cultural and political peculiarities and needs and so within the requirements of
Article 19(3) and 27(2) of the ICCPR and the African Charter.
The defendant further refers to the definition of sedition in Black’s law dictionary
and submits that the limitation on the freedom of expression contained in the sections
aims at containing advocacy directed at inciting imminent lawless actions within the
state. The defendant further contends that the sanctions are liberal and proportionate
in so far as they do not impose mandatory custodial sentence but include option of
fine
Article 19 of UDHR and Article 19 of ICCPR make provision for freedom of
expression and information. However, Article 19(3) of ICCPR goes further to
provide for special duties and responsibilities attached to the rights which may thus
be subject to certain restrictions provided by law and necessary for the respect of the
rights and reputation of others and the protection of national security or public order,
public health or morals.
From a reading of Articles 9(2) and 27(2) of the African Charter, the right to express
and disseminate opinion is to be exercised within the law, and with due regards to
the rights of others, collective security, moral and common interest.
It follows from the above that the right to information is not absolute under any
international instrument. However, for the right to be interfered with certain
parameters must be in place viz: existence of a legal provision, necessary for the
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