86
S.C. 128\02
Nevertheless, I will now consider whether the restriction on freedom of
expression imposed by ss 12(2) and 12(3) is reasonably justifiable in a democratic
society.
Are the legislative objectives sufficiently important to justify a restriction on the
freedom of expression?
In my view, the legislative objectives in respect of s 12(2) are not, but those in respect
of s 12(3) may be.
Are the measures designed to meet the legislative objectives rationally connected
to them?
There can be no doubt that they are not. In respect of s 12(2), it is pertinent to note
that the second respondent does not say how the short licence duration of two years
ensures compliance with the Act, or assists in raising revenue for the State, or
encourages competitiveness and the provision of high quality broadcasting services.
Similarly, in respect of s 12(3) the second respondent does not say why
a licence duration of one year, as opposed to a longer period, for community radio
broadcasting would ensure “that at some point every community will have had an
opportunity to broadcast.”
Are the means to impair the freedom of expression no more than is necessary to
accomplish the objectives?
In my view, the means are certainly more than is necessary to accomplish the
legislative objectives.
I say so because there are other ways of achieving the
Select target paragraph3
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