CAPE TOWN: The Independent Group has refused a request for information relating to its liability as a corporate entity and ongoing participation as a media company in civil litigation. The request filed on behalf of the Alternative Media Forum (AMF) — an ad hoc grouping of media activists and civil society organisations — was submitted to Independent’s Chief Executive Officer, Tony Howard, but access to the information was refused.
In a legal brief, Independent News & Media (INM) has supplied a number of reasons why it believes it should not grant access to the information requested and why it believes the information is protected from public disclosure. None of the reasons supplied address the key issues raised by the AMF relating to the group’s responsibility as a media organisation to keep the public informed.
According to INM’s lawyers, “the right to be informed is not a right”, and consequently one may draw the conclusion that the group is neither serious about press freedom, nor bound by the Press Code of Professional Practice as it relates to corporate affairs. According to a copy of the Press Code of Professional Practice supplied by the Press Ombudsman, to which Independent is a signatory, “the basic principle to be upheld is that the freedom of the press is indivisible from and subject to the same rights and duties as that of the individual and rests on the public¢s fundamental right to be informed and freely to receive and to disseminate opinions.”
The AMF intends appealing against INMs decision, before bringing an action before a court of law, that could force full public disclosure. The response by the Independent Group, calls into question the sincerity of its own executives in furthering the interests of the media as a whole. The contradiction between the way the group views its business and the demand for accountability and press freedom should also be noted. The interests of media bosses, like so many claims of this nature, are being seen as paramount to the interests of a free press, in a plutocracy that sees small publishers as a threat to their own survival. Furthermore, INM, via its various corporate holdings, continue to operate as if it has sole proprietorship over the daily press in South Africa. The group has now flouted both common sense and decency, by not disclosing this information, and is evidently hiding behind a veil of corporate secrecy.
In effect, the refusal to give details of civil litigation to which it has has been a party, simply because INM is a “private company”, renders litigation in lower courts impotent and without any remedial value. The group recently refused to supply details of a court case which it lost in 2003, while using the information to smear the convener of the Alternative Media Forum, David Robert Lewis.
The Alternative Media Forum is now claiming in papers that will be filed for review, that although INM is a private body that enjoys certain commercial rights, as a press group these rights have been superceded by the public’s “right to know”, furthermore, media interests gained via the constitutional guarantees on free speech, transparency, openness and access to information should be open to public scrutiny. It is the function of a public role which has added emphasis to these rights, and the public has a right to be informed of matters relating to freedom of the press.
There will be a meeting to discuss this response and other events surrounding press freedom and the media at a future date and venue to be announced.
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ALTERNATIVE MEDIA FORUM
PO BOX 4398, CAPE TOWN 8000 RSA
“The right to be informed is not a right.” With baited breath we wait to see how that will turn out. Your call to action is noted. Thank you.