'Problematic' ruling allows Parliament 'to fix' TV feed

South Africans could be denied the right to watch ‘disruptive’ conduct in Parliament in future following a Western Cape High Court ruling yesterday – a decision which an expert has described as 'problematic for democracy'. A report in The Times says that in a majority ruling (a three-judge panel was split 2-1)‚ the court found against a number of media houses and institutions in the case they brought against Parliament about the broadcast feed it provides. The SA National Editors' Forum and the other organisations had argued the rules that bar the provision of video and audio feed of gross disturbance amounted to censorship and was therefore unconstitutional. However, the court found that‚ ‘when a member obstructs or disputes Parliament’s proceedings or unreasonably impairs Parliament’s ability to conduct its business in an orderly and regular manner acceptable in a democratic society‚ that member’s conduct is not legitimate parliamentary business’. It added: ‘Accordingly‚ there is no obligation on Parliament to broadcast conduct that clearly obstructs or disrupts its proceedings and conduct that unreasonably impairs its ability to conduct its business in an orderly and regular manner acceptable in a democratic society simply because such conduct is not legitimate parliamentary business.’ Dealing with the cellphone jamming device used on 12 February‚ the parliamentary statement said the court could not find any blame that could be attributed to Parliament.

Full report in The Times