SECTOR 1

Freedom of expression, including
freedom of the media, is effectively
protected and promoted.
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 and media freedom are guaranteed in the 2005 Constitution
of the Kingdom of Swaziland. Sections 24 (1) and (2) say:
(1) A person has a right to freedom of expression and opinion.
(2) A person shall not except with the free consent of that person be
hindered in the enjoyment of the freedom of expression, which includes
the freedom of the press and other media, that is to say (a) freedom to hold opinions without interference;
(b) freedom to receive ideas and information without interference;
(c) freedom to communicate ideas and information without interference
(whether the communication be to the public generally or to any
person or class of person); and
(d) freedom from interference with the correspondence of that person.
However, the constitution in section 24 (3) also provides for restrictions of these
rights:
Nothing contained in or done under the authority of any law shall be held to
be inconsistent with or in contravention of this section to the extent that the
law in question makes provision –
(a) that is reasonably required in the interests of defence, public safety,
public order, public morality or public health;
(b) that is reasonably required for the purpose of –
(i)	protecting the reputations, rights and freedoms of other persons
or the private lives of persons concerned in legal proceedings;
(ii)	preventing the disclosure of information received in confidence;
(iii) maintaining the authority and independence of the courts; or
(iv)	regulating the technical administration or the technical
operation of telephony, telegraphy, posts, wireless broadcasting
or television, or any other medium of communication; or
(c) that imposes reasonable restrictions upon public officers, except so
far as that provision or, as the case may be, the thing done under the

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AFRICAN MEDIA BAROMETER SWAZILAND 2011

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