African Media Barometer South Africa Sector 1: Freedom of expression, including freedom of the media, are effectively protected and promoted. 1.1 Freedom of expression, including freedom of the media, is guaranteed in the constitution and protected by other pieces of legislation. ANALYSIS: South Africa is governed by a constitution, passed in 1996, which is widely respected as one of the most progressive in the world. It guarantees and protects the right to freedom of expression including media freedom. Section 16 states: “(1) Everyone has the right to freedom of expression, which includes (a) freedom of the press and other media; (b) freedom to receive or impart information or ideas; (c) freedom of artistic creativity; and (d) academic freedom and freedom of scientific research. (2) The right in subsection (1) does not extend to – (a) propaganda for war; (b) incitement of imminent violence; or (c) advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.“ The Constitution further in section 32 protects the right to access information: “(1) Everyone has the right of access to (a) any information held by the state; and (b) any information that is held by another person and that is required for the exercise or protection of any rights. (2) National legislation must be enacted to give effect to this right, and may provide for reasonable measures to alleviate the administrative and financial burden of the state.” In Section 192, the Constitution requires that an independent body to regulate broadcasting be established: “National legislation must establish an independent authority to regulate broadcasting in the public interest, and to ensure fairness and a diversity of views broadly representing South African society.” The necessary rights and protections are therefore built into the Constitution and the laws required by the Constitution have been put in place, namely the Protection of Access to Information Act No 2 of 2000 (Paia) and the Independent Communications Authority Act (No 13 of 2000). The Constitutional Court and its judges are widely respected – and their judgements have proven their independence from stakeholders, including government. The Court has consistently shown firmness in defending the constitution and sensitivity in its balancing of freedom of expression against other individual rights. There have been few specific tests of the right So This Is Democracy? 2008 -198- Media Institute of Southern Africa