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

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