Judgment No. CCZ 9/2016 32
Const. Application No. CCZ 316/2012
In an article titled “The Unneccessary Gravity of the Soul: Public Service
Broadcasters or Government Mouthpieces – An Appraisal of Public Service Broadcasting in
Botswana” Vol. 10 Issue 1 April 2013 SCRIPT ed TB Balule writes that public broadcasting
service “which is a particular way of exercising freedom of expression, serves as a vehicle for
self-expression, a reflection of public opinion, an informer of the public, and a participant in the
formation of public opinion”.
Pluralism and diversity of programmes promote the full enjoyment of freedom of
expression in that they ensure that citizens have access to a wide range of information and ideas
on a variety of subjects. One of the fundamental requirements of the right to freedom of
expression is the need for a broad plurality of information: Inter American Court of Human
Rights Rios et al. v Venezuela, Judgment of January 28, 2009 para. 106. A public broadcaster
that is free from political interference and commercial pressures has the potential to ensure
quality programming covering a wide range of interests that respond to all sectors of the public
thereby promoting pluralism and diversity of programme content. Balule at pp 81-82.
What is of paramount importance is not the rights of the public broadcaster. What
is paramount is the collective right of the viewers and listeners in receiving a balanced
presentation of ideas and information on diverse matters of public concern by television and
radio. The public’s free speech interest in broadcasting is a collective and not an individual right
in that the people as a whole retain their interest in free speech by radio and television. The
people as a whole also retain the collective right to have the medium of television and radio
broadcasting function consistently with the ends and purposes of the constitutional protection of
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