The dangers of criminalising defamation (co-authored with Vinayak Bhardwaj)

Convictions for criminal defamation have been rare in South Africa over the past century, and rarer still since the advent of our democratic dispensation in which freedom of expression is entrenched as a constitutional right. Nevertheless, Motsepe’s conviction and sentence, currently being appealed in the Johannesburg High Court, raise the chilling spectre of freedom of speech – and press freedom in particular – being inhibited and intimidated by the might of the state. 

Read More