Constitution of Independent Media’s Public Editor.

Preamble:

  • Affirming that the South African Constitution and Bill of Rights enshrine freedom of expression, including freedom of the press, as fundamental to democracy;
  • Recognizing that ethical journalism plays a critical role in fulfilling the democratic vision;
  • Acknowledging South Africa’s commitment to the 2019 Declaration of Principles on Freedom of Expression and Access to Information in Africa, adopted by the African Commission on Human and Peoples’ Rights, which, in Principle 16, states: “States shall encourage media self-regulation that is impartial, timely, cost-effective, and promotes high standards in the media”;
  • Asserting that the press exists to serve the public, and that self-regulation gains strength through the active involvement of the public in a co-regulatory process;
  • Accepting that a co-regulatory framework, exclusively involving both the press and the public, will elevate journalistic integrity and ethical practices; and
  • Recognizing that South African law permits alternative dispute resolution mechanisms. 
  1. Establishment of the Ombud
    1. The Office of The Public Editor Is an independent, impartial institution with the authority and responsibility to receive, investigate or informally address complaints about content published in all publications belonging to Independent Media, and, when appropriate, make findings and recommendations, and publish reports.
    2. It is an institution that works for the resolution of particular issues and, where appropriate, makes recommendations for the improvement of the general administration of the publications over which it has jurisdiction.
    3. The core values of the Office of the Public Editor are:
      1. The highest form of ethical journalism.
      2. Independence.
      3. Accessibility, fairness, accountability, impartiality and effectiveness.
  1. Powers and functions
    The Public Editor shall:

    1. Have the power to consider and decide on any matter arising from this Constitution or the functioning of any office appointed in terms of this Constitution;
    2. Perform all such acts and do all such things as are reasonably necessary for or ancillary, incidental or supplementary to the achievement, pursuit, furtherance or promotion of the objects and principles contained in this Constitution, the Press Code, Complaints Procedures or any function considered necessary by the Public Editor;
    3. Endeavour to collaborate with similar or like-minded organisations in South Africa to ensure that a cost-effective voluntary independent mediation and arbitration process is available to deal quickly with complaints from the public about journalistic ethics and conduct.
  1. Independence, Accessibility, Fairness, Public Accountability, Effectiveness and Impartiality
    1. Independence
      1. The Office of The Public Editor is free from interference in the legitimate performance of its duties and independent from control, limitation, or a penalty imposed for retaliatory purposes by Independent Media.
      2. The Office of The Public Editor is immune from liability for acts performed in good faith under the law.
      3. The Public Editor and any of the Panel Members may not be subpoenaed by either of the parties to a dispute to testify in any subsequent court action.
  1. Accessibility
    1. The Office of The Public Editor seeks to ensure that readers of Independent Media titles and general members of the public are aware of its existence through promoting its existence in the media, by other means and by producing readily available material in simple terms explaining:
      1. How to access the institution;
      2. How the institution works;
      3. The major areas with which the institution deals; and
      4. Any restrictions on the institution’s powers.
      5. How the institution provides appropriate facilities and assistance for disadvantaged complainants and those with special needs.
      6. That some complainants will be obliged to pay a fee. These categories of complainants and the conditions that apply, are published in the Complaints Procedure.
      7. That the institution’s processes are simple for complainants to understand and easy to use.
      8. The institution discourages the use of legal representatives before the Public Editor except in special circumstances.
  1. Effectiveness
    1. The Office of The Public Editor will follow informal and cost-effective procedures and will have sufficient human, financial and operational resources, to enable the Office to conducts inquiries and investigations in an effective and timely manner.
    2. The Office of The Public Editor may recommend clarification, amendment, or initiation of Independent Media policies and regulations or remedial action to address any systemic issue identified by the Public Editor.
    3. Before the Office of The Public Editor commences an investigation, the complainant should have first exhausted the internal complaints procedures of the publication complained against.
    4. Impartiality in Conducting Inquiries and Investigations
      1. The Office of The Public Editor will conduct inquiries and investigations in an impartial manner, free from the bias and conflicts of interest.
      2. The Office of The Public Editor is not an advocate for any individual or group.
      3. Impartiality does not preclude the Office of The Public Editor, after an investigation has been conducted, from developing an interest in securing changes that are deemed necessary or advocating for recommendations that would benefit the public and reduce future complains.
      4. The Office of The Public Editor or any member of the Public Editor’s staff will not personally deal with a complaint brought by a party known to him or her.
  1. Structures and Officers of the Public Editor
    The Public Editor shall establish and maintain the following mechanisms:

    1. Complaints Procedures:
      1. The Public Editor shall establish a procedure to deal with complaints against the Publications and Members (“The Complaints Procedures”), providing a non-statutory avenue for the mediation and arbitration of complaints.
      2. The Publications and Members are thus subject to the Press Code and to the jurisdiction of the Public Editor’s Complaints Procedures, both of which may be amended from time to time by the Public Editor.
      3. The structure and offices administering the Complaints Procedures, namely the Public Editor, the Panel of Adjudicators and the Chair of Appeals, shall act independently.
      4. Where a complaint is made against a publication or a journalist producing editorial content for a publication, the Public Editor may approach the publication or individual to establish whether they subscribe to the principles of the Press Code and invite them to subject themselves to the jurisdiction of the Public Editor for the purpose of adjudicating the complaint.
      5. In the event that the publication or the journalist producing editorial content for a publication refuses to join the Public Editor or to submit to the jurisdiction of the Public Editor, the Public Editor shall advise the complainant and, where appropriate, refer them to an alternative dispute resolution process.
      6. The questions, concerns and complaints of readers will be treated equitably and consistently in a courteous manner.
  1. Limitations of the Office of the Public Editor
    1. The Office of the Public Editor shall not:
      1. Accept jurisdiction over an issue that is currently pending in or has been disposed of in a legal forum.
      2. Accept jurisdiction over an issue that the publication complained against has not had the reasonable opportunity to resolve.
      3. Act in a manner inconsistent with the grant of and limitations on the jurisdiction of the office when discharging the duties of the Public Editor.
  1. Conflict of interest and disclosure
    1. Panel Members should disclose any interest or relationship that is likely to affect their impartiality or which might create a perception of partiality. The duty to disclose rests on the Panel Member.
    2. Panel Members adjudicating in any matter should, before accepting, disclose directly to the Office of The Public Editor:
      1. any direct or indirect financial or personal interest in the matter; and
      2. any existing or past financial, business, professional, or social relationship which is likely to affect impartiality or may lead to a reasonable perception of partiality or bias.
      3. A complainant or representative of a respondent entity is known if the complainant is a friend, acquaintance, family member, relative or someone that an official has had dealings with outside the office
    3. A Panel Member may not be impartial in handling a complaint if the member or their immediate family:
      1. Is indebted to a complainant;
      2. Holds directly or indirectly, through a trust or otherwise, any financial interest in a complaint or complainant;
      3. Is a member of the governing body or is an officer of the complainant.
  1. Tenure and remuneration
    1. The Office of The Public Editor is appointed at a suitably senior level for a non-renewable fixed term of three years.
    2. The appointment of the Panel Members must not be subject to premature termination, other than for incapacity or misconduct or other good cause.
    3. Any violation of this code constitutes grounds for termination
  1. Removal from office
    1. Good cause may include bias, neglect of duty, misconduct, or inability to perform duties through incompetence or ill health.
    2. The decision to dismiss the Public Editor should be taken after due process is followed.
    3. The Public Editor may not be dismissed for making decisions that are unpopular with Independent Media, an entity over which it exercises jurisdiction, or with consumer or political groupings or other media groups or formations.
  1. Confidentiality
    1. Members of staff and Panel Members must honour the confidential nature of the work performed at Office of The Public Editor at all times. Officials may not divulge confidential information obtained in the course of their employment.
    2. Members of staff and Panel Members must safeguard any information about complainants and entities complained against.
    3. Members of staff and Panel Members may only use information obtained from entities complained against and complainants for the purpose of investigating or processing complaints or to assist a complainant with an enquiry.
    4. Any other use of the information or documents is not permitted.
    5. Information obtained during the processing or handling of a complaint may only be disclosed to the parties to the complaint, with the exception of information used for statistical purposes or with the explicit permission of the parties or as required by law.
    6. Members of staff and Panel Members may not take any action or obtain any interest, property or benefit as a result of the improper use of confidential information obtained from any matter that is lodged with the office, or obtained as a result of knowledge gained in the course of their employment.
    7. No documents or information in the office may be used by any member of staff for any improper use.
    8. Members of staff and Panel Members should at all times take steps to protect and enhance the reputation of the office and its officials. The content of any public presentations being made by officials must be approved by the Public Editor prior to such official agreeing to make such a presentation.
    9. No official may disclose any information about or express any view regarding any matter dealt with by the Public Editor or anything pertaining to the operations of the Public Editor to the media unless specifically authorised to do so by the Office of The Public Editor.
    10. All communications with other media should be mindful of upholding the integrity and dignity of the Public Editor.
  1. Breach of code
    1. Any breach of this code, or any rule or procedure based thereon, will be viewed in a serious light, and officials committing such breach will be subject to disciplinary action. Officials who become aware of a breach of this code are required to immediately bring such breach to the attention of The Office of The Public Editor, who must deal with it promptly and equitably and with due regard to confidentiality.
© 2023 Office of the Group Ombud – Independent Media
All rights reserved.