In terms of Section 16 of the Constitution:

“1. Everyone has the right to freedom of expression, which includes:

a. freedom of the press and other media;
b. freedom to receive or impart information or ideas;
c. freedom of artistic creativity; and
d. academic freedom and freedom of scientific research.

2. The right in subsection (1) does not extend to:
a. propaganda for war;
b. incitement of imminent violence; 
c. advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.”

Our Constitution is aimed at bringing openness/transparency, accountability and justification of actions. Section 16 (1) of the Bill of Rights protects free expression, unlike the United States’ First Amendment, which is confined to ‘freedom of speech’, a concept that questions whether certain forms of expressive conduct count as speech or not. Our right ‘expressly protects the freedom of expression in a manner that does not warrant a narrow reading’.

Although only four aspects of rights to freedom of expression are listed, the word ‘includes’ indicates that the right could encompass other expressive conduct. Our formulation of freedom of expression thus includes certain activities which bring about definitional disputes in other countries, such as publication of photographs, painting, sculpting, and dancing (even nude dancing). Also included are symbolic acts such as flag burning, burning of passbooks, and body expressions such as raised fists and salutes. 

Thus in principle, any act which a person uses to express their emotions, objections and beliefs should qualify as freedom of expression. However, the right to freedom of expression does not encompass expressive conduct such as propaganda of war, incitement of imminent violence and, speech that infringe upon the fundamental rights of another person advocating hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.