n Without Prejudice - Defamation, dignity and democracy : the media debate : constitutional law

Volume 10, Issue 11
  • ISSN : 1681-178X



The past two decades have been an eventful period in the history of media freedom in South Africa. The early to mid-nineties were marked by judgements which affirmed the importance of the media in a healthy democratic state and that afforded the media increased protection as a result. Proposed restrictions on this freedom have sparked lively debate, with some labelling them as violations of the right to freedom of expression, and others declaring that the media's current licence constitutes a serious threat to many individuals' rights to dignity. How do we reconcile the apparent conflict between these rights, how are they analysed and what is the weighting to be afforded each right?

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