the press in the development of a free and democratic society. The Costa Rican government
approached the Court for an advisory opinion whether “…the compulsory membership of journalists
and reporters in an association prescribed by law for the practice of journalism is permitted or included
among the restrictions or limitations authorized by Articles 13 and 29 of the American Convention on
Human Rights.” In responding to the Costa Rican government’s question the Court stated that a law
providing for compulsory association and, thus, barring non-members from the practice of journalism
was incompatible with the American Convention, as it would deny access to the full use of the news
media as a means of expressing opinions or imparting information.
94. The Inter-American Court noted further that compulsory licensing of journalists or the requirement
of a professional identification card does not mean that the right to freedom of thought and expression
is being denied, nor restricted, nor limited, but only that its practice is regulated. Compulsory licensing,
the Court held, “seeks the control, inspection and oversight of the profession of journalists in order to
guarantee ethics, competence and the social betterment of journalists…”. The accreditation of
journalists may thus be beneficial to the profession, provided though it is done in a manner that does
not infringe on the effective enjoyment of the rights of journalists to freely express themselves or
receive and disseminate information.
95. Distinguishing the compulsory registration of persons of other profession from the registration of
journalists, the Court held that;
“…within this context, journalism is the primary and principal manifestation of freedom of expression of
thought. For that reason, because it is linked with freedom of expression, which is an inherent right of
each individual, journalism cannot be equated to a profession that is merely granting a service to the
public through the application of some knowledge or training acquired in a university or through those
who are enrolled in a certain professional… The argument that a law on the compulsory licensing of
journalists does not differ from similar legislation applicable to other professions does not take into
account the basic problem that is presented with respect to the compatibility between such a law and
the Convention. The problem results from the fact that Article 13 expressly protects freedom ‘to seek,
receive, and impart information and ideas of all kinds... either orally, in writing, in print...’. The
profession of journalism - the thing journalists do - involves, precisely, the seeking, receiving and
imparting of information. The practice of journalism consequently requires a person to engage in
activities that define or embrace the freedom of expression which the [Charter] guarantees.”
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96. The Court went on to state that;
“…this is not true of the practice of law or medicine, for example. Unlike journalism, the practice of law
and medicine - that is to say, the things that lawyers or physicians do - is not an activity specifically
guaranteed by the Convention [Charter]. It is true that the imposition of certain restrictions on the
practice of law would be incompatible with the enjoyment of various rights that the Convention
guarantees.…But no one right guaranteed in the Convention exhaustively embraces or defines the
practice of law as does Article 13 when it refers to the exercise of a freedom that encompasses the
activity of journalism. The same is true of medicine’.
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97. The African Commission has considered the opinion expressed by the Inter-American Court on
Human Rights in the Costa Rican case, and finds a great deal of persuasion in the reasoning and the
approach adopted by the Inter American Court on the question of compulsory licensing of journalists.
The Commission is convinced that the question of compulsory accreditation is the same as
compulsory licensing which was addressed by the Inter-American Court. The Commission is inclined
to accept the argument that compulsory licensing or accreditation amounts to a restriction of the
freedom to practice the journalistic profession where it aims to control rather than regulate the
profession of journalism. Regulation is acceptable where it aims at the identification of journalists, the
maintenance of ethical standards, competence, and the betterment of the welfare of journalists. In
other words the aim of registration should be for purposes of betterment of the profession rather than
its control, since control by its nature infringes the right to express oneself. Articles 60 and 61 of the
African Charter enjoin the Commission to seek inspiration from other international human rights
instruments, precedent and doctrine.