Freedom of expression under the new constitution

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Periodical article

Title:	Freedom of expression under the new constitution
Author:	Burns, Yvonne M.
Year:	1997
Periodical:	The Comparative and International Law Journal of Southern Africa
Volume:	30
Issue:	3
Pages:	264-286
Language:	English
Geographic term:	South Africa
Subjects:	constitutions 1996 freedom of speech freedom of the press
Abstract:	Section 16 of the Constitution of the Republic of South Africa Act 108 of 1996 is a more detailed provision than its predecessor in that it extends the scope of freedom of expression to incorporate the freedom to receive and impart information and ideas. This article first addresses the philosophical basis of the right to free expression and then analyses the content of the right as defined in section 16(1). It first discusses section 16(1)(a) on the freedom of the press and other media, paying attention to such issues as the regulation of monopolies, cross-ownership, and internal measures of control. Then it deals with section 16(1)(b) on the right to receive and impart information and ideas. It argues that this section is in all probability a reaction to the 1980 states of emergency, when South Africa's population was deprived of information of national importance. Notes, ref.