Unisa Study Notes
THEME 4CHAPTER 13Newspapers and publicationsLEARNING OUTCOMES LEARNING ACTIVITY 13.113.1 PRESS ORGANISATIONS13.2 GENERAL PROVISIONS REGARDING PRINTED MATTER13.3 COMPULSORY FORWARDING OF COPIES OF PUBLICATIONS TO LIBRARIES FEEDBACK LEARNING ACTIVITY 13.2 DISCUSSION FORUMLEARNING OUTCOMESAfter you have studied this chapter, you should be able to:? distinguish between the various newspaper organisations and the functions of each? discuss the various principles applicable to printed matter LEARNING ACTIVITY 13.1 – CASE STUDY15938501080135?00?ABC (Pty) Ltd wishes to publish on a regular basis a publication dealing with electronic equipment and the latest developments in this area. It is foreseen that the publication will not only be made available to large corporations, but that members of the public will also be able to subscribe to it. ABC (Pty) Ltd requests you to advise them regarding the specific statutory requirements which the publication will have to comply with to be lawful. The company specifically wishes to know what information has to be printed on the publication and if any copies of the publication have to be sent to specific libraries. Furthermore the company wishes to know who will hear and adjudicate complaints which members of the public may lodge against reporting or advertisements in the publication.13.1 PRESS ORGANISATIONSAlthough there is no specific law regulating the press, there are self-regulatory mechanisms which has been set up by the print media itself to provide guidelines for its function as disseminator of information to the public. The independent co--regulatory mechanisms set up by the print and online media include the Press Council of South Africa, the Press Ombud and the Appeals Panel. 13.1.1 PRINT AND DIGITIAL MEDIA SAThe Print Media SA, formed in 1995, and its natural progression to Print and Digital Media SA in the 21st century, is an umbrella term covering both the print and digital media. Its primary functions are? the marketing of media? lobbying and debating print and digital issues with government and other stakeholders? interacting with other industry bodies on matters of mutual interest? promoting and marketing the use, benefit and value of print and digital media in every way, ? advocating adherence by members to generally accepted principles of fair practice. 13.1.2 THE PRESS COUNCIL OF SOUTH AFRICA The Press Council SA is tasked to: Uphold and promote the Constitution of the Republic of South Africa by preserving the right to freedom of expression and freedom of the press. They are further required to promote and develop ethical practice in journalism and to promote the adoption of and adherence to these standards by the South African press; The Council is obliged to adopt “The Press Code of Ethics and Conduct for South African Print and Online Media” (“The Press Code”) and to act as its custodian, noting that the “press” as described in this Constitution excludes the broadcast media, which are regulated by the Broadcasting Complaints Commission of South Africa;To establish and maintain a voluntary independent mediation and arbitration process to deal cost-effectively and quickly with complaints from the public about journalistic ethics and conduct at publications that subscribe to The Press Code;To promote the concept of independent co-regulation of Subscriber Publications? and public awareness of the PCSA's mediation and arbitration services to deal with complaints about journalistic practice; andThe Constituent Associations are:The Association of Independent Publishers (AIP);The Forum of Community Journalists (FCJ);The South African National Editors' Forum (SANEF);?andThe Interactive Advertising Bureau South Africa (IABSA), representing the online media.Chapter 3 of the Constitution of the Press Council of South Africa deals with the media’s Independence and conflicts of interest. It states that:The press shall not allow commercial, political, personal or other non- professional considerations to influence or slant reporting. Conflicts of interest must be avoided, as well as arrangements or practices that could lead audiences to doubt the press's independence and professionalism.Journalists shall not accept a bribe, gift or any other benefit where this is intended or likely to influence coverage.The press shall indicate clearly when an outside organisation has contributed to the cost of newsgathering.The Editorial material shall be kept clearly distinct from advertising.13.1.2.1Powers and functions of the CouncilThe Council has the power to consider and decide on any matter arising from the Constitution of the Press Council of South Africa, as adopted in 2018 or the functioning of any office appointed in terms of the same Constitution. They must perform all such acts and do all such things as are reasonably necessary for or ancillary, incidental or supplementary to the achievement, pursuit, furtherance or promotion of the objects and principles contained in this 2018 Constitution, the Press Code, Complaints Procedures or any function considered necessary by the Council.They must endeavour to collaborate with similar or like-minded organisations in South Africa to ensure that a cost-effective voluntary independent mediation and arbitration process is available to deal quickly with complaints from the public about journalistic ethics and conduct.The Council also establishes a procedure to deal with complaints providing a non-statutory avenue for the mediation and arbitration of complaints.13.1.2.2. The Code of ethics and conduct for South African print and online mediaThe Press Council of South Africa and the Interactive Advertising Bureau South Africa have adopted a Code for print and online media (together referred to as “the media”).In its Preamble, the Code states that the media exist to serve society. Their freedom provides for independent scrutiny of the forces that shape society, and is essential to realising the promise of democracy. It enables citizens to?make informed judgments on the issues of the day, a role whose centrality is recognised in the South African Constitution.Section 16 of the Bill of Rights provides that:(1) ?Everyone has the right to freedom of expression, which includes:(a) ?Freedom of the press and other media;(b) ?Freedom to receive and impart information or ideas;(c) ?Freedom of artistic creativity; and(d) ?Academic freedom and freedom of scientific research.(2) ?The right in subsection (1) does not extend to:(a) ?Propaganda for war;(b) ?Incitement of imminent violence; or(c) ?Advocacy of hatred that is based on race, ethnicity, gender or?religion, and that constitutes incitement to cause harm.The media strives to hold these rights in trust for the country's citizens; and they are subject to the same rights and duties as the individual. The media's work is guided at all times by the public interest, understood to describe information of legitimate interest or importance to citizens.13.1.3 THE PRESS OMBUDThe Press Ombud adjudicates complaints about journalistic ethics and conduct at Subscriber Publications that cannot be resolved at the earlier level of mediation. The Press Ombud may decide matters as per the Complaints Procedures on the written representations and submissions of both parties, without hearing evidence. The Press Ombud may also conduct a hearing, at which he or she may be joined by one press representative and up to two public representatives from the Panel of Adjudicators. The Press Ombud may also co-opt a suitably qualified assessor, without voting rights, to assist the Adjudication Panel with complex issues.13.1.4 THE APPEALS PANELThe Panel of Adjudicators shall consist of a chair and 14 individual adjudicators, eight representing the public and six representing the press. The Chair of the panel may be a retired judge. Any party to a dispute may submit an application for leave to appeal to the Chair of Appeals against a ruling by the Press Ombud. If the Chair of Appeals is of the opinion that the contemplated appeal has reasonable prospects of success he or she will grant leave to appeal, otherwise he or she will refuse the application. In circumstances where no application for leave to appeal has been lodged by any of the parties to a particular dispute following a ruling by the Press Ombud; and the said ruling is brought to the attention of the Chair of Appeals, and he or she is of the opinion that the issues in that particular dispute are of great public interest and importance, and that an appeal has reasonable prospects of success, he or she may direct after due notice to the parties to the said dispute that an appeal hearing be convened. Having granted leave to appeal, the Chair of Appeals must convene an Appeals Panel, where he or she is joined by one press representative and, at his or her sole discretion, up to three public members of the Panel of Adjudicators. ?The Appeals Panel may consider the matter with or without hearing oral argument or evidence and its decisions will be by majority vote. The Chair of Appeals may deputise a member of the Panel of Adjudicators to act as the chairperson in a hearing.?13.2 GENERAL PROVISIONS REGARDING PRINTED MATTERThe Imprint Act 43 of 1993 regulates certain aspects with regard to printed matter.13.2.1 Definition of printed matterFor purposes of this Act printed matter is defined in section 1 as20224755397500? any picture or mark conveying any meaning? which has been affixed on any material, or? has been produced by impressing or transferring other material thereon13.2.2 Particulars of the printerAccording to this Act, all printed matter produced and distributed in South Africa, must bear a notice with the words "Printed by ...", followed by the full and correct name of the printer or a registered abbreviation of the same, as well as the full and correct address where he or she conducts his or her printing business. These particulars must be affixed by the printer in legible type in any of the official languages of the Republic (s 2). Failure to comply with these provisions is a punishable offence.201803028956000A printer is defined as? any person carrying on or managing a business which produces printed matterThe provision does not apply to printed matter which is not intended for public sale or public distribution. In other words, it is not required where the printed matter will not be distributed to the public.Owing to the fact that the liability rests on the printer, one can deduce that anyone who does not run a printing business, but who may undertake printing work on occasion, would not fall under the provisions of this Act.See in this regard the discussion in S v Griffiths (Pty) Ltd and Another 1974 (1) SA 154 (N) where it was determined that posters advertising a fete for a political party and which were printed by a printer, fall within the framework of this Act.Another interesting case that could be mentioned, is R v Vorster 1938 1 PH H 50T. The appellant, a printer, received an order for a number of receipt forms. He did not print the receipts himself, but requested another firm of printers to do the work. The name and address of this second printing firm appeared on the inside of the book in which the receipts were bound. The appellant, however, asked the printing firm to leave its name off the imprint and that was done. The court held that as the appellant was not the actual printer, there was no necessity for his name and address to appear on the printed matter. The offence is committed by the person who does the actual printing, and not by the person who publishes the printed matter on which the name and address of the printer do not appear.13.2.3 The use of abbreviationsA printer who wishes to use an abbreviation instead of his or her full name and address, must apply to the Printing Industries Federation of South Africa or such other authority as the Minister of Home Affairs may designate by notice in the Gazette. The Federation or authority, as the case may be, must notify the applicant in writing of the result of his or her application. Should it be approved, the relevant abbreviation must be registered in a register. The Federation or authority must, upon application by any person and on payment of the prescribed fee, furnish such person with a certified copy of the particulars in the register. Any alterations of the printer’s name must also be reported in writing, with the alteration being entered in the register (s 3).13.2.4 ExemptionsThe Minister is authorised to exempt any type of printed matter from the provision that the name and address of the printer must appear on it (s 5).13.2.5 Foreign printed matterPrinted matter printed abroad, may not be distributed in South Africa, unless the name of the country of origin is affixed thereto (s 4).13.3 COMPULSORY FORWARDING OF COPIES OF PUBLICATIONS TO LIBRARIES13.3.1 GeneralThe Legal Deposit Act 54 of 1997 makes provision for the preservation and cataloguing of documents emanating from or adapted for South Africa, in order to preserve the national documentary heritage. Publishers have to forward copies of documents published by them to certain libraries. Failure to do so creates a punishable offence.13.3.2 Places of legal depositThe libraries to which documents should be sent are known as places of legal deposit and are the City Library Services (Bloemfontein), the Library of Parliament (Cape Town), the Natal Society Library (Pietermaritzburg), the South African Library (Cape Town), the State Library (Pretoria), the National Film, Video and Sound Archives (Pretoria) as well as any other library prescribed by the Minister of Arts, Culture, Science and Technology.13.3.3 Definition of documentA document is defined in broad terms in section 1 of the Act as20116806604000any object which is intended to store or convey information in textual, graphic, visual, auditory or other intelligible format through any medium201803021907500Furthermoreany version or edition of a document which is significantly different from that document in respect of its information content, intelligibility or physical presentation, is considered to be a separate documentHowever, the Act applies only to documents? published in South Africa? produced abroad for a South African publisher and imported? produced abroad and adapted for the South African market13.3.4 Provisions to be satisfied by publishersFor each document that is published, a publisher must supply copies of the relevant document to the various places of legal deposit as prescribed. The following conditions will apply:(1) The publisher must bear the cost of the documents supplied.(2) The prescribed number of copies of documents should not be more than five.(3) The State Library in Pretoria must, apart from receiving a copy of a document, also receive certain prescribed information to that document.(4) Supply of these copies should take place within 14 days after public distribution of the document has commenced.13.3.5 ExemptionsWhere the high unit cost of the publishing of a particular document or its unique or labour-intensive production method causes the publisher serious financial or other hardship, the Minister may, after consulta- tion with the Legal Deposit Committee, exempt the publisher from the obligation of supplying copies to certain of the libraries but not from supplying the information required. The South African Library or the National Film, Video and Sound Archives, however, may not be exempted. Exemption may furthermore be granted where a certain library does not require the document. Such an exemption may at any time be withdrawn by the Minister or head of the place of legal deposit. Financial relief may be granted to publishers who suffer serious financial hardship as a result of their obligation to provide certain documents to the South African Library or the National Film, Video and Sound Archives.13.3.6 Default of the publisherShould a publisher fail to supply the documents required to one or more places of legal deposit, an officer authorised thereto by the Minister may demand that the document be supplied within 30 days. Should the publisher disregard this notice, the officer may purchase the document or cause a reproduction thereof to be made and recover the cost thereof from the publisher. Where the officer is not successful in either acquiring the document or the cost, civil proceedings may be instituted against the publisher.13.3.7 Legal deposit of official publicationsThe Minister must furthermore designate at least one place of legal deposit in each province to serve as an official publications depository for the reception of a copy of every official publication. Official publications relate to documents published by any organ of national, provincial or local government, parastatal organisations or other institutions listed as public entities.13.3.8 Duties of places of legal depositThe various places of legal deposit have to receive, preserve and catalogue the documents they receive and ensure freedom of access for the public.13.3.9 Legal Deposit CommitteeA Legal Deposit Committee is instituted with the objective to coordinate and promote the implementation of the Act and advise the Minister. It consists of? the heads of the places of legal deposit? the head of the Government Printing Works? one representative for all provincial official publications depositories? two representatives of the publishing industry? a maximum of four additional members to represent other interested partiesThe various representatives and the additional members are designated by the Minister but in the process, the principles of transparency and representativeness must be taken into account.FEEDBACK(1) The Print Media SA, formed in 1995, is an umbrella organisation administering three individual bodies, namely the Newspaper Association of Southern Africa (NA), the Magazine Publishers Association (MPA) and the Community Press Association. Its primary functions are the marketing of print media, lobbying and debating print issues with government and other stakeholders, and interacting with other industry bodies on matters of mutual interest.(2) The office of the Press Ombudsman was instituted to hear and adjudicate complaints on reports and advertisements in publications.(3) In terms of the Imprint Act 43 of 1993, the name and address of the printer should appear on all matter falling within the category of “printed matter” as defined by the Act. The provision does not apply to printed matter which is not intended for public sale or public distribution. In other words, it is not required where the printed matter will not be distributed to the public.(4) The Legal Deposit Act 54 of 1997 makes provision for the preservation and cataloguing of documents emanating from or adapted for South Africa, in order to preserve the national documentary heritage. Publishers have to forward copies of documents published by them to certain libraries. Failure to do so is a punishable offence.(5) With regard to the case study: the statutory requirements, including the sending of copies to libraries, are discussed in sections 13.3 and 13.4. (6) The office of Press Ombudsman was instituted to hear and adjudicate complaints about reports and advertisements in publications (see the discussion in 13.2).LEARNING ACTIIVITY 13.2 - TEST YOURSELF QUESTIONSQuestions relating to this chapter can be found under Discussion Forum 13.2. DISCUSSION FORUMYou are encouraged to discuss Learning Activities 13.1 & 13.2 online in the Discussion Forum. ................
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