Thami Mdwaba vs The Citizen
Dear Mr Mdwaba
Your complaint against the picture published on page 4 of the Citizen (February 15, 2011) refers.
While I can understand – and appreciate – your concern, I have decided to dismiss your complaint.
This is why:
- For me, the focus of the picture is not on the child’s gender – for that, the child would have featured much larger;
- The purpose of the picture is much rather that of poverty;
- This is supported by the first word of the caption, namely CHILLING – it indeed is a chilling picture;
- The allegation that, if the child was a girl the picture would not have been published, is an assumption that I therefore do not share;
- Your remark that we should stop child abuse is not relevant – there is no sign that the child was abused;
- The child is not identified; and
- The exact address is not identified.
There is nothing in the Press Code that prohibits the publication of a picture such as this one, as it:
- cannot be construed as indecent or obscene (Art. 1.7);
- does not present sexual conduct (Art. 1.7.1); and
- cannot be construed as child pornography (Art. 1.7.2)
You can ask the chairman of the Press Appeals Panel, Judge Ralph Zulman, for leave to appeal. In that case, write to [email protected], fully setting out your grounds for the application.
Kind regards
Johan