Season 1 of media law podcasts now complete: Publish responsibly

posted in Defamation, Disinformation, Fact v opinion, Fair comment, Fake news, Freedom of expression, Media law, Musings on Media, Podcast on by

All five of our media law podcasts have now been uploaded.  You will find episode 5 here.

It is one of my favourites.  To properly understand the case we discuss – where two veteran journalists sued the Economic Freedom Fighters (EFF), and won – you need to go back over 30 years.  My guests are the journalists who brought the case – Thandeka Gqubule-Mbeki and Prof Anton Harber, accused by the EFF of being Stratcom agents.  Read the case before you listen to the podcast here.

For the full season 1 podcasts, you can find links in my blogs below.  Or if you prefer, search for “Webber Wentzel Legal Insights” wherever you get your podcasts (Apple, Google, Spotify).  You will find them easily (and other interesting podcasts from Webber Wentzel, eg the impact of COVID19 on the tech sector).   You can access the Spotify podcasts here.

 

 

 

 

Democratic Alliance v African National Congress – The Nkandla SMS case

posted in Defamation, Electoral Act, Fact v opinion, Fair comment, Freedom of expression, Media law on by

Ben Winks and I penned an article for the Mail & Guardian last week on the Constitutional Court’s complex and important case involving the DA’s pre-election SMS.  You can read the case here.

Our M & G article, “SMS ruling muddies the waters”, is here.

You’ll see we argue that the minority judgment of Zondo J is right on the facts (so the ANC should have won), and the concurring majority judgment of Van der Westhuizen J is right in principle.  We love the writing and sentiments expressed in the majority judgment of Cameron, Froneman and Khampepe JJ, but we think they got the case wrong on the facts.  However, there are some important and welcome implications of the majority judgment for media law, which I’ll explore in a later blog.