SECTOR 1 the rights enshrined in the constitution, such as freedom of expression, with a person’s right to an untainted reputation or character. The Criminal Procedure Act deals with punishment for crimen injuria. In March 2018, former Johannesburg real estate agent, Vicki Momberg, was sentenced to two years in prison for crimen injuria following her racist tirade. ‘While the ANC talked about removing this law in 2015 and legislation was even drafted in this regard, it never happened. Cases like that of Momberg indicate to me that this won’t be scrapped.’ Panellists acknowledged the existence of the Promotion of Access to Information Act of 2000, which supports freedom of information and thus can be seen as a supporting law in terms of freedom of expression. A panellist noted, ‘What is a guarantee of freedom of expression, however, when it has other tensions tied to it, including cultural and traditional ones?’ In this regard, mention was made of the 2017 isiXhosa film Inxeba (The Wound) which tackles issues of homosexuality, culture and masculinity and which was classified by the Film and Publication Board (FPB) Appeals Tribunal as hardcore pornography and given an X18 rating. In June 2018, the North Gauteng High Court overturned this classification, saying the FPB’s Appeal Tribunal process was legally flawed. Another panellist felt that the Regulation of Gatherings Act of 1993 was unconstitutional in terms of freedom of expression, because the implementation of this law did not correlate with the Act itself, ‘the fine print hampers people’s protest abilities’, whilst city by-laws restrict where people can protest. For example, protests are not allowed at the ANC’s Luthuli House in Johannesburg or at Pretoria’s Union Buildings. While post-apartheid legislation was generally felt ‘to speak in line with the constitution, the problem is that there is so much apartheid-era legislation that is still on our statute books…’, such as the Riotous Assemblies Act of 1956. ‘Yes, freedom of expression is guaranteed in our constitution, but given some of the old legislation which is still used, this detracts from the support it could get.’ 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: 10 AFRICAN MEDIA BAROMETER SOUTH AFRICA 2018 ✓✓✓✓✓ ✓ ✓✓✓✓✓✓ 4.9 (2013: 3.8, 2010: 4.3; 2008: 4.3; 2006: 5.0)