The digital age allows a large world to be placed in the palm of your hand. The ease and magnitude to which consumers are gainful of information, news, headlines, events and, sprinkled in between, opinions of others, makes the day and age in which we live in difficult to distinguish factual reality from subjective opinions. The famous words of Donald. J. Trump wherein he declares every other news headline about him as “Fake news”, bears some relevance to what we as consumers do need to consider.

It is not to say that every news-outlet out there sends out volumes of unsubstantiated headlines.

The relevance of Trump’s allegations are founded in the distressing events of his own attempted assassination. The former president of the United States, and nominee for the 2024 election of the country was the target of an assassination attempt on 13 July 2024 at an organised political rally.

Since the breaking news of the attempt on Trump’s life, the news has spread wildly into the four corners of the globe. Each subsequent headline claiming bolder allegations of what had transpired. The news is being covered by major-high-funded news outlets, along with independent journalists, and even a viral sensation of persons sending out their own thoughts and opinions. This, somewhat maze-like, series of news sources cannot each be just as correct or stooped in facts as the next.

The news has been confounded with conspiracy theories from supporters of the opposing party of that of Trump, along with apparent headlines laying claim to an “Iranian plot to kill Trump” mixed in between. Where does this leave the average consumer, as well as the average person speaking his own “2-cents” in the matter?

The right to Freedom of Expression is founded in our Constitution, Section 16 as contained in the Bill of Rights. This is defined in the Constitution as:

Freedom of expression

16. (1) Everyone has the right to freedom of expression, which includes—

(a) freedom of the press and other media;

(b) freedom to receive or impart information or ideas;

(c) freedom of artistic creativity; and

(d) academic freedom and freedom of scientific research.

South African journalism and publication of news is regulated by three distinct institutions, they being the Press Council, Broadcast Complaints Commission (BCC) and the Digital Media and Marketing Association (DMMA). From these institutions several codes of conduct have been formed for news-outlets to follow in the course and performance of journalism and reporting. The institutions, although having individual and separate codes, have likened similarities between one another. Such example is to “report news truthfully, accurately and fairly”. This is the water mark that good journalism is to be founded on.

The ease to which any individual may lay claim to a journalistic headline through media such as Facebook, Twitter (now called “X”), Instagram and other social media platforms holds hazards for the integrity of journalism. Not all persons makes statements are bound by the same codes of conduct as others.

The duty of care placed on journalists can be seen in the case of Kreel v MixFM [2017] JOL 38272 (BCCSA). The Court adjudicated and made the following remarks:

“One of the basic principles of good journalism is that news stories should be verified. Proper verification shows the journalist’s respect for the audience. It allows the audience to judge the validity of the information, the process by which it was secured and the potential motives or biases of the source.

A golden guideline for journalists is to provide information in such a way that the audience can assess it and then make up their own minds what to think.”

This is the duty of care which is placed on journalists. This is also a responsibility placed upon normal consumers. The audience should be placed in a position to assess information and “make up their own minds”, and the audience should exercise the opportunity to assess information critically. We turn to the news of Donald Trump’s assassination attempt one last time. An indicator of the amount of criticism to be used is, of course, who is the source of such news. Although the media should place before the audience only verified and factually fair news, the audience should investigate and come to their own conclusions critically in relation thereto. This being the benchmark for news-coverage, to even humorous Tweets.

Freedom of Expression