State of freedom of speech in South Africa: A critical analysis

THE recent commentary and opinions expressed by South Africans have led many of us to wonder has there been a demise of the freedom of speech in South Africa, are we no longer a democratic nation that has a right to express opinion and criticism.

- DR SHEETAL BHOOLA

Daily News editor Ayanda Mduli expressed his concern to South Africans about the lack of respect when an opinion or perspective is expressed especially when it comes to sensitive global dysfunctionality and violence such as the Israeli Palestinian conflict.

The conflict is sensitive because it is influenced by violent attacks, politics, religious beliefs and values and at present it has been void of basic human respect of the value of one another's lives. The way in which people around the world express their disapproval or agreement with the continual outbursts can be termed as freedom of speech and the right to express one’s emotions and opinions.

According to our constitution, Section 16(1) explicitly states that everyone has the right to freedom of expression, freedom of the press and other media, freedom of artistic creativity, the right to receive and impart information and ideas as well as the freedom of scientific research and academic freedom.

This clause also has limitations which stipulates that one cannot promote or glorify war and utilise speech and expressions that directly incites immediate violence and expressions that encourage hatred and prejudice based on race, ethnicity, gender and religion.

In the case of limitations being breached the judicial courts have the last word and determines what is acceptable or not based on South Africa’s democratic values.

The concepts of freedom of speech and democracy have often been closely associated and yet can be clearly misunderstood.