85. The Mauritian Constitution, which is the supreme law of the land, provides, inter-alia, in its
Chapter II, entitled “Protection of fundamental rights and freedoms of the individual’’, for the
following right under section 12 (1)
Except with his own consent, no person shall be hindered in the enjoyment of his freedom
of expression, that is to say, freedom to hold opinions and to receive and impart ideas and
information without interference, and freedom from interference with his correspondence.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent
with or in contravention of this section to the extent that the law in question makes provision–
a) in the interests of defence, public safety, public order, public morality or public health;
b) for the purpose of protecting the reputations, rights and freedoms of other persons or the
private lives of persons concerned in legal proceedings, preventing the disclosure of
information received in confidence, maintaining the authority and independence of the
courts, or regulating the technical administration or the technical operation of telephony,
telegraphy, posts, wireless broadcasting, television, public exhibitions or public
entertainments; or
c) for the imposition of restrictions upon public officers,
d) except so far as that provision or, as the case may be, the thing done under its authority is
shown not to be reasonably justifiable in a democratic society.
86.
Mauritius ranked 58th in the World Press Freedom Index.
87. There is at present more than 35 dailies/weeklies/fortnightlies/ monthlies, whilst the audio
visual landscape consists of the national radio and television (the Mauritius Broadcasting
Corporation) as well as private radio stations and web TV run by media houses. It is also important
to point out that the press operates in an environment free from violence or coercion, as the
profession is supported through a constitutional and legal framework of protection in Mauritius.
88. As mentioned in the Government Programme 2015-2019, the State of Mauritius is
determined to protect the fundamental rights guaranteed by the Constitution, including freedom of
expression. The programme, which is being implemented, also pledges that journalists and media
reporters in the exercise of their functions will no longer be arrested or jailed unless there is strong
prima facie evidence of the commission of a criminal offence. In addition, there is no censorship
of the press in Mauritius. Citizens of the Republic have very wide exposure to different viewpoints
and indeed very wide access to high-speed internet. A new cable now connects Rodrigues to the
rest of the world and this will enable Rodriguans to enjoy the same level of internet connectivity
as mainland Mauritians. Agalega is also connected since 2018.
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