SECTOR 1 Section 32 of the Constitution specifically protects the right to access to information that is held by the state or held by another person and required for the exercise or protection of any rights. The Promotion of Access to Information Act9 was to give effect to this right, and panellists termed it “good on paper, but not necessarily in practice”. In May 2012, the commotion over ‘The Spear’, a painting by artist Brett Murray depicting the South African President Jacob Zuma’s exposed genitals, showed the vulnerability of freedom of expression legislation in South Africa. It highlighted the absence of laws that actively promote and protect freedom of expression. The painting caused considerable controversy in the country, literally polarising the nation. While civil society groups saw it as a sign that freedom of expression exists in South Africa, the ruling African National Congress (ANC) said it infringed on Zuma’s dignity as an individual and in his capacity as president. The ANC ultimately withdrew its case to ban the painting. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 3.8 (2010: 4.3; 2008: 4.3; 2006: 5.0) 1.2 The right to freedom of expression is practised and citizens, including journalists, are asserting their rights without fear. Generally journalists in South Africa do feel under pressure not to assert their rights to express themselves freely as a result of punitive lawsuits or even physical threats. “If you are seen to be contrary to the status quo, your access to interviews may be denied, so there is definitely some degree of self-censorship.” 9 South Africa. Promotion of Access to Information, Act 2 of 2000. AFRICAN MEDIA BAROMETER SOUTH AFRICA 2013 15