MOKGORO J
participate in an ongoing process of communicative interaction that is of both instrumental and
intrinsic value.
[28]
Section 15 of the Interim Constitution provides that “the right to freedom of speech and
expression” “shall include freedom of the press and other media, and the freedom of artistic
creativity and scientific research.” One may well ask what effective utility freedom of the press
and other media would have if that freedom did not include as a corollary the right of persons to
actually obtain and read newspapers, and to be exposed to other media. By the same token, the
freedom of artistic creativity would be seriously undermined if it did not encompass the right of
individuals to unhampered access to sources of artistic and intellectual inspiration, including (or,
one might say, especially), those expressions which convey sentiments that are threatened with
suppression by the state or with marginalisation in civil society, because they are deemed
dangerous, offensive, subversive, or irrelevant.
[29]
Section 35 of the Constitution provides that this Court “shall, where applicable, have
regard to public international law applicable to the protection of [Chapter 3 rights]”.
It is
significant that at least four international human rights instruments provide specifically for the right
to receive information under the general head of the right to free expression. 41
41
Article 9 of the African Charter on Human Rights and Peoples’ Rights provides for an unqualified right to
receive information, which, significantly, is listed ahead of the right to transmit same:
9(1)
9(2)
Every individual shall have the right to receive information.
Every individual shall have the right to express and disseminate his opinions within the
law.
The European Convention on Human Rights, Art. 10, provides that the right to receive information “[s]hall
include freedom to . . . receive . . . information without interference.” Article 19 of the Universal Declaration
of Human Rights (1948), declares: “[e]very person has the right to freedom of opinion and expression; this right
includes . . . [the right] to receive . . . information.” Finally, Article 19 of the International Covenant on Civil and
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