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 is guaranteed in the 2005 Constitution of the Kingdom
of Swaziland. However, subsequent clawback clauses restrict this right, and King
Mswati III can suspend the right to freedom of expression at his discretion.
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 persons); and
(d) freedom from interference with the correspondence of that person.
The subsequent clause provides restrictions to this freedom of expression, and is
worded in very broad terms:
24 (3) 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) 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 authority of
that law is shown not to be reasonably justifiable in a democratic society.

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AFRICAN MEDIA BAROMETER Swaziland 2014

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