Jun 18, 2012

Constitution Review: Part II

For this upcoming Saturday, please note that our programming has a different start time. We will air live at 6 a.m. PST, 9 a.m. EST, 13 hrs GMT, 15 hrs CAT. I'm currently working to firm up plans for guest appearances with two locally based media practitioners to help drive the discussion. Stay tuned...

These are the provisions we will be discussing:

Freedom of expression

36. (1) A person has the right to freedom of expression which includes -
(a) freedom to hold an opinion;
(b) freedom to receive or impart information or ideas;
(c) freedom of artistic creativity;
(d) academic freedom; and
(e) freedom of scientific research.

(2) Clause (1) does not extend to -
(a) propaganda for war;Freedom of expression
(b) incitement to violence;
(c) advocacy of hatred that -
(i) vilifies or disparages others or incites harm; or
(ii) is based on any prohibited ground of discrimination specified in this Constitution; or
(d) any other unlawful purpose.

(3) In the exercise of the right to freedom of expression, a person shall respect the rights and reputations of others.

Access to Information

37. (1) A citizen has the right of access to-
(a) information held by the State; and
(b) information that is held by another person; which is lawfully required for the exercise or protection of any right or freedom.

(2) A person has the right to demand the correction of untrue or misleading information recorded or published with respect to that person.

(3) The State has the obligation to publicise any information that is in the public interest or affects the welfare of the Nation.

Freedom of Media

38. (1) Freedom and independence of electronic, print and other types of media is guaranteed. 
(2) The State shall not-
(a) exercise control over, or interfere with, any person engaged in broadcasting, the production or circulation of any publication or the dissemination of information by any medium; or
(b) penalise any person for any opinion or the content of any broadcast, publication or dissemination.

(3) Broadcasting and other electronic media shall be subject to licensing procedures that are –
(a) necessary to regulate signals and signal distribution; and
(b) free from political or commercial interference.

(4) All State-owned media shall-
(a) be free to determine independently the editorial content of their broadcasts or communications;
(b) be independent and impartial; and
(c) afford fair opportunity for the presentation of divergent views and dissenting opinions.

(5) Parliament shall enact legislation to give effect to clause

Access to media

79. (1) A political party, an independent candidate and a person contesting for councillorship shall have equitable access to public and private media generally and during election campaigns.
(2) Parliament shall enact legislation to give effect to this Article.


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