The Press Council of South Africa (PCSA) has expelled the Independent Media group of publications with immediate effect.
Press Council Chair Judge Fritz Brand said it was unacceptable that publications wilfully refuse to obey the rulings of the PCSA. When publishers join the Council, they sign an agreement, meaning that “publications that voluntarily subscribe to the jurisdiction of the PCSA commit to abide by the Press Code and are bound to comply with any sanctions against them made by the Press Ombud and the Chair of Appeals”.
Judge Brand said it was “sad” that the PCSA had to expel a member. This has only happened once before, when the PCSA expelled The Jewish Report in May 2022.
“We want as many media groups as possible to subscribe to the Press Code which sets the rules of the game for fair journalism,” said Judge Brand.
The expulsion follows the group’s refusal to obey findings of the Council’s Adjudication Panel and Chair of Appeals relating to a column headlined Is Karyn Maughan South Africa’s Leni Riefenstahl – the Nazi Film Propagandist?, published on 3 March 2024 in the Sunday Independent and various other Independent Media titles, and to an existing decision from 2016 in the matter, Gillian Moodie vs Independent Newspapers
An Adjudication Panel chaired by Deputy Press Ombud Franz Krüger, assisted by Professor Karthy Govender and veteran journalist Joe Thloloe, found that the column about Ms Maughan had caused severe harm to the news24 journalist’s professional and personal reputation.
Sunday Independent applied for leave to appeal the finding and the sanction, but the application was dismissed by the PCSA’s Chair of Appeals, Judge Bernard Ngoepe, who found that there were no reasonable prospects of success.
The sanction of the Adjudication Panel thus stands. Sunday Independent, Independent Online (IOL) and all the other publications of Independent Media that published the article, are directed to retract the article and apologise to Maughan. Every online version of the article should be removed.
After receiving Judge Ngoepe’s decision, Sunday Independent published an article on IOL, saying it was withdrawing from the PCSA. The PCSA sought clarification from Independent Media CEO Mohammed Hoosain.
In a letter dated 2 October, he confirmed Sunday Independent’s withdrawal, but it was unclear what this meant regarding the sanction.
IOL CEO Viasen Soobramoney also indicated that IOL could not be held responsible for the editorial decisions of publications on that platform.
Regarding Gillian Moodie vs Independent Newspapers, Ms Gillian Moodie approached the PCSA about an outstanding apology owed to her by Independent Media after a finding made by the-then Press Ombud in 2016.
Independent Media withdrew from the PCSA in 2016 and rejoined the Council in January this year.
In August this year, Judge Ngoepe found that the 2016 finding and sanction against Independent Newspapers in the matter, stood, as Independent Media had failed to pursue the granted leave to appeal.
The 2016 sanction was that Independent Newspapers should apologise to Ms Moodie. However, Independent Media had earlier stated that it had deleted the online article and regarded the matter to be closed.
At a special PCSA meeting on 3 October 2024, the Council rejected Sunday Independent’s “withdrawal”. It decided that if Sunday Independent did not submit a draft apology to Ms Maughan for approval by the Deputy Press Ombud by the deadline of 9 October 2024, it would give the Independent Media group of publications seven working days to adhere to the findings or submit reasons why they should not be expelled.
Independent Media’s Internal Legal representative informed the PCSA on 7 October 2024 that they would not be abiding by the sanctions.
In a letter dated 10 October, Judge Brand wrote to the CEOs of Independent Media, IOL and African Community Media, stating that the PCSA rejected Sunday Independent’s “withdrawal”.
On 18 October in a letter to PCSA Executive Director Ms Latiefa Mobara, Mr Hoosain reiterated the group’s rejection of the PCSA findings and sanctions and requested a meeting between Ms Mobara and the Chairman of Independent Media, Dr Iqbal Survé. He also said that a formal letter of withdrawal would “follow within the next week”.
Judge Brand informed Mr Hoosain on 21 October that the proposed meeting would serve no purpose and that the deadline for submitting any representations was Tuesday 22 October.
Independent Media and IOL sent “letters of withdrawal” on 22 October.
On 23 October, the Press Council unanimously decided to expel the Independent Media group with immediate effect.
In the letter of expulsion, Judge Brand wrote: “…in accordance with Clause 4.3 of the Press Council’s Constitution, Subscriber Publications must give the PCSA at least three years’ notice of their intention to withdraw from the jurisdiction of the PCSA.
“Be it as it may, the Press Council cannot accept the ‘withdrawals’, not with Independent Media’s refusal to comply with the findings and sanctions of the Press Council’s Press Ombud, Adjudication Panel and Chair of Appeals. We thus reject the ‘letters of withdrawal’.
“Your letters up to date have given no indication that you will be adhering to the findings and sanctions of the Press Council and have given no motivation why the PCSA should not expel the Independent Media Group accordingly.
“The Independent Media Group rejoined the Press Council as a group in January 2024. The group is thus expelled as a group – that is, Independent Media, Independent Online (IOL) and Africa Community Media.”
Regarding current, pending complaints against the Independent Media group of publications, the PCSA will endeavour to reach some agreement with Independent Media on how to conclude the matters.
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