Disgruntled sub-editor just refuses to let go

I’ve kept relatively quiet about the recent firing of Llewellyn Kriel but I’ve just read on MyADSL that Kriel plans to appeal the findings of the disciplinary hearing and now I feel I need to take a stand on this issue.

In the article Kriel claims,

“I am passionate about freedom of expression and I was exercising my constitutional right when I posted the blog.”

He goes on to say that,

“Media in South Africa need to wake up quickly, there is an entirely new face to the media worldwide, influenced by cyberspace.”

Some other bloggers feel quite opinionated about this issue and are all claiming, directly or indirectly, that Kriel was fired because he blogged – not because he broke company policy.

While Kriel may claim he has some constitutional right to say what ever he feels I think we need to look at some of the facts.

1. Kriel is a veteran journalist with more than 30 years experience in the industry. Does this experience not bring with it some common sense when writing about critical operational information in a blog post or do the rules of the real world not apply to a blog or the cyberspace, as he puts it?

2. In order for Kriel to be an employee of the Sowetan (Avusa) he would have had to have signed a contract of employment which would have, in no uncertain terms, contained a clause preventing him from sharing the information he did in the blog post. I know my contract with Avusa prevents me from bringing the company’s name into disrepute and also prevents me from sharing operational information with competitors and/or the world.

3. Kriel chose a blog to share his disgruntled views however this doesn’t change the fact that he disregarded his contract of employment and in doing so made this a company policy issue – not a blogging issue. The Sowetan’s actions where justified and exercised to the fullest and there was nothing wrong with the final decision of giving Kriel the boot.

4. Did Kriel really disclose company information? I think so. For Kriel to even discuss an internal “Climate Survey” conducted for operational purposes is just not on. Avusa is a listed company and as such this post on company morale and the fact that there is a banning of all new appointments can and will have a direct impact on the share price of the company. I’m no stock broker but I do know that share prices are affected by perception and creating this vastly negative impression on the whole of Avusa is gross misconduct. Simple!

5. Taking this to the extreme we also need to look at the possible liability the Mail & Guardian have in this matter. Should Kriel plan to take further legal action what stops Avusa from taking direct action against the M&G for posting the offending blog post in the first place?

Thought Leader is a strictly moderated website and goes through an editorial work flow before a post or comment goes live on the platform. This means that whether M&G realise it they could become liable for every piece of content on the Thought Leader website and Avusa could argue Kriel’s post was a form of industrial sabotage by the competing newspaper.

While I honestly don’t believe the M&G did plan any form of sabotage (I know these guys personally!) I do have to question why the post ever made it onto the website in the first place. In my mind, someone should have canned it during the editorial process.

I have to just add that I’m tired of this being a new media issue – it isn’t and we all need to get a little perspective. If anything, Kriel’s ignorance to the rules of engagement online and his petty rant in a public forum have actually had an adverse effect for blogging in this country.

His actions have created this moronic impression that you are entitled to say whatever you want to and simply disregard any ethical or contractual obligations you may have because the constitution allows you this right.

As I see it, anyone who still uses the word cyberspace needs to wake up quickly – there is an entirely new dimension to what you’re allowed to do online and it’s influenced by real world rules.