SECTOR 1 1.1 Freedom of expression, including freedom of the media, is guaranteed in the constitution and supported by other pieces of legislation Freedom of expression is indeed guaranteed by the South African Constitution of 1996 under Section 16, which states: 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, however, limited. Section 16 contains its own internal limitations clause which reads as follows: 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. Most of the panellists considered these limitations as reasonable, while a few felt that in certain contexts, they could be too restrictive. ‘Recently there has also been lots of legislation coming out that hampers freedom of expression and there has been a push for policies that are more restrictive than supportive of freedom of expression.’ In this regard, mention was made of the Prevention and Combating of Hate Crimes and Hate Speech Bill, and the Films and Publications Amendment Bill. Another panellist pointed out that for the purposes of this Indicator, credence should not be given to bills that have yet to be passed (such as the Secrecy Bill, formally known as the South African Protection of State Information Bill). ‘We should only deal with laws on our statute books: those that are in force.’ Concern was raised about criminal defamation and insult laws, ‘which are still a big problem’. In 2015, the ruling African National Congress (ANC) Party, through Minister in the Presidency Jeff Radebe, embarked upon a campaign to remove the laws, saying they were unconstitutional as they detracted from freedom of speech and the free circulation of ideas and information. This campaign was not followed through. South Africa does not have a criminal defamation act, only crimen injuria in the common law, which is recognised in the statutes and defined as “the act of unlawfully and intentionally impairing the dignity or privacy of another”. When faced with cases of defamation, courts have the difficult task of balancing 9 AFRICAN MEDIA BAROMETER SOUTH AFRICA 2018