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Parliament takes censorship drubbing from SCA

Publish date: 30 September 2016
Issue Number: 4086
Diary: Legalbrief Today
Category: General

Media freedom has been handed another victory by the courts, and Parliament another rebuke, notes Legalbrief. This time it was the SCA, which ruled unanimously yesterday that broadcasting policies and rules implemented during last year’s State of the Nation Address in Parliament violated constitutional principles of openness. According to an eNCA report, the court ruled that ‘clause 8.3.3.2 of Parliament's Policy on Broadcasting and rule 2 of Parliament's Television Broadcasting Rules of Coverage, headed 'Disorder on The Floor of the House', are unconstitutional and unlawful in that they violate the right to an open Parliament.’ In the case, brought by the SA National Editors Forum, Primedia and The Right2Know Campaign, the court also ruled that the use of the signal jamming device in the house was unlawful. The signal jamming came ahead of disruptions in Parliament resulting in clashes between Parliament's private security and the EFF and the forcible eviction of members of the EFF from the House. The court noted that ‘The Constitution... affords all South Africans the right to see and hear what happens in Parliament.’

Full eNCA report

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