Abstract:
The protection of the right to freedom of the press is vitally important in a democratic
state. The purpose of this study is to critically analyse the right to freedom of the press
in South Africa under the national state of disaster relating to the corona virus
pandemic. The aim is to establish how the right to freedom of the press in South Africa
can be promoted and protected under the national state of disaster relating to the
corona virus pandemic. This study focuses on determining the approaches that maybe
utilised to improve the promotion and protection of the right to freedom of the press in
South Africa under the national state of disaster relating to the corona virus pandemic.
The method that is going to be utilised is the doctrinal research method as it is the
appropriate method to answer the research question.
The right to free press is embraced by international, regional and sub-regional human
rights instruments. Prior to 1994, there was a lot of government oversight and rules to
make sure that the right to free press is excised in a mode that the government of South
Africa at that time wanted. In the current democratic South Africa, the right to free press
is constitutionally protected. However, this does not mean that the right to free press is
an unlimited right. As it is the case with any other right in the Constitution, it can also be
limited. Regulation 14(2) of the Disaster Management Act under the national state of
disaster relating to the corona virus pandemic can potentially violate the right to free
press in South Africa by criminalising the publication or broadcasting of fake news
relating to corona virus pandemic.
This study makes some recommendations to the South African government on how it
can deal with fake news relating to the corona virus pandemic under the national state
of disaster without affecting the enjoyment of the right to free press.
