Two actions put press freedom under threat

A Mail & Guardian Online report says the cases will severely test the rights of SA journalists to protect confidential sources of information. The first date, believed to be scheduled for next week, will see Mail & Guardian Online majority shareholder M-Web contesting a subpoena served upon it in terms of section 205 of the Criminal Procedure Act. It confirms that a contempt of court charge has been brought by the state against the Mail & Guardian. The State alleges that the newspaper, after being issued with a ‘gag order’ in late May, did not remove parts of a bank statement from its Web site indicating an R11m payment to the ANC. The subpoena calls upon M-Web to ‘give material or relevant information’ on the alleged offence.

The second court date involves a civil action brought against the Mail & Guardian in July, where Imvume Management is seeking an order from the Johannesburg High Court forcing the newspaper to disclose its sources. Connected to this matter, says a Mail & Guardian Online report, is a dispute regarding the application of FXI, the SA National Editors Forum, the SA branch of the Media Institute of Southern Africa and the Media Workers Association of SA to act as amicus curiae. The organisations intend to present international comparative legal research to back up the fact that source protection, as an instance of freedom of expression, should be recognised in SA law. ‘Imvume has rejected our request for amicus status on the basis that we are working \'hand in glove\' with the M&G and that we will therefore bring nothing new to the case,’ says a spokesperson for the group. ‘We have therefore just applied to the High Court for recognition as amici and this matter will be heard in a few weeks time.’ Full Mail & Guardian Online report