Islamic Unity Convention v Independent Broadcasting Authority and Others (CCT36/01)
Islamic Unity Convention v Independent Broadcasting Authority and Others (CCT36/01) [2002] ZACC 3; 2002 (4) SA 294; 2002 (5) BCLR 433 (11 April 2002)
The Constitutional Court held that the relevant portion of clause 2(a) of the Code of Conduct for Broadcasting Services, which prohibits the broadcasting of material 'likely to prejudice relations between sections of the population', constitutes a limitation of the right to freedom of expression under section 16(1) of the Constitution. The Court found that this prohibition is vague, overbroad, and not sufficiently tailored to the categories of unprotected speech set out in section 16(2). The limitation is not justified under section 36(1), as it is too extensive, lacks clear standards, and un…
Source excerpt
- Freedom Of Expression
- Broadcasting Regulation
- Limitations Clause
- Hate Speech
- Constitutional Invalidity
- Just And Equitable Relief