FREE SPEECH – WHERE ARE WE NOW?
2024-05-07
This article aims to provide a bird’s eye view of the present legal landscape surrounding expression at present and act as a temperature gauge for how this hard-won right is doing.
This article aims to provide a bird’s eye view of the present legal landscape surrounding expression at present and act as a temperature gauge for how this hard-won right is doing.
In a significant move for South Africa’s legal landscape, the crime of defamation has been abolished. Ismail Joosub, Legal Officer of Constitutional Programmes at the FW de Klerk Foundation, explores this change.
The Foundation notes with concern that the notice gazetted by the Films and Publications Board, on 22 March, appears to be based on a misapplication of the Act and exceeds the power conferred to the FPB by the Act.
On 22 March 2024, the Films and Publications Board gazetted a notice identifying “disinformation”, “misinformation” and “fake news” as “harmful or disturbing” and concluded that it was “prohibited content” in terms of the Films and Publications Act, 1996.
In the ongoing legislative process surrounding the General Intelligence Laws Amendment Bill, the proposed amendments by the Ad Hoc Committee warrant careful scrutiny.
The General Intelligence Laws Amendment Bill was adopted by the National Assembly this week. Ismail Joosub offers insights into the Foundation’s stance on the Bill.
Parliament is currently considering the General Intelligence Laws Amendment Bill which poses a significant threat to the rights and freedoms of South Africans.
The Basic Education Laws Amendment Bill (also known as the “BELA Bill”) has sparked intense debate and scrutiny across South Africa.
During 2023, Parliament considered a mix of positive legislation and legislation that falls seriously short of constitutional standards.