Abstract
Our entire social system is pervaded with a myriad of issues relating to freedom of expression. A free responsible press is one of society’s greatest assets. Courts must now ensure that common law is not locked within the limitations of the past and they must re-consider common-law rules within the new context so as to render them congruent with the fundamental values and principles. Strict liability of the press is now rejected as unconstitutional since it mars the free flow of information – a democratic principle. The press sold, however not be placed in a privileged or superior position to that of the individual on the basis that the press constitutes an essential bastion of free expression in a democracy. The onus rest on the media defendant to prove a defense excluding unlawfulness on a preponderance of probabilities rather than a mere evidential burden. The media defendant is a defamation action is often in the best position to know whether reasonable steps were taken to verify the information published and so to establish that its publication was reasonable. In a system of democracy dedicated to openness and accountability, as ours is the especially important role of the media, both publicly and privately owned, must be recognised. Freedom of expression is therefore a pat of the very definition of self-government: the process of free discussion is required no mater whether the process leads to the truth or not. DOI: 10.5901/ajis.2014.v3n4p409
Highlights
Freedom of expression is a method of achieving a more adaptable and a more stable society, of maintaining the precarious balance between cleavage and necessary consensus (Baker, 1978).John Manyarara describes press freedom as: “...Press freedom in the region is like the English weather: bright and sunny when you emerge from the comfort of your home – but if you are initiated, you will carry an umbrella because you are likely to need it on your way back
The barometer by which the extent of press freedom existing in a country can be measured with reasonable accuracy is that country’s political climate
Our entire social system is pervaded with a myriad of issues relating to freedom of expression
Summary
Freedom of expression is a method of achieving a more adaptable and a more stable society, of maintaining the precarious balance between cleavage and necessary consensus (Baker, 1978). Freedom of expression is fundamental for democracy to succeed. It does, precipitate profound jurisprudential issues and complex problems that require dispassionate examination and a judicious weighing up of competing interests in a democratic body politic (Van der Westhuizen, 1994). Mr Justice Cardozo, commented that”freedom of thought and speech is the matrix, the indispensable condition, of nearly every other form of freedom” (Palko v Connecticut 1937 302US 319)
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
