Case Number
PPA 4463/94
Date Decided
8-25-1996
Decision Type
Appellate
Document Type
Full Opinion
Abstract
Facts: The appellant asked the respondent for permission to publish articles about prison life in a local newspaper. The respondent refused. The appellant filed a petition in the District Court against this refusal, but his petition was rejected. Leave was given to appeal the District Court’s decision to the Supreme Court.
Held: (Majority opinion — Justices E. Mazza, D. Dorner) The respondent has a duty to uphold human rights, and it must make reasonable efforts and devote reasonable resources to do this.
(Minority opinion — Justice M. Cheshin) The respondent’s argument that it is not its task to censor newspaper articles is reasonable, and in view of the character of the appellant and his behaviour in the past, the respondent cannot reasonably be expected to rely on the appellant’s undertaking to restrict himself to writing only about himself. The likelihood that allowing the appellant his desire will lead to infractions of prison discipline is not remote. In view of the very difficult task faced by the prison authorities, they should be allowed a broad discretion in deciding questions of prison order and discipline.
Appeal allowed by majority opinion, Justice M. Cheshin dissenting.
Keywords
Constitutional Law -- Basic Law: Human Dignity and Liberty, Constitutional Law -- Freedom of Expression, Criminal Law -- Prisons Ordinance