime or was protected under the Protected Disclosures Act or Companies Acts.
Failing to report the possession of or to return a classified document would also result in a fine or a maximum five-year prison sentence. This means that merely possessing state secrets would be a crime, even when those secrets are already in the public domain. Further, the disclosure and retention of classified information that relates to the intelligence agencies would be punishable by imprisonment of up to 15 years.Failing to report the possession of or to return a classified document would also result in a fine or a maximum five-year prison sentence. This means that merely possessing state secrets would be a crime, even when those secrets are already in the public domain. Further, the disclosure and retention of classified information that relates to the intelligence agencies would be punishable by imprisonment of up to 15 years.
It would still take a leap to go from these proposals to a reality in which journalists are dragged from their homes in the dead of night and thrown into prison. But activists warn that the bill could instil fear and result in self-censorship. And while staff journalists may be able to turn to their employers and legal teams for support, civil servants and would-be whistleblowers may feel the deterrent effect most of all.It would still take a leap to go from these proposals to a reality in which journalists are dragged from their homes in the dead of night and thrown into prison. But activists warn that the bill could instil fear and result in self-censorship. And while staff journalists may be able to turn to their employers and legal teams for support, civil servants and would-be whistleblowers may feel the deterrent effect most of all.
Nadine Gordimer, a South African winner of the Nobel prize for literature, wrote in the New York Review of Books [http://www.nybooks.com/articles/archives/2012/may/24/south-africa-new-threat-freedom]Nadine Gordimer, a South African winner of the Nobel prize for literature, wrote in the New York Review of Books [http://www.nybooks.com/articles/archives/2012/may/24/south-africa-new-threat-freedom]
that the "bill has been and continues to be seen as an obvious means of concealing the corruption that has become a way of South African life for many, from high-placed members of the government down to menial officials."that the "bill has been and continues to be seen as an obvious means of concealing the corruption that has become a way of South African life for many, from high-placed members of the government down to menial officials."
The impact on freedom of the press could be profound, warned Nic Dawes, editor of the Mail & Guardian newspaper: "I think it will quite gravely limit certain very important areas of our work. It criminalises the publication without prior authorisation of classified material.The impact on freedom of the press could be profound, warned Nic Dawes, editor of the Mail & Guardian newspaper: "I think it will quite gravely limit certain very important areas of our work. It criminalises the publication without prior authorisation of classified material.
"That classification power centres on the intelligence and security agencies which obviously have immense resources, immense power and are deeply involved in South African politics. There are very important stories to tell – not just in the national security domain but in the political domain – that will fall under the ambit of this legislation.""That classification power centres on the intelligence and security agencies which obviously have immense resources, immense power and are deeply involved in South African politics. There are very important stories to tell – not just in the national security domain but in the political domain – that will fall under the ambit of this legislation."
He added: "Worse still, the legislation creates an opt-in possibility for any organ of state, literally from your local library through to your nuclear research facility. We are very concerned that will allow departments that are working on projects that are crucial to the quality of life of South Africans to bring under a veil of secrecy all of their work. So perhaps in a poor community a new water system has been installed and someone feels it is possible to justify on national security grounds that all details in relation to that contract are classified.He added: "Worse still, the legislation creates an opt-in possibility for any organ of state, literally from your local library through to your nuclear research facility. We are very concerned that will allow departments that are working on projects that are crucial to the quality of life of South Africans to bring under a veil of secrecy all of their work. So perhaps in a poor community a new water system has been installed and someone feels it is possible to justify on national security grounds that all details in relation to that contract are classified.
"There are rising concerns about corruption and cronyism in South Africa and it will make it increasingly difficult not just for journalists but also for community activists, lawyers and others to access the kind of information that they need to expose that kind of wrongdoing. The penalties are also very stringent and I think it will have quiet a serious chilling effect on a whole array of practices that journalists regard as pretty fundamental to their work.""There are rising concerns about corruption and cronyism in South Africa and it will make it increasingly difficult not just for journalists but also for community activists, lawyers and others to access the kind of information that they need to expose that kind of wrongdoing. The penalties are also very stringent and I think it will have quiet a serious chilling effect on a whole array of practices that journalists regard as pretty fundamental to their work."
But the ANC remains adamant: all states must have secrets and this legislation is long overdue. Although there appears little risk to South Africa's borders, the government warns of a threat to security.But the ANC remains adamant: all states must have secrets and this legislation is long overdue. Although there appears little risk to South Africa's borders, the government warns of a threat to security.
Siyabonga Cele, the state security minister, has argued: "The foreign spies continue to steal our sensitive information in order to advantage their nations at the expense of advancement of South Africa and her people. The ANC government may never allow such undermining of our national security to continue. We have, through sections 36 to 38 of the bill, made espionage a serious offence that will be a deterrent to both foreign spies and their collaborators.Siyabonga Cele, the state security minister, has argued: "The foreign spies continue to steal our sensitive information in order to advantage their nations at the expense of advancement of South Africa and her people. The ANC government may never allow such undermining of our national security to continue. We have, through sections 36 to 38 of the bill, made espionage a serious offence that will be a deterrent to both foreign spies and their collaborators.
"However, you won't find foreign spies openly marching in the streets of Cape Town complaining that we are removing their easy access to our sensitive information, but they will fund their local proxies to defend their illegality."However, you won't find foreign spies openly marching in the streets of Cape Town complaining that we are removing their easy access to our sensitive information, but they will fund their local proxies to defend their illegality.
"We currently have no remedy to rising threat posed by information peddling. This is where fabricated information is introduced to the organs of the state with the ultimate aim of gaining a financial reward or causing disunity in government. It often comes in the form of exaggerated yet unsubstantiated threats or conspiracies.""We currently have no remedy to rising threat posed by information peddling. This is where fabricated information is introduced to the organs of the state with the ultimate aim of gaining a financial reward or causing disunity in government. It often comes in the form of exaggerated yet unsubstantiated threats or conspiracies."
Cele has insisted: "This new bill is not about regulating the media. There is no single mention of the media in this bill. Neither is this bill about covering up corruption … we remain resolute and steadfast against corruption and fraud. Section 49 of the bill prohibits and criminalises improper classification with imprisonment of up to five years."Cele has insisted: "This new bill is not about regulating the media. There is no single mention of the media in this bill. Neither is this bill about covering up corruption … we remain resolute and steadfast against corruption and fraud. Section 49 of the bill prohibits and criminalises improper classification with imprisonment of up to five years."
South Africa's national council of provinces has until 30 June to amend and report on the bill. A parliament vote is then expected before Zuma gives it the rubber stamp. A challenge before the judges of the constitutional court then appears likely. The fight for freedom continues.South Africa's national council of provinces has until 30 June to amend and report on the bill. A parliament vote is then expected before Zuma gives it the rubber stamp. A challenge before the judges of the constitutional court then appears likely. The fight for freedom continues.
Reaction
Allister Sparks
Veteran journalist and former editor of the Rand Daily Mail
"It's reasonable for a government to have a mechanism whereby it can protect genuine state secrets. We accept there will be a bill and are content with that. However, we are concerned about the way in which the bill has been framed and fear it could be open to abuse. As with so many things involving the ANC, the issue is being fought over by factions.
"The party is a coalition of forces which were initially brought together to fight apartheid but who now have different outlooks. I believe there are cabinet members who want the press to be curtailed. There are people involved in corruption and it is they who are supporting this bill, which would allow the intimidation of journalists. Many people in government are vulnerable to charges of corruption, including the president.
"We won't know what the bill means in reality until it has been written into law. We then will have empowered people to declare all manner of things secrets of the state. The question is: Who will those people be and how wide-ranging will be their powers? If the president decided that certain aspects of the arms deal should be a state secret then newspapers would be banned from mentioning his involvement in it. Once that has been allowed to happen there would be many questioning the strength of our democracy."
Ela Gandhi
Political activist, former ANC MP and the granddaughter of Mahatma Gandhi
"I believe that what you can't do in public you shouldn't do at all. That is what Gandhi always maintained throughout his lifetime, and it should apply to governments today. So why is it necessary to have some kind of restriction of public information? I have no idea why they have brought this bill in its current form. I can only hope that it isn't consciously to cover up corruption. We have the right in our constitution to freedom of expression and to information. I do understand the need for security, especially in the modern world. However, I believe the public's right to information should supersede that and I could never support an attempt to curtail free speech."
Nadine Gordimer
Nobel prizewinning South African writer and political activist
"It is quite obvious why this bill has come about – the government is making no attempt to hide the truth that its intention is to aid the cover-up of corruption.
"Sadly when we fought apartheid we didn't have time to consider what came next. All everyone could think of was liberation from the apartheid regime.
"We seemed to think that everything would be OK once we were free from the distortions of apartheid. But in my view the oppression of the past has led to many of the current problems.
"Corruption in our country extends from the very top of government to the man in the street who pays a police office to overlook a traffic fine.
"This bill is being brought in under the guise of an attempt to protect public safety but it will achieve exactly the opposite by repressing freedom of expression. We are concerned because we don't know the reach of the bill.
"There is a realistic prospect that satirical plays or performances could face prosecution if they are deemed to be alluding to corruption.
"If I invite friends around for dinner and we discuss the president's involvement in the arms deal could I be hauled off to prison? Our great cartoonists, our reporters and our artists all face uncertainty and the risk of jail.
"I wrote during the apartheid regime and I fought against the apartheid regime. Three of my books were banned. What we are doing now is going back to apartheid censorship under a new guise."
"I believe there are senior figures within the cabinet who object to this bill in its current form. But there are also some people who quite deliberately want the press to be curtailed. There are many individuals in this country who are involved in corruption and they would welcome the opportunity to make it more difficult to expose.
"It is those who are arguing in support of this bill, which would provide the government with a new ability to intimidate or threaten journalists. Many people in government are vulnerable to charges of corruption, including the president.
"The most worrying aspect of all is that we won't know what the bill means in reality until it has been written into law. We then will have empowered people to declare all manner of things secrets of the state. The question is who will those people be and how wide-ranging will be their powers?
"If the president decided that certain aspects of the arms deal should be a state secret then newspapers would be banned from mentioning his involvement in it. Once that has been allowed to happen there would be many questioning the strength of our democracy."
George Bizos
Leading South African lawyer who defended Nelson Mandela and his co-accused at the Rivonia Trial in 1963-64
"I have been active as a lawyer in South Africa since 1954 and I have fought apartheid with many others. Many in the ANC government have also fought apartheid and I believe the vast majority would not have done so in order to live under a similar regime. There are around 80 members of the national executive and I personally know 60 of them and they are fine. But there is a small group of people who are sufficiently angry about the press coverage of corruption and are pushing this bill forward. Freedom of expression is a fundamental part of our bill of rights. What is concerning is the scale of the punishments as described in the bill, which are chilling in the effect they would have. We would need a brave group of men and women to consider publishing something that could mean they were imprisoned for a lengthy time."