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justifiable in a democratic society.
S.C. 128\02
That is the issue which I should now determine
by applying the test set out in Nyambirai’s case, supra.
Are the legislative objectives sufficiently important to justify limiting the
fundamental right to freedom of expression?
The legislative objectives in respect of this provision are set out by the second
respondent in his opposing affidavit as follows:-
“I do not understand how the applicant or any other broadcaster will be
prejudiced by this provision. If anything, it is extremely beneficial to them in
that they are relieved of the huge expenditures involved in constructing
broadcasting studios, acquiring and importing expensive antennas and
transmitters, and employing staff on a permanent basis to maintain it. In the
scenario envisaged by the Act, the signal carrier, will provide all the expensive
aspects of broadcasting listed above, and will, in all probability, provide
studios, cameras, etc. All the broadcaster will need to do is walk into an
equipped studio, and commence broadcasting on the frequency allocated to
them. This makes great economic sense both to the country and to the
individual broadcaster. The country is spared the burden of repetitively
buying and importing equipment using scarce foreign currency, and the
individual broadcasting licensee enjoys the benefits of … low-cost
broadcasting.”
Thus, the main objectives given by the second respondent for the
restrictive provision in s 9(3) are (1) to ensure low-cost broadcasting; and (2) to save
foreign currency.
It is pertinent to note that s 9(3) imposes a very serious limitation on
the broadcaster’s freedom of expression in that it places the broadcaster at the mercy
of the signal carrier licensee.
Select target paragraph3
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