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Reporting On Gender-Based Violence: A Guide For Journalists and Editors (2017)

This guide was created by Sonke Gender Justice in collaboration with Health-E News. The purpose thereof is to provide guidance for journalists and editors who are reporting on issues of GBV to do so in a sensitive and respectful manner and in line with the South African Code of Ethics.
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0% found this document useful (0 votes)
416 views56 pages

Reporting On Gender-Based Violence: A Guide For Journalists and Editors (2017)

This guide was created by Sonke Gender Justice in collaboration with Health-E News. The purpose thereof is to provide guidance for journalists and editors who are reporting on issues of GBV to do so in a sensitive and respectful manner and in line with the South African Code of Ethics.
Copyright
© Attribution (BY)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Reporting on

Gender-Based Violence:
A Guide for Journalists and Editors
Cape Town Office: Cape Town Office:
2nd Floor Westminster House 22 Draper Square
122 Longmarket Street Draper Street
Cape Town Claremont
8001 7735
T: 021 423 7088 T: 021 788 1931

Johannesburg Office: Johannesburg Office:


3rd Floor Stevensons Building Office 5, 1st Floor
62 Juta Street B2 House
Braamfontein 8 Tyrwhitt Avenue
2017 Rosebank
T: 011 339 3589 2196
T: 011 880 0995
Bushbuckridge Office:
Agincourt Health Centre Email Address:
Bushbuckridge Local Municipality [email protected]
Mpumalanga
T: 013 795 5076 Web:
www.health-e.org.za
Email Address:
[email protected] Facebook:
https://www.facebook.com/HealtheNewsSA/
Web:
www.genderjustice.org.za Twitter:
@HealtheNews
Facebook:
http://www.facebook.com/SonkeGenderJusticeNGO

Twitter:
@SonkeTogether

November 2018 (First edition July 2017) Acknowledgements:


Suggested citation: Sonke Gender Justice and • Sonke Gender Justice staff for their gender-
Health-E News. (2017). Reporting on Gender-Based based violence expertise and ideas during the
Violence: A Guide for Journalists and Editors. Sonke planning phases of this Guide.
Gender Justice and Health-E News, Cape Town: • Rebecca Davis, Wessel van den Berg, Kerry
South Africa. Cullinan, Fatima Schroeder, Gill Gifford, and Mia
This work is licensed under a Creative Commons Malan, for their case study contribution.
Attribution 4.0 International License©.
Written by: Marike Keller Supported by grants from the Australian High
Input by: Karen Robertson, Gadeeja Abbas, Commission, Norad and the UK Department for
Ariane Nevin, Zia Wasserman, Nabeelah Mia, and International Development.
Marlise Richter from Sonke Gender Justice, and Gill
Gifford, Kerry Cullinan and Kim Harrisberg from
Health-E News.
Table of Contents
Abbreviations 2
Why the Need for a Guide to Reporting on Gender-Based Violence? 3
How to Use this Guide 4
Useful Definitions 5
Understanding Gender-Based Violence 7
Types of Gender-Based Violence 7
Data on Gender-Based Violence in South Africa 8
The Importance of Context 10
Rape Culture 12
Myths and Facts about GBV 14
Why Some GBV Survivors Don’t Report 16

The Importance of Language 18


Checklist when Reporting on Gender-Based Violence 20
Working with News Editors 22
Tips for Interviews 24
HOW TO

Before an Interview 24
During an Interview 26
After an Interview 27
Interviewing Children 28
Broadcasting Interviews 29
Types of Questions to Ask 31

Remedies for Unfair Treatment by the Media 32


PUBLIC USE

Publication 32
Broadcasting 33
Social Media 33

Conclusion 34
Appendix A: Sample Informed Consent Form Before an Interview 35
Appendix B: Further Definitions 36
Appendix C: Rights of a Survivor 37
Appendix D: Referrals 38
National Helpline Numbers 38
Thuthuzela Care Centres 38
Appendix E: Expert Organisations 41
Appendix F: Code of Ethics and Conduct for South African Print and Online Media 43
Appendix G: How to Lodge a Complaint with the Press Council 49
Appendix H: How to Lodge a Complaint with the Broadcasting Commission 50
Abbreviations
GBV: Gender-Based Violence
IPV: Intimate Partner Violence
DV: Domestic Violence
VAW: Violence Against Women
LGBTQIA: Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual
SAPS: South African Police Service

Creative handling of a sensitive


story can not only retain the
dignity and respect of those
involved, but can be used as a
powerful tool to effect change."
- GILL GIFFORD, HEALTH-E NEWS EDITOR
Why the Need for a Guide to
Reporting on Gender-Based
Violence?
Rates of gender-based violence (GBV) in South the potential of the mainstream media to affect
Africa are staggeringly high, with a recent the way that we think, understand and talk
study in 2016 by StatsSA1 indicating that one about violence within our communities.
in five partnered women have experienced
physical violence in the 12 months prior to the It is important for journalists to write about
survey. GBV to break the silence around violence,
and do so in a way that is responsible
and educational. Yet, regrettably, some
In developing this guide, it is publications report on GBV insensitively and
understood that journalists and inaccurately, thereby sensationalising incidents
editors work under immense pressure, of GBV and fuelling secondary victimisation of
survivors (see Useful Definitions).
and that at times it may feel that
ethics should take a backseat when This guide was created by Sonke Gender
reporting on a big story. Yet we ask Justice in collaboration with Health-E
News. The purpose thereof is to provide
that journalists and their editors guidance for journalists and editors who
hold this guide in mind and ensure are reporting on issues of GBV to do so in
that they report in a way that is in a sensitive and respectful manner and in
the best interests of the survivors line with the South African Code of Ethics2
(see Appendix F). The guide was developed
whose stories are being told. with the acknowledgement of the media’s
power to inform and influence the public’s
Still, GBV remains largely hidden and understanding of GBV.
consigned to the private sphere, thus
In developing this guide, it is understood that
diminishing the public discussions about
journalists and editors work under immense
violence. The media has an important role to
pressure, and that at times it may feel that
play in shining a light on what has until now
ethics should take a backseat when reporting
remained silent and to change this perception
and to reshape the conversations to galvanize on a big story. Yet we ask that journalists and
action for change. their editors hold this guide in mind and ensure
that they report in a way that is in the best
With the increase in reporting on cases of GBV interests of the survivors whose stories are
in the media in recent months, we have seen being told.

1 Stats SA (2017). South Africa Demographic and Health Survey 2016: Key Indicator Report. Available at: http:// www.
statssa.gov.za/publications/Report%2003-00-09/Report%2003-00-092016.pdf.
2 Press Council of South Africa. Code of Ethics and Conduct for South African Print and Online Media. Available here:
http://www.presscouncil.org.za/ContentPage?code=PRESSCODE.

A Guide for Journalists and Editors 3


How to Use this Guide
This guide provides you with helpful guidelines when reporting on GBV and pointers on how
to avoid common pitfalls.

IN THIS GUIDE YOU WILL FIND:


a Useful definitions
a An understanding of GBV within the broader South African context
a Rape culture and commonly held beliefs and myths
a What language to use and avoid
a A checklist of do’s and don’ts when writing up your article
a Tips for interviewing survivors of GBV
a Sample informed consent form for interviewing survivors
a List of referrals for you to have on hand during interviews
a List of expert organisations to reach out to for comment
a The Code of Ethics and Conduct for South African Print and Online Media
a How to lodge complaints with the Press Council and the Broadcasting Commission

This guide is informed by an intersectional approach to GBV, recognising that various experiences
of race, class, sexuality, gender identity and expression, citizenship status, criminalisation, and
other forms of oppression, contribute towards the varied experiences of GBV survivors3.

We hope this guide will be a valuable tool and resource for you in providing the knowledge you
need to contribute towards a supportive public discourse on GBV.

NOTE: Engaging with stories of GBV can result in vicarious trauma (trauma you may
experience by being exposed to many horrific and traumatic stories), or may trigger your own
memories. Ensure that you debrief and also receive trauma counselling when necessary and
encourage other journalists to do so as well.

3 For the purposes of this guide, we use the term “survivor”, as opposed to “victim”. We recognize that people who
have been subjected to gender-based violence have the right to choose how they want to be referred to in media
stories. See the definitions provided in the Useful Definitions section.

4 A Guide for Journalists and Editors


Useful Definitions
When reporting on GBV, it is critical to DOMESTIC VIOLENCE
use the correct terminology with a clear A pattern of behaviour which involves gender-
understanding of their definitions to ensure based violence by one person against another
that you report accurately and from an in a domestic setting. It includes spouses,
informed position. Below we provide a list of persons cohabiting, family members and
frequently used terms related to GBV. These children.
are not exhaustive. For additional definitions
related to gender and sexual identities, INTIMATE PARTNER VIOLENCE
please refer to Appendix B of this Guide. Domestic violence against a spouse or partner.

CONSENT INTIMATE FEMICIDE


When someone unambiguously and voluntarily The killing of a female person by an intimate
agrees to do something, fully understanding partner (i.e. her current or ex-husband or
the consequences of their decision, and they boyfriend, same sex partner or a rejected
do so without any coercion, such as the use of would-be lover).
force or threats to their safety. Relenting and
submitting do not equate to consent. In order RAPE
for consent to be real, the person must not be Non-consensual penetration, however slight, of
drunk, drugged or deceived. the vagina, anus or mouth by a penis, any other
body part or object.
INFORMED CONSENT
To be distinguished from ‘consent’ above, as COMPELLED RAPE
it refers specifically to the approval or assent When a person ‘A’ unlawfully and intentionally
when someone carefully understands the compels, through the use of threats or the
consequences of a decision and consents freely use of force, another person ‘B’ without their
without any force. consent, to rape a third person ‘C’. In this case,
person ‘A’ has committed compelled rape.
GENDER-BASED VIOLENCE
Violence against another person because SEXUAL VIOLENCE/ABUSE
of their gender. The violence can be A broad category incorporating various forms
physical, sexual, psychological, economic or of sexual violence, including, but not limited to,
cultural. While GBV is largely experienced rape, sexual assault, sexual harassment.
as violence against women, it can affect all
people, including men, and gay, lesbian, SEXUAL ASSAULT
bisexual, transgender, queer and intersex The sexual violation of person A by person B
(LGBTQI) persons. without person A’s consent.

A Guide for Journalists and Editors 5


COMPELLED SEXUAL ASSAULT ECONOMIC ABUSE
Similar to compelled rape, when a person ‘A’ When an intimate partner ‘A’ has control
unlawfully and intentionally compels, through over their partner ‘B’s access to economic
the use of threats or the use of force, another resources, to which ‘B’ is entitled under law or
person ‘B’ without their consent, to sexually requires out of necessity, resulting in ‘B’ being
assault a third person ‘C’. In this case, person financially dependent on ‘A’. This form of abuse
‘A’ has committed compelled sexual assault. can be used by ‘A’ as a means to control ‘B’.

SURVIVOR/VICTIM HARASSMENT
A person who has experienced gender- Covers a wide range of behaviours of an
based violence. Whilst the terms ‘victim’ and offensive nature. Engaging in a pattern of
‘survivor’ are sometimes used interchangeably, conduct that induces fear of harm, upsets or
‘victim’ is a term most often used in the legal disturbs another.
and medical sectors, while ‘survivor’ is a term
generally preferred in the psychological and SEXUAL HARASSMENT
social support sectors. Unwanted sexual advances or obscene
remarks, including verbal and non-verbal
PHYSICAL ABUSE conduct. Examples include touching,
Any act or threatened act of physical violence unwelcome jokes, whistling, rude gestures,
towards another causing injury or trauma, unwanted questions about your sex life,
including but not limited to, hitting, slapping, requests for sex, staring at your body in
kicking, punching, pushing. an offensive way, or promising rewards in
exchange for sexual favours, to name a few.
EMOTIONAL ABUSE
A pattern of degrading or humiliating conduct INTIMIDATION
towards another, including verbal abuse, Uttering or conveying a threat, or causing
threats to cause emotional pain, manipulation another to receive a threat, thereby
and intimidation, and repeated exhibition of inducing fear.
obsessive possessiveness or jealousy.
PATRIARCHY
PSYCHOLOGICAL ABUSE A system within families, communities, society
Subjecting another to emotional and verbal or government in which men hold the power
abuse which may result in psychological and women are largely excluded from it.
trauma, including anxiety, depression or post-
traumatic stress disorder. INTERSECTIONALITY
The overlap of different social identities related
VERBAL ABUSE to systems of privilege or oppression, that,
A form of emotional abuse, including constant when intersecting, create a whole with multiple
criticism, repeated insults and name calling. social identities, privileges and experiences
of oppression, that is more complicated than
CULTURAL/RELIGIOUS ABUSE each of the individual identities. These social
When a person is harmed as a result of identities can include gender, race, class,
practices that are part of their culture, religion sexuality, ethnicity, nationality, religion, and
or tradition. disability to name a few.

6 A Guide for Journalists and Editors


Understanding Gender-Based
Violence

Gender-based violence (GBV) is violence against women, it can affect all people,
against another person because of their including men, and gay, lesbian, bisexual,
gender. It can be physical, emotional, sexual, transgender, queer and intersex (LGBTQI)
verbal, psychological, economic or cultural. persons.
While GBV is largely experienced as violence

Types of Gender-Based Violence


SEXUAL ABUSE CULTURAL/RELIGIOUS ABUSE
Broad category incorporating various forms of When a person is harmed as a result of
sexual violence, including, but not limited to, practices that are part of their culture, religion
rape, sexual assault, sexual harassment. or tradition.

PHYSICAL ABUSE ECONOMIC ABUSE


Any act or threatened act of physical violence When one intimate partner has control over the
towards another causing injury or trauma, other partner’s access to economic resources
including but not limited to, hitting, slapping, entitled under law or required out of necessity,
kicking, punching, pushing. resulting in them depending on the perpetrator
financially.
EMOTIONAL ABUSE
A pattern of degrading or humiliating conduct
towards another, including verbal abuse,
threats to cause emotional pain, manipulation Gender-based violence (GBV) is
and intimidation, and repeated exhibition of violence against another person
obsessive possessiveness or jealousy. because of their gender. It can
PSYCHOLOGICAL ABUSE be physical, emotional, sexual,
Subjecting another to emotional and verbal
verbal, psychological, economic
abuse which may result in psychological or cultural. While GBV is largely
trauma, including anxiety, depression or post- experienced as violence against
traumatic stress disorder.
women, it can affect all people,
VERBAL ABUSE including men, and gay, lesbian,
A form of emotional abuse, including constant bisexual, transgender, queer and
criticism, repeated insults and name calling. intersex (LGBTQI) persons.

A Guide for Journalists and Editors 7


Many people think that GBV is the same as Violence Against Women (VAW), Domestic Violence
(DV) and Intimate Partner Violence (IPV) and use these terms interchangeably. The table below
describes the differences between the four terms.

TABLE 1: VARIOUS TERMS AND EXPLANATIONS USED FOR VIOLENCE

Gender-Based Violence (GBV) Violence Against Women (VAW)


GBV is the most inclusive term used when VAW is a type of GBV and narrowly focusses
describing violence against another person only on violence perpetrated against the
because of their gender. homogenous category of ‘women’. It therefore
excludes men, boys, transgender men and
other population groups that are not women.

Domestic Violence (DV) Intimate Partner Violence (IPV)


DV is a pattern of behaviour which involves IPV is a type of domestic violence against
GBV by one person against another in a spouse or intimate partner. It does not
a domestic setting. It includes spouses, include other relationships in domestic
persons cohabiting and family members. settings, e.g. family members.

Data on Gender-Based Violence in South Africa


When writing an article about GBV, you are the lack of disaggregated data (as you will see
strongly encouraged to provide up-to-date below for each category), makes it difficult to
statistics and qualify these by taking into identify trends and patterns accurately.
account the unreliability of police statistics and
Moreover, the decline in reported sexual
the gross underreporting of GBV crimes. Overall
offences and rapes in recent years is not
necessarily something to celebrate. This
...the decline in reported decline is indicative of fewer people reporting
(see page 16 for possible reasons why). It is
sexual offences and rapes in
important to be cautious of making blanket
recent years is not necessarily statements based on statistics without taking
something to celebrate. these factors account.

4 Available at http://www.justice.gov.za/legislation/acts/1998-116.pdf.
5 Africa Check (2015). Factsheet: South Africa’s 2014/15 assault and sexual crime statistics. Available at: https://africa-
check.org/factsheets/factsheet-south-africas-201415-assault-and-sexual-crime-statistics/.
6 Statistics South Africa (2017). South Africa Demographic and Health Survey 2016: Key Indicator Report. Available at:
http://www.statssa.gov.za/publications/Report%2003-00-09/Report%2003-00-092016.pdf.

8 A Guide for Journalists and Editors


Some of the most recent statistics and challenges related to these are as follows:

Domestic Violence: DV is not recorded by police as a specific crime


category. When cases of DV are reported to police, they are recorded
under a range of different categories such as assault, malicious damage
to property, murder etc. Although the Domestic Violence Act 116 of
1998 4 requires police stations to record incidents of DV in a register, the
D
BELLE
M I SL A last compliance audit conducted by the Civilian Secretariat for Police
(CSP) in 2014 found that only two out of 145 police stations under audit
were fully compliant with the Act – a mere 1.4% of the sample size5.
Underreporting of DV is also widespread. Possible reasons for this are
outlined on page 16.

Intimate Partner Violence: One in five partnered women has experienced


physical violence at the hands of a partner in the last 12 months6.

Femicide: A woman is killed by her intimate partner every 8 hours in


South Africa7.

Sexual Offences: In the year 2015/16 there were 51 895 reported sexual offences8. These include
all 70 sub-categories of sexual offences listed in the Criminal Law (Sexual Offences and Related
Matters) Amendment Act 32 of 20079, ranging from rape through to sex work and bestiality.

Rape: Between April 2016 and December 2016, the police recorded a total of 30 069 rape
cases. This amounts to an average of 109.3 rapes per day10. Research has shown that due to
widespread underreporting the actual figures could be up to nine times higher than those
reported11, with another study conducted in Gauteng specifically, placing this at only 1 in 2512.
Possible reasons for high levels of underreporting, are outlined on page 16.

7 Abrahams, N., Mathews, S., Jewkes, R., Martin, L. J., and Lombard, C., (2012). Every Eight Hours: Intimate Femicide in
South Africa 10 years later!. South African Medical Research Council. Available at: http://www.mrc.ac.za/policybriefs/
everyeighthours.pdf.
8 Crime Stats SA (2016). National Crime Statistics. Available at: http://www.crimestatssa.com/national.php.
9 Available at: http://www.justice.gov.za/legislation/acts/2007-032.pdf.
10 Africa Check (2017). Factsheet: South Africa’s crime statistics for April to December 2016. Available at: https://africa-
check.org/factsheets/factsheet-south-africas-crime-statistics-april-december-2016/.
11 Jewkes, R., and Abrahams, N. (2002). The epidemiology of rape and sexual coercion in South Africa: An overview.
Social Science and Medicine, 55(7), pp. 1231-1244. Available at: http://www.sciencedirect.com/science/article/pii/
S0277953601002428.
12 Machisa, M., Jewkes, R., Morna, C. L., & Rama, K. (2012). The Way at Home: Gender Based Violence Indicators Project:
Gauteng Research Report. Gender Linke and Medical Research Council: Johannesburg, South Africa. Available at:
http://genderlinks.org.za/programme-web-menu/publications/the-war-at-home-gbv-indicators-project-2011-08-16/.

A Guide for Journalists and Editors 9


The Importance of Context

When reporting on GBV, it is important to This plays out in many ways, including men’s
provide the context within which the abuse feelings of entitlement to respect, sex and
occurred. This does not simply mean “where, control, which often results in men exercising
what and how”, but rather the broader their power over women and children through
societal context that lends itself to a better violence. Patriarchy is also a contributing factor
understanding of the underlying drivers of GBV. to the perpetuation of rape culture and rape
myths13.
In South Africa, two key factors that influence
levels of GBV are strong patriarchal gender
norms and the intersection of race, gender,
class and other identities that underlie
oppression. It is important for informed
conversations about GBV that these factors
are unpacked when reporting on this topic:

B) INTERSECTIONALITY
A) PATRIARCHY Some people are more vulnerable to abuse
In South Africa, we need to be conscious of and have less access to services based on
the patriarchy ingrained within our society. their race, class, ethnicity, sexuality, gender
Through these norms, societal institutions identity, citizenship status (e.g. refugees),
privilege men and subjugate women, thereby criminalisation of profession (i.e. sex workers),
reinforcing men’s superiority and dominance. disability, and religion.

In South Africa, two key factors that influence levels of GBV


are strong patriarchal gender norms and the intersection
of race, gender, class and other identities that underlie
oppression. It is important for informed conversations about GBV
that these factors are unpacked when reporting on this topic...

13 Jewkes, R., Sikweyiya, Y., Morrell, R., & Dunkle, K. (2011). “Gender Inequitable Masculinity and Sexual Entitlement in
Rape Perpetration South Africa: Findings of a Cross-Sectional Study”. PLoS ONE. 6 (12).

10 A Guide for Journalists and Editors


A Guide for Journalists and Editors 11
Rape Culture Rape culture is a term that we are seeing more
frequently on a variety of media platforms. But
what is it exactly?

Rape culture is the social or cultural practices belief of rape myths (see page 14 for examples
and beliefs that allow for rape and sexual of these) also contribute to rape culture. Media
violence to be normalised, accepted and is a powerful tool that can be used to challenge
expected. and curb these behaviours and beliefs amongst
the population.
Instances of rape culture in South Africa
include, victim blaming perceptions, whereby
we place the blame for GBV on the survivor,
Rape culture is the social
such as a girl or woman was raped because
of what she wore, where she was at the time or cultural practices and
or what she was doing. Such attitudes still beliefs that allow for
dominate the population’s thinking about rape. rape and sexual violence
Often, we place the responsibility on women or
to be normalised,
girls to change their behaviour and themselves
in order to be safe. Certain norms, like the accepted and expected.

LET’S LOOK AT SOME OTHER EXAMPLES OF RAPE CULTURE:

• Victim blaming.

• So-called “slut shaming”.

• Sexual objectification.

• The trivialising of rape. “Our team lost


so badly...”
• A denial that rape is widespread.
“Yoh! We got
• Rape jokes and people who defend them. raped!”

12 A Guide for Journalists and Editors


• Supporting star athletes who are charged with rape
or femicide and placing the blame on their victims for
destroying their careers.

• The automatic defence of celebrities accused of rape


or domestic violence due to their celebrity status.

• The expectation that it is the women’s responsibility to


take measures to avoid being raped, instead of teaching
people not to perpetrate rape.

• Cartoons that trivialise rape.

• Journalists who substitute the word


“sex” for “rape”, as though they’re the
same thing.

• Blaming sex workers for putting themselves at risk


because of their profession.

• Referencing a survivor’s sexual history


as an explanation for their rape.

A Guide for Journalists and Editors 13


Myths and Facts about GBV

MYTH FACT

1 “No” means
“Yes” during sex.
“No” always means “No”.

Rape only occurs


2 outdoors at night
In over 50% of rapes,
and is perpetrated the perpetrator is known
by a stranger. to the survivor14.

Forcing someone to have sex when they don’t want


A woman can’t to is rape, even if they are married or have had sex
3 be raped by her many times before.
husband. Marital rape is a sexual offence according
to South African legislation15.

4
Only women can Anyone can be raped, including
be raped. men and gender non-conforming people.

The survivors was Appearance and clothing have nothing to do


5 raped because with who is raped. Women are raped no matter
s/he was wearing a what they wear: babies in nappies, old women in
miniskirt (or other tracksuits and nuns in habits have been raped.
revealing clothing). Rape is the rapist’s fault, not
the survivor’s, no matter what they are wearing.

14 Vetten, L. (2014). Rape and Other Forms of Sexual Violence in South Africa. Policy Brief 72, Institute for Security
Studies. Available at: https://issafrica.s3.amazonaws.com/site/uploads/PolBrief72.pdf.
15 Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. Available at: http://www.justice.
gov.za/legislation/acts/2007-032.pdf.

14 A Guide for Journalists and Editors


MYTH FACT

GBV only affects GBV can affect anyone


6 poor black women. regardless of race, class, ethnicity, religion,
educational level, sexuality and gender.

It is true that South Africa has very high levels of

7
South Africa is “the underreporting and
rape; however,
rape capital of the differing definitions of rape and
world”. methods of recording incidents of rape makes this
international comparison impossible16.

8
People rape because not about sexual
Rape is
they want sex, and can’t desire, but about gaining power and
control their sexual urges. control over another person.

Perpetrators can come from any


9 Perpetrators are walk of life. They could be family members,
monsters and sick. influential figures in the community or anyone who does
not conform to the stereotype of a perpetrator.

Survivors allow intimate Many survivors are


10 partner violence to happen prevented from leaving
and they can easily leave if violent relationships due to feelings of
they really want to. shame, guilt, lack of safe housing, economic
dependency, and fear.

Sex workers Anyone can be raped if


11
cannot be raped. there is no consent, including sex workers.

16 Africa Check (2016). Guide: Rape Statistics in South Africa. Available at: https://africacheck.org/factsheets/guide-
rape-statistics-in-south-africa/.

A Guide for Journalists and Editors 15


Why Some GBV As discussed in ‘GBV
Statistics’ on page 9,

Survivors Don’t Report


there is widespread
underreporting of GBV.

There are many reasons that a person would • INTIMIDATION: The fear of reprisals
not report a case of GBV to the police or tell instilled by the perpetrator. This is often
friends and family. These are considered coupled with a lack of confidence that the
to be barriers to reporting. Some of these legal process will result in a conviction and
barriers include: ensure the safety of the survivor.

• FEAR OF NOT BEING BELIEVED • FEAR OF UPSETTING THE


OR BEING ACCUSED OF LYING: STABILITY OF THE FAMILY:
By their family, community, police, and Wanting to keep the peace in the home.
the courts.
• ECONOMIC DEPENDENCY:
• DISTANCE TO POLICE The fear of the loss of economic support
STATIONS: Particularly in rural areas, by the perpetrator.
many survivors do not report a case as the
police stations are too far away and often
• LACK OF INFORMATION:
Not knowing about the help that they can
times they have no money to pay for the
receive and are entitled to by law.
transport to get to a police station.

• STIGMA AND • LACK OF TRUST IN POLICE:


The belief that the police will not take
DISCRIMINATION: The fear of the incident seriously and will fail to
social exclusion and ridicule by their family
investigate and solve the crime.
and community, and wanting to avoid
being labelled as “damaged”. • LANGUAGE BARRIERS:
Particularly in rural areas or for foreign
• SHAME, GUILT, HUMILIATION nationals, there is a language barrier for
AND EMBARRASSMENT: survivors wanting to report.
Feelings that the incident was their fault
and that they could have prevented it. • CULTURAL AND RELIGIOUS
BARRIERS: Survivors remain in
• SECONDARY VICTIMISATION: abusive relationships out of cultural and
Reliving the trauma when reporting to religious obligations. At times they are told
police or medical personnel, and a lack of to “pray about it” as a solution or resort to
sensitivity and victim blaming by officials cultural means of resolving disputes (e.g.
leading to re-traumatisation. payment of damages by the perpetrator).

16 A Guide for Journalists and Editors


There are many reasons that a person would
not report a case of GBV to the police or tell
friends and family. These are considered to be
barriers to reporting.

A Guide for Journalists and Editors 17


HOW TO

The Importance of Language

The use of correct language is critical when nuanced use of language. Over time, this has
reporting on GBV, otherwise it could lead to the potential to influence social attitudes and
stigmatisation, secondary victimisation and to curb rape culture. The table below highlights
retraumatisation. Coverage of issues related to some of the language do’s and don’ts when it
GBV can be improved through the careful and comes to reporting on GBV 17.

DO DON’T
DO use the descriptor that an DON’T default to the descriptor
interviewee prefers, e.g. “Survivor”. “victim” unless this is the wording an
interviewee prefers.
Many people prefer the term “survivor” because
it conveys agency and resilience. Many people feel “victim” has negative
connotations.

DO use neutral language when DON’T use phrases such as “the


describing a survivor sharing their survivor admits/confesses” to
story, e.g. “shares”, “tells” or describe a report of sexual abuse.
“reports”.
This language implies responsibility or shame
This implies that the survivor is speaking on the part of the survivor.
the truth.

DO use language that places the DON’T use language describing the
accountability for sexual abuse with abuse as belonging to the survivor.
the perpetrator.
E.g. “Her rape” – this removes the
E.g. “He raped her” (for legal purposes perpetrator’s accountability.
you may have to add the word “allegedly”
when applicable).

DO use language that accurately DON’T use language downplaying the


conveys the gravity of the sexual violent nature of the sexual assault.
assault.
E.g. “The survivor was unharmed”.

17 Some examples have been used from 1) Use the Right Words: Media Reporting on Sexual Violence in Canada by
Femifesto; available here: http://www.femifesto.ca/wp-content/uploads/2015/12/UseTheRightWords-Single-Dec3.
pdf. 2) Reporting on Gender-Based Violence in the Syria Crisis: A Journalist’s Handbook by UNFPA; available here:
http://www.unfpa.org/resources/reporting-gender-based-violence-syria-crisis-journalists-handbook. 3) Reporting
Gender Based Violence: A Handbook for Journalists by Inter Press Service, available here: http://gbvaor.net/wp-con-
tent/uploads/2012/10/Reporting-Gender-based-Violence-a-handbook-for-journalists-IPS.pdf.

18 A Guide for Journalists and Editors


DO DON’T
DO use language that portrays the DON’T use euphemistic language to
violence and non-consensual nature describe sexual assault.
of sexual assault.
This is vague and lessens the seriousness of
E.g. “Sexual assault”; “oral rape” the act.

E.g. “Forced sex”; “sex scandal”; “private parts”

Avoid needlessly including salacious details of


the assault. Only include specifics if there is a
valid need to do so.

DO use language that conveys that DON’T use language that describes
sexual assault is violence, not sex. sexual violence as sex, not violence.
E.g. “Rape”; “sexual assault”; “oral rape” E.g. “Oral sex”; “sexual activity”; “non-
consensual sex”; “forced sex”

DO use language to make the DON’T use language to make the


perpetrator the subject of the survivor the subject of the sentence
sentence and assign the verb to them. and assign the verb to them.
I.e. “The perpetrator forced the survivor to I.e. “The victim performed fellatio against
perform fellatio against her will.” their will.”

DO use “sex work” and “sex worker”. DON’T use “prostitution” or


“prostitute”.
This avoids moral judgement and treats the
selling and buying of sexual services as a This historically refers to shameful acts
work matter with implications for labour law and carries negative connotations linked to
and occupational health and safety rights. inaccurate information about sex workers
and the sex industry.

A Guide for Journalists and Editors 19


HOW TO

Checklist when Reporting on


Gender-Based Violence
When reporting on GBV, there are certain pitfalls you must avoid. The checklist below
provides tips for reporting on GBV including, but not limited to, headlines, interviews, article
content, imagery and social media posts.

DO
a DO take into account the ‘Importance of Language’ from the table on page 18.
a DO ensure that survivors, especially those from marginalised communities, are included
and given the space to speak on the issue.

a DO speak to a diversity of sources, especially GBV experts. Don’t focus solely on police,
legal or perpetrators’ voices. Some examples of expert organisations you can reach out to
are found in Appendix E.

a DO include up to date, reliable statistics and interrogate the validity of these within your
article. We may want to use popular statistics that add shock value, but these are often
incorrect. Africa Check is a great resource and produces useful factsheets with accurate
information. For some of these, see the footnotes below18, 19, 20, 21.

a DO provide context! Position your article and interview within the context of patriarchal
gender norms, intersectionality, and the larger problem of GBV.

a DO provide information on local support services in your article for the reader to access
AND following your interview with a survivor.

a DO take into account and reflect on your own position as interviewer and reporter relative
to the identity of the people whose stories you are telling, e.g. a white cis-gendered
person writing about black LGBTQIA persons.

a DO use trigger warnings appropriately. Only use these if the content of your article is
explicit in nature and may potentially trigger secondary traumatisation in another survivor.

a DO cross-check your facts and information in research and other documents.

18 Africa Check (2016). UN Stats don’t show a rape occurs every 26 seconds in SA, as Sky News reported. Available at:
https://africacheck.org/reports/levels-child-sexual-abuse-south-africa-even-higher-activist-claimed/.
19 Africa Check (2016). Guide: Rape Statistics in South Africa. Available at: https://africacheck.org/factsheets/guide-
rape-statistics-in-south-africa/.

20 A Guide for Journalists and Editors


DON’T
r DON’T report details that could put the survivor at further risk, e.g. names, photos, unless
specific consent is given.

r DON’T make public the names or any identifying features of child victims.

r DON’T make public the names of reported perpetrators of sexual offences until they have
pleaded in court. This is according to Section 154 of the Criminal Procedure Act.

r DON’T use headlines and taglines are sensationalist or false, such as “sex scandal” or
“controversy”.

r DON’T focus on the survivors’ clothing, addictions, sexuality, employment, past


relationships or their drinking behaviour.

r DON’T focus on facts that make perpetrators appear to be ‘unlikely’ rapists,


e.g.“upstanding citizen”, “star athlete”, “volunteer in the community”. This suggests bias
towards their innocence.

r DON’T suggest that the difference in power between the survivor and perpetrator is an
attempt to tarnish the image of a public figure or a revenge stunt by a ‘jilted ex-girlfriend’.

r DON’T assume that all survivors are the same, be it in their experience or their reactions.

r DON’T use stock photos that portray violence in an indelicate way, such as a photo of a
woman with a black eye. This just adds shock value and is a reminder of what violence
looks like as many people have experienced this themselves and know what it looks like.
Rather use photos showing the context in which the abuse occurred, e.g. a photo of the
crime scene.

20 Africa Check (2017). Factsheet: South Africa’s Crime Statistics for April to December 2016. Available at: https://africa-
check.org/factsheets/factsheet-south-africas-crime-statistics-april-december-2016/.
21 Africa Check (2017). Levels of Child Sexual Abuse in South Africa even higher than activist claimed. Available at:
https://africacheck.org/reports/levels-child-sexual-abuse-south-africa-even-higher-activist-claimed/.

A Guide for Journalists and Editors 21


HOW TO

CASE STUDY #1
“I once did a story on the rape of mentally disabled women in the rural Eastern Cape. The
women lived at an organisation which cared for them. Every single one of them had been
raped by the time that they started to live at the care home. For each case study, I got the
parent as well as the caregiver to sign a consent form to allow me to use the name and
picture of the person. But my editor made me change all the names and remove every
single picture in which a case studies was recognisable shortly before we went to print.

She taught me an important lesson, which I still live by: just because you have consent
forms, and are legally covered, doesn’t mean it’s necessarily ethical or fair to use
someone’s name. Those case studies couldn’t speak for themselves. No one could speak
for them. It was their right to be protected against potential discrimination by remaining
anonymous.

Three government teams visited the community to intervene after my story was published.
It proved to me that pseudonyms don’t lessen the impact of a story. Respect and human
rights are far more important than a journalist’s desire to use a case study’s real name.”

- MIA MALAN, BHEKISISA EDITOR

Working with News Editors


While reporters and journalists can be as may not understand how the media works and
careful and ethical as possible, the fact remains the possible implications of their story being
that their copy gets handled by numerous in the public domain and identification of
other people who edit their words, decide individuals.
where the story is placed and write the
By showing care and sensitivity in their writing,
headline that goes above it. The power lies in
journalists limit the possibilities of their copy
the hands of the news editor.
being re-angled in a manner they would not
like or having a sensational headline assigned
Journalists, who sometimes bond or develop
to their stories. They also, by implication, guard
a trust relationship with the subjects of
their own reputations. These same principles
their stories, often know more or have more
apply equally to photographs.
information than they are willingly to disclose
publicly. When faced with such a dilemma it As such, try to maintain as much ownership of
is always best to employ the harm limitation your work as possible and send through your
principle22. Special sensitivity should be shown own suggested headlines and captions with
when dealing with children and people who your copy.

22 A Guide for Journalists and Editors


Journalists, who sometimes bond or develop a trust relationship with
the subjects of their stories, often know more or have more information
than they are willingly to disclose publicly. When faced with such a
dilemma it is always best to employ the harm limitation principle22.

CASE STUDY #2
“One Sunday afternoon, well ahead of deadline for Monday morning’s paper, a paediatric
surgeon Professor approached The Star’s news desk team with a savage rape story that
had happened over a weekend in Alexandra township. He was incredibly angry. Week after
week he had been exposed to horrific child rape cases and this one proved too much. He
challenged The Star to publish a photograph of the injuries suffered by a six-year old girl.
He wanted to shock South Africans into taking action against the scourge of child rape,
saying he believed people were in denial regarding the problem of child rape and that
doing nothing about the problem was “tantamount to treason against the people”.

The picture he submitted for publications show the child’s intestines hanging from a hole
where her perineum – the skin between her vagina and anus – should have been. Not only
had he operated on the child that weekend, he had also worked on another three-year-old
child. Both children had been brutally violated and left for dead by men known to their
families – yet no arrests had been made.

Duty editors faced a dilemma. The challenge the Professor presented was real,
newsworthy and would in all likelihood sell many newspapers. On the other hand, the
life of a child was involved, and the picture was graphic, horrifying and not something a
newspaper would ordinarily consider fit for publication. Yet it could not be ignored.

Finally, after much deliberation, a decision was taken to run the story on page one, along
with a large blank block where the lead photograph would have been placed. The headline
across page one was “Picture of child rape too horrific to publish”, and the story explained
why the image was not shown. The piece included an interview with the paramedic who
had rescued the child as well as descriptions of the extreme reactions of medical staff who
treated her. All the horror was conveyed without the actual picture being used.

The story triggered massive response. Some readers called for the photograph to be
published, others pledged money and challenged people to match their contributions.
Aid organisations got involved and police authorities pledged to make arrests and ensure
justice.

The case illustrates how creative handling of a sensitive story can not only retain the
dignity and respect of those involved, but can be used as a powerful tool to effect change.”

- GILL GIFFORD, HEALTH-E NEWS EDITOR

A Guide for Journalists and Editors 23


Tips for Interviews
HOW TO

Interviews must meet the needs of the survivor to observe before an interview, during and
and provide a space for survivors to open up after an interview, and when conducting an
about their story and be heard. It is important interview on that is broadcast on radio or
to honour this and be respectful, mindful, television. This is followed by examples of
safe and responsible. Below are essential tips types of questions to ask.

Before an Interview
1. RESEARCH. Inform yourself about the they should be over it by now. Recovering
impact GBV has on survivors and trauma from trauma is a process and takes time. Be
they may be experiencing. This will aid mindful and compassionate about this.
in your compassion and sensitivity when
interviewing them. 5. CRISIS NUMBERS. Ensure that you have
crisis numbers on hand for the interviewee.
2. BUILD TRUST. Spend time with your While they have agreed to be interviewed,
interviewee before the interview. The they may be triggered by the memories.
more of a relationship you have with the Some national numbers can be found in
interviewee, the more comfortable they will Appendix D of this Guide. However, do
be, which will allow for a better interview. source additional numbers that are relevant
and specific to the interviewee’s potential
3. FORMAT. needs and area or province.
a. Schedule the interview in a safe space
6. EXPECTATIONS. Have an open
that is pre-approved by the survivor.
conversation with the interviewee about
b. Ensure that there is enough time and your expectations and the information
that the interview is not rushed. you need and provide them with some
sample questions of what you might ask.
c. Take the time to review your process
with the survivor. This will prepare the interviewee and will
allow them the space to inform you of their
d. Allow the survivor to bring a support boundaries. You may need to then adjust
person to accompany them during the
your questions accordingly.
interview.

e. Prepare a comfort kit for your 7. INFORMED CONSENT. It is vital that


interviewee, including tissues and the interviewee is made fully aware of
water. the consequences of being interviewed,
including:
4. CHECK YOUR ASSUMPTIONS. Be aware
of the assumptions you take into the a. The intended publication
interview. Do not approach the interview b. That they will remain anonymous
with negative assumptions, e.g. they are (unless they give express permission
making it up, they could have prevented it, otherwise)

24 A Guide for Journalists and Editors


c. That the interview will remain if they can recommend someone who
confidential (unless they give express is an appropriate choice for this type of
permission otherwise)
interview. Before the interview day, meet
d. That they do not have to answer with the interpreter to go over interview
questions they don’t want to questions and appropriate terminology
and language. Keep in mind that the
e. If you intend to record the interview.
They have the right to request the interviewee might be more comfortable
interview not be recorded with someone of their own sex or gender.

If you use the survivor’s story in future, 9. GENDER. Be cognisant of your own sex
other than what they have agreed to, ask and gender in relation to the interviewee.
for their permission first. An example of
For example, if the survivor is a woman,
an informed consent form can be found in
she might not want to be interviewed by a
Appendix A.
man. In that case, ask if she would prefer
8. INTERPRETER. If you need an interpreter, if a female colleague of yours to interview
ask an organisation that works with GBV her instead.

CASE STUDY #3
“I cringe when I think about it today. It must have been about 19 years ago. I was an intern
in the latter years of my journalism studies, with drive and that typical I-can-change-the
world sort of attitude interns have when they first enter a newsroom. I had been asked to
take on a story.

A short synopsis, scribbled on a piece of paper, along with the name and telephone
number of a contact person, was all I was given.

I can’t recall the finer details almost two decades down the line, but I can recall that the
story involved a woman who had been embroiled in a domestic dispute with her husband,
who ended up using a hose pipe to beat her. The focus of the story was the manner in
which the police handled her situation.

I went out to meet her to find out more and the pictures editor dispatched a photographer
to accompany me. We were told that, under no circumstances, must the woman be
identified. The pictures should be taken in such a way that her face is obscured.

What no one realised at the time was that the photographer was a male and that the
already traumatised woman would have to remove some of her clothes to display her
wounds for him. Thankfully, the woman didn’t seem to mind. In hindsight, however, we
should have sent a female.”
- FATIMA SCHROEDER, JOURNALIST

A Guide for Journalists and Editors 25


HOW TO

During an Interview
1. SHOW COMPASSION. Retelling a story 6. STAY ON TOPIC. Do not add questions
of experiencing GBV can be difficult that veer from the initial pre-interview
and traumatic. Be compassionate and discussion on expectations and sample
understanding, and do not shame or questions. If you are going to ask difficult
blame the survivor for the violence questions, explain why you are asking
perpetrated against him/her. Panic them, e.g. “I am going to ask you about
attacks are common symptoms of trauma the incident. I am doing this because I
and may arise during the interview. want to ensure the accuracy of my article
2. BODY LANGUAGE. Be aware of your and do justice to your experience.”
body language during the interview.
7. IDENTIFICATION.
Allow enough space between yourself
and the interviewee to make them feel a. Ask how the survivor would like to be
comfortable. identified, i.e. survivor, victim, person
who experienced violence etc.
3. TOUCH. Don’t touch the interviewee,
unless they have given you permission b. Ask if would they like to remain
to do so to comfort them. If you touch anonymous, be identified by
them without permission, they might feel pseudonym or their real name. This
triggered or uncomfortable. will have been established during the
4. ACKNOWLEDGE DIFFERENT informed consent process.
EXPERIENCES. No two survivors are the
c. Ask what words they use to describe
same. Experiences of GBV differ from
the violence perpetrated against
person to person and are shaped by
them, e.g. rape, sexual assault etc.
race, class, gender, sexuality, disability
and other social locations. The interview Ensure that the editor is aware of these
provides a space in which to explore factors and why it is important not to
these intersectionalities, which are
change them.
important to frame your article in. It
is important to honour each person’s 8. USE OF PHOTOS. Do not take photos of
individual experiences and to be aware the interviewee unless they have given
that there is no right or wrong way to act their written and informed consent. The
during the interview.
use of stock photography that portrays
5. RESPECT BOUNDARIES. Survivors have violence in an indelicate way, such as
the right to choose how and when they a photo of a woman with a black eye
want to tell their story, as well as what or bleeding, should generally also be
they are willing to tell. If a survivor is avoided. This just adds shock value and
uncomfortable answering a question, do is a reminder of what violence looks like,
not probe for more information. as many people have experienced this

26 A Guide for Journalists and Editors


themselves and know what it looks like. 9. END THE INTERVIEW WELL. Ask the
Rather use photos showing the context interviewee if they would like to add
in which the abuse occurred, or that anything else and ensure that you bring
illustrate a general situation, e.g. a photo the conversation back to the present and
of the crime scene. to things the interviewee finds safe.

After an Interview
In addition to the ‘Checklist When Reporting being taken away from the perpetrator
on Gender-Based Violence’ on page 20 and the and placed on the survivor.
‘Importance of Language’ on page 18, some
additional useful tips when writing up an article 3. FOLLOW UP.
following an interview with a survivor are
a. Make yourself available for contact
as follows:
after the interview.
1. RESPECT PRIVACY. Principled, ethical
b. Before sending the article to the
journalism means respecting the privacy
editor, allow the survivor to review
of the interviewee and their family. As
it to ensure that their story is
such, you need to be careful of ‘jigsaw
accurately captured.
identification’ when granting anonymity.
This is when audiences are able to piece c. If they feel uncomfortable with
together details, such as the location, something and want it edited or
clothing or age of the survivor, even removed, do so.
though you don’t name them specifically.
d. Remind them of support crisis
2. BE IMPARTIAL. It is your responsibility numbers that are available to them
not to judge or discriminate. Stay away post-interview. Some national
from implying that the survivor was numbers can be found in Appendix
to blame by mentioning clothes worn, D of this Guide. However, do source
the survivor’s appearance or their level additional numbers that are relevant
of inebriation. While you may want and specific to the interviewee’s
to add ‘colour’ to your story, this can potential needs and their area
unintentionally lead to the onus of blame or province.

CASE STUDY #4
“One of the trickiest situations I’ve had to tackle was a story in which three women were
making allegations of sexual assault against three very rich and powerful men. All three
women were extremely scared to share their experiences because they were (justifiably,

A Guide for Journalists and Editors 27


HOW TO

in my view) afraid of recriminations, but I managed to convince them to do so on the basis


that these men needed to be exposed before further women were harmed.

I sent them a draft of the article I was preparing for publication and one woman requested
that a number of details be left out because she feared these features would enable the
men to identify her. From a journalistic perspective this was quite agonizing, because
the details were the most shocking aspect of the narrative, and also added convincing
evidence to her story. But the safety of the source always has to come first, so I duly edited
the story. I still wish I had had the ability to tell the full tale, but in situations like that you
simply cannot take the risk. Put your ego and your byline aside and think how you would
feel if something were to happen to that source.”

- REBECCA DAVIS, DAILY MAVERICK JOURNALIST

Interviewing Children
There are additional difficulties when (taking into consideration the evolving capacity
interviewing child survivors of violence. of the child), and a public interest is evident;

The Bill of Rights (Section 28.2) in the South 8.1.3. not identify children who have been
African Constitution states: “A child’s best victims of abuse, exploitation, or who have
interest are of paramount importance in every been charged with or convicted of a crime,
matter concerning the child.” As such the Press without the consent of their legal guardians
Council’s Code of Conduct (Appendix F) has (or a similarly responsible adult) and the child
also made provision for this when reporting (taking into consideration the evolving capacity
about children: of the child), a public interest is evident and it
is in the best interests of the child.”23
“8.1.1. exercise exceptional care and
consideration when reporting about children. If 1. BEST INTEREST. Determine if it is really
there is any chance that coverage might cause necessary to interview the child. Is it in
harm of any kind to a child, he or she shall not the public’s interest or best interest of the
be interviewed, photographed or identified child? If the possibility exists that it might
without the consent of a legal guardian or of harm the child and this outweighs the
a similarly responsible adult and the child benefit, do not interview them.

23 Press Council of South Africa. Code of Ethics and Conduct for South African Print and Online Media. Available here:
http://www.presscouncil.org.za/ContentPage?code=PRESSCODE.

28 A Guide for Journalists and Editors


2. PARENTAL OR GUARDIAN CONSENT. 3. CHILD’S CONSENT. Don’t forget to ask
Once you have determined that no harm for the child’s consent too. Even if the
will be caused and that it is in the best parent/guardian has agreed, the child has
interest of the child, you must receive the final say.
consent from the child’s parent or
legal guardian.

CASE STUDY #5
“Zandile (not her real name) was raped and had her throat slit by her mother’s ex-
boyfriend. I met the quiet seven-year-old at Chris Hani Baragwanath Hospital 10 weeks
after her attack. The hospital was ready to discharge Zandile but her mother was too
afraid to take her home to their shack in Katlehong because the attacker still had not been
arrested, despite the police being told where to find him.

Although Zandile’s mother had given me permission to interview the little girl, I felt it was
inappropriate and unnecessary. It was enough to describe the jagged scar encircling her
neck, her dull eyes and the fact that, when she did speak, her words came out in a raspy
whisper because her windpipe had been severed in the attack. Asking any more from the
child would have taken her back to a very dark place and added little to the story, which
could be told from observation.

The attacker was arrested within hours of The Star publishing the story.”

- KERRY CULLINAN, HEALTH-E NEWS MANAGING EDITOR

Broadcasting Interviews
Interviews in general can be intimidating for beforehand. This will give them the
survivors. This is even more true for interviews opportunity to inform you of questions
that are broadcast on radio or television. In they do not feel comfortable with
addition to the tips above, extra precautions answering, as well as prepare themselves
must be taken if an interview with a survivor is for the questions that will be asked.
being broadcast.
2. FORMAT. Ask if the interviewee would
1. PREPARATION. Discuss the interview like their face blurred or voice altered to
questions with the interviewee ensure that they remain unidentified.

A Guide for Journalists and Editors 29


CASE STUDY #6
I was working as a community radio news producer in Limpopo when a pastor phoned me
to tell me that his daughter had been raped, that the police did not seem to care and that
he feared his daughter will not get justice.

While considering how to tackle the story I shared details of the call with the host of
our current affairs show. I went on to prepare for the evening’s show without including
that particular story as I was still considering how to treat it. Just before the show I was
told by the receptionist that our two invited guests have arrived. It was the local police
spokesperson and his colleague who had been invited to the show to ‘respond’ to the
pastor’s allegations by the show’s presenter without my knowledge. The host of the show
had wanted the story to go ahead because of the scarcity of fresh local news.

However, I knew that if I allowed the police spokesperson and constable to go live on air
they would reveal details about the pastor (even without intending to), making it easier
to identify the survivor. I suggested that we record their interview instead and run it the
next day to censor aspects that could potentially reveal the daughter’s identity. However
this was unacceptable to the police spokesperson and constable - they wanted to set the
record straight live on air.

The show’s host and I argued. He thought I was missing the point and being unreasonable
because the police spokesperson had taken the trouble to come to the radio station to be
interviewed and he also thought I was missing an opportunity to break a very good local
story on a local radio station.

The following day we spoke about rape on air without mentioning the pastor’s daughter
or her experience. The show was not as strong as it could have been had we used the
personal experiences of the pastor’s daughter, but it was worth talking about rape. And to
me, compromising ethics for the sake of a good story is never acceptable.

- BY MASUTANE MODJADJI, HEALTH-E NEWS OURHEALTH MANAGER

30 A Guide for Journalists and Editors


Types of Questions to Ask
Respecting the interviewee’s boundaries is as they feel comfortable with. To maintain
crucial during an interview. Do not probe the open-endedness of the interview, reflect
for more information if they do not feel on what the interviewee has said rather than
comfortable answering a question. The best asking pointed questions. Asking “why?” can
way to do this is to ask open ended questions sound quite accusing. For example, instead of
that are not too specific or targeted, thus “why didn’t you report sooner?”, rather ask,
allowing the interview to evolve naturally and “you said you found it difficult to report, tell me
the interviewee to share as much information more about that”.

? SOME EXAMPLES OF QUESTIONS TO ASK A SURVIVOR


IN AN INTERVIEW:

1. As much as you’re comfortable with, please share your experience.

2. What do you feel is important for people to know?

3. What barriers did you experience in coming forward?

4. What would have made it safer for you to come forward?

5. What services or people helped you?

6. Is there anything else you’d like to add?

A Guide for Journalists and Editors 31


PUBLIC USE

Remedies for Unfair Treatment


by the Media
Should a journalist violate their interviewing agreement with a survivor, identify the
survivor or in any way cause harm through their publication, the survivor has the option of
recourse through the Press Ombudsman if it is a publication, the Broadcasting Complaints
Commission if it is a radio or television broadcast, and various Usage Standards and Rules if
it is on social media.

Publication Forum, and the Interactive Advertising Bureau


South Africa.

Anyone can make a complaint against the Should a complaint be made against a
editorial content of a publication through the publication that is not a member of these
complaints mechanism of the Press Council of associations, the Ombudsman or Public
South Africa (PCSA). Advocate can approach the publication to
establish whether it accepts the jurisdiction
NOTE: The jurisdiction of the complaints body of the PCSA. If the publication refuses to
only pertains to member associations (those submit to the jurisdiction, the Ombudsman or
who have agreed to be bound by the Code of Public Advocate will advise the complainant
Code of Ethics and Conduct for South African accordingly.
Print and Online Media as at January 2016),
which include the Association of Independent To view the instructions and information
Publishers, the Forum of Community needed to lay a complaint online, please see
Journalists, the South African National Editors’ the instructions in Appendix G.

CASE STUDY #7
“On the first day of school (11 January 2017) I noticed a jarring headline on the front page
of the national Times newspaper: PUPILS PREFER THE PAIN. The same article was carried
online under the strapline “Some pupils would rather get a smack at school than have
their parents called in”. It turned out that the article was based on a small study with two
schools in Kwa-Zulu Natal, which had only interviewed teachers. It also contained the
sentence: “A study last year in KwaZulu-Natal found that pupils see corporal punishment
as part of a teacher’s role”.

I then reached out to Stefanie Rohrs, a colleague at the Children’s Institute, who was
quoted in the article, to explore a way to keep the paper accountable to the Constitution
and the Press Code. She agreed that the article was misleading, and potentially harmful.
We then wrote to the editors of The Times, who replied that they in effect see no problem

32 A Guide for Journalists and Editors


with the headline or article. Our next recourse was to write a complaint to the Press
Ombudsman who, after a round of response and reply, made a finding in our favor.

The Times newspaper was then directed by the Press Ombudsman to make a front-page
apology for the misleading article. In the ruling The Times was directed to apologise to its
readership for “wrongly, unfairly and misleadingly stating and insinuating that the study
found that pupils saw corporal punishment as part of a teacher’s role – in the process at
least partly putting the blame for teachers’ use of violent discipline on pupils.”

While it was a bit random that I had only picked up the headline coincidentally by going
to a supermarket, it was really inspiring to be able to achieve an accountable response
and remedy from the paper in a relatively short space of time. It left me with hope in the
idea that some institutions are still available to keep people accountable, and that some
institutions are still responsive to remedy their mistakes.”

- WESSEL VAN DEN BERG, SONKE GENDER JUSTICE CHILD RIGHTS & POSITIVE
PARENTING MANAGER

Broadcasting or at the bottom of a Facebook webpage.


Once a Report has been lodged, Facebook
will review and remove anything that does not
People can also lodge complaints against radio follow their Community Standards. However,
or television stories through the Broadcast
if the Community Standards are not violated,
Complaints Commission of SA (www.bccsa.
Facebook does not guarantee that the content
co/za). As with the Press Council, the BCCSA
will be removed.
only has jurisdiction over those broadcasters
that have signed its code of conduct. For You and your personal information will remain
more information on the procedure of laying a confidential.
complaint, see Appendix H.
TWITTER
Anyone report a tweet or media
Social Media based on violations of Twitter’s
Rules and Terms of Service by
FACEBOOK using the Report link that appears
in line with the specific tweet or media. Twitter
Anyone can report a post,
group or person on Facebook may ask you to provide additional information
based on violations of about the issue you are reporting. Once your
Facebook’s Community report has been submitted, Twitter will provide
Standards (see: https://www.facebook.com/ recommendations for additional actions you
communitystandards#using-your-authentic- can take. For more information on reporting
identity ), e.g. hate speech or violence, by using violations on Twitter, see https://support.
the Report link that appears near the content twitter.com/articles/15789 .

A Guide for Journalists and Editors 33


Conclusion
As illustrated in this guide, there are a number of factors for journalists and editors to take
into account when interviewing a GBV survivor and reporting on GBV in South Africa.
Journalists and editors have great power and influence and should use it wisely to ensure
that public discussions on GBV are accurate and sensitive to the needs of survivors.

With this guide, we hope you have the necessary guidance and resources to report
responsibly on GBV and sensitively interview a GBV survivor, by also referring them on to
reputable organisations and counsellors should the need arise.

34 A Guide for Journalists and Editors


APPENDIX A: Sample Informed
Consent Form Before an Interview
It is vital that your news organisation or outlet honours any undertaking you make to
the interviewee. The unauthorised use or disclosure of confidential information may
lead to the interviewee suffering substantial damage.

Interview Consent Form


I (interviewee) ________________________________________________,
acknowledge that this interview may be published/broadcast and that I fully understand the
implications, and give permission to _________________________________________
____________, (name of journalist/interviewer) ______________________________
________________________ of the (name of media company) ___________________
__________________________________ to interview/record/film (circle applicable) me
on ____________________________________(date).

The interviewer may (tick next to preferred term):

Use my real name and surname

NOT use my real name and surname or any identifying, private information.

If ticked, please write preferred pseudonym here:

______________________________________________________________

The interviewer may (tick next to preferred term):

Use photographs of me or identifiable imagery

NOT use any photographs of me or any identifiable imagery.

Other conditions

If ticked, please specify:

______________________________________________________________

______________________________________________________________

Agreed on this date: ____________________in _______________________(area/city)

Signed by interviewee: __________________________________________________

Signed by journalist/interviewer: ___________________________________________

A Guide for Journalists and Editors 35


APPENDIX B: Further Definitions
While this guide provides a list of commonly used to someone of the same gender. Lesbians are
terms to describe gender and sexual identities and women who are attracted to women. While ‘gay’
practices, this list of definitions is not exhaustive. was once used to signify men who are attracted
Remember that gender is a personal identity, and to men, it is now used more broadly, and often
definitions may vary from person to person. It is interchangeably with ‘homosexual’.
therefore always advisable to ask someone how
BISEXUAL Refers to individuals who are sexually,
they identify and what their pronouns are, just as
emotionally and romantically attracted to more
you would ask for their name.
than one gender.
The roles and behaviours that society sees as
ASEXUAL Refers to a person who does not
appropriate and expected for women and men.
experience sexual attractions, feelings or desires.
It includes how society expects women and men
to relate to each other, often with men exercising
TRANSGENDER A term used to describe a person
power over women.
whose gender identity does not “match” their
GENDER IDENTITY An individual’s internal sense biological sex. Transgender people are born with
of their gender which could be ‘man’ or ‘woman’ typical male or female anatomies but feel as
or any of a number of other genders, including though they’ve been born into the “wrong body”.
agender, gender fluid, gender non-binary or This is a gender identity, not a sexual identity.
genderqueer amongst others. A person’s gender
identity does not always match their biological or INTERSEX A term referring to a variety of
assigned sex. conditions (genetic, physiological or anatomical)
in which a person’s sexual and/or reproductive
BIOLOGICAL SEX Sex assigned according to one features and organs do not conform to dominant,
sexual organs or genitalia – ‘male’, ‘female’ or binary, and typical definitions of ‘female’ or
‘intersex’ – sometimes also referred to as ‘assigned ‘male’. Remember that biological sex is different
sex’ or ‘sex assigned at birth’. It is possible to to gender identity, so someone who is intersex
change one’s biological sex by having a sex may still identify as a man, a woman, or as a
change operation. genderqueer or gender non-binary person.

GENDER BINARY An understanding of gender that QUEER A term for sexual identities that are not
reduces gender to two opposing and completely heterosexual, including but not limited to gay,
separate gender identities – ‘man’ and ‘woman’. lesbian, bisexual and asexual. Individuals who
identify as ‘queer’ often do so because they do not
GENDER NON-BINARY / GENDERQUEER Often subscribe to sexual identity categories. However,
used as a term for any gender identity that does if someone identifies as gay or lesbian, they do not
not conform to the gender binary. necessarily identify as queer.

GENDER FLUID A gender identity that varies CISGENDER Refers to a person whose sense of
over time. A gender fluid person may at any personal identity and gender corresponds with
time identify as a women, man, or any non- their biological or assigned sex.
binary identity, or a combination of identities at
different times. HETERONORMATIVE Societal behaviours and
expectations that treat heterosexuality as the
GAY OR LESBIAN Refers to an individual who is norm, and promote an adherence to a strict
sexually, emotionally and/or romantically attracted gender binary.

36 A Guide for Journalists and Editors


APPENDIX C: Rights of a Survivor

A Guide for Journalists and Editors 37


APPENDIX D: Referrals
Below are national helpline numbers for you to have on hand when interviewing a survivor and to
list at the end of your article or report.

Ensure that you also source reliable province-specific referrals when interviewing a survivor, so
that they are able to reach out to organisations within their area should they need to.

NATIONAL HELPLINE NUMBERS


National GBV Helpline 0800 150 150
Life Line South Africa 0861 322 322
AIDS Helpline 0800 012 322
National Counselling Line 0861 322 322
Child Line South Africa 0800 055 555
South African Police Service 10111
Legal Aid 0800 110 110

THUTHUZELA CARE CENTRES


Thuthuzela Care Centers are one-stop facilities, where a rape survivor receives medical, psycho-
social and legal support. They have been introduced as a critical part of South Africa’s anti-rape
strategy, aiming to reduce secondary victimisation, improve conviction rates and reduce the cycle
time for finalisation of cases.

PROVINCE THUTHUZELA CARE CENTRE CONTACT NUMBER


GAUTENG Kopanong TCC 016-428 5959
Kopanong Hospital, Duncanville Vereeniging
Laudium TCC 012-374 3710
Laudium Hospital & Community Health Centre,
Laudium
Lenasia TCC 011-2110632
Lenasia Hospital, Lenasia South Johannesburg
Mamelodi TCC 012-841 8413
Mamelodi Day Hospital
Masakhane TCC 011-923 2180
Tembisa Hospital Tembisa
Sinakekelwe TCC 011-909 5832
Natalspruit Hospital

38 A Guide for Journalists and Editors


PROVINCE THUTHUZELA CARE CENTRE CONTACT NUMBER
KWAZULU NATAL Edendale TCC 033-395 4325
Edendale Hospital, Pietermaritzburg

Madadeni TCC 034-328 8000 ext


Madadeni Hospital, Newcastle 8514

Empangeni TCC 035 901 7000


Ngwelezana Hospital, Empangeni

Phoenix TCC 031-502 1719


Mahatma Gandi Memorial Hospital

Port Shepstone TCC 039-688 6021


Port Shepstone Regional Hospital, Port Shepstone

RK Khan TCC 031-459 6000


RK Khan Hospital, Westcliffe

Stanger TCC 032 437 6000


Stanger Provincial Hospital, Stanger

Umlazi TCC 031-907 8496


Prince Mshiyeni Memorial Hospital, Umlazi

EASTERN CAPE Bizana TCC 039 251 0236


St Patricks Hospital, Bizana

Butterworth TCC 047 491 2506


Butterworth Hospital, Butterworth

Dora Nginza TCC 041-406 4112


Dora Nginza Hospital, Port Elizabeth

Libode TCC 047-568 6274


St Barnabas Hospital, Nyandeni Region

Grey Hospital TCC 043-643 3300


Grey Hospital, King William’s Town

Lusikisiki TCC 039 253 5000


St Elizabeth Hospital, Lusikisiki

Mdantsane TCC 043-761 2023


Cecilia Makiwane Hospital, East London

Mthatha TCC 047 531 2000


Mthatha General Hospital

Taylor Bequest TCC 039 737 3107


Taylor Bequest Hospital, Matatiele

A Guide for Journalists and Editors 39


PROVINCE THUTHUZELA CARE CENTRE CONTACT NUMBER
LIMPOPO Groblersdal TCC 013 262 3024
Groblersdal Hospital, Groblersdal

Mangkweng TCC 015-286 1000


Mangkweng Hospital, Polokwane

Mokopane TCC 015-483 4000


Mokopane Hospital, Mokopane

Musina TCC 015-534 0446


Musina Hospital, Musina

Nkhensani TCC 015-812 0227


Nkhensani Hosptial, Giyani

Seshego TCC 015-223 0483


Seshego Hospital, Seshego

Tshilidzini TCC 015-964 3257


Tshilidzini Hospital, Thohoyandou

NORTHERN CAPE De Aar TCC 053-631 2123


Central Karoo Hospital, De Aar

Galeshewe TCC 053-830 8900


Galeshewe Day Hospital, Kimberley

Kuruman TCC 053-712 8133


Kuruman Hospital, Kuruman

Springbok TCC 027-712 1551


Van Niekerk Hospital, Springbok

MPUMALANGA Ermelo TCC 017-811 2031


Ermelo Hospital, Ermelo

Temba TCC 013-796 9623


Themba Hospital, Kabokweni

Tonga TCC 013-780 9231


Tonga Hospital, Nkomazi

Witbank TCC 013-653 2208


Witbank Hospital, Witbank

40 A Guide for Journalists and Editors


APPENDIX E: Expert Organisations
In the ‘Checklist for Reporting on GBV’, we encouraged you to speak to a diversity of sources,
especially GBV experts. Don’t focus solely on police, legal or perpetrators’ voices. Some examples
of expert organisations you can reach out to based on their expertise are:

GENDER-BASED VIOLENCE
Rape Crisis Cape Town Trust 021 447 1467
MOSAIC 021 761 7585
POWA (People Opposing Women Abuse) 011 642 4345/6
Gender Links 011 029 0006 / 011 028 2410
Soul City 011 771 7956
NACOSA 021 552 0804
New World Foundation 021 701 1150
Trauma Centre for Survivors of Violence and Torture 021 465 7373
GRIP (Greater Rape Intervention Programme) 013 752 4404
Sonke Gender Justice Johannesburg: 011 339 3589
Cape Town: 021 423 7088

SEX WORK
SWEAT (Sex Workers Education and Advocacy Taskforce) 021 448 7875
Helpline: 0800 60 60 60
Women’s Legal Centre Johannesburg: 011 339 1099
Cape Town: 021 424 5660
Sonke Gender Justice 021 423 7088

LGBTQIA
Triangle Project 021 422 0255
Helpline: 021 712 6699
Gender Dynamix 021 447 4797
OUT 012 430 3272

A Guide for Journalists and Editors 41


MIGRANT RIGHTS
Scalabrini Centre of Cape Town 021 465 6433
UCT Refugee Rights Unit 021 650 5581
Sonke Gender Justice Johannesburg: 011 339 3589
Cape Town: 021 423 7088
International Organisation for Migration 012 342 2789
ALPS Resilience 021 701 0977
Adonis Musati 021 762 4886
United Nations High Commissioner for Refugees (UNHCR) 021 483 2783
Lawyers for Human Rights (LHR) 011 339 1960
People Against Suffering Oppression and Poverty (PASSOP) 021 418 2838
Consortium for Migrants and Refugees in South Africa 011 403 7560 / 0032 / 0033
(CoRMSA)
Legal Resources Centre Johannesburg: 011 836 9831
Cape Town: 021 481 3000

CHILD RIGHTS
Children’s Institute, University of Cape Town 021 650 1473
Centre for Child Law 012 420 4502
Sonke Gender Justice 021 423 7088
Teddy Bear Clinic 011 484 4554

RESEARCH ON GBV
Medical Research Council Gender and Health Research Unit Pretoria: 012 339 8526
Cape Town: 021 938 0445
Durban: 031 242 3600

Gender, Health and Justice Research Unit, University of Cape Town 021 406 6946

ADVOCACY NETWORKS
Stop Gender Violence: A National Campaign [email protected]
Shukumisa Coalition [email protected]

HATE CRIMES
Hate Crimes Working Group www.hcwg.org.za

42 A Guide for Journalists and Editors


APPENDIX F: Code of Ethics and
Conduct for South African Print
and Online Media
(Effective from January 1, 2016) these rights, in recognition of the struggles
that created them: the media, the public and
The Press Council of South Africa and the government, who all make up the democratic
Interactive Advertising Bureau South Africa state.
adopt the following Code for print and online
media (together referred to as “the media”). The media’s work is guided at all times by
the public interest, understood to describe
PREAMBLE information of legitimate interest or
importance to citizens.
The media exist to serve society. Their freedom
provides for independent scrutiny of the forces As journalists we commit ourselves to the
that shape society, and is essential to realising highest standards, to maintain credibility
the promise of democracy. It enables citizens and keep the trust of the public. This means
to make informed judgments on the issues of always striving for truth, avoiding unnecessary
the day, a role whose centrality is recognised in harm, reflecting a multiplicity of voices in our
the South African Constitution. coverage of events, showing a special concern
for children and other vulnerable groups,
Section 16 of the Bill of Rights provides that: exhibiting sensitivity to the cultural customs
of their readers and the subjects of their
1. Everyone has the right to freedom of reportage, and acting independently.
expression, which includes:

(a) Freedom of the press and other media; Chapter 1: Media-generated


content and activities
(b) Freedom to receive and impart
information or ideas;
1. GATHERING AND REPORTING OF NEWS
(c) Freedom of artistic creativity; and 1.1. The media shall take care to report
news truthfully, accurately and fairly.
(d) Academic freedom and freedom of
1.2. News shall be presented in context
scientific research.
and in a balanced manner, without
any intentional or negligent departure
2. The right in subsection (1) does not
from the facts whether by distortion,
extend to:
exaggeration or misrepresentation,
(a) Propaganda for war; material omissions, or summarisation.

(b) Incitement of imminent violence; or 1.3. Only what may reasonably be true,
having regard to the sources of the
(c) Advocacy of hatred that is based on news, may be presented as fact, and
race, ethnicity, gender or religion, and that such facts shall be published fairly
constitutes incitement to cause harm. with reasonable regard to context
and importance. Where a report is
The media strive to hold these rights in trust not based on facts or is founded
for the country’s citizens; and they are subject on opinion, allegation, rumour or
to the same rights and duties as the individual. supposition, it shall be presented in
Everyone has the duty to defend and further such manner as to indicate this clearly.

A Guide for Journalists and Editors 43


1.4. News should be obtained legally, apology or retraction, the original
honestly and fairly, unless public article may remain, but the publisher
interest dictates otherwise. must indicate in a prominent manner
that it has led to an apology or
1.5. The gathering of personal information retraction – and should link to both the
for the purpose of journalistic apology/retraction and the original
expression must only be used for this article.
purpose.
1.12. No person shall be entitled to have an
1.6. Media representatives shall identify article removed which falls short of
themselves as such, unless public being defamatory, but is alleged by
interest or their safety dictates such person to be embarrassing.
otherwise.
1.13. Journalists shall not plagiarise.
1.7. Where there is reason to doubt the
accuracy of a report or a source and 2. INDEPENDENCE AND CONFLICTS
it is practicable to verify the accuracy OF INTEREST
thereof, it shall be verified. Where 2.1. The media shall not allow commercial,
it has not been practicable to verify political, personal or other non-
the accuracy of a report, this shall be professional considerations to
stated in such report. influence or slant reporting. Conflicts
of interest must be avoided, as well as
1.8. The media shall seek the views of arrangements or practices that could
the subject of critical reportage in lead audiences to doubt the media’s
advance of publication; provided independence and professionalism.
that this need not be done where the
institution has reasonable grounds 2.2. The media shall not accept a bribe,
gift or any other benefit where this
for believing that by doing so it
is intended or likely to influence
would be prevented from reporting;
coverage.
where evidence might be destroyed
or sources intimidated; or because it 2.3. The media shall indicate clearly
would be impracticable to do so in when an outside organisation
the circumstances of the publication. has contributed to the cost of
Reasonable time should be afforded newsgathering.
the subject for a response. If the media
are unable to obtain such comment, 2.4. Editorial material shall be kept
this shall be reported. clearly distinct from advertising and
sponsored content.
1.9. Where a news item is published on
the basis of limited information, this 3. PRIVACY, DIGNITY AND REPUTATION
shall be stated as such and the reports 3.1. The media shall exercise care and
should be supplemented once new consideration in matters involving
information becomes available. the private lives and concerns of
individuals. The right to privacy may
1.10. The media shall make amends for be overridden by the public interest.
presenting information or comment
that is found to be inaccurate by 3.2. In the protection of privacy, dignity
communicating, promptly and with and reputation, special weight must
appropriate prominence so as to be afforded to South African cultural
readily attract attention, a retraction, customs concerning the privacy and
correction or explanation. dignity of people who are bereaved
and their respect for those who have
1.11. An online article that has been passed away, as well as concerning
amended for factual accuracy should children, the aged and the physically
indicate as such. In the event of an and mentally disabled.

44 A Guide for Journalists and Editors


3.3. The media shall exercise care and responsible adult, provided that such
consideration in matters involving disclosure is in the public interest and
dignity and reputation. The dignity it is in the best interests of the child.
or reputation of an individual should
be overridden only if it is in the 4. PROTECTION OF PERSONAL
public interest and in the following INFORMATION
circumstances: 4.1. For the purpose of this clause
“personal information” is as defined in
3.3.1. The facts reported are true or Section 1 of the Protection of Personal
substantially true; or Information Act 4 of 2013.

3.3.2. The reportage amounts to fair 4.2. The media should take reasonable
comment based on facts that steps to ensure that the personal
are adequately referred to and information under their control is
that are true or substantially protected from misuse or loss, and to
true; or prevent unauthorised access to such
information.
3.3.3. The reportage amounts to a fair
and accurate report of court 4.3. The media should ensure that the
proceedings, Parliamentary personal information they gather is
proceedings or the proceedings accurate, reasonably complete and up
of any quasi-judicial tribunal or to date.
forum; or
4.4. Where a person requests a correction
3.3.4. It was reasonable for the to be made to his or her personal
information to be communicated information under the control of
because it was prepared in a member, the media must take
accordance with acceptable steps to verify the accuracy of the
principles of journalistic conduct information and, if necessary, amend
and in the public interest. the information.

3.3.5. The article was, or formed part 4.5. Some personal information, such
of, an accurate and impartial as addresses, may enable others to
account of a dispute to which the intrude on the privacy and safety of
complainant was a party. individuals who are the subject of
news coverage. To minimise these
3.4. Rape survivors and survivors of sexual risks, the media should only disclose
violence shall not be identified without sufficient personal information to
the consent of the victim or in the identify the persons being reported in
case of children, without the consent the news.
of their legal guardians (or a similarly
responsible adult) and the child 4.6. Where it is reasonably suspected
(taking into consideration the evolving that an unauthorised person may
capacity of the child), and a public have obtained access to personal
interest is evident, and it is in the best information held by a member, the
interest of the child. media must inform the affected
person(s) and take reasonable steps to
3.5. The HIV/AIDS status of people mitigate any prejudicial effects.
should not be disclosed without
their consent. In the case of children, 5. DISCRIMINATION AND HATE SPEECH
the HIV/Aids status of the child 5.1. Except where it is strictly relevant
should not be disclosed without to the matter reported and it is in
the consent of the child (taking into the public interest to do so, the
consideration the evolving capacity of media shall avoid discriminatory or
the child) together with the consent denigratory references to people’s
of their legal guardian or a similarly race, gender, sex, pregnancy, marital

A Guide for Journalists and Editors 45


status, ethnic or social origin, colour, 8. CHILDREN
sexual orientation, age, disability, 8.1. The Bill of Rights (Section 28.2) in the
religion, conscience, belief, culture, South African Constitution states: “A
language and birth or other status, child’s best interests are of paramount
nor shall it refer to people’s status in a importance in every matter
prejudicial or pejorative context. concerning the child.” The media,
applying the spirit of this section, shall
5.2. The media has the right and indeed therefore:
the duty to report and comment on all
matters of legitimate public interest. 8.1.1. exercise exceptional care and
This right and duty must, however, consideration when reporting
be balanced against the obligation about children. If there is any
not to publish material that amounts chance that coverage might
to propaganda for war, incitement cause harm of any kind to a
of imminent violence, or advocacy child, he or she shall not be
of hatred that is based on race, interviewed, photographed or
ethnicity, gender or religion, and that identified without the consent of
constitutes incitement to cause harm. a legal guardian or of a similarly
responsible adult and the child
6. ADVOCACY (taking into consideration the
6.1. Members are justified in strongly evolving capacity of the child),
advocating their own views on and a public interest is evident;
controversial topics, provided that they
treat their constituencies fairly by: 8.1.2. not publish child pornography;
(Child Pornography is defined
6.1.1. making fact and opinion clearly in the Film and Publications
distinguishable; Act as: Any visual image or any
description of a person, real or
6.1.2. not misrepresenting or
simulated, however created,
suppressing relevant facts; and
who is or who is depicted or
6.1.3. not distorting the facts. described as being, under the age
of 18 years, explicitly depicting
7. PROTECTED COMMENT such a person who is or who is
7.1. The media shall be entitled to being depicted as engaged or
comment upon or criticise any actions participating in sexual conduct;
or events of public interest. engaged in an explicit display
of genitals; participating in or
7.2. Comment or criticism is protected assisting another person to
even if extreme, unjust, unbalanced, participate in sexual conduct
exaggerated and prejudiced, as long which, judged within context,
as it: has as its predominant objective
purpose, the stimulation of sexual
7.2.1. expresses an honestly-held arousal in its target audience or
opinion;
showing or describing the body or
7.2.2. is without malice; parts of the body of the person in
a manner or circumstance which,
7.2.3. is on a matter of public interest; in context, amounts to sexual
exploitation); and
7.2.4. has taken fair account of
all material facts that are 8.1.3. not identify children who
substantially true; and have been victims of abuse,
exploitation, or who have been
7.2.5. is presented in such manner that charged with or convicted of
it appears clearly to be comment. a crime, without the consent

46 A Guide for Journalists and Editors


of their legal guardians (or a 11.2. avoid the use of anonymous sources
similarly responsible adult) unless there is no other way to deal
and the child (taking into with a story. Care should be taken to
consideration the evolving corroborate the information; and
capacity of the child), a public
interest is evident and it is in the 11.3. not publish information that
best interests of the child. constitutes a breach of confidence,
unless the public interest dictates
9. VIOLENCE, GRAPHIC CONTENT otherwise.
9.1. Due care and responsibility shall be
exercised by the media with regard 12. PAYMENT FOR INFORMATION
The media shall avoid shady journalism in
to the presentation of brutality,
which informants are paid to induce them to
gratuitous violence, and suffering:
give the information, particularly when they
material which, judged within context,
are criminals — except where the material
should not sanction, promote or
concerned ought to be published in the public
glamorise violence or unlawful
interest and the payment is necessary for this
conduct, or discrimination based on to be done.
race, national or ethnic origin, colour,
religion, gender, sexual orientation,
age, or mental or physical disability. Chapter 2: User-generated content
9.2. Content which depicts violent crime 13. GUIDING PRINCIPLES
or other violence or explicit sex should 13.1. This section applies where a complaint
be avoided unless the public interest is brought against a member in
dictates otherwise, in which case respect of comments and content
prominent indication and warning posted by users on all platforms it
must be displayed indicating that such controls and on which it distributes its
content is graphic and inappropriate content.
for certain audiences such as children.
13.2. The media are not obliged to
10. HEADLINES, POSTERS, PICTURES AND moderate all user-generated content
CAPTIONS in advance.
10.1. Headlines and captions to pictures
13.3. All members should have a policy in
shall give a reasonable reflection of
place governing moderation and/or
the contents of the report or picture in
removal of user-generated content or
question;
user profiles posted on the platforms
(“UGC Policy”).
10.2. Posters shall not mislead the public
and shall give a reasonable reflection A member’s UGC Policy must be
of the contents of the reports in consistent with the Constitution of the
question; and Republic of South Africa.
10.3. Pictures and/or video or audio content 13.4. Members may remove any user-
shall not misrepresent or mislead nor generated comment, content or user
be manipulated to do so. profile in accordance with their UGC
Policy.
11. CONFIDENTIAL AND ANONYMOUS
SOURCES 13.5. A member’s UGC policy should be
The media shall: publicly available and:

11.1. protect confidential sources of 13.5.1. Set out the authorisation process,
information – the protection of if any, which users who wish to post
sources is a basic principle in a comments must follow as well as
democratic and free society; clearly setting out any terms and

A Guide for Journalists and Editors 47


conditions and any indemnity clauses 15.2. This defence will not apply in the
during such registration process; following circumstances:

13.5.2. Set out clearly the content 15.2.1. the complainant sent a written
which shall be prohibited; notice to the member in relation
to the content concerned, and
13.5.3. Explain the manner in which the
public may inform the member of 15.2.2. the member failed to remove
prohibited content. the content in accordance with
13.6. Members should, where practicable, clause 15.4 below.
place a notice on the platforms with
the aim to discourage the posting of 15.3. The written notice in clause 15.2.1
prohibited content. must:

13.7. The public should be informed that 15.3.1. be sent via email or letter to the
UGC is posted directly by users and particular address stipulated by
does not necessarily reflect the views the member;
of the member.
15.3.2. identify the content concerned
13.8. Users shall be encouraged to report and, in particular, specify where
content which they believe violates on the website the statement was
the provisions of the Member’s UGC posted; and
Policy.
15.3.3. must explain why the content
13.9. Online forums directed at children concerned is prohibited either in
and the young should be monitored terms of a member’s UGC Policy
particularly carefully.
or clause 14.2 above.
14. PROHIBITED CONTENT
15.4. Upon receipt of a written notice
14.1. Material constitutes prohibited
content if it is expressly prohibited in a complaining about UGC the member
member’s UGC Policy. must:

14.2. In addition to, and notwithstanding 15.4.1.remove the relevant UGC


anything to the contrary contained in from the platform as soon as
a member’s UGC Policy, content which operationally possible and notify
contains the following: the complainant that it has done
so; or
14.2.1. Propaganda for war;
15.4.2. decide not to remove the UGC
14.2.2. Incitement to imminent violence; and notify the complainant of
this decision.
14.2.3. Advocacy of hatred that is based
on race, ethnicity, gender or
15.5. Where a member has decided not to
religion, and that constitutes
remove the UGC:
incitement to cause harm
constitutes prohibited content
15.5.1. the complainant may complain to
for the purpose of this Code.
the Ombud in terms of clause 1.3
15. DEFENCE IN RELATION TO USER- of the Complaints Procedures;
GENERATED CONTENT
15.1. It is a defence, in relation to any 15.5.2. it will be treated as if the UGC
complaint brought to the Press had been posted by the member
Council regarding UGC, for the itself, and the member will be
member to show that it did not liable for such content if it is
itself author or edit the content shown to be prohibited in terms
complained of. of clause 14 above.

48 A Guide for Journalists and Editors


APPENDIX G: How to Lodge a
Complaint with the Press Council
To lodge a complaint with the Press Ombudsman of the Press Council and to view the
complaints procedure, you can only do so online at: http://www.presscouncil.org.za/
Complaints?prev=https%3A%2F%2Fptop.only.wip.la%3A443%2Fhttp%2Fwww.presscouncil.org.za%2F

The information you need to lodge a complaint includes:

1. Publication name

2. Publication date

3. Headline

4. Complaint

5. Upload file (choose the file of the publication)

6. First name

7. Surname

8. Telephone number

9. Work number

10. Cell phone

11. Email address

12. Physical address

13. Postal address

A Guide for Journalists and Editors 49


APPENDIX H: How to Lodge a
Complaint with the Broadcasting
Commission
Information on the criteria and process of The Registrar shall only accept a complaint:
lodging a complaint with the Broadcasting
· Which is not anonymous, or which, in
Commission of South Africa (BCCSA) can be
his or her opinion, is not fraudulent,
found online at: https://bccsa.co.za/criteria- frivolous, malicious or vexatious;
for-a-complaint/.
· Which is directed at a signatory of the
Complaints must be made to the Registrar BCCSA Code;
in writing and it is important to provide full
· Which does not concern an
details. advertisement broadcast by a
signatory who is also subject to the
If you see or hear something that concerns you, Code of the Advertising Practice of the
write down the following details: Advertising Standards Authority of
South Africa.
· The date and time and channel of
broadcast Once you have written the complaint, including
· The name of the broadcast the necessary information outlined above,
programme as well as your physical address and contact
numbers, you can post, email or fax it to the
· Examples of the material within the following:
context that might have contravened
the Code of Conduct of the BCCSA Broadcasting Complaints Commission of
South Africa
A written complaint shall be made as soon as
PO Box 412365, CRAIGHALL, 2024
possible, but not later than 30 calendar days
Fax Number: (011) 326 3198
after the date of broadcast. The Registrar
e-mail address: [email protected]
may upon reasonable grounds accept late
complaints if in his or her opinion there is good
and satisfactory explanation for delay.

50 A Guide for Journalists and Editors


Notes

A Guide for Journalists and Editors 51


Notes

52 A Guide for Journalists and Editors


Survivors’ Support Service
through Izwi Lami
Health-e News has developed a Survivors’ Support Service: a USSD (Unstructured
Supplementary Service Data) service and online map that provides a directory of
all Thuthuzela Care Centres, hospitals, 24-hour clinics and shelters for survivors of
sexual violence survivors across the country.

This is part of Health-e’s ‘Izwi Lami’ (‘My Voice’) campaign to ensure that rape
survivors get the medical services and support that they need and are entitled to.

The map can be found here: https://www.health-e.org.za/survivor-support/ and


the free and anonymous USSD code to dial is *134*334# from any cellphone, or
Whatsapp ‘Izwi Lami’ to 060 069 2788.

How to use it
For the map, users can search for locations either by typing in a city, town or address
on the website, or selecting the checkbox of either ‘Shelters’, ‘TCC’ (Thuthuzela Care
Centre) or ‘Hospitals/Clinics’. Once a facility is selected, the address and contact info
of the facility is displayed.

Users are given a checklist of services that they might need if they have been raped,
including emergency contraception, HIV test (and ARVs within 72 hours if they are
HIV negative), vaccinations against tetanus and hepatitis B, antibiotics for sexually
transmitted infections and counselling.

Users can click on the ‘Rate this facility’ link and give a rating out of five for the
treatment they received at the facility, and are also invited to leave a comment.
Whistleblowers can also use this to report problems with facilities. This data will be
collated and shared with partner organisations and the Department of Health.

As the map requires data or wifi, Health-e emphasizes the importance of the free and
anonymous USSD which is available from any mobile phone, and is in five different
languages. Just dial *134*334# from any cellphone. The public is urged to save the
code on their phones for cases of emergency.
RAPE
SURV IV O RS’
RT SE
SUPPO RVICE
Ge t th e su pp o rt yo u need
Find rape support
services like shelters,
*134*
clinics, counselling,
medical care and more.
334# DIAL*134*334#
FREE & ANONYMOUS
from any mobile phone

or Whatsapp ‘Izwi Lami’ to 060 069 2788


Rate your experience on our interactive map with services available across the country:

www.health-e.org.za/survivor-support/

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