The Constitutional Boundaries of Freedom of Expression in South Africa

Freedom of expression is a core liberty for all constitutional democratic systems. It ensures that ideas, opinions, and beliefs can be circulatedand discussed among individuals with no governmental interference. This vital freedom means more than freely expressing opinions: it secures the possibility to seek, receive, and impart information. Indeed, these three features—seeking, receiving, imparting—should all be considered when freedom of expression is under analysis, particularly if we consider that when someone’s freedom of expression is limited, someone else will be deprived of the chance of hearing that idea. As underlined in the judgment examined in this contribution, freedom of expression is an “[. ..] indispensable facilitator of a vigorous and necessary exchange of ideas and accountability.”