“Murdered woman’s body to be flown home” (Saturday Star, 09/10/2010, p.3) was selected as a MAD for identifying a five-year-old boy whose mother was allegedly murdered by the boy’s father. As a result, the child was also caught in the middle of a custody battle between his parents’ families.

The article reported that the boy’s mother – who lived in New Zealand but was born in South Africa – was reported as missing in the middle of this year. The boy’s father was then charged with her murder in September.

A picture of both the parents and their names were provided. The boy’s name was also provided. In addition, the child’s grandmother – who reportedly planned to bring the child back to South Africa – was also named.

Considering that the article stated that the boy’s mother was an escort, it can be argued that it was not in the best interest of the child to be identified. This is due to the stigma attached to sex work and the fact that it is not legal in South Africa – the country his grandmother is planning to bring him to.

Furthermore, children involved in custody or maintenance disputes should not be identified in the media since these are personal proceedings that often deal with intimate family affairs. It is for this reason that children in South Africa are afforded special legal protection in family law disputes.

Section 36 of the Maintenance Act 99 of 1998 states: “No person shall publish in any manner whatsoever the name or address of any person under the age of 18 years who is or was involved in any proceedings at a maintenance enquiry or the name of his or her school or any other information likely to reveal the identity of that person.”

That this child is currently in New Zealand and does not technically benefit from the protection afforded by South African laws is not a good enough defense. Both the United Nations Convention on the Right’s of the Child and the South African Constitution make it clear that “a child’s best interests are of paramount importance in every matter concerning the child” . Rather than protecting this child, Saturday Star has ensured that the intimate details of his family life are known to its readers. This is made even worse by the fact that this boy may come to live in South Africa.

Saturday Star is also a signatory to Media Monitoring Africa (MMA)’s Editorial Guidelines on reporting on children which state: “In all stories where identifying the child may cause harm, be sure to avoid indirect identification of the child through showing family, a school, residence, friends or a combination thereof.”

The guidelines also state: “The best interests of each child are to be protected over any other consideration, including over advocacy for children’s issues and the promotion of children’s rights.” Ironically, Saturday Star’s article also included a quote which stated, “The best interests of the child are of paramount consideration.”

MMA urges Saturday Star to adhere to the guidelines and exercise caution when reporting on sensitive issues involving children, wherever they may be.