The Southern Africa Human Rights Defenders Network fully supports the repeal of the crime of criminal defamation by the South African government after President Cyril Ramaphosa assented to the Judicial Matters Amendment Act of 2023.
“We note that while this move was long overdue, it is better late than never. It is indisputable that such a draconian legislation was inconsistent with growing jurisprudence around freedom of expression and the media hampering broadening the democratic space. Therefor the decision by the South African government to yield to growing concerns from various international and local stakeholders is welcome. This is so because the legislation had an alarming effect on media freedom and disproportionate in terms of international law. This development will now provide a contented environment for journalists to operate and for the public to more effectively interrogate public interest and benefit issues ahead of the May 2024 elections. Given the economic and political challenges the nation is facing, there is need for a robust and critical national discourse that is initiated without a criminal defamation legislation hanging loose above them,” said Prof. Adriano Nuvunga, the Chairperson of SouthernDefenders.
Historically, criminal defamation has been weaponised to stifle dissent and incarcerate political opponents. Journalists have lived under the shadow of such a repressive law, as it produced a chilling effect to the exercise of freedom of expression. More often than not, journalists in Southern Africa had repeatedly found themselves behind bars charged and persecuted under the insult laws, as criminal defamation was known. Therefor its repeal is a breath of air. Moreso that the media can now freely report without the disproportionate use of such an archaic legal dagger used to bludgeon them into submission.
The SouthernDefender have repeatedly indicated that aggrieved parties should always exploit civil proceedings and not resort to criminal law to settle disputes. This is so because an untruthful, hurtful and or defamatory statement is civilly actionable. The judiciary is well equipped to address such grievances and award appropriate remedies under law.
Several jurisdictions in the region, including Zimbabwe, Ghana, Kenya, and Lesotho have repealed criminal defamation after a challenge on the validity of such laws under the respective constitutions. This chimes with the spirit and import of international standards on the protection of freedom of expression and media freedom under the International Covenant on Civil and Political Rights as well as the African Charter on Human and People’s Rights. It is not ironic that the crime of defamation, often called an ‘insult law’ was in the 2007 Declaration of Table Mountain of the World Association of Newspapers and News Publishers regarded as the “greatest scourge of press freedom on the continent”. The Declaration called for the urgent repeal of the insult law. The Commonwealth Human Rights Initiative (CHRI) in 2011 also noted the “chilling effect” of defamation as it provided an unprogressive framework for public self-censorship, propagating a wider culture of fear and uncertainty within society that limits free speech. The SouthernDefenders remain committed to the media freedom across the region and therefore,
Demands that Southern African countries such as Angola and the Democratic Republic of Congo should now consider decriminalisation of defamation.
Takes note that criminal defamation was never an appropriate remedy to seek redress, and as such has persistently threatened freedom of expression and been subject to abuse.
Urge the South African government to continue promoting, and safeguarding the rights of citizens to fully and in an unhindered manner express themselves without fear of persecution ahead of the May 2024 elections.
Demands that other regional jurisdictions refrain from weaponising insult laws, and other offences of publishing false material against citizens.
~Ends~
For additional information, please contact Washington Katema on wkatema@southerndefenders.africa or +27736202608
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The post PRESS STATEMENT ON THE REPEAL OF THE OFFENCE OF CRIMINAL DEFAMATION BY THE PARLIAMENT OF SOUTH AFRICA FROM THE SOUTHERN AFRICA HUMAN RIGHTS DEFENDERS NETWORK appeared first on SouthernDefenders.
