Zimbabwe Rule of Law Journal |115 Restriction on freedom of expression necessary because of demonstrable direct, obvious and serious harm to public interest. Section 20(2) prescribes strict requirements for any measure in the exercise of State power which has the effect of restricting the exercise of the right to freedom of expression. The restriction may only be imposed if it is reasonably justifiable in a democratic society. The State may interfere with the exercise of freedom of expression only when the activity or expression poses a real danger of causing direct, obvious and serious harm to the rights of others or the public interests listed in s 20(2).The restriction must be narrowly drawn and specifically tailored to achieve the objective so as not to inhibit unduly freedom of expression. Restriction of the exercise of freedom of expression is a measure so stringent that it is inappropriate as a means for averting a relatively trivial harm to society. It should be borne in mind that the State has sufficient resources to refute wrong statements and this means can be used by a public institution to effectively protect a public interest against the publication or communication of false statements about its activities without having to curtail freedom of expression. Rational connection between restriction and objective There must be a rational connection between the restriction and the objective for imposition the restriction. A restriction which is not rationally connected with the objective pursued is an unreasonable, unnecessary and arbitrary interference with the exercise of freedom of expression. Restriction must be proportionate Even if there is a rational connection, the restriction must be proportional to the objective sought to be achieved by it. The court will examine whether there are other less restrictive and intrusive means available which the legislature which would be equally effective to achieve the same objective. It will also examine whether the restrictive measure so severely affects the right to freedom of

Select target paragraph3

Add to table of contents