The Media and the Law: A Handbook for Community Journalists

According to Freedom of Expression Institute (FXI), over the past few years the organisation has charted a trend of increasing media censorship in South Africa. While large media houses are generally well-equipped to handle this, FXI says that smaller community newspapers often lack the knowledge, skills, and resources to fend off threats to their freedom to publish. This guide intends to fill that knowledge and skill gap. It is designed to enable small independent and community media, specifically newspapers and radio, to counter growing media censorship in South Africa, and to ensure that the media is aware of their rights and how to protect and enforce them. The handbook provides information about the current state of the law of defamation, and provides checklists to see whether particular reports are defamatory. In addition, it provides information on what to do if particular reports do attract threats of legal action.

The publication contains the following sections:

• the principles and institutions protecting freedom of expression;
• an overview of legislation impacting on media freedom;
• a chapter on plagiarism and copyright;
• a chapter detailing information on defamation;
• a privacy checklist;
• a subjudice checklist;
• a checklist for protection of confidential sources;
• a section on interdicts;
• a chapter on hate speech; and
• a resource list of free lawyers that will help an organisation if they are sued.