Constitution of The Bahamas

ContentsChapter III. Protection of Fundamental Rights and Freedoms of the Individual

Article 23. Protection of freedom of expressionFreedom of expression

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23.

In briefEveryone is free to hold opinions and to receive and share ideas and information without interference, subject to limited exceptions that must be justifiable in a democratic society.

(1)

Except with his consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this Article the said freedom includes freedom to hold opinions, to receive and impart ideas and information without interference, and freedom from interference with his correspondence.

Without your consent, you cannot be hindered in enjoying your freedom of expression. For the purposes of this Article, this freedom includes freedom to hold opinions, freedom to receive and pass on ideas and information without interference, and freedom from interference with your correspondence (letters and messages).

(2)

Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision-

A law, and anything done under it, is not treated as inconsistent with or in breach of this Article to the extent that the law makes provision:

(a)

which is reasonably required-

that is reasonably required:

(i)

in the interests of defence, public safety, public order, public morality or public health; or

in the interests of defence, public safety, public order, public morality or public health; or

(ii)

for the purposes of protecting the rights, reputations and freedoms of other persons, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or regulating telephony, telegraphy, posts, wireless broadcasting, television, public exhibitions or public entertainment; or

to protect the rights, reputations and freedoms of other people, to prevent the disclosure of information received in confidence, to maintain the authority and independence of the courts, or to regulate telephony, telegraphy, posts, wireless broadcasting, television, public exhibitions or public entertainment; or

(b)

which imposes restrictions upon persons holding office under the Crown or upon members of a disciplined force, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

that places restrictions on people holding office under the Crown (public servants) or on members of a disciplined force. These exceptions do not apply if the provision, or the thing done under it, is shown not to be reasonably justifiable in a democratic society.

Protection of freedom of expressionFreedom of expression

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