F W DE KLERK FOUNDATION CALLS FOR THE SCRAPPING OF CLAUSES IN THE WEATHER SERVICE AMENDMENT BILL THAT WOULD LIMIT FREEDOM OF EXPRESSION
The F W de Klerk Foundation has made a submission to the Parliamentary Portfolio Committee on Water and Environmental Affairs in which it has called for the scrapping of the proposed clause 30A that deals with penalties and offences (see here - PDF).
In terms of the clause "no person may (a) issue a severe weather or air pollution-related warning without the necessary written permission from the Weather Service; (b) supply false or misleading information about the Weather Service; or(c) unlawfully, intentionally or negligently commit any act or omission which detrimentally affects or is likely to detrimentally affect the Weather Service."
The Foundation expressed the view that the clause is irreconcilable with Section 16 of the Constitution which gives everyone the right to freedom of expression, which includes "freedom of the press and other media; freedom to receive and impart information and ideas; freedom of artistic creativity; and academic freedom and freedom of scientific research." The only limitations placed on freedom of expression are "propaganda for war; Incitement to imminent violence; or advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm".
The Foundation pointed out that, quite clearly, communication regarding weather or pollution-related conditions does not fall under any of the areas of expression prohibited by the Constitution. The proposed clause would directly limit freedom of expression by preventing print, electronic and social media from expressing their legitimate views on severe weather and/or air-pollution conditions.
It would also limit the freedom of people and organisations to receive and impart information and ideas on a topic of general and legitimate interest. One can imagine many circumstances - such as the approach of a tornado - when the media or ordinary citizens would have an over-riding need to warn others of an impending danger without the written permission of the Weather Service.