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The Right to Freedom of Expression, Press and Culture in South Africa: A Survey of Recent Developments

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This article reflects on the recent case and determination in Goodman Gallery v Film and Publication Board and Print Media South Africa v Minister of Home Affairs and Another which set important precedents in the media industry. These determinations also show the consistency of the South African Courts and tribunals in ensuring that the right to human dignity, the achievement of equality, and the advancement of human rights and freedoms which are among the founding values of the Constitution are afforded adequate protection. These constitutional rights are often in conflict with each other. The article determines whether one constitutional right supersedes the other. It also comments briefly on the role of the media in South Africa and its challenges under democracy. The article further considers the statutory mandate of the Films and Publication Board and provides a critique of the decision in Goodman Gallery.

Affiliations: 1: a)Senior Lecturer, Department of Mercantile and Labour Law, School of Law, University of Limpopo (Turfloop Campus), ; 2: b)Attorney of the High Court of South Africa,


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