South African Constitutional Court flexes its muscles on prior restraint

Print Media South Africa v Minister of Home Affairs  ([2012] ZACC 22) – read judgment.

In a “momentous”  ruling on freedom of speech, the Constitutional Court has struck down a legislative provision on prior restraint,  “based on vague and overly broad criteria”, as offensive to the right to freedom of expression.

As the attorney for the amicus curiae Dario Milo explains in the Weekly Mail and Guardian (reposted on Inforrm), the court went even further than the relief contended for by the applicants, by striking down the entire provision as unconstitutional, rather than allowing certain criteria to be clarified  in accordance with the Bill of Rights.

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