Independent Media’s Public Editor Press Code

Preamble

Independent Media is committed to ensuring that news is reported accurately, opinions are based on fact and honestly motivated, and reportage respects the vulnerable in society while upholding the laws of South Africa and the Constitution. In line with this, Independent Media, its editors, and journalists in both print and digital media adhere to the following code of conduct:

Section 16 of the Bill of Rights states:

  1. Everyone has the right to freedom of expression, including:
    1. Freedom of the press and other media;
    2. Freedom to receive and impart information or ideas;
    3. Freedom of artistic creativity;
    4. Academic freedom and freedom of scientific research.
  2.  The right in subsection (1) does not extend to:
    1. Propaganda for war;
    2. Incitement of imminent violence;
    3. Advocacy of hatred based on race, ethnicity, gender, or religion, which constitutes incitement to cause harm.

The media hold these rights in trust for the citizens of the country and are bound by the same rights and responsibilities as individuals. It is the duty of everyone—the media, the public, and the government, who together form the democratic state—to protect and advance these rights, honouring the struggles that brought them into existence.

The media’s work is consistently guided by the public interest, which refers to information that is legitimately important or relevant to citizens.

As journalists, we pledge to uphold the highest standards, ensuring our credibility and maintaining the public’s trust. This commitment involves a relentless pursuit of truth, minimizing harm whenever possible, representing a diversity of voices in our coverage, showing particular care for children and other vulnerable groups, respecting the cultural customs of our readers and the subjects of our reporting, and maintaining our independence.

Application of the Press Code

  1. This Code applies to the following content published by members:
    1. all content that is published in a printed edition;
    2. all content that is published on a website operated by a member;
    3. all content that is published on a social media account operated by a member and;
    4. all content that is created by a member and published on any platform that is available on the world wide web (i.e. online) or in digital format.
  2. All content published by a member through one or more of the platforms mentioned in section 1 must comply with the Code, regardless of whether the content is in written, video, audio, pictorial or any other form.
  3.  Members must ensure that when they share content created by a third party through their social media accounts (for example by retweeting) they do so in a manner that is compliant with this Code. 
  4. Members must develop their own social media policies, guided by this Code.

Chapter 1: Media-Generated Content and Activities 

  1. Gathering and Reporting of News
    1. Journalists and the media shall at all times uphold the laws of South Africa.
    2. Any act of publication that is unlawful and actionable in a court of law shall be a contravention of this code.
    3. This code shall be interpreted in accordance with legal precedent.
    4. Report news truthfully, accurately, and fairly.
    5. Present news in context and ensure balanced reporting without distortion, exaggeration, or misrepresentation.
    6. Clearly differentiate between fact, opinion, allegations, and speculation.
    7. Obtain news legally, honestly, and fairly, unless public interest justifies otherwise.
    8. Use personal information strictly for journalistic purposes.
    9. Identify as journalists unless public interest or safety dictates otherwise.
    10. Verify the accuracy of information, especially if it is doubtful; if verification is not possible, this must be clearly stated.
    11. Seek the views of subjects of critical reportage prior to publication whenever practical, affording them reasonable time to respond.
    12. Clearly indicate when information is limited and provide updates as new information becomes available.
    13. Promptly correct inaccuracies with appropriate prominence across all platforms where the content was published, including social media.
    14. Indicate prominently when online content has been amended or when a retraction or apology has been issued.
    15. Not be obliged to remove non-defamatory content.
    16. Strictly prohibit plagiarism.
  2. Accuracy
    1. The media will not publish inaccurate, misleading or distorted information.
    2. When publishing opinions, the Public Editor shall require that the opinions are based on fact and are honestly held.
    3. Articles must distinguish clearly between comment, conjecture and fact.
  3. Right to Reply
    1. Anyone who is the subject of critical reportage should be given an opportunity to reply, 
    2. unless there is good cause not to.
    3. When offering a right of reply, the Public Editor will act swiftly and fairly, providing a reasonable timeframe for the subject to respond before publication. This ensures that all sides of a story are considered and that reporting remains balanced and thorough.
    4. The Public Editor reserves the right to exercise editorial discretion in deciding the length, placement, and timing of the reply. The reply must be relevant to the content of the original article and must adhere to the same standards of accuracy and decency expected of all published material.
    5. The Public Editor may decline to offer a right of reply if:
      1. The subject’s response is vexatious, defamatory, or otherwise unlawful.
      2.  The subject has previously been given a fair opportunity to reply and declined to do so.
      3. The reply would unduly delay publication, causing the story to lose its news value or relevance.
      4. The content of the reply does not meet the Public Editor’s editorial standards, including accuracy and respectfulness.
  4. Independence and Conflicts of Interest 
    1. Maintain editorial independence and avoid any influence from commercial, political, personal, or other non-professional considerations. 
    2. Avoid conflicts of interest and practices that could compromise the media’s independence and professionalism.
    3. Disclose any external contributions to newsgathering costs.
    4. Ensure that editorial material is clearly distinct from advertising and sponsored content.
  5. Protected comment 
    1. Opinion pieces must be clearly labelled as such and be protected under the principle of protected comment. These opinions, while honestly held, should not be held to the same stringent fact-checking standards as investigative journalism or expert analysis, provided they are presented without malice and are reasonably based on available information.
  6. Privacy, Dignity, and Reputation 
    1. People’s privacy shall not unreasonably be invaded.
    2. Exercise care and consideration in matters involving individuals’ private lives, with privacy rights overridden only by legitimate public interest.
    3. Respect South African cultural customs concerning privacy and dignity, especially regarding the bereaved, children, the elderly, and the disabled.
    4. Protect the dignity and reputation of individuals, overriding this protection only when the public interest justifies it and the facts reported are substantially true, or when the reportage constitutes protected comment, or when the information is a fair and accurate report of court or other official proceedings.
    5. Without limiting the general rule, the media shall not:
      1. Publish details of a person’s health, family life, home or communications without that person’s consent.
      2. Enter into private homes or offices, unless the consent of the occupier is obtained.
      3. Publish or take photographs of persons other than those taken in public, or with their consent.
      4. Where there is personal grief or shock, journalists and editors shall handle subjects with the necessary consideration including in the publication relating thereto.
  7. Data Protection 
    1. Take reasonable steps to protect personal information from misuse, loss, or unauthorized access. 
    2. Amend inaccuracies in published personal information upon request.
    3. Notify affected individuals and take steps to mitigate harm if unauthorized access to personal information is suspected.
    4. Use and disclose personal data only for legitimate journalistic purposes.
  8. Discrimination and Hate Speech 
    1. Avoid discriminatory or denigratory references based on race, gender, sexual orientation, or other status, unless strictly relevant to the matter reported and in the public interest. 
    2. Balance the right to report on public interest matters against the obligation to avoid propaganda for war, incitement of violence, or hate speech.
  9. Advocacy 
    1. Strongly advocate views on controversial topics, provided that the distinction between fact and opinion is clear and that relevant facts are not misrepresented or suppressed.
  10. Children 
    1. A child is defined as any person under the age of 18.
    2. Whenever a picture of a child is to be published it shall be done taking the Constitutional rights of the child into account.
    3. Whenever the identity of a child is disclosed, whether pictorially or in print –
    4. The statutory restrictions on the naming or identification of children shall be observed and adhered to.
    5. The interests of the privacy and the reputation of the child shall be considered and, where necessary, protected.
    6. The permission of the parent or guardian of any child shall be sought in all cases where the identity of the child is to be disclosed.
    7. Even if the parent or guardian consents to disclosure of identity of a child, Independent Media shall exercise a cautious discretion, if it may be harmful to the child to publish the identity of the child.
    8. When it is editorially necessary to publish a picture of a child, which is potentially harmful to such child, the identity of the child shall be obscured in such a manner that   the child cannot be recognised. In this regard the face of the child shall be blurred or “pixelated” completely.
    9. When it is editorially necessary to publish pictures of children that are involved in sexual or simulated sexual activity, such as to draw the public’s attention to the existence of abhorrent practices, such pictures shall be done in an informative manner and not in a manner that could be deemed as being intended to be erotic.
    10. No picture of children depicting nudity (other than pictures anticipated in terms 10.10 above) shall be published.
  11. Means of obtaining evidence
    1. Where a person is interviewed or questioned for the purpose of publication, the interviewee shall be clearly informed that he or she is being interviewed with a view to   publish the information disseminated and only with the interviewee’s agreement.
    2.  If information is gathered from previously published material, the publication must be credited and it shall only be published if lawful.
    3. The media shall not obtain evidence or publish information that has been obtained:
      1. by clandestine methods, or
      2. by intercepting private communications, or
      3. by the unauthorised removal of documents.
  12. Victims of crimes
    1. A victim of a sex crime shall not be named, unless he or she specifically consents.
    2.  If the victim of a sex crime is a minor, his or her identity shall never be disclosed, unless he or she specifically consents after reaching the age of majority.
    3. No information that may lead to the identification of the victim of a sex crime may be published.
    4. Where the victim of any other crime is a minor the principles when dealing with children generally shall apply.
    5. Victims of crime shall be treated with compassion, both when interviewed and in the publication.
  13. Violence and Graphic Content 
    1. Exercise due care when presenting brutality, violence, and suffering, avoiding the promotion or glamorization of violence. 
    2. Include warnings for content that is graphic and inappropriate for certain audiences, especially children.
  14. Headlines, Captions, Posters, Pictures, and Video/Audio Content
    1. Ensure that headlines, captions, and posters accurately reflect the content they represent. 
    2. Avoid manipulating pictures and video/audio content in a way that misleads or misrepresents the facts.
  15. Confidential and Anonymous Sources 
    1. Sources of information shall be clearly identified and named in articles, unless paragraph 15.2 below applies.
    2. Where a source specifically asks for confidentiality, the source shall not be identified and Independent Media shall protect the confidentiality as far as possible.
  16. Money
    1. Journalists must not use information discovered for the purpose of publication for their own financial benefit.
    2. Articles published on companies, investment products or shares in which the journalist or publisher has an interest should disclose the journalist’s or publisher’s financial interest.
  17. Conflict of interest
    1. Conflicts of interest must be avoided.
  18. Submission of Complaint
    1. A complaint shall be made as soon as possible, by no later than 30 working days after the date of publication giving rise to the complaint. The Public Editor, who throughout the entire process will advise and assist the complainant if the complainant agrees, may on reasonable grounds accept late complaints if, in his or her opinion, there is a good and satisfactory explanation for the delay.
  19. Sources
    1. Sources relating to media articles, especially those of a sensitive nature, shall not be revealed in the absence of a court order.
    2. Where the Public Editor requires a source to be revealed, such a source will be only revealed to the Office of the Public Editor in so far as the investigative process is concerned, and the relevant source shall be redacted, or omitted in the published ruling, to protect the source from potential prejudice.
    3. Journalists are entitled to protect their sources in a manner that aligns with the principles of a higher journalistic integrity but not in a manner that defeats the ends of justice.”

Chapter 2: User-Generated Content and Activities

  1. Principles
    The media:
    1. Are not obliged to pre-moderate all user-generated content (UGC).
    2. A UGC policy, aligned with the South African Constitution, shall govern the moderation and/or removal of UGC.
    3. May remove UGC in accordance with its policy.
    4. The UGC policy shall be publicly available and include:
      1. The authorization process for users, if any.
      2. Prohibited content guidelines.
      3. A mechanism for the public to report prohibited content.
      4. Notices should be placed on platforms to discourage prohibited content.
      5. UGC should be clearly labelled as such, with a disclaimer that it does not necessarily reflect the views of Media.
  2. Prohibited Content 
    1. Prohibited content is as defined by the UGC policy and Section 8.2 of this Code, which aligns with Section 16 of the Bill of Rights.
  3. Defence 
    1. The media can defend itself by showing that it did not author or edit the UGC complained of. 
    2. Upon receiving a written complaint about UGC, Independent Media must either:
      1. Remove the UGC promptly and notify the complainant; or 
      2. Decide not to remove the UGC and notify the complainant, who may then escalate the complaint to the Press Ombud.

Chapter 3: Sanctions

  1. Sanctions for Journalists 
    1. Journalists found to have breached this Code may face sanctions, including but not limited to: 
      1. Warnings or reprimands. 
      2. Suspension or termination of employment.
      3. Requirement to issue public apologies or corrections.
      4. Mandatory retraining on ethical journalism practices.
      5. Sanctions will be determined based on the severity of the breach and its impact on the public trust and the integrity of the Public Editor.
    2. This Press Code is designed to protect the integrity and independence of the Media while ensuring that journalism adheres to the highest ethical standards.

© 2023 Office of the Group Ombud – Independent Media
All rights reserved.