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. South Africa is governed by a constitution, passed in 1996, which is widely respected as one of the most progressive in the world. Section 16 of the South African Constitution guarantees and protects the right to freedom of expression, including media freedom: (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 in its section 32 also 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. Such legislation has been put in place with the Promotion of Access to Information Act 2000. 10 AFRICAN MEDIA BAROMETER SOUTH AFRICA 2010