Constitution of the Republic of South Africa, 1996 — s 16 (freedom of expression)

Constitution of the Republic of South Africa, 1996

Body
Parliament of the Republic of South Africa
Date
1996-12-18
Retrieved
2026-04-24
Used on the site

Verbatim text

16. Freedom of expression

(1) Everyone has the right to freedom of expression, which includes — (a) freedom of the press and other media; (b) freedom to receive or impart information or ideas; (c) freedom of artistic creativity; and (d) academic freedom and freedom of scientific research.

(2) The right in subsection (1) does not extend to — (a) propaganda for war; (b) incitement of imminent violence; or (c) advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.

Site reliance

The site’s non-commercial criticism/commentary framework rests on s 16(1)(b) and (d), balanced by the Laugh It Off v SAB [2005] ZACC 7 analysis (see ../cases/Laugh-It-Off-ZACC-7-2005.md).

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