17 S.C. 128\02 On the basis of the authorities, I am satisfied that the freedom of expression conferred by section 20 of the Constitution has to be interpreted to include freedom of the press and is also enjoyed by corporate persons. Freedom of the press is one thing. Abuse of the freedom of the press in another. the former and abhors the latter. Every right minded person supports In efforts to remedy the ills of the latter undue restrictions should not be imposed on the former. DOES THE SETTING UP OF REGULATORY AUTHORITY CONSTITUTE A PERMISSIBLE DEROGATION OF THE FREEDOM OF EXPRESSION OR THE PRESS? It is common cause that the setting up of a regulatory authority is a permissible derogation of the fundamental right of the freedom of expression. The applicant concedes that much in paragraph 20 of the heads of argument wherein it is submitted:- “Freedom of expression is not, however, absolute. Every system of international and domestic rights recognises carefully drawn and limited restrictions on freedom of expression to take into account the values of individual dignity and democracy. Under international human rights law, national laws that restrict freedom of expression must comply with the provisions of Article 19(3) of the ICCPR: ‘The exercise of the rights provided for in paragraph 2 of this article carried with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public) or of public health or morals.’”