POLITICS

Press Freedom Commission: Terms of reference

Inquiry to consist of nine members, will report in eight months

Press Freedom commission

FINAL Terms of Reference

02 AUGUST 2011

1. BACKGROUND

Print Media SA (PMSA) and the SA National Editors Forum (SANEF), herein after referred to as the initiators, believe that freedom of expression is best fostered through a system of media self regulation, and that the protection and promotion of press freedom, human dignity,  and equality are necessary for the sustenance of South Africa's democracy.

The initiators are desirous of strengthening the work and effectiveness of the Press Council; and to take its work in investigating its systems forward.  These efforts have their origins in the fact that over the years many criticisms have been levelled against the shortcomings in print media's self-regulatory system.  The criticisms were brought to the fore once more when public debate followed the passing of a resolution by the ANC in 2007 which, amongst other concerns, mooted the idea of a media tribunal.

In the light of this, the initiators invited persons who represent different sectors of South African society to look at the regulation of print media in this country.  This group of people is called the Press Freedom Commission (PFC).  Former Chief Justice of South Africa, Justice Pius Langa, is the Chairperson of the PFC.

The PFC will study a report prepared by the Press Council about the current print media landscape and the Council's findings on strengthening self-regulation; and it will make recommendations on the place of print media regulation in a democracy in which the freedom of the press is guaranteed. These recommendations will ultimately be published in the form of a South African Press Freedom Report ("SAPF Report").

2. OBJECTIVES

The Primary Objective of the PFC:

To Ensure:

-Press freedom in support of enhancing our democracy which is founded on human dignity, equality and freedom.

The Secondary Objectives of the PFC:

-In support of our primary objective, the PFC will research the regulation of specifically print media, locally and globally. Self regulation, co- regulation, independent regulation and state regulation will be examined.

-Recommendations on the way forward will be developed and published to the stakeholders and in the public domain. The recommendations will represent the best regulatory framework suitable for South Africa and which is in conformity with the SA Constitution.

-The process for the finalisation of the recommendations will be completed by the end of March 2012.

The Action Plan of the PFC:

1. Review the Press Council report on strengthening press self-regulation in South Africa when it is published, and where necessary do further research. The review of the Press Council report will include the submissions which were made to the Press Council in its recent investigation.

2. Desktop research: Study regulation nationally and internationally to compare best practices. The international review will include visits to countries with a reputation for best practice and which are relevant to the South African context.

3. Public hearings: Conduct interviews with a representative spectrum of  stakeholders and the general public.

4. Publish a final SAPF Report of findings and recommendations for a gold standard of regulation in South Africa, and recommend additional measures deemed necessary. These would include, making a recommendation on the place of press regulation in a democracy in which freedom of the press, and human dignity are guaranteed, as contemplated in the Constitution.

5. The PFC will issue a final SAPF Report.

3. SCOPE

The PFC has a transparent mandate to review and compare media regulation in South Africa with international best practices. Upon completion of its work, it will publish the SAPF Report.

The PFC may comment on the social impact of a free press in relation to matters such as an empowered citizenry, protection of human dignity, corruption, education, access to services, etc.

The PFC's mandate is specific to the print media, but reference may be made to electronic and broadcast media, if and when relevant.

4. PROJECTION AND FUNDING

The PFC will consist of nine members, of which a quorum will be six members.

The PFC must aim to complete its assignment within 6-8 months.

The PFC's expenses and fees will be disbursed through the initiators, but managed through the Project Director.

Roles & Responsibilities

The Chairperson will set out the budget deliverables and activities and these will be approved by the PFC.

The PFC will assign responsibilities to staff and will be responsible for the issuing of reports.

6. REPORTING

The Project Director will submit regular updates about  the PFC's progress, as well as about  funds and the resources required to the initiators.

7. KEY MILESTONES

First month

Appointment of PFC Chairperson and other members.

Confirm terms of reference and formulate implementation procedure.

Develop and approve detailed review plan with resource and research requirements and budgets.

Second and Third month

Review the Press Council report on print media self-regulatory regime in South Africa.

Study regulation internationally to compare best practices.

Fourth and Fifth months

Public Hearings: interviews with interested stakeholders and public.

Sixth and Seventh months

Draft a final SAPF Report.

Eighth month 

Release of the SAPF Report.

8. COSTS

The PFC assisted by the Project Director and the initiators will agree on a budget for the following expenses:

  • Professional fees.
  • Travel, car hire and accommodation.
  • Incidental expenses.
  • Administrative support and services.
  • Staging of public hearings.
  • Incidental costs.

Issued by the Press Freedom Commission, August 10 2011

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