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.

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