The Johannesburg Press Club welcomed the ANC’s decision to extend the deadline for the Protection of Information Bill until 23 September 2011 as well as the proposed amendments to the bill announced by ANC MP, Luwellyn Landers.
“The committee’s intention to spend more time considering the bill and the proposed amendments go some way towards relieving concerns about the negative implications this bill will have on our democracy,” said Johannesburg Press Club Chairperson, Clare van Zwieten.
The proposed amendments limit the authority to classify information to state security services; allow for the appointment of a retired judge as an independent appeal authority to resolve disputes; and remove minimum prison sentences for disclosing state secrets and ensure that penalties for releasing a state secret are proportional to any harm caused. These proposals reduce the power of the proposed legislation somewhat and should help to prevent it from being used by government structures to cover-up corruption and incompetence.
“However, while welcoming these steps, the Johannesburg Press Club would like to express its continued dismay that the proposed amendments do not deal with the crucial issue of exempting whistleblowers and journalists who release classified information deemed to be in the public interest from prosecution,” said Van Zwieten.
It is essential that provision be made in the legislation for the disclosure of classified information which is in the public interest. Examples of information that would be deemed to be in the public interest include exposing serious criminal behaviour and/or maladministration in government. Determination of whether the public interest justifies the disclosure of the classified information should be left to the justice system which should also be responsible for deciding on the penalties.
The Johannesburg Press Club would like to take this opportunity to commend the organisers of the Right2Know Campaign for the work they have done in co-ordinating opposition to the Protection of Information Bill and for providing civil society and ordinary South Africans with the opportunity to unite against a bill which threatens our hard won democracy.
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