82
S.C. 128\02
Thirdly, there is no rational connection between the objective of
ensuring that licences are not issued to persons for speculative and profit-making
purposes, and the requirement that the licence must specify the sources and manner of
funding of the licensee.
Fourthly, there is no rational connection between the objective of
ensuring the stability and continuity of broadcasting services, and the requirement that
the licence should specify the sources and manner of funding of the licensee.
Fifthly, there is no rational connection between the objective of
assisting the Authority in ensuring that the other provisions of the Act have been
complied with, and the requirement that the licence should specify the sources and
manner of funding of the licensee.
Finally, there is no rational connection between the objective of
ensuring that the persons who have a direct interest in the allocation of licences do not
secretly and corruptly benefit from the process, and the requirement that the licence
should specify the sources and manner of funding, bearing in mind that there are
many ways of disguising identity.
Are the means to impair the freedom of expression no more than is necessary to
accomplish the objectives?
In my view, the answer to this question is a negative one. I am satisfied that there are
other ways of achieving the legislative objectives set out above which do not bring
about a limitation on the freedom of expression. For example, the financial position
Select target paragraph3
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