SECTOR 1 African Media Barometer South Africa 2018 Summary South Africa has one of the most progressive constitutions, with a Bill of Rights that enshrines the rights of all people in the country and affirms the democratic values of human dignity, equality and freedom. The right to freedom of expression and the media is protected in Article 16 of the constitution, with limitations that are reasonable and justifiable in an open and democratic society. Freedom to access information is guaranteed in Section 32(1), which states that everyone has a right of access to any information held by the state and information held by private persons that is required for the exercise or protection of any right. These rights create an environment where freedom of expression and opinions are guaranteed and respected. However, the existence of apartheid-era legislation still on the statute books such as the National Key Points Act,1 the Defence Act and the Riotous Assemblies Act, has the potential to curtail freedom of expression in the country: the state may invoke these laws at any time. One example was the use of legislation from the apartheid-era to hinder critical reporting on public money spent on former President Jacob Zuma’s private homestead at Nkandla. Journalistic freedom of expression and the right to freedom of expression by creative writers and activists seem to be under threat, as seen in the cases of journalists and authors receiving death threats and the banning of the film Inxeba (The Wound) which tackles issues of homosexuality, culture and masculinity. Some environmental justice activists have been murdered for speaking out against fracking and other environmental issues. These developments create a chilling effect on freedom of expression. The government honours regional and international instruments on freedom of expression and freedom of the media and makes efforts to incorporate these into the country’s laws. Conversely, it is also introducing legislation that hampers freedom of expression, such as the Prevention and Combating of Hate Crimes and Hate Speech Bill, and the Film and Publications Amendment Bill. A fully functional democracy in any country depends on access to different sources of information. South Africa has a wide range of sources of information across the media spectrum (print, broadcasting and digital media). However, access is skewed in favour of upper-income audiences who are well served by a plurality of media, while the lower-income population has limited access to diverse and plural information sources. Due to the fact that the South African media is largely corporate and advertising driven, the poor and marginalised are the least important group for the media to reach because of their low disposable income. Language also acts as a barrier to access as most publications are in English, thus limiting access to non-English speaking readers. Community media, specifically broadcasting, has the potential to provide access to marginalised people. South 5 AFRICAN MEDIA BAROMETER SOUTH AFRICA 2018