evaluation of the extent to which the reform and revision of laws inconsistent with the exercise of freedom of artistic expression ought to be conducted. 1.3.1 Constitutional provisions It must be noted from the outset that freedom of artistic expression is regarded by the law as a component of freedom of expression.19 Consequently, artistic expression issues are inherent when one engages freedom of expression. Freedom of expression is protected by the 2013 Constitution.20 Section 61 of the Constitution now offers more detail on the scope of this right than the preceding constitutional provisions. The provision is hereby quoted verbatim: (1) Every person has the right to freedom of expression, which includes – (a) freedom to seek, receive and communicate ideas and other information; (b) freedom of artistic expression and scientific research and creativity; and (c) academic freedom. (2) Every person is entitled to freedom of the media, which freedom includes protection of the confidentiality of journalists’ sources of information. (3) Broadcasting and other electronic media of communication have freedom of establishment, subject only to State licensing procedures that – (a) are necessary to regulate the airwaves and other forms of signal distribution; and (b) are independent of control by government or by political or commercial interests. (4) All State-owned media of communication must – (a) be free to determine independently the editorial content of their broadcasts or other communications; (b) be impartial; and (c) afford fair opportunity for the presentation of divergent views and dissenting opinions. (5) Freedom of expression and freedom of the media exclude – (a) Incitement to violence; 19 20 Shaheed Report, para. 4. Section 61(1) (a) &(b) of the Constitution. 18 | P a g e