The Freedom of Expression Institute has published and has just started distributing a set of three new handbooks that were developed last year. The three handbooks are:

• The Right to Protest: A Handbook for Protestors and Police
• The Media and the Law: a Handbook for Community Journalists , and
• The Broadcasting Independence Handbook: Lessons from the South African Experience.

Tomorrow, the 22 November 2007, the Freedom of Expression Institute (FXI) will intervene as a friend of the Constitutional Court in the case of the Independent Newspapers v Minister of Intelligence Services. The FXI will argue that the Minister has not followed the proper procedural approach in his attempt to withhold certain documents from the public. 

The Freedom of Expression Institute is disturbed by the growing number of violations of the freedom of expression of workers. Four cases have been brought to the FXI's attention, of workers who are either being disciplined for utterances they have made, or who have already been dismissed.

Sign the petition against ideological exclusions by the US

On 25 October 2007 the Complaints Compliance Committee (CCC) of the Independent Communications Authority of South Africa (Icasa) dismissed an application by the Freedom of Expression Institute (FXI) to subpoena the transcript of the record of proceedings of the Commission of Inquiry Into Blacklisting and Related Matters.

FXI's Executive Director, Jane Duncan, today spoke at a colloquim on the ANC's media policy, hosted by the Department of Journalism at the University of the Witwatersrand. These are her speaking notes.

FXI's Executive Director, Jane Duncan, spoke today at a seminar hosted by the South African Human Rights Commission on "Privacy, Freedom of Expression and the Public Interest". These are her speaking notes.

Several labour and civil society organisations have sent a joint letter to President Thabo Mbeki objecting to the list of names forwarded to him for the new Board of the South African Broadcasting Corporation (SABC). We have asked him not to appoint them, and rather to send the list of names forwarded to him back to the National Assembly for reconsideration. The letter was sent from the Congress of South African Trade Unions (Cosatu), Freedom of Expression Institute (FXI), Media Workers’ Association of South Africa (Mwasa), the National Council of Trade Unions (Nactu), the South African Chapter of the Media Institute of Southern Africa (Misa-SA), the South African NGO Coalition (Sangoco) and the Treatment Action Campaign (TAC). 

The Freedom of Expression Institute (FXI) welcomes today's Constitutional Court (CC) judgment in the 'nose-stud' case, as a vindication of school pupil Sunali Pillay's cultural and religious rights, as well as her right to freedom of expression. 

The Freedom of Expression Institute’s concern about police repression of protests – especially those organized by poor communities against the lack of service delivery – was heightened this week with the highly-publicized housing protest in Protea South which was violently attacked by police.

FXI staff were eyewitnesses to acts of police harassment against Protea South residents Monday morning. Maureen Mnisi, a community leader and Gauteng Chairperson of the Landless People’s Movement, was arrested while trying to speak with the media. She and at least five other community members were taken into custody and released, without being charged, after spending the night in jail. FXI staff overheard a police captain admitting that he had “always wanted to arrest” Mnisi.

Click 'Read more' to see more photos from the 30 August 2007 march in Johannesburg for our Freedom of Expression Network Day of Action.

The Freedom of Expression Network (FXN) will be hosting its first National Day of Action with events across four provinces on Thursday, 30 August 2007 to raise awareness and build solidarity against repression and how the Regulation of Gatherings Act has been manipulated in an attempt to silence poor and other marginalized groups. Scores of organizations will join hands in solidarity on the 30^th of August against attempts to intimidate, harass, victimize, unlawfully arrest and torture protesters. These actions by the state are unacceptable violations of our human rights, enshrined in our nation's constitution. 

Speech by Jane Duncan entitled 'On libraries and intellectual self-defence', given at the World Library and Information Congress, Durban International Convention Centre, 22 August 2007

The Freedom of Expression Institute (FXI) feels that recent reports strongly suggest free speech the public health system needs intensive care. The most recent case of Eastern Cape’s Dr Nokuzola Ntshona, the Medical Superintendent at the Cecilia Makiwani Hospital who was suspended this week, raises serious questions about the state of free speech in the public sector.

The Freedom of Expression Institute is pleased to note that the SABC has responded to its call for clarification on the agreement between the broadcaster and the South African Jewish Board of Deputies.

We note with satisfaction the SABC’s assurance that there was no agreement with the SAJBD either on preventing certain commentators on the Middle East from appearing on SABC stations or on what we saw as a danger of pre-broadcasting censorship, with the pro-Israeli lobby being able to determine the form of reporting on the Middle East. Our concern has always
been that the SABC does not violate its licence conditions, the Broadcasting Act and its editorial policies and these were the concerns we raised.

SABC’s Managing Director of News and Current Affairs, who caused the public broadcaster allegedly to violate its licence conditions and the Broadcasting Act through his policy of blacklisting commentators and analysts, has done it again, it seems. According to the South African Jewish Board of Deputies (SAJBD), Zikalala has, in a deal with the Board, agreed to another form of blacklisting and is skating extremely close to allowing pre-broadcast censorship by a lobby group. The SABC needs to clarify whether these claims by the SAJBD are correct or not.

Yesterday, 25^th July, was the closing date for nominations of members for the SABC Board to be submitted to Parliament’s Portfolio Committee on Communications.

The Freedom of Expression Institute (FXI) undertook a process to draw up a list of nominees. We drew up a list of seven people after soliciting suggestions from a range of civil society organisations.

The Complaints Compliance Committee (CCC) of the Independent Communications Authority of South Africa (Icasa) today postponed its hearing into the SABC after the public broadcaster’s legal team appealed that they were not ready to argue the matter.

The hearing was scheduled as a result of a complaint submitted to Icasa by the Freedom of Expression Institute (FXI) in February 2007. The complaint alleged – on the basis of the report of the Sisulu Commission of Enquiry into allegations of blacklisting of commentators at the SABC – that the broadcaster was in violation of its licence conditions, the South African Constitution and the Broadcasting Act.

Read the full complaint

Read the SABC's Response

Read the FXI's reply

See the Sisulu Commission Report into allegations of blacklisting at the SABC

After two attempts by the SABC to obtain court interdicts this week, the SABC’s legal head Mafika Sihlali has succeeded where his employer has failed. Today’s gag order by Pretoria High Court Judge Lettie Molopa is a sad indictment of the judiciary’s inconsistent commitment to press freedom and exemplifies how judicial distrust of media practices and anticipation of catastrophic results have combined to prevent coverage of a matter of great public concern.

Executive Director of the Freedom of Expression Institute, Jane Duncan, spoke at the Mail & Guardian's Critical Thinking Forum yesterday on the SABC's banning of the "Unauthorised" documentary on President Thabo Mbeki. These are Jane's "Speaker's notes".

The Freedom of Expression Institute (FXI) welcomes the fact that the Portfolio Committee on Communications has called for nominations for a new Board for the South African Broadcasting Corporation (SABC). The process of public nomination is essential to ensure accountability of the Corporation to the very public it claims to serve.

However, the FXI is also deeply concerned by the manner in which the SABC Board nomination process is being handled by the Portfolio Committee. These concerns lead us to question whether, in fact, the interests of democracy are being served by the process.

The Freedom of Expression Institute is concerned at the implications of the decision by the Premier Soccer League (PSL) to award broadcasting rights for all its matches to Supersport for the next five years.

Soccer is one of those South African sports that is regarded as a sport of national importance. In a sense, the sport is a national asset. Further, a large proportion of the participants in the sport at various levels – including players and supporters – come from poor communities.

Earlier today, the Freedom of Expression Institute (FXI) wrote to the Mayor of Cape Town , Helen Zille, about the prohibition of gatherings in Cape Town during the public sector strike. The FXI also wrote to the City Manager's office to protest against the banning of the Cape Town leg of the 'World Naked Bike Ride'. 

Now you see it, now you don't, now you see it, now you don't: such is the farcical situation with the controversial documentary on President Thabo Mbeki, which the South African Broadcasting Corporation (SABC) had scheduled for screening on Sunday. 

The Freedom of Expression Institute (FXI) welcomes the fact that the South African Broadcasting Corporation (SABC) has decided to schedule the controversial documentary on President Thabo Mbeki for screening on Sunday 10 June at 9pm on SABC 3. In marches, pickets and demonstrations held outside various SABC offices since last November, the FXI has repeatedly called for the screening of the documentary, and the Institute is pleased that this is finally going to take place. 

The Freedom of Expression Institute (FXI) condemns the police actions against residents of Moutse who were protesting outside a stadium where the Limpopo MEC was addressing an Imbizo last week Thursday on issues or road, traffic and safety. Seun Mogoshi, a leader of the residents, who boycotted the Imbizo and continue to express themselves against the area’s incorporation into Limpopo, was arrested for inciting violence. Another community leader who was also arrested was charged for “driving with Seun”. The second man was released after he argued that he has never heard of such a charge. Mogoshi has been in custody since Thursday, 31^st May 2007. He was refused bail when he appeared in court on Friday. He will appear in court again today.

The Freedom of Expression Institute (FXI) welcomes the fact that, earlier today, the Pretoria High Court refused to grant an interdict against Beeld newspaper, sought by the Department of Tranport.

The newspaper was seeking to publish the findings of a leaked report by the Auditor General into security glitches in the controversial electronic traffic information system, the e-NaTIS system. When Beeld approached the department for comment, it responded by seeking an urgent interdict.

On the 20th February 2007, the Freedom of Expression Institute laid an official complaint with the Independent Communications Authority of South Africa (Icasa), accusing the South African Broadcasting Corporation (SABC) of having violated and being in violation of the Broadcasting Act and the SABC Licence Conditions.

Today, the Monitoring and Complains Unit (MCU) of Icasa informed the FXI that its complaint - together with that of the South African Jewish Board of Deputies - has been referred to Icasa's Complaints Compliance Committee (CCC) for adjudication.

See FXI's media statement about the complaint

Read the full complaint

Read the SABC's Response

Read the FXI's reply

See the SAJBD's complaint (together with Icasa's reponse and the SAJBD reply) 

See the MCU's letter , received today

See the Sisulu Commission Report into allegations of blacklisting at the SABC

What you can do!

The Mail & Guardian, FXI, MISA-SA and SANEF are delighted by a ruling in favour of open justice and media freedom in the Pretoria High Court today.  This follows an effort by the State to gag a vital nuclear smuggling case in which two individuals and a linked company are charged with smuggling components to an international syndicate. 

This is the full text of the Harold Wolpe Memorial Lecture delivered by FXI's Executive Director, Jane Duncan, at the University of KwaZulu Natal on the 17th May 2007. Jane reflects on and analyses the state of academic freedom and freedom of expression in South African universities today and warns that the kind of tertiary institutions we are nurturing does not bode well for our democracy.

Yesterday, 3 May 2007, World Press Freedom Day, the Freedom of  Expression Institute addressed the Parliamentary Portfolio Committee on Home Affairs, articulating the Institute's objections to the current draft of the Film and Publications Amendment Bill. The Institute's representatives, Simon Delaney and Na'eem Jeenah, were harangued by Committee chairperson, Patrick Chauke, who kept insisting that the FXI supported child pornography, despite the FXI's repeated clarification that it supported the criminalising of child porn. The FXI's main thrust was that the exemption that exists in the current Film and Publications Act for print and electronic media must be maintained (the Bill removes the exemption) and a limitation be inserted which excludes child pornography from the exemption. 

See the FXI's written submission on the FPB  

Today, the Freedom of Expression Institute (FXI) joined the Mail & Guardian newspaper, the South African Chapter of the Media Institute of Southern Africa (Misa-SA) and the South African National Editor's Forum (Sanef), in opposing the South African State's bid to close the court for a trial of 2 individuals and a company charged with smuggling components that may be used in the design of nuclear weapons.

The inaugural year of the FXI's Law Clinic has been an outstanding success. The huge number of interventions as a quantitative indicator is important, but the quality of the Law Clinic's work should be the primary yardstick of success. 

As yet another South African academic, the University of Kwa-Zulu-Natal's (UKZN) Professor Evan Mantzaris, faces disciplinary action for exercising his right to free expression, the Freedom of Expression Institute (FXI) again expresses its concern at the erosion of free expression rights at tertiary academic institutions. In terms of the South African constitution, academic freedom is an instance of freedom of expression, and is protected in terms of this right. 

In November 2006, the FXI's Communication Rights Campaign held a march to the Head Office of the South African Broadcasting Corporation (SABC) in Auckland Park, Johannesburg. A memorandum was handed over to SABC Management, raising a number of complaints about the conduct of the public broadcaster. Over the past three weeks, the Campaign held three pickets outside the SABC Head Office in Auckland Park, Johannesburg and one picket outside the SABC offices in Durban, demanding a response to the memorandum. See the FXI's media alert below. You can also read the memorandum that the FXI submitted to the SABC on the 16th November 2006.

On Tuesday, 20 and Wednesday, 21 February 2007, the Constitutional Court will hear the appeal by the Kwa-Zulu Natal MEC of Education (and others) against the High court decision in favour of Sunali Pillay’s right to wear a nose-stud to school. The FXI has been admitted as amicus curiae and will present both written and oral argument. 

The Freedom of Expression Institute is pleased with and welcomes the ruling by Zimbabwe’s High Court on Thursday, 25^th January, that the Zimbabwean government’s termination of the citizenship of publisher Trevor Ncube was “unlawful” and “null and void”.

Ncube is the owner of the South African Mail & Guardian as well as of two Zimbabwean newspapers: the Zimbabwean Independent and The Standard. These are the only independent newspapers still publishing in Zimbabwe.

The FXI responded to a proposal by the Cape Town Metropolitan Council for a by-law on "public nuisances" with a submission to the Council, specifically relating to the section on gatherings. The response to the FXI submission by JP Morgan (DA), the chair of the Safety and Security Portfolio Committee of the Council, prompted the following media release from the FXI.

See also:

• The FXI submission on the proposed by-law
• Extract from legal opinion obtained by the FXI on the Regulation of Gatherings Act
• FXI's survey of the implementation of the Regulation of Gatherings Act in Johannesburg
  
• FXI's research report on the implementation of the Regulation of Gatherings Act nationally

FXI issued a media release on the 17th November 2006 (see below) on the censoring Minister of Ronnie Kasrils by the South African Jewish Report. The South African Board of Jewish Deputies (SABJD) subsequently accused the FXI of 'ideological bias' and of selective protection of freedom of expression. The FXI strongly rejects these claims.

Read the full exchange of letters between the FXI and the SABJD:
SABJD letter to FXI
FXI responds
SABJD responds
FXI's second response
SAJBD's third letter
FXI's third response  

The FXI's Communications Rights Campaign today marched on the Head Office of the South African Broadcasting Corporation (SABC) in Auckland Park, Johannesburg. A memorandum of grievances was handed over to SABC management. 

The Freedom of Expression Institute is outraged that the South African Broadcasting Corporation (SABC) has decided not to release the much- awaited report into allegations of a politically-motivated 'blacklist' implemented by the Group Executive of News, Dr. Snuki Zikalala, on SABC services. Instead they have chosen to release the findings. This blacklist is alleged to have consisted of political commentators that had made statements critical of President Thabo Mbeki's presidency. 

The Freedom of Expression Institute is concerned about declining levels of media freedom in South Africa, and calls on all South Africans to use the opportunity of National Press Freedom Day (October 19) to reflect on the implications of this trend for the country. Over the past year, South Africa has witnessed growing threats to the independence of the communications sector, as well as rise of pre-publication censorship and pressure on the confidential