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The right to freedom of expression is well-entrenched under our law. It has been described as “a sine qua non for every person’s right to realise her or his full potential as a human being”, and lies at the heart of any democracy. As has been explained by the Constitutional Court, the right to freedom of expression is valuable for many reasons: “its instrumental function as a guarantor of democracy, its implicit recognition and protection of the moral agency of individuals in our society, and its facilitation of the search for truth by individuals and society generally”.

In this regard, the constitution recognises that individuals in our society need to be able to hear, form and express opinions and views freely on a wide range of matters...

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