81
S.C. 128\02
I will now consider whether the restriction in s 12(1)(f) is reasonably
justifiable in a democratic society. I will apply the three-part test already referred to
in this judgment.
Are the legislative objectives sufficiently important to justify a restriction on the
freedom of expression?
Quite clearly they are not. As already stated, freedom of expression constitutes one
of the essential foundations of a democratic society. It is so important that it cannot
be restricted on the basis of the objectives given by the second respondent and which I
have set out above.
Are the measures designed to meet the legislative objectives rationally connected
to them?
In my view, they are not.
Firstly, there is no rational connection between the
objective of assisting the Broadcasting Authority in assessing the suitability, financial
position and stability of an applicant, and the requirement that the licence must
specify the sources and manner of funding of the licensee.
Secondly, there is no rational connection between the objective of
assisting the Authority in ascertaining the genuineness and authenticity of the
financial statement given to it by an applicant, and the requirement that the licence
must specify the sources and manner of funding of the licensee. The genuineness of
the financial statement can be determined by an examination of the applicant’s assets
and bank account. The sources of the funds are irrelevant in that exercise.
Select target paragraph3
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