/ 7 July 1995

Editorial If one speaks will they listen

ONE expected fierce debate to arise out of a push from=20 the Conference of Editors to strengthen the freedom of=20 speech clause in the Constitution.=20

Editors have argued that this clause does not have the=20 level of protection of other fundamental rights, making=20 it too vulnerable to dilution in the future. In the=20 interim Bill of Rights, freedom of speech may be=20 limited where it is considered ”reasonable and=20 justifiable”, unlike other rights such as free=20 political activity, where any limitation must meet the=20 higher qualification of being also ”necessary”.

Debate would be expected because it is African National=20 Congress policy to allow for restrictions on hate=20 speech, and National Party policy to allow for firmer=20 action against pornography. What one wouldn’t expect is=20 that editors would be totally ignored by the relevant=20 task committee of the Constitutional Assembly, which=20 has not even granted them a hearing in order to pursue=20 the debate.

If this is the way the constitution-writers are=20 treating the country’s major editors, it does not say=20 much for the attention they are paying to the thousands=20 of public submissions they have received from those=20 less vocal than newspaper people.