Section 61: Freedom of expression and freedom of the media

(1) Every person has the right to freedom of expression, which includes—

    (a) freedom to seek, receive and communicate ideas and other information;

    (b) freedom of artistic expression and scientific research and creativity; and

    (c) academic freedom.

(2) Every person is entitled to freedom of the media, which freedom includes protection of the confidentiality of journalists’ sources of information.

(3) Broadcasting and other electronic media of communication have freedom of establishment, subject only to State licensing procedures that—

    (a) are necessary to regulate the airwaves and other forms of signal distribution; and

    (b) are independent of control by government or by political or commercial interests.

(4) All State-owned media of communication must—

    (a) be free to determine independently the editorial content of their broadcasts or other

communications;

    (b) be impartial; and

    (c) afford fair opportunity for the presentation of divergent views and dissenting opinions.

(5) Freedom of expression and freedom of the media exclude—

    (a) incitement to violence;

    (b) advocacy of hatred or hate speech;

    (c) malicious injury to a person’s reputation or dignity; or

    (d) malicious or unwarranted breach of a person’s right to privacy.