8
(v)
(c)
S.C. 128\02
in the case of correspondence, preventing the
unlawful dispatch therewith of other matter; or
that imposes restrictions upon public officers; except so far as that
provision or, as the case may be, the thing done under the authority
thereof is shown not to be reasonably justifiable in a democratic
society.
It would appear to me from the affidavits filed of record that the
following issues fall for determination in this case.
1.
Whether section 20(1) of the Constitution includes freedom of the
press.
2.
If section 20 of the Constitution does include freedom of the press,
does the setting up of a regulatory authority constitute a permissible
derogation of that freedom of the press?
3.
If the setting up of a regulatory authority is a permissible derogation
are the impugned sections setting up such authority and the other
impugned sections within the permissible constitutional derogations?
I will now deal with the above issues seriatim.
DOES SECTION 20(1) OF THE CONSTITUTION INCLUDE FREEDOM OF
THE MEDIA SUCH AS THE ELECTRONIC MEDIA IN CASU?
Mr Tomana, for the first respondent, submitted that the applicant’s contention that
press freedom is protected under section 20 of the Constitution and, therefore, that
restrictions or regulations imposed on the entrants into electronic media was
erroneous. He argued that there was an important distinction between press freedom