Judgment No. CCZ 9/2016 27
Const. Application No. CCZ 316/2012
The legislation providing for a public broadcasting service system must be in line
with the fundamental principles behind freedom of expression. This means that the conditions of
use of the public broadcasting service for conveyance of ideas and information must conform to
the requirements of this freedom. These principles can be summarized as being that:
1. Everyone has the right to express himself or herself freely through the medium of his or
her choice.
2. This implies the right to access, receive and disseminate ideas, information and messages
of all types through all communication systems and media – in this case electronic media.
3. The public broadcasting service media shall in the public interest enjoy editorial
independence from undue influence from both State and corporate actors.
There is intertwining of the public interest standard governing the provision of
public broadcasting service with freedom of expression interests. The public interest is viewed
through the protection of the right to freedom of expression. In that sense the public interest
standard is a statutory security for the freedom of expression doctrine in public broadcasting.
The public interest standard necessarily invites reference to freedom of expression
principles. The question of how the legal provisions governing the structuring and dynamics of
the provision of public broadcasting service relate to the principles of freedom of expression is
central to the determination of the question of the constitutional validity of the legislation.
Each applicant argued that by prohibiting the possession of a receiver without a
licence issued by the ZBC, s 38B(1) of the Act infringes the right to receive ideas, information
Select target paragraph3
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