The rate of decline also accelerated drastically, with the global average score suffering its largest oneyear drop in a decade. Freedom of accessexpression journalism and media studies. My inquiry focused on grade 11 learners understanding of the right to freedom of expression. Many of these violations and critical incidents are related to the right to freedom of expression, which is internationally viewed as a core right in a democracy. Apr 24, 2019 south africa at 25 freedom of expression and assembly is here, but with definite limits. Pdf the issue that this article dealt with is whether, in south african law, speech that infringes upon the religious feelings of an individual is. Freedom of expression is the oxygen that makes a democracy dynamic. Everyone has the right to freedom of opinion and expression.
Background this section examines the socioeconomic challenges south africa is facing eighteen years into democracy and will set the context for the rest of the report. Aug 08, 2018 in south africa, chapter 2 section 161 of the constitution guarantees that everyone has the right to freedom of expression, including. The right to freedom of expression insouthafrica jane duncan. The terms freedom of speech and freedom of expression as used in this report are interchangeable. Oct 18, 2017 four decades after the black wednesday crackdown on the media and the black consciousness movement, south africa is a different country. The rights in the bill apply to all law, including the common law, and bind all branches of the government, including the national executive, parliament. He is principal librarian and youth coordinator at the gauteng provincial. Where do we draw the line on freedom of expression in sa universities. The african charter guarantees the right to freedom of expression in article 9. Justifiable limitations to the right to freedom of expression. The legal basis for freedom of expression in england, scotland and wales limitations on freedom of expression in different contexts including those relating to hate speech criminal offences relating to hate speech and sentencing freedom of expression and the media the role of public bodies in hate speech cases. Freedom of expression is guaranteed in the constitution and.
Chapter 2 of the constitution of south africa, the bill of rights, contains a number of provisions dealing with religious freedom. Csos in south africa that contributed to the entrenchment in the constitution of the right to freedom of expression, include the save the press committee, the campaign for open media, and the. While south africa is described as a country where freedom of expression is a reality, its ranking was affected by the threat posed by the protection of state information bill to investigative journalism in the country. Hate speech and free speech are two entirely different. This struggle necessitates a groundup popular mobilisation and a movement advocating for media workers rights. Chapter two of the constitution of south africa wikipedia. After a year of debate, the contentious, amended bill was passed by the national assembly in april 20. Sep 26, 2015 where do we draw the line on freedom of expression in sa universities. Limits on public speech all countries surveyed appear to expressly recognize the right to freedom of speech as a constitutional or fundamental right. Republic of south africa 1996 constitution on articles 19 and 20 of the udhr and the importance of freedom of expression in the new south african democracy is affirmed and guaranteed in section 161. While some african countries have shown an improvement in press freedom and freedom of expression ratings, others, including south africa, are seeing worrying trends and a drop in rankings. Declaration of principles on freedom of expression in africa, african commission on human and peoples rights, 32nd session, 17 23 october, 2002. Freedom of opinion is an absolute civil right, meaning no one can jeopardize or limit human thinking, whereas freedom of expression of opinion is treated as a political right.
Constitutional court of south africa case cct 4400 the state versus russell mamabolo appellant intervening e. Litigating cases of limitations to the exercise of. The central concern, then, is the question whether there are limits to freedom of expression. Internet freedom declined in south africa during the coverage period, in part due to electionrelated factors.
May your freedom of expression always be treasured. Accountability, transparency, and freedom of expression in africa article pdf available in social research 774. Where do we draw the line on freedom of expression in sa. The right to freedom of expression in south africa foundation for. Pdf freedom of expression is guaranteed in s 16 of the constitution of the republic of south africa 1996 which provides. Freedom of expression and hate speech freedom of the media.
The high road1 2 prof kobus van rooyen sc3 one i am honoured by the request of the national press club to deliver the percy qoboza memorial lecture. When, in 1977, the apartheid government banned the world and weekend world, and when percy qoboza was imprisoned for six months, without. The draft includes an overbroad and vague provision criminalizing hate speech that threatens freedom of expression, a fundamental human right. Legislation impacting on freedom of expression in south africa. While many established democracies across the world have enacted freedom of information regimes, the states of southern africa have regarded freedom. Monitoring and defending freedom of expression and privacy. In the south african context the scope of freedom of expression is grounded on. However, the process of limiting freedom of expression or any other human right cannot be done without proper justification. Freedom of expression and information, including the right to seek, receive and impart information and ideas.
Library and information services gplis, pretoria, south africa. Tv business day freedom of expression institute amici curiae. Wj van vollenhoven the right to freedom of expression. The key differences between hate speech and free speech in south africa what you can and cant say in south africa remains a divisive issue.
Monitoring and defending freedom of expression and privacy on. In this guide, freedom of expression also includes freedom of speech. Until recently, however, the right to freedom of information has tended to be overlooked. Freedom of the press 2015, the latest edition of an annual report published by freedom house since 1980, found that global press freedom declined in 2014 to its lowest point in more than 10 years. South korea is widely considered a consolidated democracy, but there is growing evidence that freedom of expression in south korea has lagged behind that of comparable asian countries and that it. It involves confronting south africas colonial, racist past to redress the issues which still cause humiliation in. Learners understanding of their right to freedom of. Freedom of speech and association in south africa oxford law. Oct 16, 2017 media workers and journalists will not win the fight to secure their freedom of expression rights on their own. The importance of freedom of expression the success of our constitutional venture depends upon robust criticism of the chapt er 2 exercise of power. In the south african context the scope of freedom of expression is grounded on the. Declaration of principles on freedom of expression in africa. Limits on freedom of expression library of congress.
In south africa, chapter 2 section 161 of the constitution guarantees that everyone has the right to freedom of expression, including. Freedom of speech, academic freedom, and challenges to. South african move on hate speech a step too far human. Recognising the need to ensure the right to freedom of expression in africa, the african commission on human and peoples rights declares that. Freedom of expression also supports artistic, scientific and commercial development. When we talk about freedom of expression, we mean both the spoken and written word, as well as actions, gestures and the display of images intended to show meaning. The importance of freedom of expression southern africa. Newspapers often report on the violation of learners rights. The constitutional dispensation in south africa heralded the importance of the values of human dignity, equality and freedom as the cornerstones of our new found democracy. Media law and practice in southern africa obscenity laws and freedom of expression a southern african perspective no. Understanding the limits of freedom of expression in context. Selfcensorship, online harassment, and online manipulation all increased in the runup to the general elections in may 2019.
Right to freedom of expression the limitations analysis despite its importance, freedom of expression is not an absolute right, and there are a number of situations in which the right can be justifiably limited. The value of human dignity informs both the rights to equality and freedom of expression. This paper analyses the state of freedom of expression in south africa twenty years into democracy. Pdf dignity, religion and freedom of expression in south africa.
The debate on freedom of speech and academic freedom at universities in south africa is complicated by the cultural and. What you can and cant say in south africa freedom of expression. This was highlighted by judge o regan in le roux and others v dey 2011 3 sa 274 cc when she stated with us the right to freedom of expression cannot be said automatically to. Freedom of expression for ordinary south africans wishing to voice their dissatisfaction with the state. In view of the situation of the right to freedom of expression in africa, the african commission on human and peoples rights initially appointed a special rapporteur on freedom of expression in africa in december 2004. Jun 15, 2016 freedom of speech and academic freedom are widely recognized prerequisites for the maintenance of national and international freedom to communicate with colleagues in the relentless, objective, scholarly pursuit of knowledge and the advancement of the human condition. But in south africa, popular mobilisation has been difficult to achieve. There are two international covenants that impact on freedom of expression, the international covenant on. It must be remembered that freedom of expression is not a superior right in south africa and must be seen in the context of the rights to dignity and privacy. The state of free access to information and freedom of expression. Everyone has the right to freedom of expression, which includes a.
Section 9, the equality clause, prohibits unfair discrimination on various grounds including religion and requires national legislation to be enacted to prevent or prohibit unfair discrimination. In south africa, section 16 of the new constitution provides that. This is the focus of pen south africas work to champion and to protect the right to free expression. Internet freedom and freedom of expression in south africa. Chapter two of the constitution of south africa contains the bill of rights, a human rights charter that protects the civil, political and socioeconomic rights of all people in south africa. Freedom of expression is vital for education, for literature and for the creative responses of citizens to those in power. In da v anc 2015 2 sa 232 cc paras 122124, the constitutional court emphasised the intrinsic and instrumental value of the right to freedom of expression. Everyone has the right to freedom of expression, which includes a freedom of the press and other media. The right to freedom of expression and its role in political transformation in kenya by eric kibet morusoi submitted in fulfilment of the requirements for the degree. South africas long walk to freedom of expression free. Accountability, transparency, and freedom of expression in. South africa at 25 freedom of expression and assembly is here, but with definite limits. Quotations in this summary were taken from the relevant country surveys.
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