Chapter 17: Media And Communications, Telecommunications And Broadcasting

Freedom of expression

The right to freedom of expression is contained in section 16(1) of the Constitution. This provision states that everyone has the right to freedom of expression, which includes:

• freedom of the press and other media;
• freedom to receive or impart information or ideas;
• freedom of artistic creativity; and
• academic freedom and freedom of scientific research.

The Constitutional Court has acknowledged that freedom of expression protects and fosters a number of values, including the pursuit of truth; the functioning of democracy; and individual self-fulfilment.

Moreover, the right to freedom of the media has been interpreted as protecting the "tools of the trade" that are integral to various forms of media. Thus, in one High Court case, a radio broadcaster was provided with the right to broadcast live evidence from the Hansie Cronjé match-fixing inquiry. In fact, a number of courts have recently adopted rules of precedure which permit