Freedom of Expression Institute FXI

The Freedom of Expression Institute (FXI) is deeply disappointed by the signing into law of the Films and Publications Amendment Act 3 of 2009 (Amendment Act). The Amendment Act constitutes a grave intrusion of the right to freedom of expression. To this end we are of the view that certain sections of the Amendment Act fail dismally in giving effect to the right to freedom of expression … (Homepage 1/2).

Anti-censorship; Access to information; Media & ICTs programme; Law Clinic; Information Manual, 12 pdf-pages; Staff; Links;
Physical Address: 27 Lothbury Road, Auckland Park, Johannesburg, South Africa;
Postal Address: P.O. Box 30688, Braamfontein, 2017, South Africa;

Homepage 2/2: … The most intrusive element of the Amendment Act is that, under the guise of the “protection of children’s rights” the legislature has introduced a system of pre-publication censorship and self-censorshi p which offends against the letter and spirit of the Constitution of the Republic of South Africa (Constitution). 

During 2008 Parliament considered and passed the Films and Publications Amendment Bill (“the Bill”). FXI made submissions to both to the National Assembly and the National Council of Provinces (“NCOP”) in respect of the Bill. The passing of the Bill initiated further objections by interested parties to the President of the Republic of South Africa (President) accompanied by a request that the President refrain from signing the Bill into law and that it be referred back to Parliament for reconsideration, alternatively to the Constitutional Court for a decision as to its constitutionality, as the President is empowered to do in terms of section 79 of the Constitution.

As a result of the aforementioned, a legal opinion was commissioned by the President’s office on certain of the issues raised by interested parties and the Bill was sent back to Parliament for reconsideration. The Bill was reconsidered, amended slightly, passed by Parliament and signed into law by the President … (full text Homepage).

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