SECTOR 1

Freedom of expression, including
freedom of the media, is effectively
protected and promoted.
1.1
Freedom of expression, including freedom
of the media, is guaranteed in the constitution and
supported by other pieces of legislation.
Freedom of expression has always been guaranteed in the constitution of Mauritius.
Section 12(1) of the Constitution of Mauritius states that:
“except with his own consent, no person shall be hindered in the enjoyment of his
freedom of expression, that is to say, freedom to hold opinions and to receive and
impart ideas and information without interference, and freedom from interference
with his correspondence.”
Within Section 12 there is a subsection that limits this right:
Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of this section to the extent that the law in
question makes provision:
“in the interests of defence, public safety, public order, public morality or public
health; for the purpose of protecting the reputations, rights and freedoms of other
persons or the private lives of persons concerned in legal proceedings, preventing
the disclosure of information received in confidence, maintaining the authority
and independence of the courts, or regulating the technical administration of
the technical operation of telephony, telegraphy, posts, wireless broadcasting,
television, public exhibitions or public entertainments; or for the imposition of
restrictions upon public officers,except so far as that provision or, as the case may
be, the thing done under its authority is shown not to be reasonably justifiable in
a democratic society.”
So, while freedom of expression which includes freedom of the media is generally
guaranteed under the Constitution of Mauritius, there are some worrying
potential restrictions on the use of this right. For example, limitations to the right
to freedom of expression are possible in the interest of “public morality”. This is a
very vague concept, open to all sorts of interpretation.

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AFRICAN MEDIA BAROMETER MAURITIUS 2010

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