I
The Guarantee of Freedom of Expression
1. Freedom of expression and information, including the right to seek, receive and impart
information and ideas, either orally, in writing or in print, in the form of art, or through
any other form of communication, including across frontiers, is a fundamental and
inalienable human right and an indispensable component of democracy.
2. Everyone shall have an equal opportunity to exercise the right to freedom of expression
and to access information without discrimination.
II
Interference with Freedom of Expression
1. No one shall be subject to arbitrary interference with his or her freedom of expression.
2. Any restrictions on freedom of expression shall be provided by law, serve a legitimate
interest and be necessary in a democratic society.
III
Diversity
Freedom of expression imposes an obligation on the authorities to take positive measures to
promote diversity, which include among other things-:
  availability and promotion of a range of information and ideas to the public;
  pluralistic access to the media and other means of communication, including by
vulnerable or marginalised groups, such as women, children and refugees, as well as
linguistic and cultural groups;
  the promotion and protection of African voices, including through media in local
languages; and
  the promotion of the use of local languages in public affairs, including in the courts.
IV
Freedom of Information
1. Public bodies hold information not for themselves but as custodians of the public good
and everyone has a right to access this information, subject only to clearly defined rules
established by law.
2. The right to information shall be guaranteed by law in accordance with the following
principles:
  everyone has the right to access information held by public bodies;
  everyone has the right to access information held by private bodies which is
necessary for the exercise or protection of any right;
  any refusal to disclose information shall be subject to appeal to an independent body
and/or the courts;
  public bodies shall be required, even in the absence of a request, actively to publish
important information of significant public interest;
  no one shall be subject to any sanction for releasing in good faith information on
wrongdoing, or that which would disclose a serious threat to health, safety or the
environment save where the imposition of sanctions serves a legitimate interest and
is necessary in a democratic society; and
  secrecy laws shall be amended as necessary to comply with freedom of information
principles.
3. Everyone has the right to access and update or otherwise correct their personal
information, whether it is held by public or by private bodies.
So This Is Democracy? 2008

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Media Institute of Southern Africa

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