Controversy over DA ad smoulders on as SABC pulls flag commercial
The Freedom of Expression Institute has expressed concerns over the SABC banning the airing of the Democratic Alliance's election campaign ad showing the burning of the South African flag.
Picture: Zaian via Wikimedia Commons
Africa Melane speaks to Samkelo Mokhine of the Freedom of Expression Institute (FXI).
Listen to their conversation below.
Love it, hate it, or feel indifferent to it, the DA's controversial 'flag burning' advert is certainly doing what it was intended, in part, to do.
Conversations around the ad smoulder on, the latest around the SABC's decision not to flight it.
DA leader John Steenhuisen has confirmed the broadcaster has written to the DA saying that they are banning the advert.
Mokhine says the decision to pull the ad limits the constitutionally protected right to free expression.
Under the Constitution, any right conferred by it may only be limited 'in terms of law of general
application' - meaning the law must be applied equally, and must not be arbitrary or aimed at specific individuals.
"In this case...there isn't any law of general application. There isnt a criminal law that criminalises the banning of the flag. It's merely relying on the opinions of the ruling party and the executives at the SABC."
Samkelo Mokhine, Executive Director - Freedom of Expression Institute
Mokhine says that even public outrage, of which there has been plenty in respect of the ad, does not justify the refusal to flight the advert by the public broadcaster.
"The issue is, that even at Constitutional Court level, there was an acknowledgment that there would be things...that are probably unpatriotic, disgusting, that people don't approve of."
Samkelo Mokhine, Executive Director - Freedom of Expression Institute
FXI has joined other media watchdogs in slamming the decision by the SABC.
The Campaign for Free Expression, Media Monitoring Africa and the SOS have issued a joint statement in which they say that while the burning of the flag is 'deeply offensive', it is in moments where there is disagreement 'that freedom of expression needs to be protected'.
"We're hoping the SABC may seek advice and reverse the decision."
Samkelo Mokhine, Executive Director - Freedom of Expression Institute
Steenhuisen has said of the banning:"I think it’s a terrible indictment on freedom of political speech and what is telling people about their government, so we are going to fight this now all the way to the Constitutional Court."
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