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 16

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières