Censorship, Academic Freedom and Legal Regulation: A Bahamian Case Study
AbstractThis paper provides an analysis of a dimension of the legal environment within which academic freedom in The Bahamas was encroached upon by government agencies of The Bahamas exercising regulatory authority over the public viewing of a film. The analysis was conducted through an inquiry to determine whether the constitutional right of freedom of expression was violated when academicians, having organized a public study session relating to censorship, were prohibited from using footage from a banned film as part of their study session. This paper suggests that Bahamian courts, based on the analysis presented in the paper, would conclude that the regulatory actions of the administrative agency in question constituted a breach of the constitutional right of freedom of expression.
Foucault, M., & Gordon, C. (1977). Power/knowledge: Selected interviews and other writings, 1972-1977. Pantheon Books.
Habermas, J. (1984-1987). The theory of communicative action. Beacon Press.
Mortimer, L. (2007, October). Censorship and the Bahamas Plays & Films Control Board. Paper presented at the second study session, “Studying Censorship in The Bahamas: Examining the Bahamas Plays and Films Control Board”, The College of The Bahamas, Nassau, Bahamas.
Swain, J. (2006, June 14). Film board challenged. The Nassau Guardian, p. A2
Council of Civil Service Unions v. Minister for the Civil Service  3 All ER 935
D’Aguilar v. Attorney-General (1962) 4 WIR 481
deFreitas v. Permanent Secretary of Agriculture Fisheries,. Lands and Housings and Others  3 LRC 62
Hinds v. The Queen  AC 195
Rangarajan v. Jagjivan Ram  LRC (Const) 412
Re Ontario Film & Video Appreciation Society and Ontario Board of Censors (1983) 147 D.L.R. (3d) 58; 41 O.R. (2d) 583 (Div. Ct.); 45 O.R. (2d) 80n (C.A)
Singh v Chinilall  LRBG
Penal Code, 1927, [CH. 84], (Bahamas)
The Constitution of The Commonwealth of The Bahamas, 1973.
Theatres and Cinemas Act, 1975, [CH. 384], (Bahamas)
Theatres and Cinemas (Censorship) Regulations, 1976, [CH. 384], (Bahamas)