Mvusi Sicwetsha vs. Daily Dispatch

SUMMARY

This ruling by Press Ombud Johan Retief was based on the Press Code that was in effect before 30 September 2022.

Retief wrote to the editor of the Daily Dispatch, saying he agreed with Mvusi Sicwethsha – the text was his opinion. He remarked that  a publication should not add or distract from a person’s text on the basis that it disagreed with that author (as had happened in this case).

He emphasised that that an apology would not be necessary – some clarification, though, would be fair. The Ombud concluded, “You are free to disagree with me … in which case I shall have to come to a formal finding.”

THE RULING ITSELF

Dear Bongani

I have studied all the relevant material and have come to the conclusion that we can do this the long or the short way.

(Mvusi Sicwetsha)

I agree with Mvusi – the text was his opinion, and the omission of such an important word as “legitimate” (given the particular context), as well as the addition to his text, indeed may have distracted from what he wanted to say.

As always, I have taken your arguments seriously – but the fact of the matter is that a publication should not add or distract from a person’s text on the basis that it disagrees with that author (as has happened in this case). It is a different matter, of course, if text is edited (shortened) while the message remains the same.

Also, the decision lies with the newspaper to publish or not. You had all the right in the world not to publish Mvusi’s text. But once you have decided to do so, the meaning should not be altered nor should the edited version create such a possibility.

He is not asking for an apology, but merely for some clarification – which, I submit, is only fair.

You are free to disagree with me (and indeed to proffer some more arguments to motivate the newspaper’s case), in which case I shall have to come to a formal finding.

Kind regards

Johan