It is notorious that broadcasting is one of the means where free speech and freedom of opinion are made effective, and also it is notorious that it produces positive and negative externalities. The question puts a dilemma, between free speech/freedom of opinion and necessity of stimulating production of positive externalities and inhibiting production of negative externalities.
Data law, broadcasting, externalities
Let me use Kenya as an example of the delicate balancing act between the freedom of speech granted under the new constitution and hate speech laws that have attempted to define what free speech is not. Hate speech that is deemed to be a threat to national security and cohesion is categorised as a negative externality such that under the constitution is not a right of free speech and hence is a legal offence. Constitutional gurantees can act as a safeguard against censorship along with a vibrant civil society and media that continually inform the citizens to actively participate in rejecting censorship that might be a pretext to dictatorial tendencies.
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