SECTOR 1

1.1 Freedom of expression, including freedom of
the media, is guaranteed in the constitution and
supported by other pieces of legislation
Section 24 (1) and (2) of the constitution of the Kingdom of eSwatini guarantees
the right to freedom of expression, including the freedom of the media:
1. A person has a right to freedom of expression and opinion.
2. A person shall not, except with the free consent of that person, be hindered
in the enjoyment of the freedom of expression which includes the freedom
of the press and other media, that is to say:
a. freedom to hold opinions without interference;
b. freedom to receive ideas and information without interference;
c. freedom to communicate ideas and information without interference
(whether the communication be to the public generally or to any person
or class of persons); and
d. freedom from interference with the correspondence of that person.
That said, the constitution also notes the limits of these freedoms in Section (3),
which states:
1. 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.

c.

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; or

iv.

regulating the technical administration or the technical operation of
telephony, telegraphy, posts, wireless broadcasting or television or
any other medium of communication; or

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.

Importantly, despite the important provisions of Section 24 (1) and (2) of the
constitution, these freedoms are not supported by other pieces of legislation and
there has been little effort to review and reform existing legislation to align them
to these constitutional principles.

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AFRICAN MEDIA BAROMETER ESWATINI 2018

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