Johannesburg – The climate of fear and distrust in the corridors of the SABC has gone a notch up, with employees “forced” to agree to have their communication intercepted and monitored by the public broadcaster.
A fresh storm over allegations of spying on journalists has hit the SABC, just months after it emerged that the corporation had resolved to use the State Security Agency to manage leaks of information.
This publication has seen contracts in which the organisation made workers sign consent for their communication to be intercepted, monitored, read, saved or acted upon when stored on the equipment that belongs to the corporation, among others.
The interception and surveillance of journalists includes their e-mails, SMSes, telephone and cellphone conversations.
“Communications shall include incoming and outgoing e-mail messages, attachments to incoming and outgoing e-mails, hyperlinks in incoming and outgoing e-mail messages, cellphone short message services [SMSes], telephone conversations, cellphone conversations and access to internet sites and communication- related information stored on any equipment such as computers, laptops, palmtops and cellphones of the SABC,” reads clause 23 of the new contracts of SABC staff.
“The SABC rights detailed in this clause [23] shall apply only if such communications occurred on, through, or from the equipment or property of the SABC,” the contract adds.
However, no reasons are outlined on why the draconian clause was introduced. In terms of the country’s laws, interception is normally done for investigation of serious crimes.
On Tuesday, the Broadcasting, Electronic, Media & Allied Workers Union (Bemawu) wrote to the SABC management opposing the clause. Bemawu president Hannes du Buisson said it was unacceptable for an employer to spy on staff members as it infringed on their constitutional rights and the Cybercrime Act.
“If an employee has done something wrong, the employer can get a warrant to access or intercept communication. This serves before a judge. So it’s something that will be judicially considered,” he said.
He said SABC journalists would have a difficult time speaking to their sources now that confidentiality was no longer guaranteed .
Right2Know’s media freedom and right to communicate organiser Lazola Kati said they do not support surveillance of any kind.
“Surveillance is surveillance and has no place in a democratic country. We cannot allow in 2021, in a democratic country that is an avid defender of media freedom, to allow a public broadcaster to violate journalists’ privacy to this extent,” said Kati.
SABC group executive for corporate affairs and marketing Gugu Ntuli defended the clause, saying it was meant to protect the intellectual property of the organisation.
“The clause in question is applicable to all employees and not targeted to journalists. It is not in any way intended to be used to infringe on the work, independence and impartially of employees including journalists’. It is a clause effected and operationalised in accordance with SABC policies whilst upholding our country’s laws .”
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