Freedom of the press would be expressly protected under the Constitution (Amendment) Bill 2026, but Parliament would retain powers to impose limitations on speech and media publication in specified circumstances.
The Bill, tabled in Parliament yesterday, provides under section 20 that every person has the right to freedom of speech, expression, thought, opinion and publication.
The protection specifically includes “freedom of the press, including print, electronic and other media”, as well as the freedom to seek, receive and impart information, knowledge and ideas.
However, the proposed constitutional right is not absolute.
The Bill allows laws to limit these freedoms where necessary for national security, public safety, public order, public morality, public health and the orderly conduct of elections.
Of particular relevance to the media, laws may protect the reputation, privacy and dignity of individuals and provide people injured by “inaccurate or offensive media reports” with the right to have a correction published under reasonable conditions established by law.
Limitations may also be imposed to prevent disclosure of information received in confidence and to maintain the authority and independence of the courts.
The provision further excludes from constitutional protection propaganda for war, incitement to violence or insurrection against the Constitution, and certain advocacy of hatred that constitutes incitement to cause harm.
The Bill defines “hate speech” as expression in any form that encourages, or has the effect of encouraging, discrimination on grounds covered under section 29.
It also allows restrictions aimed at preventing attacks on the dignity of individuals, groups or “respected offices or institutions” where such attacks are likely to promote ill will between ethnic or religious groups, oppression or discrimination.
