According to the universal declaration of human rights, freedom of expression is the right of every individual to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of front. In south african courts, too, this right is viewed as central to a constitutional. The debate on freedom of speech and academic freedom at universities in south africa is complicated by the. This collection of speeches and messages ranges from the 1950s to 2010, starting with his address at the annual conference of the african national congress youth league in 1951. South africas long walk to freedom of expression free speech holds the powerful to account and is essential to ending apartheids legacy of division, argues nooshin erfanighadimi. The freedom of speech is not an absolute in any country and it is rightly common subject to limitations.
We respect the right to freedom of expression of all citizens, but strongly condemn comments that advocate hatred toward a person or a group of people based on race, as well as misleading and false statements regarding the facultys policies and processes. Quotations in this summary were taken from the relevant country surveys. Coders rights and free speech at risk in south africa. It would also inspire several liberation movements, including those that fought against apartheid in south africa. Declaration of principles on freedom of expression in africa.
Litigating cases of limitations to the exercise of freedom of speech and opinion 23 chapt er 3 justithable limitations to the right to freedom of expression note it is interesting that courts have recognised that sometimes protecting rather than limiting free speech is more beneficial to the safety of a state. Africas freedom struggles and the universal declaration. The future of media freedom in south africa under threat. Kwame nkrumah speech that will unite africa youtube. The importance of freedom of expression chapt er 2 the importance of freedom. Freedom of expression also supports artistic, scientific and commercial development.
Hate speech and free speech are two entirely different. The republic of south africa is one, sovereign, democratic state founded on the following values. Declaration of principles on freedom of expression in africa preamble reaffirming the fundamental importance of freedom of expression as an individual human right, as a cornerstone of democracy and as a means of ensuring respect for all human rights and freedoms. Last year, south africas press freedom index was 38, after falling five places because of attacks on journalists during the fifa world cup in johannesburg and cape town in 2010. The importance of freedom of expression in freedom of speech allows people to voice their morals and independence as well as their political views. Speeches and messages by nelson rolihlahla mandela. The key differences between hate speech and free speech in. Freedom of expression is guaranteed in the constitution and a slew of institutions and laws support the. In the south african context the scope of freedom of expression is grounded on. We draw on language both legal and ethical to describe a postcensorship society in which debate around free speech is robust even when it is difficult. Freedom day on 27 april is an annual celebration of south africa s first nonracial democratic elections of 1994. Twenty years of south african democracy freedom house.
Mvezo, however, was a place apart, a tiny precinct removed from the world of great events, where life was lived much as it had been for hundreds of years. The state of free access to information and freedom of expression. Oct 18, 2017 why media freedom remains fragile in south africa. Reporters without borders rsf annual worldwide press freedom index covering the period from december 2011 to end november 2012 reflects the degree of freedom journalists and news organisations enjoy in each country, and the efforts made by each state to respect and ensure respect for this freedom. Freedom of speech is recognized by human rights and it is recognized in international rights law. Freedom of the press 2015, the latest edition of an annual report published by freedom house since 1980, found that global press freedom declined in 2014 to its lowest point in more than 10 years. The most topical of the freedoms in south africa currently is the freedom of the press and other media and the freedom of artistic creativity. Freedom of speech and expression are both protected and limited by a section in the south african bill of rights, chapter 2 of the constitution. Monitoring and defending freedom of expression and privacy. The african charter guarantees the right to freedom of expression in article 9. The freedom charter was a document ratified at the congress of the people held at kliptown, soweto, south africa in june 1955 by the various member bodies of the congress alliance.
The debate on freedom of speech and academic freedom at universities in south africa is complicated by the cultural and. In light of south africa s racial and discriminatory history, particularly the apartheid era, the constitution of the republic of south africa of 1996 precludes expression that is tantamount to the advocacy of hatred based on some listed grounds. The rate of decline also accelerated drastically, with the global average score suffering its largest oneyear drop in. This gave rights to the white minority but took away the right to vote of the majority of south africans. Freedom of speech and expression has a long history that predates modern international human rights instruments.
South africas long walk to freedom of expression free. Nelson mandela describes his inauguration speech as south africa s first democratic president. The rights in the bill apply to all law, including the common law, and bind all branches of the government, including the national executive, parliament, the judiciary, provincial governments and. The right to freedom of expression insouthafrica jane duncan. Section 9, the equality clause, prohibits unfair discrimination on various grounds including religion and requires national legislation to be enacted to prevent or prohibit unfair discrimination. Coders rights and free speech at risk in south africa share it share on twitter share on facebook copy link by identifying and disclosing vulnerabilities, coders are able to improve security for every person who depends on information systems for their daily life and work. The first constitution for the union of south africa was adopted in 1910. Freedom of speech and association in south africa oxford law. In 1960 the white government held a referendum to decide whether south africa would become a republic. The analysis then will then consider how freedom of expression affects the application of trademark law. Freedom of speech is of no use unless we exercise it. Jubilant crowds listen to the speech of president nelson mandela at his inauguration as south africa s first black president 10 may 1994, pretoria, south africa. Former president nelson mandela has made many memorable speeches over the years.
The key differences between hate speech and free speech in south africa what you can and cant say in south africa remains a divisive issue. South africa free speech and free press around the world. The policies set out in the charter included a demand for a multiracial, democratically elected government, equal opportunities, the nationalization of banks, mines, and heavy industries, and a redistribution of land. The other, as expressed by the muslim opponents of the publication of the cartoons, is that there are limits to freedom of expression, and that one of these is the denigration of religion and through that the. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. Hate speech and freedom of expression in south africa preface the freedom of expression institute sought to prepare a module on hate speech in south africa with the aim of providing basic insight on the framework of hate speech as an aspect of freedom of expression to individuals, communities, social groups and civil society in general. On 31 may 1961 south africa was declared a republic. Litigating cases of limitations to the exercise of. Jan 16, 2016 gareth cliff, a prominent south african media personality and an idols judge, was fired last week by mnet.
The debate on freedom of speech and academic freedom at universities in south africa is complicated by the cultural and ideological diversity that characterizes a society in which racial. Freedom of speech and academic freedom are widely recognized prerequisites for the maintenance of national and international freedom to communicate with colleagues in the relentless, objective, scholarly pursuit of knowledge and the advancement of the human condition. May your freedom of expression always be treasured. Ghana was the first place in subsaharan africa where europeans arrived to trade. Freedom of speech and the danish cartoon controversy. The terms freedom of speech and freedom of expression as used in this report are interchangeable. The importance of freedom of expression southern africa. The constitutional dispensation in south africa heralded the importance of the. Jubilant crowds listen to the speech of president nelson mandela at his inauguration as south africas first black president 10 may 1994, pretoria, south africa. According to freedom house, egypt, syria, india and the central african republic are amongst the countries which have seen a decline in press freedom since 2009, led by. While there is strong disappointment with the government and its leaders.
Chapter 2 of the constitution of south africa, the bill of rights, contains a number of provisions dealing with religious freedom. Where do we draw the line on freedom of expression in sa. The legal basis for freedom of expression in england, scotland and wales limitations on freedom of expression in different contexts including those relating to hate speech criminal offences relating to hate speech and sentencing freedom of expression and the media the role of public bodies in hate speech. What is freedom of expression and why is it important. He says there was a rainbow gathering of people of all races and. Legislation impacting on freedom of expression in south africa. It is thought that the ancient athenian democratic principle of free speech may have emerged in the late 6th or early 5th century bc. Pdf the issue that this article dealt with is whether, in south african law, speech that infringes upon the religious feelings of an individual is. Ghana is continuously ranking among the top three in africa for freedom of speech. Library and information services gplis, pretoria, south africa. Aug 08, 2018 in south africa, chapter 2 section 161 of the constitution guarantees that everyone has the right to freedom of expression, including.
It is significant because it marks the end of over three hundred years of colonialism, segregation and white minority rule and the establishment of a new democratic government led by nelson mandela and a new state subject to a new constitution. In south africa, chapter 2 section 161 of the constitution guarantees that everyone has the right to freedom of expression, including. Litigating cases of limitations to the exercise of freedom of speech and opinion 11 the importance of freedom of expression frequencies, or equipment used in the dissemination of information, or by any other chapt er 2 means tending to impede the communication and circulation of ideas and opinions. Freedom of the press and the dangers of provocation. Chapter two of the constitution of south africa wikipedia. But some stand out as beacons guiding and inspiring peoples all over the world and for generations. The right to freedom of expression in south africa foundation for. He tweeted people really dont understand free speech at all, in response to the. The south african high court commented that freedom of expression is the freedom. Dear gareth cliff, freedom of speech has limitations the. The rate of decline also accelerated drastically, with the global average score suffering its largest oneyear drop in a decade. South africas freedom of the press index is slowly improving. Africas freedom struggles and the universal declaration of.
The analysis will, with special emphasis on the united states of america and on south africa, consider the importance of freedom of expression in different jurisdictions. When we talk about freedom of expression, we mean both the spoken and written word, as well as actions, gestures and the display of images intended to show meaning. Sep 26, 2015 where do we draw the line on freedom of expression in sa universities. An analysis of the conflict between freedom of expression and. The conference brought together freedom fighters from all over africa including. Limits on freedom of expression library of congress. All national movements for freedom and justice spread ripples beyond their national boundaries. The primary task of this survey is to examine why and whether speech ought to be protected more or. Slavery, colonialism, one party dictatorships, military coups and rule, and here in south africa, a long period of apartheid all survived through suppression of freedom. The idea that some of south africa s democratic challenges to freedom are the result of social tensions rather than government repression is one also voiced by van graan in the context of. We offer an overview of the key difficulties, challenges, limitations and possibilities around free speech in south africa in 2016. The freedom charter called for equality in south africa.
Africa is a continent with many scars that are marks of its long and bitter struggle for freedom though the course of our history. From experience, it is clear that issues of race, especially discrimination based on race, is an emotive issue in south africa. The constitution states that everyone has the right to freedom of expression including. Wj van vollenhoven the right to freedom of expression. The freedom movement is a political home for you too. The rights in the bill apply to all law, including the common law, and bind all branches of the government, including the national executive, parliament. Twenty years of south african democracy executive summary after 20 years of democracy, south africans celebrate that human rights have been realized and that society is transforming. This memorandum attempts to contextualise issues of freedom of expression in south africa, both in an historical and contemporary context. Freedom of speech, academic freedom, and challenges to.
South africa s freedom of speech policies, or freedom of expression as stated in the south african constitution, is arguably the most liberal on the continent. The right to asylum, to freedom from torture, to free speech and to education are. Limits on public speech all countries surveyed appear to expressly recognize the right to freedom of speech as a constitutional or fundamental right. Kwame nkrumah was made at a conference which took place in ghana accra. Where do we draw the line on freedom of expression in sa universities. Monitoring and defending freedom of expression and privacy on. Freedom of speech is freedom to speak anything without any censorship. Freedom of speech is among the most cherished constitutional rights in liberal democracies. Chapter two of the constitution of south africa contains the bill of rights, a human rights charter that protects the civil, political and socioeconomic rights of all people in south africa. The legal basis for freedom of expression in england, scotland and wales limitations on freedom of expression in different contexts including those relating to hate speech criminal offences relating to hate speech and sentencing freedom of expression and the media the role of public bodies in hate speech cases. The values of the roman republic included freedom of speech and freedom of religion. Long walk to freedom by nelson mandela flashcards quizlet. Pdf dignity, religion and freedom of expression in south africa.
1206 1212 386 1284 878 1067 899 1014 462 200 479 1155 814 880 1466 394 1531 93 496 41 310 777 666 589 278 231 757 1031 871 808 207 287 343