Primedia’s internal ombudsman, Adv George Bizos, SC, has found that, while Eyewitness News’s recent satirical political cartoon “A Congress of Clowns” “may have been in bad taste and facetious”, there were no grounds for a claim of defamation or racism, and that EWN’s “swift response” had been appropriate.
Adv Bizos also ruled that, as a news outlet, EWN did not act out of bounds of the Constitution and the Law. In his ruling, he stated:
“Cartoonist, comedians and satirists use hyperbole once being facetious and humorous, as necessary tools of their profession. Their right to use them is guaranteed by Section 16 of the Constitution which provides:
16. Freedom of Expression
(1)Everyone has the right to freedom of expression, which includes –
(a)Freedom of the press and other media;
(b)Freedom to receive or impact information or ideas;
(c)Freedom of artistic creativity; and
(d)Academic freedom and freedom of scientific research.
(2)The right in subsection (1) does not extend to –
(a)Propaganda for war;
(b)Incitement of imminent violence; or
(c)Advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.
“It is my opinion none of the exceptions set out in subparagraph (2) are applicable to the conduct of the cartoonists. I would however request them to be less facetious in the future.
“I am of the view that Roger Jardine [Primedia Group CEO] and Katy Katopodis [EWN editor-in-chief] did well to apologise and politely receive the protestors and put an end to the matter,” Bizos concludes.
“We appreciate that South Africa remains a young democracy”
In a media statement, Primedia said that “[a]s an owner of broadcast media properties Primedia will defend editorial independence, and strongly assert our rights, and obligation to protect the right to freedom of expression. Nevertheless, we appreciate that South Africa remains a young democracy that is grappling with a long and divisive history and that the majority of our fellow countrymen and women were the victims of considerable indignity and abuse.”
The cartoon was published on www.ewn.co.za on Wednesday, 28 May 2014, followed by public outcry and members of the public labelling the cartoon offensive and racist.
EWN issued an apology the next morning, “well before the African National Congress (ANC) became involved in the matter later in the day”, according to the media statement. “The apology was not the result of political pressure but due to EWN appreciating that an aspect of the cartoon had offended members of the community we serve.”
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