A critical analysis of freedom of the press under the state of national disaster relating to the corona virus pandemic in South Africa

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.