Gowisha Policy Document

This document declares that the GOWISHA™ follows the the rules and regulations set out by the Code of Ethics and Conduct for South African Print and Online Media as prescribe by Section 16 of the Bill of Rights. Although GOWISHA is an online database of material that has a tendency of being satirical in nature, the ecosystem in which GIFs are serve a purpose is in the same ecosystem of the broader media.

[SECTION A]

The press exists to serve society. Its freedom provides for independent scrutiny of the forces that shape society, and is essential to realising the promise of democracy. It enables citizens to make informed judgments on the issues of the day, a role whose centrality is recognised in the South African Constitution.


Section 16 of the Bill of Rights sets out that:

  1. “Everyone has the right to freedom of expression, which includes:
    1. Freedom of the press and other media;
    2. Freedom to receive and impart information or ideas;
    3. Freedom of artistic creativity; and
    4. Academic freedom and freedom of scientific research.

 

  1. “The right in subsection (1) does not extend to
      1. Propaganda for war;
      2. Incitement of imminent violence; or
      3. Advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.”


The press strives to hold these rights in trust for the country’s citizens; and it is subject to the same rights and duties as the individual. Everyone has the duty to defend and further these rights, in recognition of the struggles that created them: the media, the public and government, who all make up the democratic state.

Our work is guided at all times by the public interest, understood to describe information of legitimate interest or importance to citizens.

As journalists, we commit ourselves to the highest standards of excellence, to maintain credibility and keep the trust of our readers. This means always striving for truth, avoiding unnecessary harm, reflecting a multiplicity of voices in our coverage of events, showing a special concern for children and other vulnerable groups, and acting independently.

We adopt the following Press Code:


1. Gathering of news
1.1. News should be obtained legally, honestly and fairly, unless public interest dictates otherwise.

1.2. The gathering of personal information must be for the sole purpose of publication and no personal information may under any circumstances be used for any other purpose or disclosed to a third party unrelated to journalism. Where a journalist gathers personal information, the reporter is obliged to inform the person of the intention to use that information for publication unless such disclosure will prejudice the publication of the information.

1.3′ Press representatives shall identify themselves as such, unless public interest or their safety dictates otherwise.


2. Reporting of News

2.1. The press shall take care to report news truthfully, accurately and fairly.

2.2. News shall be presented in context and in a balanced manner, without any intentional or negligent departure from the facts whether by distortion, exaggeration or misrepresentation, material omissions, or summarisation.

2.3. Only what may reasonably be true, having regard to the sources of the news, may be presented as fact, and such facts shall be published fairly with due regard to context and importance. Where a report is not based on facts or is founded on opinion, allegation, rumour or supposition, it shall be presented in such manner as to indicate this clearly.

2.4. Where there is reason to doubt the accuracy of a report and it is practicable to verify the accuracy thereof, it shall be verified. Where it has not been practicable to verify the accuracy of a report, this shall be stated in such report.

2.5. A publication shall seek the views of the subject of critical reportage in advance of publication; provided that this need not be done where the publication has reasonable grounds for believing that by doing so it would be prevented from publishing the report or where evidence might be destroyed or sources intimidated. Reasonable time should be afforded the subject for a response. If the publication is unable to obtain such comment, this shall be stated in the report.

2.6. A publication shall make amends for publishing information or comment that is found to be inaccurate by printing, promptly and with appropriate prominence, a retraction, correction or explanation.

2.7. Reports, photographs or sketches relating to indecency or obscenity shall be presented with due sensitivity to the prevailing moral climate. A visual presentation of explicit sex shall not be published, unless public interest dictates otherwise.

2.8. Journalists shall not plagiarise.


3. Independence and conflicts of interest

3.1. The press shall not allow commercial, political, personal or other non- professional considerations to influence or slant reporting. Conflicts of interest must be avoided, as well as arrangements or practices that could lead audiences to doubt the press’s independence and professionalism.

3.2. Journalists shall not accept a bribe, gift or any other benefit where this is intended or likely to influence coverage.

3.3. The press shall indicate clearly when an outside organisation has contributed to the cost of newsgathering.

3.4. Editorial material shall be kept clearly distinct from advertising.


4. Privacy, the Protection of Personal Information, Dignity and Reputation

4.1. The press shall exercise care and consideration in matters involving the private lives and concerns of individuals. The right to privacy may be overridden by a legitimate public interest.

4.2. The press should take reasonable steps to ensure that the personal information under its control is protected from misuse, loss, or unauthorised access.

4.3. Journalists must take reasonable measures to secure personal information under their control to limit and prevent unlawful access to the processing of such information.

4.4. Journalists are required to ensure that the information they gather is accurate, reasonably complete and up to date. Where a person requests a correction to be made to his or her personal information under the control of a journalist, the reporter must take steps to verify the accuracy of the information and, if necessary, amend the information accordingly.

4.5. Some personal information, such as addresses or other identifying details, may enable others to intrude on the privacy and safety of individuals who are the subject of news coverage, and their families. To the extent lawful and practicable, the press should disclose only sufficient personal information to identify the persons being reported in the news, so that these risks can be reasonably avoided.

4.6. Where security measures that protect personal information have been compromised, the journalist or publication controlling that information, must inform the affected person(s) and take reasonable steps to mitigate any prejudicial effects.

4.7. The press shall exercise care and consideration in matters involving dignity and reputation. The dignity or reputation of an individual should be overridden only by a legitimate public interest and in the following circumstances:

4.7.1. The facts reported are true or substantially true; or

4.7.2. The article amounts to fair comment based on facts that are adequately referred to and that are true or substantially true; or

4.7.3. The report amounts to a fair and accurate report of court proceedings, Parliamentary proceedings or the proceedings of any quasi-judicial tribunal or forum; or

4.7.4. It was reasonable for the article to be published because it was prepared in accordance with acceptable principles of journalistic conduct and in the public interest.

4.8. The identity of rape survivors and survivors of sexual violence shall not be published without the consent of the victim or in the case of children, without the consent of their legal guardians (or a similarly responsible adult) and the child (taking into consideration the evolving capacity of the child), and a public interest is evident, and it is in the best interest of the child.

4.9. The HIV/AIDS status of people should not be disclosed without their consent. In the case of children, the HIV/Aids status of the child should not be disclosed without the consent of the child (taking into consideration the evolving capacity of the child) together with the consent of their legal guardian or a similarly responsible adult, provided that such disclosure is in the public interest and it is in the best interest of the child.


5. Discrimination and Hate Speech

5.1. Except where it is strictly relevant to the matter reported and it is in the public interest to do so, the press shall avoid discriminatory or denigratory references to people’s race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth or other status, nor shall it refer to people’s status in a prejudicial or pejorative context.

5.2. The press has the right and indeed the duty to report and comment on all matters of legitimate public interest. This right and duty must, however, be balanced against the obligation not to publish material that amounts to:

5.2.1. Propaganda for war;

5.2.2. Incitement of imminent violence; or

5.2.3. Advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.


6. Advocacy

A publication is justified in strongly advocating its own views on controversial topics provided that it treats its readers fairly by:

6.1. Making fact and opinion clearly distinguishable;

6.2. Not misrepresenting or suppressing relevant facts; and

6.3. Not distorting the facts.


7. Comment

7.1. The press shall be entitled to comment upon or criticise any actions or events of public interest provided such comments or criticisms are fairly and honestly made.

7.2. Comment by the press shall be presented in such manner that it appears clearly that it is comment, and shall be made on facts truly stated or fairly indicated and referred to.

7.3. Comment by the press shall be an honest expression of opinion, without malice or dishonest motives, and shall take fair account of all available facts which are material to the matter commented upon.


8. Children

The Bill of Rights (Section 28.2) in the South African Constitution states: “A child’s best interests are of paramount importance in every matter concerning the child.” The press, applying the spirit of this section, shall therefore:

8.1. exercise exceptional care and consideration when reporting about children. If there is any chance that coverage might cause harm of any kind to a child, he or she shall not be interviewed, photographed or identified without the consent of a legal guardian or of a similarly responsible adult and the child (taking into consideration the evolving capacity of the child), and a public interest is evident.

8.2. not publish child pornography.

Child Pornography is defined in the Film and Publications Act as: Any image or any description of a person, real or simulated, who is or who is depicted or described as being, under the age of 18 years, engaged in sexual conduct; participating in or assisting another person to participate in sexual conduct; or showing or describing the body or parts of the body of the person in a manner or parts of the body of the person in a manner or circumstance which, in context, amounts to sexual exploitation.

8.3. not identify children who have been victims of abuse, exploitation, or who have been charged with or convicted of a crime, without the consent of their legal guardians (or a similarly responsible adult) and the child (taking into consideration the evolving capacity of the child), a public interest is evident and it is in the best interests of the child.


9. Violence

9.1 Due care and responsibility shall be exercised by the press with regard to the presentation of brutality, violence and suffering.


10. Headlines, Posters, Pictures and Captions

10.1. Headlines and captions to pictures shall give a reasonable reflection of the contents of the report or picture in question.

10.2. Posters shall not mislead the public and shall give a reasonable reflection of the contents of the reports in question.

10.3. Pictures shall not misrepresent or mislead nor be manipulated to do so

[SECTION B]

Copyright Declaration

1. GOWISHA acknowledges and declares that GOWISHA is not the owner of the original content turned to GIF form found everywhere on the site.

1.1. The content category “#SendTheLocation” is exempt from the acknowledgement and declaration made in point 1 as GOWISHA are the originators of the content on that specific page.

[SECTION C]

Retraction Request

1. Users of GOWISHA are entitled to make special requests for the retraction of content on the following basis:

    1. Content violates the rules by which GOWISHA is governed.
    2. Content infringes on the legal and ethical rights to dignity by
    3. Content fails to meet the criteria for ‘fair use’.

[SECTION D]

Advertising Regulation

Display Advertising

  1. Reservation
    1. The Client is not able to change or modify The Client’s booking once it has been finalized. The Client can only make one reservation at a time.
  1. Deposit
    1. The Client is required to pay 50% of the total amount stated on the invoice form within 7 days finalising the reservation.
    2. The Client is required to submit a proof of deposit payment within 7 days of finalising the reservation.
    3. The Client’s failure to secure 50% deposit or submit proof of payment document will result in loss of ALL dates.
  1. Remaining Balance
    1. The Client is required to pay the remaining 50% for the reservation within 14 days of the client’s first advertisement going live.
    2. The Client’s failure to balance the quoted amount will result in a retraction of live advert and a loss of the ALL client’s reserved dates.
  1. Required Submissions
    1. The Client must provide both a proof of payment and a [___ x ___] advertisement within 7 days of finalizing the client’s booking.
    2. It is the responsibility of The Client to provide GOWISHA with adverts that are of the correct dimension and desired display. GOWISHA will not take responsibility modifying any advertisements.
    3. If The Client has more than one advert, the client must specify and indicate which advert correlates with which reserved date and category.
  1. Refunds
    1. Refunds are only issued if a technical error on part of GOWISHA has been identified. Technical errors are confined to the following events:
    2. The advertisement displayed out of booked time.
    3. The advertisement displayed of booked category.
    4. The advertisement’s display was affected by a software error.
    5. Refunds can only be payable to the value that equates to a per/week the advertisement was affected. (i.e. if a two day error affects The Client’s second week out of 4 reserved weeks, The Client is entitled to a refund valued at 100% of that week’s advertising value).
    6. ALL refunds are payable within 30 days of cancellation.
  1. Termination
    1. The Client is welcome to terminate The Client’s reservation at any given moment. A willful termination on part of The Client will not warrant a refund of any kind.
    2. The Client is only entitled to a termination of reservation that includes a refund that is in according with the Refunds clause.

SendThelocation

  1. Reservation
    1. The Client is not able to change or modify The Client’s booking once it has been finalized. The Client can only make one reservation at a time.
  1. Deposit
    1. The Client is required to pay 50% of the total amount stated on the invoice form within 7 business days finalising the reservation.
    2. The Client is required to submit a proof of deposit payment within 7 days of finalising the reservation.
    3. The Client’s failure to secure 50% deposit or submit proof of payment document will result in loss of ALL reservations.
  1. Remaining Balance
    1. The Client is required to pay the remaining 50% for the reservation within 10 business days of The Client’s event.
    2. The Client’s failure to balance the quoted amount will result in a retraction and/or withholding of captured content.
  1. Refunds
    1. Refunds are only issued if a technical error on part of GOWISHA has been identified. Technical errors are confined to the following events:
    2. A GOWISHA representative does not make it to the event.
    3. A GOWISHA representative is reasonably late to the event and is unable to capture The Client’s desired moments.
    4. ALL refunds are payable within 30 days of cancellation.
  1. Termination
  2. The Client is welcome to terminate The Client’s reservation at any given moment. A willful termination on part of The Client will not warrant a refund of any kind if a payment has been made.
  3. The Client is only entitled to a termination of reservation that includes a refund that is in according with the Refunds clause.

Effective Date of Terms of Service: 21 August, 2018.