7
S.C. 128\02
It is contended by the applicant that the specific provisions of the Act
set out in the draft order are ultra vires the Constitution, in particular, section 20,
which guarantees the freedom of expression.
Section 20 of the Constitution which guarantees freedom of expression
provides in the relevant part as follows:-
“20
Protection of freedom of expression
(1)
Except with his own consent or by way of parental discipline, no
person shall be hindered in the enjoyment of his freedom of
expression, that is to say, freedom to hold opinions and to receive and
impart ideas and information without interference, and freedom from
interference with his correspondence.
(2)
Nothing contained in or done under the authority of any law shall be
held to be in contravention of subsection (1) to the extent that the law
in question makes provision –
(a)
in the interests of defence, public safety, public order, the
economic interests of the State, public morality or public
health;
(b)
for the purpose of –
(i)
(ii)
protecting the reputations, rights and freedoms of other
persons or the private lives of persons concerned in
legal proceedings;
preventing the disclosure of information received in
confidence;
(iii)
maintaining the authority and independence of the
courts or tribunals or Parliament;
(iv)
regulating the technical administration,
technical
operation or general efficiency of telephony, telegraphy,
posts, wireless broadcasting or television or creating or
regulating any monopoly in these fields;