freedom of expression Archives

Nature of hate speech: Purpose sec 10 of PEPUDA

by GilesFiles | Aug 5, 2025 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Delict, Disallowed, Evidence & onus, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), SDJ Wilson, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Privacy protection scope: Freedom of expression

by GilesFiles | Oct 9, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Delict, Dignity equality freedom, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, OL Rogers, Orders, Parties, Personal Information, Pleadings: amending, Private enterprises, RMM Zondo, Rules Codes & Manual, Sectors, Selected judges, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Discriminatory hate speech: Hurtful harassment

by GilesFiles | Mar 1, 2024 | Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Dignity equality freedom, Discrimination (LRL 11), Equality Court, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Metro, Miscellaneous, Municipal managers, Orders, Parties, Sectors, State organs, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Unprotected personal information: Expression and privacy

by GilesFiles | Jan 10, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Delict, Dignity equality freedom, Evidence & onus, Exceptions/special pleas, Interpretation etc, Judges, Legal Practice, Orders, Parties, Personal Information, Personal services, Private enterprises, Roman Dutch law, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Smuts v Botha The issue concerned unprotected personal information and SCA allowed the appeal and decided that personal information was in the public domain before the posts were published and ownership of the farm was a matter...

Free expression examined: No absolute constitutional rights

by GilesFiles | Nov 27, 2020 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Central, ConCourt judges, Constitutional Court, Courts, Declaratory, Dignity equality freedom, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, MTR Mogoeng, Orders, Parties, Private enterprises, Sectors, Topics | 0 |

Economic Freedom Fighters v Minister of Justice and Correctional Services Constitutional Court examined free expression and emphasised that a less restrictive means of proscribing constitutionally objectionable incitement is the...

Hate speech examined: PEPUDA and constitutionality

by GilesFiles | Nov 29, 2019 | 2019, 2019, Appeals, Bill of Rights, Courts, Dignity equality freedom, Judges, Landmark judgments, Legal Practice, Parties, philosophy / economics, SCA judges, Sectors, State organs, Supreme Court of Appeal, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Balancing constitutional rights: Dignity and expression

by GilesFiles | Nov 11, 2019 | 2019, Applications, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Courts, Dignity equality freedom, Evidence & onus, HC Uniform, High Court, High Court judges, Judges, Legal Practice, Rules Codes & Manual, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Repetition rule considered: Right to expression and dignity

by GilesFiles | May 30, 2019 | 2019, Bill of Rights, Causes and defences, Courts, Dignity equality freedom, High Court, High Court judges, Judges, Personal Information, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Freedom of expression: Scandal not defamation

by GilesFiles | Oct 1, 2015 | 2015, 2015 and earlier, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Judges, Landmark judgments, Retired judges, Topics | 1 |

Mtyhopo v South African Municipal Workers Union National Provident Fund (CCT 48/15) [2015] ZACC 32 (1 October 2015) per Cameron J [unanimous] Today the Constitutional Court allowed an appeal and unanimously held that the...

Economic liberty discussed: when prosperity thrives

by GilesFiles | Apr 2, 2015 | Bill of Rights, Free and fair, Insights, Markets in SA, philosophy / economics, Thought Leaders, Topics | 0 |

BAN chewing gum and spitting. Now there’s something our authoritarian nanny-in-chief, Health Minister Aaron Motsoaledi, can learn from one of the world’s most successful leaders, Lee Kuan Yew. Lee’s death at the age of 91 last...

Expression: triumph for freedom during elections

by GilesFiles | Jan 19, 2015 | 2015, 2015 and earlier, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, JC Froneman, Judges, Landmark judgments | 0 |

Democratic Alliance v African National Congress (CCT 76/14) [2015] ZACC 1 (19 January 2015) CC Summary: Alleged breach of section 89(2)(c) of the Electoral Act —publication of false information to influence outcome of election —...

Bullies usually motivated by fear

by GilesFiles | Jan 29, 2013 | Legality principle | 0 |

FNB’s campaign ‘You can help’ has elicited a strong reaction. ‘The trouble with the campaign stems from the fact that some of the youngsters whose interviews on camera form the “grounding in reality” (according to...

Tag: freedom of expression