Complaints Procedure | Independent Media Ombudsman

Independent Media Public Editor Complaints Procedure

Who can complain?
1. A natural person who has a direct and personal interest in published material may complain;
2. Third party complaints will be accepted if,
  1. the person affected by the published material cannot act in his/her own name; or
  2. Good cause is shown.
3. A company, trust, association or other corporate institution which has a direct interest in published material may complain, subject to Clause 3 below.
Lodging a Complaint
1. Complaints must be submitted in writing to the Public Editor within 30 days of the publication or broadcast of the material in question.
2. Complaints can be lodged via email, online form, or any other method prescribed by the Public Editor.
3. The complainant must provide:
  1. The name and contact details of the complainant.
  2. The name of the publication or broadcaster.
  3. The date of publication or broadcast.
  4. A copy or link to the material in question.
  5. A detailed explanation of the complaint, including any relevant context.
Acknowledgment and Preliminary Review
1. The Public Editor will acknowledge receipt of the complaint within three business days. (automated response)
2. The Public Editor will conduct a preliminary review to determine whether the complaint falls within its jurisdiction and whether it meets the criteria for consideration.
3. If the complaint is deemed frivolous, vexatious, or outside the jurisdiction of the Public Editor, it may be dismissed at this stage, and the complainant will be informed in writing.
4. If the complaint is accepted, the Public Editor will notify the respondent (publication or broadcaster) within seven business days, providing them with a copy of the complaint and a deadline to respond.
Mediation
1. The Public Editor will offer both parties the opportunity to resolve the matter through mediation.
2. Mediation will be conducted by an independent mediator appointed by the Public Editor.
3. If mediation is successful, the agreement will be recorded in writing, and the complaint will be considered resolved.
4. If mediation fails or is declined by either party, the complaint will proceed to adjudication.
Adjudication Process
1. The Public Editor will appoint the adjudication to consider the complaint.
2. Both the complainant and the respondent will be given an opportunity to make written submissions to the adjudication.
3. The adjudication may request additional information or clarification from either party as necessary.
4. The adjudication will consider all relevant evidence, including the material in question, the submissions from both parties, and any applicable legal or ethical standards.
5. The adjudication will make a determination based on the merits of the case and issue a written decision.
Waiver
1. No complaint shall be accepted unless the complainant, or in the case of third-party complaints, the person affected by the publication, has waived his/her/its rights to institute an action or application in any court or other tribunal.
2. The waiver shall be unequivocal and in accordance with the prescribed form which is Form A” hereto.
3. The waiver will only be required if no settlement in terms of rule 9 below can be reached.
Deposit
1. Any complainant other than a natural person, a registered Non-Profit Organisation, or a Public Benefit Organisation, shall pay a refundable deposit of R5 000.00 before the complaint will be considered by the Public Editor.
2. The deposit will only become payable if no settlement in terms of rule 9 below can be reached.
3. If the complainant referred to in 7.1 above is substantially successful, the deposit shall be refunded to the complainant.
4. The Public Editor may, on good cause shown, waive the requirement for the deposit.
Minimum content of complaint
1. Every complaint shall be in the format of Form B hereto.
2. Each complaint shall contain at least the following information;
  1. Full particulars of the complainant;
  2. The article or articles which contain the published material complained of;
  3. The reasons for the complaint;
  4. What rights of the complainant have been breached by the publication;
  5. Any harm or damages that the complainant claims to have suffered as a consequence of the publication.
Settlement procedure
Once a complaint has been received in accordance with Form B, the following procedure shall apply:
1. The complaint shall be referred to the Independent Media regional editor for the region in which the article has been published. (For example: Publication under the editorship of The Star newspaper shall be referred to the Gauteng Regional Editor).
2. If more than one regional editor has jurisdiction, it may be submitted to any one such regional editor.
3. The regional editor shall within 14 (fourteen) days of receipt of the complaint:
  1. Assist the complainant to amend the complaint if it is not compliant with Form B;
  2. Endeavour to reach a settlement between the complainant and Independent Media.
4. Failing settlement, the complaint shall:
  1. Without delay complete the waiver and, where applicable, pay the deposit in respect of their complaint; and thereafter
  2. Call upon the relevant editor to submit a response to the complaint within 7 (seven) days;
  3. Refer the complaint to the Public Editor for adjudication.
Rules of adjudication – The Public Editor
1. If the Public Editor can rule on the complaint based on the complaint and the response alone, he or she shall do so as soon as possible after the referral, not exceeding 21 (twenty-one) days.
2. If the Public Editor is of the view that the matter cannot be decided on the documents before him, or if there is a dispute of fact that cannot be resolved on the papers before him, he shall call for a hearing.
3. At the hearing:
  1. The procedure shall be informal and as determined by the Public Editor;
  2. The rules of natural justice shall be followed;
  3. Neither party shall be entitled to legal representation, unless permission therefor is granted, on good cause shown.
Rulings and sanctions
1. Once the Public Editor has ruled on the complaint, he shall inform the complainant and the editor immediately;
2. The Public Editor shall publish the ruling on the website;
3. If the complaint is allowed, partially or in full, the Public Editor may impose any or a combination of the following sanctions:
  1. Reprimand;
  2. A directive that the offending publication publishes a correction, retraction and or apology to the complainant in the form as prescribed by the Public Editor;
  3. Where a complainant has proven damages, such damages as proven up to a maximum of R25,000.00 (see requirement for damages claims in Form B).
  4. Where applicable, the deposit shall be refunded.
  5. The Public Editor’s decision is final and binding on the parties, subject to section 12 below.
  6. Every ruling shall inform the complainant of their right of appeal
Rules of Appeal
1. Either party may appeal the panel’s decision within 15 business days of receiving the decision.
2. Appeals must be based on specific grounds, such as new evidence, a material error in the decision, or procedural unfairness.
3. The Public Editor will appoint the appeals panel to consider the appeal.
4. The appeals panel may confirm, vary, or overturn the original decision, and its decision will be final.
5. Any party subject to an adverse ruling of the Public Editor shall have a right to apply for leave to appeal the ruling.
6. The application for leave to appeal shall be in accordance with Form C hereto.
7. The application for leave to appeal and the record of proceedings before the public editor shall be referred to the Public Editor Appeals Chair for determination of the application.
8. If leave to appeal is granted, the Public Editor Appeals Chair shall call an appeals hearing at a date to be determined by him/her.
9. At the Appeals hearing;
  1. The procedure shall be informal and as determined by the Public Editors Appeals Chair;
  2. The rules of natural justice shall be followed;
  3. Neither party shall be entitled to legal representation, unless permission therefor is granted, on good cause shown;
  4. The appeal shall be restricted to the facts before the Public Editor.
  5. The Public Editor Appeals Chair may uphold the appeal, vary any ruling of the Public Editor or dismiss an appeal.
Structure of Adjudication and Appeals Panel
1. The Adjudication Panel shall be chaired by 1 member who will be impartial, objective and will not have a direct conflict of interest in the matter adjudicated.
2. The Appeals Panel shall be chaired by 1 member, who will be impartial, objective and will not have a direct conflict of interest in the matter appealed.
3. The Adjudication and Appeals Panels have an obligation to perform their duties in a manner that is in line with the Code of Conduct annexed hereto, along with the Overriding Principles stated in Clause 14 below.
Overriding principles
The rules of procedure shall be applied with the following principles in mind:
1. The procedures contained herein are designed for a quick and inexpensive resolution of disputes relating to publication by the media.
2. Whilst any person wishing to be bound by these rules should be free to do so, the prime purpose is to provide the ordinary readers, including the indigent, of the media publications with an informal forum to complain about breaches of the code.
3. The code and rules of procedure provide a quick alternative dispute resolution system and operate as an alternative to litigation.
Confidentiality and Transparency
1. The Public Editor will maintain the confidentiality of the parties and the details of the complaint during the process, except where transparency is required by law or for the purposes of public accountability.
2. Final decisions, including the names of the parties, may be published by the Public Editor in the interest of transparency, unless there is a compelling reason to withhold such information.
Costs
1. Each party is responsible for its own costs incurred during the complaints process.
2. The Public Editor will not charge a fee for lodging a complaint or for any part of the complaints process.
Record-Keeping
1. The Public Editor will maintain a record of all complaints received, including their outcomes and any remedial actions taken.
2. These records will be retained for a minimum of five years and will be available for review by the Public Editor or relevant oversight bodies.

Form submissions

Forms: