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. The South African Constitution does support freedom of expression under Section 16.8 This right is guaranteed and protected, and includes media freedom, but these rights are not enforced. One panellist stated: “The Constitution makes space for these rights to be protected but it does not make it an obligation for the State to actively promote and enforce it. Freedom of expression may not be infringed upon, but it is also not actively promoted, and this makes South Africa vulnerable.” Another panellist felt that Section 36 of the Constitution, which states that the State must promote the spirit of the Constitution and the Bill of Rights, implies that the State must enforce these rights. Section 16 of the Constitution reads: (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. This right to freedom of expression is limited, however. A limitation clause reads as follows: (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. At the time of the AMB, the Freedom of Expression Institute (FXI) was making a submission to Parliament to have the Constitution changed and for Section 16 to be amended, with a panellist noting that “internal limitation clauses are a danger sign for freedom of expression.” Panellists noted with concern that even the limitations are not clearly defined, for example what exactly qualifies as incitement. 8 14 South Africa. Constitution of the Republic of South Africa, Act 108 of 1996. AFRICAN MEDIA BAROMETER SOUTH AFRICA 2013