The Student Room Group

Hello all, i have a question for my assignment and i need help to figure it out.

Critically analyze section 12 of the constitution and explain ho the enjoyment of the right to freedom of expression is subordinated to the existing law protecting inter alia the reputation, rights and freedoms of other persons. Refer to relevant case law on the matter.

Here's the section 12 of my constitution;
(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom
of expression, that is to say, freedom to hold opinions and to receive and impart ideas and information
without interference, and freedom from interference with his correspondence.
(2) 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) in the interests of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the reputations, rights and freedoms of other persons or
the private lives of persons concerned in legal proceedings, preventing the disclosure
of information received in confidence, maintaining the authority and independence of
the courts, or regulating the technical administration or the technical operation of
telephony, telegraphy, posts, wireless broadcasting, television, public exhibitions or
public entertainments; or
(c) for the imposition of restrictions upon public officers,
except so far as that provision or, as the case may be, the thing done under its authority is shown not to
be reasonably justifiable in a democratic society

Quick Reply

Latest