The proposed media and defamation act : a human rights perspective

Abstract

This term paper considers a plethora of elements that make up the importance of the fundamental human right of ‘freedom of expression’. This right is juxtaposed with the proposed Media and Defamation Act. The Press Act and the Defamation Act are used as precursors of the developments of press law and the expected changes in the upcoming Media and Defamation Act. In doing so, reference is made to the legislation of the Convention for the Protection of Human Rights and Fundamental Freedoms, predominantly enshrined in Article 10, and judgments of the European Court of Human Rights. Several case-law emanating from the latter institution were essential to showcase its reasoning with respect to freedom of expression principles. Moreover, this term paper evaluates the role of the media in a democratic country. Journalism is compared as a corollary to democracy insofar as it is seen as the public watchdog of society. Journalists scrutinise the modus operandi of the government and societal problems. For this reason, many provisions of the Press Act were contemplated. Further, civil and criminal libel cases were discussed. The latter is particularly important since it will be done away with once the Media and Defamation bill becomes law. Many other countries share the view that criminal libel is archaic and can lead to a chilling effect on democracy. Lastly, provisions from the proposed Media and Defamation Act are compared with the Press Act and the Defamation Act. There will be notable improvements such as the quantum of compensation in a libel suit as well as the introduction of the civil tort of slander.