Sanef turns to Equality Court to stop Julius Malema’s ‘blatant hate speech’

The South African National Editors’ Forum (Sanef) has approached the Equality Court in Gauteng in an attempt to interdict EFF leader Julius Malema and his supporters from threatening journalists.

Sanef wants the court to interdict Malema and his party from:

• Intimidating, harassing, threatening, or assaulting any journalist;
• Publishing personal information of any journalist;
• Expressly or tacitly endorsing the intimidation and harassment of journalists by supporters or followers on social media or on public platforms;
• Expressly or tacitly endorsing the publication of personal information by supporters or followers on public platforms or on social media.

The body, which represents editors and senior journalists from a variety of South African publications, is “seeking the protection of journalists and ultimately of media freedom as a whole in the wake of sustained intimidation and threats against journalists by EFF leader Julius Malema and his supporters”.

“Sanef accepts that the political discourse in SA is robust and that the media may legitimately be criticised on public platforms, yet the social media messages by members of the EFF leadership and its supporters has now crossed the boundaries of professional criticism,” the statement continued.

According to Sanef, these messages amount to “harmful incitement” and are “demeaning and dangerous”.

They say they “didn’t take this decision to institute legal action lightly” and would have preferred the “South African way of resolving disputes around a table”, but went the legal route after attempts at meeting with the party and its leaders were unsuccessful.

The body released a statement in November saying the party had refused to meet with them.

“Although the party agreed to meet with several private companies lately, the EFF has declined to meet Sanef before the national general elections scheduled for May 2019. This has forced Sanef to approach the courts,” the statement said.

The organisation claimed Malema’s utterances had exposed journalists and the media to “abuse, intimidation, harassment, and hate speech”

“Women journalists, in particular, have borne the brunt of an avalanche of insults levelled against them, particularly on social media,” the statement notes.

“Journalists who report critically on the EFF have been called ‘wh*res’, ‘w*tches’, ‘b*tches’, and ‘c*nts’, and calls have been made for them to be raped and attacked by staunch EFF supporters,” it continues.

The organisation said EFF supporters had also called for the killing of journalists, and the party’s “silence” on this “barrage of hatred has been deafening”.

Sanef hopes the court will direct Malema and his party to “publicly denounce the harassment and abuse of journalists and to call on their supporters to cease intimidating and threatening journalists”.

“Sanef is also asking for an apology from Mr. Malema and the EFF to the individual journalists who have been targeted as well as to journalists in general, coupled with a recognition of the constitutionally protected role played by journalists in our society,” the statement continued.

The body said they were “gravely concerned” about the “weaponisation of social media and the chilling effect” this may have in potentially silencing a generation of journalists from reporting on the EFF.

The statement continues to list the proper legal challenges those who are aggrieved by a story should go through, noting that the media is “not beyond reproach”.

“We encourage South Africans to approach the BCCSA, the Press Council, or seek their own legal remedies should they feel that stories published or broadcast about them or their organisations are not accurate and truthful and have not given them a right of reply among other issues.”

Sanef is seeking the protection of journalists and ultimately of media freedom as a whole in the wake of sustained intimidation and threats against journalists by EFF leader Julius Malema and his supporters.

— SANEF (@SAEditorsForum) December 19, 2018

Sanef accepts that the political discourse in SA is robust & that the media may legitimately be criticised on public platforms, yet the social media messages by members of the EFF leadership and its supporters has now crossed the boundaries of professional criticism.

— SANEF (@SAEditorsForum) December 19, 2018

We didn’t take this decision to institute legal action lightly.We believe in the South African way of resolving disputes around a table, but Sanef has been unsuccessful in seeking a meeting with Mr. Malema & other EFF leaders about the remarks which we view as blatant hate speech

— SANEF (@SAEditorsForum) December 19, 2018

Although the party agreed to meet with several private companies lately, the EFF has declined to meet Sanef before the national general elections scheduled for May 2019.
This has forced Sanef to approach the courts.

— SANEF (@SAEditorsForum) December 19, 2018

Although the party agreed to meet with several private companies lately, the EFF has declined to meet Sanef before the national general elections scheduled for May 2019.
This has forced Sanef to approach the courts.

— SANEF (@SAEditorsForum) December 19, 2018

Sanef represents editors & senior journalists from a variety of media outlets.We’ve been outraged by the level of abuse,intimidation, harassment & hate speech hurled at journalists, editors & media professionals at large,in the wake of Mr. Malema's utterances in recent weeks.

— SANEF (@SAEditorsForum) December 19, 2018

Sanef represents editors & senior journalists from a variety of media outlets.We’ve been outraged by the level of abuse,intimidation, harassment & hate speech hurled at journalists, editors & media professionals at large,in the wake of Mr. Malema's utterances in recent weeks.

— SANEF (@SAEditorsForum) December 19, 2018

Women journalists in particular have borne the brunt of an avalanche of insults leveled against them, particularly on social media.

— SANEF (@SAEditorsForum) December 19, 2018

Journalists who report critically on the EFF have been called "whores", "witches", "bitches" and "cunts", and calls have been made for them to be raped and attacked by staunch EFF supporters.

— SANEF (@SAEditorsForum) December 19, 2018

Further calls have been made by EFF supporters for the killing of certain journalists.
The EFF leadership's silence on this barrage of hatred has been deafening!

— SANEF (@SAEditorsForum) December 19, 2018

Sanef has now turned to the courts to ask for protection. We are requesting the Equality Court to interdict Mr. Malema and the EFF from the following (see subsequent tweets on this thread) …

— SANEF (@SAEditorsForum) December 19, 2018

•Intimidating, harassing, threatening or assaulting any journalist;
•Publishing personal information of any journalist;
•Expressly or tacitly endorsing the intimidation and harassment of journalists by supporters or followers on social media or on public platforms;

— SANEF (@SAEditorsForum) December 19, 2018

•Expressly or tacitly endorsing the publication of personal information by supporters or followers on public platforms or on social media.

— SANEF (@SAEditorsForum) December 19, 2018

Furthermore, Sanef has also asked the court to direct Mr. Malema and the EFF to publicly denounce the harassment and abuse of journalists and to call on their supporters to cease intimidating and threatening journalists.

— SANEF (@SAEditorsForum) December 19, 2018

Sanef is also asking for an apology from Mr. Malema and the EFF to the individual journalists who have been targeted as well as to journalists in general, coupled with a recognition of the constitutionally protected role played by journalists in our society.

— SANEF (@SAEditorsForum) December 19, 2018

We remain gravely concerned about the weaponisation of social media and the chilling effect this may have on a generation of journalists who would not want to open themselves up to this level of abuse, by reporting on any EFF related matters.

— SANEF (@SAEditorsForum) December 19, 2018

Through his actions, Mr. Malema and his leadership have made targets of journalists whom they have named and against whom they have called for action. The EFF has created an environment enabling the harassment, intimidation and endangerment of journalists in South Africa.

— SANEF (@SAEditorsForum) December 19, 2018

Sanef remains of the view that should any person, organization or political party feel seriously and genuinely aggrieved by a story, then they should go through the correct channels in addressing their grievances – as the media is certainly NOT beyond reproach!

— SANEF (@SAEditorsForum) December 19, 2018

We encourage South Africans to approach the BCCSA, the Press Council or seek their own legal remedies should they feel that stories published or broadcast about them or their organisations are not accurate and truthful and have not given them a right of reply among other issues.

— SANEF (@SAEditorsForum) December 19, 2018

Our full set of court papers are available on request.

— SANEF (@SAEditorsForum) December 19, 2018