evaluation of the extent to which the reform and revision of laws inconsistent
with the exercise of freedom of artistic expression ought to be conducted.
1.3.1 Constitutional provisions
It must be noted from the outset that freedom of artistic expression is regarded
by the law as a component of freedom of expression.19 Consequently, artistic
expression issues are inherent when one engages freedom of expression.
Freedom of expression is protected by the 2013 Constitution.20 Section 61 of
the Constitution now offers more detail on the scope of this right than the
preceding constitutional provisions. The provision is hereby quoted verbatim:
(1) Every person has the right to freedom of expression, which includes –
(a)
freedom
to
seek,
receive
and
communicate
ideas
and
other
information;
(b) freedom of artistic expression and scientific research and creativity; and
(c) academic freedom.
(2) Every person is entitled to freedom of the media, which freedom includes
protection of the confidentiality of journalists’ sources of information.
(3) Broadcasting and other electronic media of communication have
freedom of establishment, subject only to State licensing procedures
that –
(a) are necessary to regulate the airwaves and other forms of signal
distribution; and
(b)
are
independent
of
control
by
government
or
by
political
or
commercial interests.
(4) All State-owned media of communication must –
(a) be free to determine independently the editorial content of their
broadcasts or other communications;
(b) be impartial; and
(c) afford fair opportunity for the presentation of divergent views and
dissenting opinions.
(5) Freedom of expression and freedom of the media exclude –
(a) Incitement to violence;
19
20
Shaheed Report, para. 4.
Section 61(1) (a) &(b) of the Constitution.
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