00:00the federal court on Friday reinstated the words offensive and annoy in section 233 subsection 1a
00:14of the communications and multimedia act a five judge panel in the court ruled that the two words
00:21did not infringe article 10 section 1a of the federal constitution they said the purpose of
00:28the section in the act was to regulate the improper use of network facilities and services with a view
00:35to providing a safe online environment they said it serves to protect individuals and communities
00:42from suffering harm as a result of such improper use and it targets communications that fall outside
00:49the purview of the freedom of speech and expression they delivered the decision in an appeal filed by
00:57the government against the court of appeals decision that struck down a part of section 233 subsection 1a
01:05that consisted of the words offensive and annoy relating to a lawsuit brought by activist heidi
01:11kwa who challenged the constitutionality of the words after she was charged in court for her facebook
01:17posting in 2021 the federal court also held that the prosecution against kwa was baseless
01:25they said they are of the view that the prosecution should not have been brought against kwa because
01:31the content of her facebook post falls within the definition of the right to freedom of speech
01:37the constitution of the right to freedom of speech and expression under article 10 section 1a of the constitution
01:41the constitution
01:55the constitution
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