Abstract
Abstract : Lately, freedom of expression has progressively become a popular justification for both the protection and limitation of other human rights. This study addresses the prevalent misconstruction of the protected scope of freedom of expression by primarily establishing the legal framework of the right to freedom of expression in the South African context, and sexually explicit expression, in particular. It also provides an outline of the universally accepted core values of freedom of expression. The purpose of this analysis is to scrutinise the constitutionality of sexually explicit expression with the intention of balancing this form of expression against the right to human dignity. This study recognises that sexually explicit expression amounts to a type of expression entrenched in our Constitution. However, the extent of the protection of this expression remains controversial. Freedom of expression may be controversial when it seems to threaten some key individual interests, for example, when dignity is threatened in the case of sexually explicit artistic portrayals of prominent public figures. This study therefore challenges the use of freedom of expression as a justification for the limitation of individuals’ fundamental right to human dignity. This study then comments on the importance of human dignity in the South African legal order and demonstrates whether sexually explicit expressions, such as artworks, pornographic films and art, and nude performances or striptease dancing should be excluded from the protective ambit of freedom of expression. Finally, this dissertation recommends that stringent measures ought to be put in place to regulate instances of expression of this nature. Expression demonstrating the intention to dehumanise, degrade and violate the dignity of other members of society cannot be tolerated in a democratic society based on human dignity, equality and freedom
LL.M. (Human Rights Law)