But this criticism is based on a simplistic and erroneous view of freedom of expression. The right to freedom of expression, viewed as a pillar of democracy, is clearly addressed in article 19 of the iccpr of 1976, which has been ratified by south africa. Pen south africa, founded in 1927, is one of more than 140 centres of pen international, which currently operate in over 100 countries. Defining defamation defending freedom of expression and. Chapter two of the constitution of south africa wikipedia.
The constitution of south africa states that when interpreting the bill of rights contained in. Sep 16, 2015 freedom of expression is not black and white. It involves confronting south africas colonial, racist past to redress the issues which still cause humiliation in. The dam is the main source of water for the municipality of mossel bay as well as the gastoliquids refinery petrosa. However, as pundits claim the space to hold to account the government and, less frequently, business, the past five years have seen worrying moves against free expression. One such right is the right to freedom of expression, and expression in the form of dress is a critical element of such expression within the school context. A portion of south africans not aware that freedom of. There is an obvious need for civil society, ngos and other actors including me as special rapporteur on freedom of expression in africa, to keep raising awareness of the principles of freedom of expression in africa, to campaign for the implementation of the relevant instruments and to call on governments to respect their obligations under. Learning freedom of expression islamic university of gaza. Johannesburg president jacob zuma of south africa gave an unusual speech at the u. To be sure, africa had a few female rulers earlier in the twentieth century, but none had been elected. The campaign also aimed to take advantage of recent changes to south african legislation that allows for. Under ugandas previous dictatorships following independence, and particularly during the murderous rule of idi amin, there was little respect for human rights or freedom of expression, either in law or practice. Important factors in this relationship are freedom of expression, access to information and the governments acceptance of critique.
Newspapers often report on the violation of learners rights. Learning freedom of expression perspectives on the role of the media in the new south africa author. Learners understanding of their right to freedom of. South africa ought to be, and relates the different views to normative theories of mass media.
The expression of controversial ideas or opinions, no matter how offensive. Mail and guardian media limited first applicant independent newspapers pty ltd second applicant media 24 limited third applicant and m j chipu n. Constitutional court of south africa case cct 612 20 zacc 32 in the matter between. South african journal of communication disorders journal of the south african speech and hearing association. Freedom of expression, as the south african novelist nadine gordimer writes in these pages today, quoting edward said, is about defeating the. Chapter 1 founding provisions, section 6 languages of the constitution of south africa is the basis for government language policy, and section 29 chapter 2, bill of rights places positive responsibilities upon the state in this regard. It is important to understand learners understanding of the right to freedom of expression, as they are the leaders of tomorrow and the right to freedom of expression is central to the survival of democracy. The independent communications authority of south africa icasa must conduct an immediate and thorough investigation of the jamming of cell phone signals in south african parliament during the state of the nation address, pen american center said today, echoing its counterparts pen south africa and pen afrikaans. Declaration of principles on freedom of expression in africa.
Freedom of speech and association in south africa oxford law. However, she said the right does not extend to speech that advocates hate based on race, gender, religion and incitement to cause harm. Since the implementation of the 2008 protection of the information bill and the 2010 proposed media appeals tribunal, it is often argued that these two developments may affect the countrys press freedom problematically. Consulates in south africa closed september 22 the u. Right to freedom of expression the right to freedom of expression is guaranteed and protected in section 39 of the 1999 constitution of nigeria in the following terms. Preamble reaffirming the fundamental importance of freedom of expression as an individual human right, as a. Media law and practice in southern africa 5 in south africa itself a liberal freedom of information regime has recently been enacted. Power was clearly held by men in public and political spheres. The national party of south africa that came to power in 1948, named afrikaans for apartness and ruthlessly enforced the comprehensive policy of apartheid.
Freedom of expression is limited in all democracies. An analysis of the conflict between freedom of expression and trademark protection by hazel worthington submitted in fulfilment of the requirements for the degree. The internet wars introduction it was an eleven page fax, unsigned, with a telkom cover sheet, addressed to ispa, the internet service providers association. As a new freedom of information bill is making its way through south africas legislature, mark silberstein looks at the history of press freedom and asks whether the anc has lost its way. In my view, these examples do not find application in south africa where journalists and citizens enjoy the benefits of the law and the constitution. However, racial segregation had long been practiced in south africa before the national party came to power. May 31, 2012 these are unprecedented times, and the role of media to tell and record the story of south africa as it develops is more important than ever. South africa must recognize its role in african union. South africa is emerging from a society that has been deeply censored.
In line with the above, the organizations communication and information sector promotes freedom of information foi in the region, recognizing it as being instrumental to the achievement of other rights. Constitutional court of south africa case cct 4400 the state versus russell mamabolo appellant intervening e. No court in south africa will agree with this view. Only a few days previously, on 11 june 1996, telkom, south africas giant, stateowned. Foundation for professional development and imsa win. Consulates general in cape town, durban and johannesburg would like to remind u. The foundations vision of success is a just and fair society in which a people are aware of and able to exercise their rights and responsibilities and b organizations, the state, private. Where do we draw the line on freedom of expression in sa. The issue of school dress codes in south africa is examined with reference to the experiences of four other countries, in order to determine the constitutionality of such dress codes, and whether dress codes are an impermissible limitation of learners freedom of expression, couched in permissible sounding language. The recent decline in press freedom in south africa van.
Students, websites, and freedom of expression in the. In a plea for better relations between the united nations and the african union, he blamed the west for the weakness of. Tv business day freedom of expression institute amici curiae heard on. There are two international covenants that impact on freedom of expression, the international covenant on. Republic of south africa 1996 constitution on articles 19 and 20 of the udhr and the importance of freedom of expression in the new south african democracy is affirmed and guaranteed in section 161. Unescos 200820 mediumterm strategy, designated africa, along with gender equality, as its two global priorities. When, in 1977, the apartheid government banned the world and weekend world, and when percy qoboza was imprisoned for six months, without. South africa faces a scourge of racist and xenophobic attacks. Chairperson of the refugee appeal board first respondent radovan krejcir. The right to freedom of expression insouthafrica jane duncan. South africa the beacon for freedom of expression project. The limits to freedom of expression will, and should be, guided by each individuals conscience, rather than be determined by an arbitrary political faction of the current custodians of our.
With it have come far reaching legal implications for the entire south african community, from the declaring of a. You must be an education provider to purchase this book. Empress zauditu, for instance, ruled ethiopia from 1917 to 1930. Chapter two of the constitution of south africa contains the bill of rights, a human rights charter that protects the civil, political and socioeconomic rights of all people in south africa. Partner in the technology, media, telecommunication and intellectual property department at webber wentzel, nozipho mngomezulu, said online and social media comments showed that a number of south africans are not aware that their right to freedom of expression is not without limits. South africa, where this issue has not been as thoroughly thrashed out in jurisprudence as in the us. If liberty means anything at all, it means the right to tell people what they dont want to hear.
By clicking add to cart, i confirm that i am an education provider. The birth of the bill of rights life equality human dignity freedom and security slavery, servitude and forced labour freedom of expression assembly, demonstration. Everyone has the right to freedom of expression, which includes a. The climate of south africa is determined by south africas situation between 22 s and 35s. The data are expressed in terms of melanin index mindex and the degree. Global freedom of expression the free press of namibia. A worldwide, politically nonaligned organisation of writers, pen international is dedicated to promoting freedom of expression, and encouraging the growth and strengthening of literature. Ms mngomezulu said s 16 of the constitution gives all south africans the right to freedom of expression, which includes the rights to press and other media, and freedom to receive or impart information or ideas.
Students, however, do not have this right to the same extent as adults. This is because public schools are required to protect all students at the school. It is now enjoying basic rights and freedoms that many other countries may take for granted. An analysis of the conflict between freedom of expression and. The rights in the bill apply to all law, including the common law, and bind all branches of the government, including the national executive, parliament, the judiciary, provincial governments and. Declaration of principles on freedom of expression in africa, african commission on human and peoples rights, 32nd session, 17 23 october, 2002.
Hate speech and freedom of expression in south africa raith foundation this module was produced with support from the raith foundation. Where do we draw the line on freedom of expression in sa universities. The high road1 2 prof kobus van rooyen sc3 one i am honoured by the request of the national press club to deliver the percy qoboza memorial lecture. This is done by a qualitative analysis of documents on the governments position and indepth interviews with journalists. An analysis of the conflict between freedom of expression. Wolwedans dam is a concrete dam in south africa located on the great brak river near mossel bay, western cape, south africa. Abstract this paper examines the density, distribution and characteristics of mid. The constitution states that the right to freedom of expression does not extend to advocacy of hatred that is based on race, ethnicity, gender or religion, or that constitutes incitement to cause harm. Introduction 1 how far can one go in criticising a j udge. A training manual modified version of the the right reforms. The issue of school dress codes in south africa is examined with reference to the experiences of four other countries, in order to determine the constitutionality of such dress codes. Protection of a legitimate national security interest any restriction on expression or information that a government seeks to justify on grounds of national security must have the genuine purpose and demonstrable effect of protecting a legitimate national security interest. Freedom of expression is one of the cornerstones of our nascent constitutional democracy, and it is unquestionably a principle worth defending.
With it have come far reaching legal implications for the entire south african community, from the declaring of a critical concept in. Students, websites, and freedom of expression in the united. Global freedom of expression is an academic initiative and therefore, we encourage you to share and republish excerpts of our content so long as they are not used for commercial purposes and you respect the following policy. Section 29 states that everyone has the right to receive education in the official language or. Health sector reform and sexual and reproductive health.
In each area, todays south africa presents a paradox. South africas adoption of the right to freedom of expression in its constitution is reflected in a lively national debate as democracy takes root. Little is known about the effect of latitude on mean concentrations of 25ohd. Jan 26, 2017 the price tag of this freedom is that we need to be willing to tolerate views that are different to our own even views that we may find to be personally offensive, disturbing or shocking. Sep 26, 2015 where do we draw the line on freedom of expression in sa universities. Saha south african history archive freedom of expression. South african press freedom under threat fair observer. Training manual prepared for the short course for mph and msc students conducted in the school of public health, university of witwatersrand johannesburg, south africa 1923 june 2006. My inquiry focused on grade 11 learners understanding of the right to freedom of expression. Many of these violations and critical incidents are related to the right to freedom of expression, which is internationally viewed as a core right in a democracy. Journal of the south african speech and hearing association.
In terms of political culture, south african society played a key role in achieving democracy through its widespread opposition to the apartheid regime. It involves confronting south africas colonial, racist past to. The birth of the bill of rights life equality human dignity freedom and security slavery, servitude and forced labour freedom of expression assembly, demonstration, picket and petition freedom of association political rights citizenship freedom of movement and residence freedom of trade, occupation and profession labour relations environment. The new political activism in africa aili mari tripp u ntil the 1990s, it was unheard of for an african woman to run for the presidency of her country. Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference. South africas constitutional right to freedom of expression is set out in section 16 of the constitution of the republic of south africa, 199610 and reads as follows. Attribute columbia global freedom of expression as the source. The high road1 2 prof kobus van rooyen sc3 one i am honoured by the request of the national press club to deliver the percy qoboza. South african move on hate speech a step too far human. Chairperson of the refugee appeal board first respondent radovan krejcir second respondent. Until recently, south africa was a mans country morrell, 2001. Freedom of expression is important, but not absolute. Article 19 has been active in lobbying for the enactment of freedom of.
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