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The common denominator between media self-regulation and regulation by the state is that there must be some regulation of the media; the fundamental difference between the two mechanisms lies in their perceived objectives. Judge Bernard Ngoepe Press Council SA #ONO

#ONO Press Council SA
The media does not want to be regulated by the state because it fears censorship, whereas the state’s fear is that the media, left alone, would go overboard and should therefore be regulated. Judge Ngoepe

There is only one way to ward off the pressure for state regulation: it is to have an effective and credible self-regulatory mechanism; let us emphasize the words effective and credible. Judge Ngoepe #, ONO Press Council SA

How do we achieve such a mechanism?We need to understand and agree that self-regulation should not be a licence to allow the media to report as they wish. #ONO Press Council SA

People have certain basic rights which must be respected even by the media. Judge Bernard Ngoepe Press Council SA #ONO

In my experience, I have come across articles with flagrant disregard for the rights of the people reported on. I have come across reports based on blatant lies; I have also seen reports which showed bias and ulterior motive. Judge Ngoepe #ONO Press Council SA

There is therefore a need to regulate the media. If we agree on that, and we prefer self-regulation, the question is: How do we put in place an effective and credible self-regulating mechanism? Judge Ngoepe #ONO Press Council SA

First, there must be a clear and good code. It would be wise, in the process of compiling one, to get as much input from the general public as possible, for many reasons. It should aim to be aligned not only with the objectives of the media. Judge Ngoepe Press Council SA #ONO

But what is the point of having a good code, without an effective enforcement mechanism? The effectiveness of an enforcement mechanism lies, some people would say, in how deep it can bite in the event of a breach of the code
Judge Ngoepe Press Council SA #ONO

Champions of state regulation point to the need for stringent sanctions, backed by the might of the state. Judge Ngoepe Press Council SA #ONO

Their criticism of the media’s self-regulation mechanism is that no meaningful sanctions follow. Judge Ngoepe Press Council SA #ONO

Press Council SA #ONO Judge Bernard Ngoepe Yet the public must find the system credible, both in the adjudication process, as well as in the sanctioning of offensive conduct.

It behoves those who make rulings in the enforcement of the code and professional standards, to give full and clear reasons for their decisions. Judge Ngoepe Press Council SA #ONO

These values serve as a point of reference to guide us from the bad towards the good, or even towards the best. I don’t think any school of journalism alone can instil those values in an individual. Judge Ngoepe Press Council SA #ONO

They are, or should be, part of our culture. In the normal course of events, we learn these values from the time we are still young; as we grow, we learn more and more about them in our social environment. Judge Ngoepe Press Council SA #ONO

There is a body of rules of “do’s” and “don’ts” outside of a code. In their purest form, these rules dictate that the lives of Ukrainian and Russian children are equally valuable, just as those of Israeli and Palestinian children are. Judge Ngoepe Press Council SA #ONO

However reluctantly, the person against whom the ruling goes will accept the outcome if the explanation is clear and sound.Important as a code and the mechanism for enforcing it are, they would not be sufficient by themselves. Judge Ngoepe Press Council SA #ONO

The true restraint against offending journalism lies in the values we would have absorbed as humans. Judge Ngoepe Press Council SA #ONO

Judge Bernard Ngoepe Press Council SA #ONO A code cannot by itself instil those values; values such as respect for the dignity of another, and the acceptance of humanity in its totality; that is, respect for others irrespective of their nationality or religion, colour or race.