gisw13_chapters

a threat to the South African public’s right to know.Despite making some gains, the campaign stillnotes that the current bill includes flaws in terms of:• The delegation of powers in terms of classificationof information: the current bill is too broadin defining who can classify information as beingrestricted to state security services.• The actual definition of what constitutes “nationalsecurity” is still open to loopholes that couldlead to abuse, and classifiers are not compelledto justify their reasons for determining informationas state secrets. The classification reviewpanel which will be created will not be sufficientlyindependent, as the selection of members andthe rules of the panel will be reviewed by membersof the state security apparatus.• The definition of national security includes “theexposure of a state security matter with the intentionof undermining constitutional order”.This remains extremely broad and could resultin the State Security Agency classifying all activitiesas secret.• The bill makes possession and disclosure ofclassified information by any person a crime,without the provision of a “public-domain” defence.The Right2Know campaign sees this ashindering the balance between citizens’ rightsto access to information and freedom of expressionand national security. The exemptions interms of public interest disclosures do not gofar enough as, for example, whistleblowers,journalists or activists who disclose classifiedinformation in the public interest could still befound guilty of espionage, or of receiving stateinformation unlawfully. 2In essence, the Protection of Information Bill is worrisomefor women and sexual minorities in SouthAfrica. Coming from the understanding that guaranteesto the right of freedom of expression andaccess to information are the basis for a strongdemocracy and active citizen participation in democraticprocesses, including the participation of themarginalised and of minorities, the Secrecy Bill as itstands will restrict people’s capacity to monitor andto hold governments to account for decisions.Despite South Africa’s commitment to women’sempowerment and gender equality throughits national policy framework, 3 challenges tothe patriarchal order and the expression of2 www.r2k.org.za/2012/11/28/guide-why-secrecy-bill-fails/3 www.info.gov.za/otherdocs/2000/gender.pdfnon-heteronormative positions are often met withintolerance and violence. In its report on freedom ofinformation and women’s rights in Africa, FEMNETargues that there are no major women’s rights organisationschampioning access to information. 4FEMNET here identifies a critical gap for the futureactivities of the Right2Know campaign in making aclear link between women’s rights in South Africaand access to information. The capacity for SouthAfrican women to monitor the government’s effortsto fulfil commitments that affect women’s rights,such as the Millennium Development Goals andthe Convention on the Elimination of All Forms ofDiscrimination against Women (CEDAW,) and to effectivelyadvocate women’s social, economic andpolitical rights and mechanisms that take actionagainst violence against women, will be effectivelycompromised if the Secrecy Bill enables governmentbodies to restrain access to information underthe guise of national security.The right to communicate, access tocommunications and censorshipDue to various factors in the South African telecommunicationssector, namely the failures of Telkom (thestate, partly-privatised phone operator), and poor infrastructurein previously “black” areas, mobile phoneusage has taken over most of voice communicationsin the country. Introducing the prepaid option for mobilecommunication, allowing users with no airtimeon their mobile phones to still receive calls, and theavailability of low-denomination airtime cards haveled to exponential growth in the penetration of mobilephones in the country. In 2012, 87% of the populationused a mobile phone, with the majority of users beingon prepaid plans. However, this incredible pervasivenessof mobile technology in the country does nottranslate to affordability for users. Compared to similarcountries, studies have shown that the cost of SMSand calls in South Africa are amongst the highest. TheRight2Know campaign emphasises that “the lack oftransparency about pricing has allowed operators tocontinue these practices [high user costs] relativelyunchallenged.” 5Gillwald, Milek and Stork 6 note that due to theirmore precarious economic situation, women in Africa4 Hambuba, C. and Kagoiya, R. (2009) Freedom of Information (FOI)and Women’s Rights in Africa, FEMNET and UNESCO, Nairobi5 Right2Know (2013) The Right 2 Communicate: Activist Guide.6 Gillwald, A., Milek, A. and Stork, C. (2010) Gender Assessmentof ICT Access and Usage in Africa and Stork, C., Calendro, E. andGillwald, A. (2012) Internet going mobile: Internet access andusage in eleven African countries, in 19th ITS Biennial Conference,Bangkok, Thailand: Moving Forward with Future TechnologiesOpening a Platform for All.209 / Global Information Society Watch