prosecution in them thereby having a chilling effect on their freedom of expression
as journalists.
Acknowledging the fact that the restriction is contained in the law they contend that
that is not enough as the law has to be formulated with sufficient precision. They
contend that the definition of seditious intention is based on subjective reactions of
the reader while definition of defamatory matter under section 179 does not establish
an objective standard as to enable the writer determine ahead of the publication
whether the publication will fall within the definition of defamatory matter.
Referring to the provision of sections 59 and 181A on false news, they submit that
the possibility of error in journalistic work cannot be avoided and as such the
existence of criminal liability for such errors impedes their right to freedom of
expression and so cannot be provided by law and that maintaining the provision has
not been shown to serve any legitimate purpose.
The plaintiffs further contended that limitations in order to be lawful must be shown
to be necessary in a democratic society and proportionate to the aim pursued.
The defendant in response maintained that the provisions of the sections under
reference satisfy the requirements of a good law within the contemplation of Article
19(3) of ICCPR. They further submit that the interpretation of what is harmful or
offensive to the reputation of others are culturally and politically relative and that
the stipulations in the provisions being challenged are reflections of the Defendants
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