One of the critical ingredients of democracy is openness which is anchored on freedom of expression and the right of the people to know. This freedom is enshrined in the Constitutions of democratic countries and recognised under international law as a universally acceptable fundamental human right. Therefore the right to access and share information has become an inalienable right of the people. The wind of change blowing across the Arab World is mainly a reaction to the closed nature of their societies and the desire of the people to have a say in their affairs. It is therefore a worrying development, that at a time when the world is moving away from policies and practices that impinge on personal liberties, the South African Government, with the connivance of the Parliament, is on its way to enacting a law which not only seeks to curtail freedom of expression but also criminalises access to and sharing of information. We believe that as conceived, the Protection of State Information Bill in South Africa would negate freedom of expression and would not in any way help the cause of democracy. It is quite unfortunate that this is happening in a country where the people fought a long battle against segregation and repressive laws that curtailed the freedom of expression and movement in the apartheid years. While we concede that certain information pertaining to national security be published with circumspection, there are, however, critical sections in the Bill diametrically opposed to the tenets of an open society. The most appalling in the obnoxious contents of this Bill is that which prohibits the publication of classified documents even if the information could be in the interest of the public. It allows the government to classify almost any category of information as secret. Anyone found to be in breach of certain aspects of this 'secrecy bill' risks a jail term of up to 25 years. Neither the pleading of public interest nor the truthfulness of the information so "illegally" published or shared will absolve anyone charged under the law from being punished. The Bill, in our opinion, is a throwback to the law of sedition which still exists in some countries. Such laws should be trashed as they have become tools in the hands of repressive and authoritarian regimes. Already, some sections of the South African society believe that the Bill is targeted at people who are calling on government to provide explanation for its actions and render account of its stewardship. Citizens, for sure, are not asking for too much whenever they ask their government to provide information on issues that affect their general well-being or express opinions on what is going on in their society. Given the proclivity of those in power to exploit such laws, it may be used to silence perceived opponents of the government and restrict sharing and access to information on government and its activities. Under the guise of such a law, perceived opponents may become targets just for criticising government and they may lose their liberty in the process. There are enough laws in the statute books and the Constitution of South Africa to deal with issues relating to conduct and expression of public opinion. Enacting a new law for the sole purpose of regulating the free flow of information is needless.It is not too late for the Government of President Jacob Zuma to heed the advice of members of the human rights community and South Africans who have called for the abandonment of the proposed legislation. The assault on the fundamental rights of the people through such draconian measures must not be allowed to stand.
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