Mr Justice Mayat turned down an application for an interdict to muzzle the Mail & Guardian. The application was brought late last night by a Muslim organisation when it learnt the newspaper was publishing a cartoon depicting the Prophet Muhammad (see my previous post on this). As a judge and Muslim, Judge Mayat said, he was bound by the Constitution (see M&G editor Nick Dawes’ Twitter feed). Good decision by a principled judge.
This from Die Burger (via Legalbrief):
Freedom of speech is central to a stand-off between a Cape Town art gallery and a national company which has demanded that one of the artworks be removed. According to a report in Die Burger, Pam Golding Properties has demanded the removal of the artwork ‘Hated Communities’ by Richard Mason. Pam Golding has also sought an undertaking that the Association for Visual Arts gallery will not attempt to sell the piece. The gallery’s director, Kirsty Cockerill, said they will not be censored. The artwork was removed, but replaced with Pam Golding’s letter on the wall. The report says the artwork depicts a notice board resembling some of the attributes in Pam Golding’s logo. It is made out of perspex with a light shining from within. Mason has similar ‘satirical’ artworks focusing on Pick n Pay, BP, Woolworths and Walt Disney. An art reviewer described the work as satire with ‘commercial, political and religious propaganda’. ‘Artists don’t have the time or money to get involved in bitter legal battles with big companies. The companies can bully artists into silence,’ Cockerill said.
Shame on Pam Golding. And shame on the art gellery too, for caving in after saying they won’t accept censorship. They have the law on their side – remember Justin Nurse and SAB? – so why not take a stand?
More trouble. This from IoL (also via Legalbrief):
An interdict was served late last night against the Mail & Guardian and its editor Nic Dawes after publishing a cartoon by Jonathan Shapiro (Zapiro) depicting Prophet Muhammad, says a report on the IoL site. Dawes said the cartoon depicted Prophet Muhammad lying on a couch speaking to his psychiatrist. ’The cartoon picks up on the Facebook group which encouraged people to send pictures of the Prophet.’ He said when the first newspapers were distributed, he received a call from attorney Yusuf Ismail, stating that further distributions should be halted. ‘At that time I could not stop further distributions, and I would not have,’ said Dawes, according to a report in The Mercury. He said an interdict was then served and handled by Judge Mayat at the Johannesburg High Court last night.
Come on, I thought we were over this! At least I got my M&G in the post box this morning. The Eastern Cape batch must have been on the plane before the interdict was granted.
PS. Mmm. The cartoon is still on the website too. Good on you Nick.
What a great example of financial writing from the New York Times’ Floyd Norris, who lifts the normally humdrum market story to new heights:
Combine one part nervous traders, one part Greek crisis and one part trader error. Stir in one part central bank complacency. Bring to boil. Panic.
Read the full story here.
Should former President Thabo Mbeki be charged with genocide for denying HIV-Aids sufferers access to anti-retroviral drugs?
When Young Communist League leader Buti Manamela made such a call in November last year, it led to weeks of debate in the media, much if it, unfortunately, ill-informed. If journalists understood the law relating to genocide, and the international criminal justice process involved, we would have been spared an ultimately distracting debate: the real question is around accountability for political actions, but that got lost in the emotive war-of-words ignited by the term “genocide”.
Any journalist who looked at the definition of the crime of genocide, as stated in the Rome Statute, which established the International Criminal Court, would have realised immediately that Mbeki’s HIV-Aids policies could not constitute genocide, however much we want to hold him (and his cabinet colleagues) accountable (see below). But how many South African journalists had heard of the Rome Statute, let alone bothered to look it up?
A group of journalists, academics and activists met in Salzburg last week to draft a model curriculum for reporting on international criminal justice issues. The project, supported by the Salzburg Global Seminar, the Open Society Initiative and the International Center for Media and the Public Agenda at the University of Maryland, is aimed at giving journalism students a better understanding of international criminal law, and to help them identify stories and analyze events.
The fruits of their labours – a draft curriculum outline – is available on the group’s website, together with other useful resources. The curriculum is flexible – it can be adapted and fleshed out for different countries and levels of study. Participant academics will devise detailed syllabi and teaching resources, which may be shared on the website and, perhaps, a follow-up meeting later this year.
Genocide, by the way, is defined in the Rome Statute, Article 6, as:
“…any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
a) Killing members of the group;
b) Causing serious bodily or mental harm to members of the group;
c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
d) Imposing measures intended to prevent births within the group;
e) Forcibly transferring children of the group to another group.”
On Wednesday, Beeld ran a story about a police reservist who was shot three times by a robber at his Pretoria home, and claimed he had phoned the 10111 police emergency number three times without getting help. Turned out the real reason why the man couldn’t get help was that his girlfriend had phoned the wrong number – not once, but three times, as Beeld somewhat lamely revealed in its follow-up story today. Instead of dialling 10111, she dialled 082 911 and got through to the emergency call centre of her cell phone company.
The initial story made the police look very bad indeed:
One of President Obama’s proposed bank reforms is aimed at ensuring “that no bank shall (conduct) proprietary trading operations unrelated to serving customers for its own profit.” How many newspaper readers/Twitter followers/television viewers/etc would know what that means?
“In English: No federally backed bank will be allowed to use other people’s money to take big risks, reap most of the rewards, and suffer minimal consequences if the investments fail.”
Funny how things suddenly make so much sense if you say them in plain English.
E-tv and the World Cup thugs: Section 205 subpoenas may damage media’s credibility, but so does shoddy journalismJanuary 22, 2010
Media lobbyists are jumping to the defence of e-tv after police served subpoenas on journalists who interviewed two criminals planning to prey on World Cup visitors. Police are demanding the unedited footage of the interview, as well as the identities of the thugs, one of whom has already been arrested. The other is likely to be nabbed soon, which would obviate the necessity fot the subpoenas and allow this issue to disappear quietly. But the debate around the use of Section 205 of the Criminal Procedure Act to force journalists to divulge information won’t go away.
Business Day argues in an editorial today that the legislation should be used circumspectly, not as a tool for lazy policemen who don’t want to do their own investigation.
“…in the e.tv saga, there is little to be gained from forcing journalists to reveal their sources and much potential to damage the media’s credibility with the public and ability to extract information from interviewees in future.”
I agree with Business Day’s argument in general. But I have to add: in the e-tv case, it is the broadcaster itself which damaged the media’s credibility with the public by manufacturing a Read the rest of this entry »