Constitution – Chapter 2 – Protection of freedom of expression

Protection of freedom of expression.

12.- (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication is to the public generally or to any person or class of persons) 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) that is reasonably required in the interests of defence, public safety, public order, public morality or public health;

b) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons of 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 telephony, telegraphy, posts, wireless broadcasting or television; or

c) that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions,

and except so far as that provisions or, as the case may be, the things done under the authority thereof is shown not to be reasonably justifiable in a democratic society.


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