Eric Mkhunjulwa vs. Ladybrand Rekord

SUMMARY

The headline to a post on Twitter read, BREAKING NEWS: MUNICIPAL SPOKESPERSON BEING INVESTIGATED BY TWITTER FOR RACIAL REMARKS (posted in January 2016).

This ruling by Deputy Press Ombud Paula Fray was based on the Press Code that was in effect before 30 September 2022.

 

A Facebook update alleged that Twitter was investigating a tweet of Ladybrand municipal spokesperson Eric Mkhunjulwa who “created and posted a photoshopped and edited version of a post” about waterleaks in town, originally posted by a DA councillor.

Mkhunjulwa complained that:

• he did not get a right of reply;
• the report was misleading, untruthful, unfair and biased in that he had not photoshopped a photograph and edited a comment, and that Twitter was investigating him in this regard; and
• the report was demeaning to him and to his office as it incited racial tensions in the area.

Fray said it was important to note that media were held accountable to the Press Code even when publishing on social media.

She said there was no evidence that the newspaper had independently verified the claims made in its Facebook update. The information in the headline and story – that Mkhunjulwa was being investigated by Twitter – could not be proved.

She also said that the publication was in breach of the Press Code for not giving Mkhunjulwa an opportunity to respond to the allegations.

The Ladybrand Rekord was directed to apologise to the complainant. It also had to update the original status to indicate that it was incorrect “and therefore retracted”.

 

THE RULING ITSELF

This ruling is based on the written submissions of Ladybrand municipal spokesperson Eric Mkhunjulwa and those of Gerhard Olivier, on behalf of the Ladybrand Rekord newspaper.

Complaint

Mkhunjulwa complains about a Facebook update posted in January 2016 with the headline: BREAKING NEWS: MUNICIPAL SPOKESPERSON BEING INVESTIGATED BY TWITTER FOR RACIAL REMARKS

He complains that:

·       he was not contacted regarding the allegations;

·       the report was misleading, untruthful, unfair and biased in that he had not photoshopped a photograph and edited a comment, and that Twitter was investigating him in this regard; and

·       the report was demeaning to him and the office he works in as it incited racial tensions in the area.

The update

The Facebook update alleges that Twitter is investigating a tweet of Mkhunjulwa who “created and posted a photoshopped and edited version of a post” originally posted by a DA councillor Tania Halse about waterleaks in Ladybrand. A local  resident Joan Hesketh commented that qualified persons who retired before 1994 be recalled to train current municipal employees. The Ladybrand Rekord then reports, inter alia, that “Mkhunjulwa took the post, photoshopped the post by including a photo of the old South African flag and the logo of the Democratic Alliance (DA) creating the impression that Hesketh is a DA member…”. The update includes a screengrab of the Twitter post.

It includes the statement that Twitter has supplied The Ladybrand Rekord with the case number.

The arguments

Mkhunjulwa says no attempts were made to contact him ahead of publication so that he could refute the claim that he had photoshopped a photograph or edited a comment.

He adds, “It is in my best knowledge that Twitter is NOT investigating me thus the paper is misleading its readers to further an unknown motive.”

Analysis

It is important to note that media are held accountable to the full Press Code even when publishing on social media.

There was no evidence that the newspaper had independently verified the claims made in its Facebook update or attempted to give the complainant an opportunity to respond to the allegations.

Despite repeated telephonic and e-mail requests, The Ladybrand Rekord was not able to supply the office with a case number from Twitter. It provided e-mails from the local DA councillor as support for the allegations.

The Preamble of the Press Code notes: “As journalists we commit ourselves to the highest standards, to maintain credibility and keep the trust of the public. This means always striving for truth, avoiding unnecessary harm, reflecting a multiplicity of voices in our coverage of events, showing a special concern for children and other vulnerable groups, exhibiting sensitivity to the cultural customs of their readers and the subjects of their reportage, and acting independently.”

The Code is clear that in gathering and reporting of news, the media must take care to report news truthfully, accurately and fairly. Only that which may reasonably be true should be presented as facts.

The information in the headline and story – that Mkhunjulwa was being investigated by Twitter – could not be proved.

The Code is also clear that the media should seek the views of the subject of critical reportage “in advance of publication”. There is no evidence that this could not be done in this case.

The Press Code notes that the media shall make amends for presenting information or comment that is found to be inaccurate by communicating, promptly and with appropriate prominence so as to readily attract attention, a retraction, correction or explanation.

Finding

The complaint is upheld as it is in breach of the following sections of the Press Code:

·       1.1: The media shall take care to report news truthfully, accurately and fairly.; and

·       1.8: The media shall seek the views of the subject of critical reportage in advance of publication; provided that this need not be done where the institution has reasonable grounds for believing that by doing so it would be prevented from reporting; where evidence might be destroyed or sources intimidated; or because it would be impracticable to do so in the circumstances of the publication. Reasonable time should be afforded the subject for a response. If the media are unable to obtain such comment, this shall be reported.

Seriousness of breaches

Under the headline Hierarchy of sanctions, Section 8 of our Complaints Procedures distinguishes between minor breaches (Tier 1), serious breaches (Tier 2) and serious misconduct (Tier 3). The breaches of the Press Code as indicated above are Tier 2 offences.

Sanction

The Ladybrand Rekord is directed to apologise to the complainant on its Facebook platform and any other platform where the information was shared. The newspaper must also update the original status to indicate that it is incorrect and therefore retracted.

Appeal

Our Complaints Procedures lay down that within seven working days of receipt of this decision, either party may apply for leave to appeal to the Chairperson of the SA Press Appeals Panel, Judge Bernard Ngoepe, fully setting out the grounds of appeal. He can be contacted at [email protected].

Paula Fray

Deputy Press Ombudsman