South African President Jacob Zuma's government has proposed a 'protection of information' bill that reporters fear will limit press freedom. (Dave Chidley/Canadian Press)South African President Jacob Zuma's government has proposed a 'protection of information' bill that reporters fear will limit press freedom. (Dave Chidley/Canadian Press)

South African journalists are finding themselves increasingly at odds with their own government over two proposals that have the potential to limit press freedom.

The ruling African National Congress has proposed a Media Appeals Tribunal with power to discipline journalists who engage in what the party calls unethical behaviour.

Parliament also is debating a "protection of information" bill that would impose restrictions on access to government information and punishment of up to 25 years in prison for those who violate the law.

The Media Appeals Tribunal, an idea that has yet to be adopted by the ANC or to go before Parliament, would be staffed with politicians. Some ANC politicians have proposed that the tribunal have the authority to impose jail time for journalists who go too far in reporting scandals.

The protection of information bill is already at the committee stage in parliament. It would set rules for those who reveal state secrets — and leave it up to politicians to decide what should be defined as a secret.

Anton Harber, a former newspaper editor and the current director of the journalism program at the University of the Witwatersrand in Johannesburg, says the measures are opposed by journalists and other writers throughout South Africa.

"The implications are that there's a clampdown on the extraordinary freedom of expression we've had in this country since 1994," Harber said in an interview with CBC's Q cultural affairs show. "[There's] fear of giving that kind of power to parliament and to politicians to oversee media conduct."

'The media are playing a very strong watchdog role and exposing a number of cases of bad government and misuse of funds.'— Anton Harber

Harber concedes that some journalists have gone too far and written scandalous information about members of Jacob Zuma's government without verifying the information. Erroneous stories have appeared, and editors have been reluctant to recant, he said.

Proposed law aimed at protecting politicians

However, the government has also been embarrassed by a series of revelations of corruption by ethical, crusading journalists, he said.

"It comes in the context of we have a very strong ruling party that doesn't get much criticism from the opposition, and the media are playing a very strong watchdog role and exposing a number of cases of bad government and misuse of funds," Harber said.

"There's a fear that they're trying to stop exposés."

The ANC says it is trying to protect the public good.

Political cartoonist Jonathan Shapiro, who draws under the name Zapiro and has been sued twice by President Zuma, is skeptical.

"I cannot see how they can make the point that there is any merit for the public," he told CBC.

"The protection of information bill is designed to protect people whose noses are at the trough and doing wrong things."

South African journalists established a Press Council 18 months ago in an effort to encourage a code of ethics among members.

It has been thrown into turmoil by the laws proposed by Zuma's government and now hesitates to investigate complaints against reporters for fear it will bolster the ANC's case against the media.

Harber said the measures proposed do not come close to the control imposed by the former apartheid-era governments.

"I don't think comparison with apartheid-level persecution is helpful," he said. "We now have bill of rights and constitutional court. So we have tools to protect ourselves."

Prominent South African writer Nadine Gordimer and supporters such as Andre Brink are circulating a petition against Zuma's policies.