Complaints.

General information

About what and against whom can complaints be made?
The Press Council’s complaints mechanism is about alleged breaches of the Press Code in material published by print and/or online publications that subscribe to the jurisdiction of the Press Council.

Complaints are lodged agaist publications, not individual journalists or editors.

If your complaint is about a broadcast on TV or radio, please contact the Broadcasting

If your complaint is about an advertisement, please contact
Who can lodge a complaint?
Persons or bodies of persons may lodge a complaint if they have standing in terms of the following rule:

Anyone acting in their own interest;

Anyone acting on behalf of another person who cannot act in his or her own name;

Anyone acting as a member of, or in the interest of, a group or class of persons, and

An association acting in the interest of its members.

Please note: If the complaint is lodged in accordance with any of the last three bullets above, a motivation/proof (eg. on an official letterhead) of the standing must accompany the complaint.

This is also applicable where a complaint is lodged by a legal representative or a professional representative, eg. an official spokesperson.
When and how can a complaint be made?
TIME FRAMES:

A complaint should be made as soon as possible, but not later than 20 working days after the date of publication.

If the complaint is late, condonation may be sought by submitting a good and satisfactory explanation for the delay.

PENDING AND CONTEMPLATED LEGAL PROCEEDINGS:

The Press Council does not expect a complainant to waive the Constitutional right to institute legal proceedings againsr a publication, but it may defer acceptance of the complaint, pending the finalisation of such pending or contemplated legal proceedings.

A complainant must thus complete a questionnaire in this regard when lodging the complaint.

HOW CAN A COMPLAINT BE MADE?

Complaints can be made by completing and submitting the online Complaints Form.

Provision is made for attachments, which includes a copy of, or link to, the article complained about.

Alternatively, the complaint can be sent to [email protected].

If the above is not possible, the Press Council’s Public Advocate can be contacted at 011 484 3612.

The Public Advocate will assist members of the public to formulate their complaints, especially with regard to sections of the Press Code allegedly breached.

COMPLAINTS LODGED BY LEGAL AND OTHER PROFESSIONAL REPRESENTATIVES:

When complaints are lodged by legal and other professional representatives, the Public Advocate will advise that only complaints submitted in accordance with the Press Council’s Complaints Procedures will be accepted.

EXCESSIVE LENGTH AND ANNEXURES:

It is of the essence of the Press Council’s complaints mechanism that:

Complaints be considered and mediated or adjudicated on within the shortest possible time after the publication of the matter giving rise to the complaint, and

Complaints be considered and mediated or adjudicated on in an informal manner.

In the light of the above, the Public Advocate will advise complainants (especially legal representatives) that excessive, lengthy complaints and/or annexures should be revised before it will accepted.

A complaint should normally not exceed 5 A4 pages.

Even complicated complaints should not exceed 10/15 A4 pages.

PERSONAL INFORMATION:

The Press Council will use personal information submitted by a complainant only for the purpose of mediating and/or adjudicating the complaint.

It will take reasonable steps to ensure that the personal information under its control is protected from misuse, loss and unauthorised access.

It is the responsibility of complainants to indicate when making a complaint if they wish some details to be kept confidential from the publication or not to be published in any Council adjudication on the matter.

The Public Advocate will inform the complainant whether this will be possible or not. The complainant can then decide whether to proceed with the complaint or not.
Handling of complaints

ROLE OF THE PUBLIC ADVOCATE:

All complaints are received by the Press Council’s Public Advocate who will assist members of the public to formulate their complaints.

He/she may decline to accept a complaint if there is no prima facie breach of the Press Code.

After accepting the complaint, the Public Advocate will attempt to resolve complaints amicably by liaising directly with the publication on behalf of the complainant.

If an agreement cannot be reached within a reasonable time, the matter will be forwarded to the Press Ombud or a Deputy Press Ombud for adjudication.

The Public Advocate will, throughout the entire process, also at the Press Ombud and the Appeals Panel level, advise and assist the complainant, if the complainant agrees.

ADJUDICATION BY THE PRESS OMBUD:

If an amicable agreement cannot be reached, the Public Advocate will forward the complainant the publication’s response and the complainant’s further response to the Press Ombud or a Deputy Press Ombud for adjudication.

The matter will be adjudicated either on the papers or a hearing will be convened, where the Press Ombud or Deputy Press Ombud will be assisted on the Adjudication Panel by two members of the Panel of Adjudicators, one a public representative and the other a press representative.

APPEAL PROCESS:

Either party may apply for leave to appeal the decision of the Press Ombud or Adjudication Panel. If the Chair of Appeals grants leave to appeal, he will convene an appeal hearing, where he will be assisted on the Appeals Panel by one press representative and up to three public representatives of the Panel of Adjudicators.
Complaints Procedures

Complaints Procedures

Promoting press freedom.

Sanctions

A hierarchy of sanctions are applied from Tier 1 to Tier 3.

Tier 1
Tier 1 involves minor breaches, including:

wrongly spelled names, and

minor factual errors that do not change the thrust of the story

Sanctions may include an apology on any inside page, but not on the front page – or, in the case of an online publication, the home or landing page – as directed by the Ombud or the Chair of Appeals.
Tier 2
Tier 2 involves serious breaches, including:

views of subjects of critical reportage not sought, and

inaccurate or unfair reporting

Editors are allowed to draft their own apologies but these have to be approved by the Ombud, who makes the final decision.

In imposing a sanction for publication on the front page, the publication’s design should be taken into account, allowing for a page 1 teaser and continuation on an inside page.
Tier 3
Tier 3 involves serious misconduct, including:

allowing commercial, political, personal or other non-professional considerations to influence or slant reporting, and

the publishing of child pornography

In addition to the sanctions from Tier 2, the Ombud or the Chair of Appeals may impose a ‘space sanction’ for a Tier 3 offence. A ‘space sanction’ ranges from a few centimetres to a full page for the complainant or the Press Council to use as determined by the Ombud or the Chair of Appeals.

Monetary fines are not imposed as a penalty for the content of the press. However, monetary fines according to a formula determined by the Press Council, and/or suspension for a period, or expulsion from the jurisdiction of the Ombud, may be imposed as sanctions for a respondent’s failure to appear for adjudication hearings and repeated non-compliance with the rulings of the adjudicatory system.

If a publication is reinstated because it complied with the conditions and then it defaults again within 12 months, it would immediately be expelled from the system.

When the Ombud finds that a publication is a repeat offender, he or she will specifically point this out in the ruling.

The Ombud may recommend that the Press Council convene a hearing to inquire into repeated offences and ask the offender for an explanation and a plan to revent recidivism.

Apologies & corrections

The Press Council has noted that members have different practices with respect to the publication of apologies and corrections that have not been ordered by the Ombudsman.

Please read our full guidance note for all the information issued by the Press Council to assist members with deciding on the placement, prominence and content of apologies they decide to publish after it has been brought to their attention by members of the public that incorrect information has been published or that an aspect of the Press Code of Ethics and Conduct for South African Print and Online Media has been breached.

The Press Council’s Public Advocate will also rely on these guidelines in interactions with publications to resolve and settle complaints on behalf of the public.

Download our guidance note here

25/01/2021

Guidance note on publication of apologies and corrections

Guidance Notes, Media resources, Updates