Freedom of Expression and Defamation of Religion: Mohammedi V Sabc3

Abstract

Since its onset, the idea of defamation of religion in international law has been wrapped in controversy. Mohammedi v SABC3 is one of the first cases in South Africa to deal with the issue of defamation of religion, resulting in Islamophobia and its possible influences on the right to freedom of expression. Although this case has been heard by a tribunal (Broadcasting Complaints Commission of South Africa, BCCSA) and does not amount to jurisprudence from the Constitutional Court or Supreme Court of Appeal, it serves as one of the first South African cases to address the difficult issue of defamation of religion and the right to freedom of expression.