African Media Barometer Swaziland 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: The Constitution of the Kingdom of Swaziland came into effect on 8 February 2006. Freedom of expression and freedom of the media are guaranteed and protected by the Constitution, but there are no other pieces of legislation that protect these twin freedoms. Section 24 of the Constitution states: “(1) A person has a right of freedom of expression and opinion. (2) A person shall not except with the free consent of that person be hindered in the enjoyment of freedom of expression, which includes the freedom of the press and other media…” However, Section 24 (3) contains broad limitations on the right to freedom of expression which can undermine the protections provided in clauses (1) and (2). It states: “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 – (a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health; (b) that is reasonably required for the purpose of – (i) protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings; (ii) preventing the disclosure of information received in confidence; (iii) maintaining the authority and independence of the courts; (iv) regulating the technical administration of the technical operation of telephony, telegraphy, posts, wireless broadcasting or television or any other medium of communication; (c) that imposes reasonable restrictions upon public officers, except so far as that provision or, as the case may be, the thing done under the authority of that law is shown not to be reasonably justifiable in a democratic society. Such elaborate limitations can be used to curtail freedom of expression and freedom of the media. For example, allowing freedom of expression to be restricted in the interests of public morality gives huge scope for prohibiting free speech since there are no agreed moral standards. Further, So This Is Democracy? 2007 -226- Media Institute of Southern Africa