Limiting freedom a fine balancing act

THE profound article by Bheki Mngomezulu on Ayanda Mbulu’s painting, The Pornography of Power, warrants comment.

The importance of free speech and expression in a democratic society cannot be underestimated.

One of the difficulties in discussing freedom of expression is the inherent paradox of freedom. The classical exposition of this was described by John Stuart Mill in his essay “On liberty in Utilitarianism etc” (London, 1910).

“There ought to exist the fullest liberty of professing and discussing, as a matter of ethical conviction, any doctrine, however immoral it might be considered.”

Freedom of expression involves toleration of a great deal of nonsense, and even bad taste, such as the painting of President Zuma. In a free society there is a strong presumption that people should be able to act freely, especially in relation to public issues and an individual’s behaviour in relation to these issues. However, the reality for potential abuse of this freedom remains, hence the need for defamation laws. History graphically reminds us that it took the action of a lone mad gunman to trigger World War I.

The right to freedom of expression upholds the rights of all to express their views and opinions freely. It is a right which should be promoted to the maximum extent possible, given its critical role in democracy.

There may be certain extreme forms of expression, like the offensive painting, which need to be curtailed for the protection of other human rights. Limiting freedom of expression in such situations is always a fine balancing act.

Freedom of expression is a concept that defines a specific liberty or a specific way of exercising liberty. Nobody should be able to interfere with others’ freedom to act as they please.

There is only one basic human right: the right to do as you damn well please. There is only one basic human duty: the duty to take the consequences. The sine qua non of a democratic society is the freedom of expression. Yet offensive satire has the ingredients to ignite a political firestorm. FAROUK ARAIE

Johannesburg