One week after sending an open letter to South Africa’s President Jacob Zuma expressing concern at moves by the government and the ruling ANC party to pass an Information Bill and create a Media Appeals Tribunal answerable to Parliament, the International Press Institute (IPI) today called on South African Minister for State Security Siyabonga Cwele to seriously consider media and civil society recommendations on the Protection of Information Bill, and to bring its provisions in line with the South African constitution and with international press freedom standards.

On Thursday, 12 August, Dr. Cwele asked for a postponement of a meeting with a parliamentary ad hoc committee that must approve the bill, which had been scheduled for the following day. The minister said in a press release from his office that he needed more time to reflect upon submissions from civil society organizations and interested media, which he said he takes seriously.

IPI, which criticized the bill in a statement on 22 July, welcomes the minister’s interest in civil society and media feedback, and urges him to implement the recommended changes to the Bill, bringing it in line with democratic values and the South African Constitution, which guarantees media freedom.

The National Assembly’s Ad Hoc Committee on Protection of Information Legislation called for oral and written submissions about the controversial bill earlier this year. Numerous South African civil society groups, including the South African National Editor’s Forum, the Freedom of Expression Institute, Print Media South Africa, the SA Human Rights Commission, the Open Society Justice Initiative and a number of other media, legal and human rights representatives, made submissions warning that several of the bill’s provisions would concentrate power over government secrets in the hands of the state security minister, and lead to an erosion of investigative journalism.

The bill, which is meant to regulate the classification of information in South Africa, has been condemned as a step backwards for South Africa’s hard-won democracy, and likened to Apartheid-era legislation.

“It is unsettling to see South Africa, which is an African leader both in terms of media development and democracy, take a step backwards with the introduction of the protection of information bill,” said IPI Press Freedom Manager Anthony Mills.

“We would urge Minister Cwele to closely examine the submissions he has received from journalists and media groups about the bill, and recommend the appropriate changes. We look forward to hearing how he intends to bring the bill in line with democratic values and international press freedom standards.”

IPI Interim Director Alison Bethel McKenzie added: “IPI stands ready and able to participate in an open debate, as suggested by President Zuma, about the proposed media bill and the media tribunal.”

The Protection of Information bill was originally drafted in 2008 by the ministry for state security, but was rejected by a parliamentary committee on the grounds that it would lead to excessive government secrecy. Unfortunately, many of the original bill’s worrying provisions still remain intact.

Under the law, ministers will be able to classify information whose disclosure could harm South Africa’s “national interest”; unfortunately, the national interest is defined so broadly that it could include any issue. Even more worrying are the five to 25 year prison terms that those who disclose classified information could face, compared with much milder penalties for those who wrongfully classify information in order to hide their own illegal activities or incompetence. It does not provide for a public interest defence for those who reveal state secrets. Furthermore, the bill concentrates the ultimate power for classification and declassification in the hands of the state security minister which it is feared will lead to a culture of excessive secrecy.

The Bill comes as a proposal from the ruling ANC for a parliament-appointed media regulatory body is taking shape. The ANC’s proposed Media Appeals Tribunal, which IPI criticised in its letter to President Zuma last week, would place media regulation – and punishment – in the hands of the government, which is unacceptable in a democracy. It is also unnecessary, since the South African media is already regulated under a well-functioning Press Ombudsman system.