IOL granted leave to appeal Press Council ruling on Renaldo Gouws
In a victory for IOL, the Press Council of South Africa's Appeals Panel has granted the publication leave to appeal a ruling against it regarding its report on axed DA MP Renaldo Gouws.
The Press Council Deputy Ombudsman had found IOL had contravened clauses 1.8, 1.9, 2.1, and 10.2 of the Press Code. In the same ruling, the Press Council dismissed complaints relating to accuracy, truthfulness and fairness in its report WATCH: “Kill the k*ffirs, kill all the f**ing n*ggers!”: New racist video of DA MP Renaldo Gouws surfaces.
Gouws had initially sought relief from the Press Council, but IOL refused to issue an apology to Gouws, choosing instead to appeal the ruling.
Chairperson of the Press Council’s Appeals Panel Judge Bernard Ngoepe was scathing in his granting of leave to appeal the deputy ombudsman’s ruling, saying IOL’s case had “reasonable prospects of success on appeal”.
“This decision represents a significant victory,” said IOL in a statement, “not just for us but for press freedom and the principle of holding public representatives accountable.”
Gouws had initially argued the context in which he used the words “k*ffir” and “n*gger” needed to be considered while IOL argued that the “very use of the word ‘k*ffir’ by the respondent was, by its nature, hate speech”.
“IOL then referred to a decision of the Constitutional Court,” Judge Ngoepe continued in his finding. “I hasten to add that this argument alone, impacts on the prospects of success before the Appeals Panel.”
Judge Ngoepe also rejected Gouws’ argument of “context” being critical to understanding his use of the word “k*ffir”, further cementing IOL’s argument.
“The starting point must be that Mr Gouws did make at least some of the offending remarks, context or no context,” Judge Ngoepe continued. “That is one of the considerations to render the matter arguable before the Appeals Panel. Even as he was given the time within which to respond, it can be reasonably argued that he ought to have been aware that he had indeed made at least some of those offending remarks,” read the ruling.
IOL said: “At IOL, we remain committed to responsible journalism. We are neither in the business of sensationalism nor of undermining context when it is relevant. Our investigation into this matter went beyond the surface, confirming the legitimacy of the video. Mr. Gouws' attempts to dismiss the video as AI-generated or manipulated, and his arguments for a curated context were also carefully considered, and found wanting.
“The balanced and thorough consideration of the facts vindicated our confidence in the process. We stand by our story, back our journalists, and will NEVER apologise or kowtow to racism.”
Following IOL’s reportage, Gouws was suspended by the DA and subsequently expelled from the party shortly after being elected to the National Assembly.
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