Does POPIA apply to journalists? If POPIA does not apply to you, what must you consider when processing personal information? These are two important questions to ask if you are a journalist who has concerns about the personal information you are processing.

POPIA does not prevent journalists from processing personal information for journalistic purposes. There are two exclusions where POPIA does not apply to journalists or media houses.

The Journalism Exclusions in POPIA

Parliament did not want POPIA to restrict press or media freedom and therefore added exclusions.

A person can lawfully process personal information for journalistic purposes without complying with POPIA if it is in the public interest or they are subject to a code of ethics (like the Press Code). POPIA itself provides exclusions relating to journalists. These exclusions raise questions for the media and its responsibility to protect personal information. These exclusions have limitations, and as a journalist, you need to ensure you proceed carefully. As a result, you must always balance the right to privacy and the right to freedom of expression.

These exclusions apply to your processing of the information for journalistic purposes. However, you may process personal information for other purposes, and in those cases, POPIA will apply. For example, POPIA applies to journalists or media houses when you process your employees’ HR information.

If a code of ethics applies to you, as POPIA mentions in the second exclusion, you need to ensure you comply with it. The code must also provide adequate safeguards for processing personal information; otherwise, someone may challenge it.

The Press Code

Is the Press Code a code of ethics with adequate safeguards?

The Press Code applies to journalists, or rather their media houses, that subscribe to “The Code of Ethics and Conduct for South African Print and Online Media”. According to POPIA, a code of ethics governing the media must provide adequate safeguards for the protection of personal information. The Press Code could serve as an example of a code of ethics if it includes adequate safeguards.

POPIA compared to the Press Code

The latest version of the Press Code came into effect on 1 September 2022 and speaks to the protection of personal information. The Press Council update the code almost annually to ensure it remains current. Section 4 sets out the safeguards for the protection of personal information. It imposes a variety of obligations on its subscribers and grants rights to data subjects.

POPIA has similar conditions for the processing of personal information and more. These safeguards are a good start for the Press Code.

Press Council’s position

The Press Council published a guidance note on POPIA where they state that “The Press Council of South Africa is satisfied that the ‘Press Code’ is compliant with the provisions of POPIA read with the ‘Constitution of South Africa 1996’, and that it contains the required provisions and safeguards to ensure the protection of personal information while at the same time enabling it to discharge its mandate and responsibilities effectively as detailed in the Press Council’s ‘Constitution’.”

Consequently, media groups should focus on complying with the Press Code if they subscribe to it. At least in terms of processing personal information for exclusively journalistic purposes.

However, if you disagree with the Press Council, POPIA allows you to challenge the code if you have concerns about the adequacy of its safeguards. In that case, the Information Regulator will need to consider a variety of factors. But the main emphasis would be on carefully balancing the rights to privacy and freedom of expression.

Furthermore, if any subscriber fails to comply with the Press Code, you can lodge a complaint against them or ask us to assist you.

POPIA will apply to journalists when they process personal information for non-journalistic purposes

As a journalist, you likely process personal information from a variety of sources with journalistic purposes in mind. These may include the subject matter of your publications, your subscribers or audience, and any sources that provide you with information. While you may not always publish any of this personal information, it is still important for you to protect it under the relevant code of ethics.

On the other hand, you do not process all of this personal information solely for the purpose of journalistic expression. You collect a variety of information from external sources. Employee information is an important category to consider. POPIA will govern your processing of employees’ personal information. Therefore, POPIA will apply to journalists for this component of their processing.

Employees’ personal information may contain medical, financial, criminal, or employment history. A lot of this information would be regarded as special personal information. This is significant, as POPIA imposes additional requirements for processing this type of information.

How we help media houses with POPIA compliance

  • Help the media comply with POPIA and improve your understanding of data protection law as it relates to employees by joining our programme or attending an online data protection workshop.
  • Increase your understanding of when POPIA might apply to you as a journalist.
  • Ensure you comply with the Press Code and have adequate safeguards in place.
  • Map your activities to help you determine whether your code or POPIA applies.
  • Review and give our opinion on the code you subscribe to and whether it complies with POPIA.
  • Draft a code of conduct for you and assist you in applying to the Information Regulator for approval.