In contrast to the apartheid era, section 16 of South Africa’s Constitution expressly guarantees freedom of expression, including freedom of the press and other media, and the freedom to receive and impart information and ideas. Our courts have consistently affirmed the centrality of these freedoms to democracy.

Freedom of expression is a gateway right, enabling people to know, claim, assert and enjoy their other fundamental rights. Independent journalism is indispensable for promoting a culture of human rights, facilitating a plurality of opinions, encouraging contestation and robust public debate, and contributing to the vibrancy of our democracy. Journalism also plays a critical role in confronting South Africa’s unresolved National Question by interrogating persistent inequalities, challenging exclusionary narratives, exposing corruption and maladministration, and fostering belonging and social cohesion. This is why one of the five pillars of the SAHRC’s Promoting a Culture of Human Rights through the Resolution of the National Question campaign focuses on the media's role in nation-building.

The Commission remains concerned about the growing challenges facing journalists and media institutions. Economic and financial pressures continue to undermine the sustainability of independent journalism, leading to staff cuts and reduced newsroom resources. Journalists also face intimidation, harassment, physical threats and violence from powerful actors seeking to silence critical reporting. Powerful actors increasingly resort to Strategic Litigation against Public Participation (SLAPP) suits to censor journalism. Of particular concern is the targeting of women and non-binary journalists through gendered disinformation, online harassment, doxxing and digital gender-based violence.

While reaffirming the importance of media freedom, the Commission reminds journalists and media institutions of their ethical responsibilities. Freedom of expression does not absolve the media of its duty to report accurately, fairly and in context. The Commission is particularly concerned about the amplification of disinformation, hate speech and divisive narratives that undermine human dignity, equality and social cohesion. Responsible journalism requires careful consideration of the distinction between reporting on harmful expression and unnecessarily amplifying it.

In this regard, the Commission reiterates Recommendations 4 and 5 of its Policy Brief on Information Integrity and Human Rights: Disinformation, Platform Accountability and Democratic Resilience in South Africa, which call for, first, a resilient and diverse media ecosystem, supported by community media, indigenous-language platforms, public-interest journalism and fact-checking organisations, and, second, sustained investment in media, information and digital literacy. 

As we commemorate Black Wednesday, the Commission reaffirms its commitment to supporting and collaborating with journalists, media institutions, fact-checking organisations, civil society and other stakeholders to defend media freedom, strengthen information integrity, promote media diversity, and advance a society founded on human rights, equality and social cohesion.

ENDS

ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION