Books & arts

South Africa: Publisher decides to not publish novel

fears possible defamation action

2001-12-13, Issue 46

http://pambazuka.org/en/category/books/4746

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The Freedom of Expression Institute is deeply distressed that Jonathan Ball Publishers have taken a decision not to publish Robert Kirby's novel "Songs of the Cockroach" on the basis that defamation action may be taken against the publishers by the Democratic Alliance and other characters (or their families) mentioned in the novel.

IFEX- News from the international freedom of expression community
_________________________________________________________________

PRESS RELEASE/ALERT - SOUTH AFRICA

7 December 2001

Publisher decides to not publish novel, fears possible defamation action

SOURCE: Freedom of Expression Institute (FXI), Johannesburg

(FXI/IFEX) - The following is an FXI statement:

Re: Jonathan Ball Publisher's decision to not publish Robert Kirby's novel
"Songs of the Cockroach"

The Freedom of Expression Institute is deeply distressed that Jonathan Ball
Publishers have taken a decision not to publish Robert Kirby's novel "Songs
of
the Cockroach" on the basis that defamation action may be taken against the
publishers by the Democratic Alliance and other characters (or their
families)
mentioned in the novel. The decision was also taken because Kirby apparently
did
not disclose that one of the character's names was an anagram for a public
figure (a point which Kirby has contested). The publisher sought a legal
opinion, which advised it that - in theory - such legal action would be
possible
and the non-disclosure of the anagram was sufficient reason for cancellation
of
the contract. Furthermore, in a letter to the FXI, Mr. Ball has described
the
decision not to publish as a commercial one, as the company did not want to
open
itself up to further defamation action.

The novel is set in the future and tracks the actions of a series of
characters - some fictional, some real - in the Democratic Alliance (DA) and
the
New National Party. In the process, the novel satirises the history and
current
state of opposition politics mercilessly, portraying the DA as a party
driven
largely by the "failed dream" of white supremacist aspirations. A range of
fictional and real characters are pilloried in the process, including
long-dead
members of the National Party. Some of the characters that the publisher is
particularly concerned about include JG Strijdom who is said to have died of
syphilis and whose family allegedly deserted him on his deathbed. The
character
whose name is alleged to be an anagram of a Cape Town-based academic is
portrayed as a medical academic reduced to a vagrant on the streets of Cape
Town.

The decision of Jonathan Ball Publishers to not publish the novel on these
speculative bases is nothing more or less than a "bangbroek" approach to
publishing. If publishing decisions were to be driven by the fear of
attracting
defamation action primarily, then the publishing industry would grind to a
halt.
The promotion of literary forms such as political satire would become
impossible, as would investigative journalism and a range of other
activities
that are premised on pushing the boundaries of free expression. The fact
that we
enjoy constitutionally guaranteed freedom of expression and a more
enlightened
defamation law has been made possible partly because some publishers,
artists,
journalists and writers have been willing to take courageous stands in the
face
of adversity. The FXI has on many occasions supported them when legal action
has
been taken, and has done so on the basis that the "publish and be damned"
ethic
is necessary to extend the boundaries of free expression. If publishers are
going to cave in at the "in theory" possibility that legal action may be
taken,
then South Africa's proud tradition of adventurous publishing coupled with
progressive and activist lawyering stands to be reversed. In fact, we
consider
the apparent non-disclosure of the anagram - which Kirby has contested - an
excuse for not publishing, rather than a substantial reason.

For Jonathan Ball publishers to argue that the decision to not publish"...is
not
an issue of freedom of the press or of expression, [but]... a
straightforward
question of defamation" is disingenuous and an obfuscation of the issues at
stake. If the threat of defamation action has influenced their decision to
not
publish, then the book cannot reach the public arena. The effect of this is
de
facto censorship. It will also have a chilling effect on freedom of
expression
in that other satirists will think twice about producing books, which run
the
same risk.

South Africa needs publishers that are driven by a passion for literature
and
the belief in the power of literature to transform society. Political satire
has
a particular role to play in this respect. Robert Kirby's book is funny,
obscene, often pornographic, unforgiving and insulting. It is also extremely
poignant. It must be published. The publisher who decides to take it on may
well
face defamation action, but we suspect that the political party concerned
(which
in any event is now defunct) and the individual characters will be more
mature
than that. We also suspect that in view of the latitude the courts generally
give to speech aimed at political figures, and to artistic speech, those
protesting defamation will have a hard time proving their case. Also, in
view of
the complexity of the treatment of a number of the characters in question,
which
often involve satire mixed with poignancy, we could envisage long legal
arguments about matters of literary interpretation, which could have a
further
chilling effect on free expression. We would like to think that the
real-life
characters concerned would not want to associate themselves with legal
action
where the merits and demerits of the literary devices of satire are put on
trial. South Africa's political and artistic cultures are done a disservice
by
the timid "softly softly" behaviour displayed by the publisher and its legal
advisors.

For further information, contact Jane Duncan and Scotch Tagwireyi at FXI at
P.O.
Box 30668, Braamfontein, 2017, Johannesburg (Street Address: 5th Floor Argon
House, 87 Juta Street, Braamfontein, Johannesburg), South Africa, tel: +27
11
403 8403/4, fax: +27 11 403 8309, e-mail: fxi@fxi.org.za, Internet:
http://fxi.org.za

The information contained in this press release/alert is the sole
responsibility
of FXI. In citing this material for broadcast or publication, please credit
FXI.
_________________________________________________________________
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