African Media Barometer South Africa 2013 Summary Freedom of expression and of the media are guaranteed in Section 16 of the South African Constitution.1 Freedom of expression includes freedom to receive or impart information, freedom of artistic creativity, academic freedom and freedom of scientific research. However, these freedoms, including those relating to the media, are not enforced. Thus, there is no obligation by the State to actively promote and enforce these rights. In addition, the limitations to freedom of expression are not clearly defined. These two points make the freedom of expression environment vulnerable. This vulnerability was exposed in May 2012 in the case of a painting titled the Spear by artist Brett Murray that depicted South African President Jacob Zuma’s exposed genitals. Zuma filed an urgent court application to have the painting – and all versions of it – removed from the Goodman Gallery where it was mounted and from the website of City Press, the newspaper which first broke the story. Zuma claimed the artwork had overstepped the mark and acceptable levels of freedom of expression. In addition, the ruling African National Congress (ANC) called upon its members and sympathisers to boycott placing advertising in and buying the weekly paper. ANC supporters also staged marches on the gallery. There seems to be a growing backlash by the ANC to the rightful exercise of free expression by individuals in the country. Although more progressive than other countries in the region, South Africa still has some repressive apartheid-era laws on its statute books. These laws, which include the National Key Points Act,2 the Defence Act 3 and the Prisons Act,4 have the potential to curtail freedom of expression in the country. For instance, the National Key Points Act was invoked in early 2013 by the Department of Public Works in an attempt to prevent an investigation of the upgrade of President Zuma’s homestead Nkandla. Since the last AMB in 2010, a Bill threatening freedom of expression in the country, the Protection of State Information Bill, has been passed by Parliament in April 2013 and is awaiting the signature of the President to become law. The Bill faced severe criticism from civil society organisations and after intense lobbying, some amendments were made, including the removal of section 49, which would have criminalised disclosure of information related to any national security 1 2 3 4 South Africa. Constitution of the Republic of South Africa, Act 108 of 1996. South Africa. National Key Points Act 102 of 1980. South Africa. Defence Act, Act 44 of 1957. South Africa. Prisons, Act 8 of 1959. AFRICAN MEDIA BAROMETER SOUTH AFRICA 2013 9