personality; and to override the audience’s autonomy by deciding for them
what is and is not suitable to experience, thus interfering with such audience’s
right to self-fulfilment.
Second, freedom of expression assists in the discovery of truth. It is through
access to information or works of art prepared by an artist to convey a message
to the public that members of the public are able to discover the truth about an
issue subject to debate.
Third, it strengthens the capacity of an individual to participate in decisionmaking. Decision-making is a process that requires information in order for
those involved to participate fully and with effectiveness. Access to information
exposes errors in the governance and administration of justice in the country
as well as reporting on the excesses of public power thereby facilitating
enforcement of accountability.
The effect of monopoly of means of communication was addressed by the court
in Retrofit (Pvt) Limited & Others v PTC and Anor.31 In that case the applicant
challenged the statutory monopoly of the post & telecommunications authority
which had declined an applicant a licence to operate a mobile cellular
telephone service. The court held thus;
that, freedom of expression is a vitally important right that is an indispensable
condition for a free and democratic society. Section 20(1) of the Constitution
requires not only that persons be free to express themselves, but also that they
are not hindered in the means of their expression. Interference with the means
of transmission or reception of information necessarily interferes with and
hinders the right to receive and impart information.
The most important part of the above ruling was the judicial approval of the
fact that freedom of expression also applies to corporate bodies much as it
applies to individuals. By extension, freedom of artistic expression applies to
juristic persons who are desirous to communicate particular messages through
works of art. One does not have to be an artist in order to enjoy freedom of
artistic expression.
31
1995 (2) ZLR 199 (SC).
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