regarding the direct link between the actions of the Journalists and the
legitimate aim the Respondent State seeks to protect.
185.
To support the above argument, the Commission recalls its
decision in Media Legal Defence Initiative v Rwanda, which
highlighted that “the failure of a State Party to justify in explicit terms the
relationship between the imposition of limitations and public order or
national security interests, would amount to a violation of Article 9, and
that State Parties have tended to make general statements linking national
security and limitations.”54
186.
The Commission also believes that the Respondent State has not
adequately provided detailed explanations demonstrating the connection
between the restriction on freedom of expression and the legitimate
purpose of the actions, which were intended to protect and safeguard
citizens from terrorism, incitement of violence, and hate speech. Without
any explanation from the Respondent State regarding how the expression
of the Journalists and Bloggers threatens national security or public
order, the restriction and arrest of these individuals are deemed
arbitrary.
187.
The Complainants further allege that the Respondent State, in
justifying the arrest of journalists, bloggers, human rights defenders,
and opposition political parties, directly and indirectly, utilized the 2009
Mass Media and Access to Information Proclamation, as well as the 2009
Anti-Terrorism Proclamation, both of which are indicated by the
Complainants to be repressive.
188.
The Commission notes that the Respondent State did not
challenge the allegations made by the Complainants above. Instead, the
Respondent State affirmed the contention of the Complaints in
paragraphs 74 and 75 of its submission, stating that “Over the past
years, laws which were deemed to limit the smooth exercise of rights and
freedoms of expression, association, assembly and the right to take part
in public affairs have been repealed and replaced; journalists, activists,
and bloggers who were jailed under the former anti-terrorism and mass
media laws have been released.55” The Respondent State also adds that
“the Government recently allowed access to more than 246 websites and
TV channels including news outlets and blogs that were previously
blocked because of their political content.56”
54 As above.
55 Respondent Submission on Merits para 74.
56 As above para 75.
~ 36 ~
African Commission on Human and Peoples�� Rights
31 Bijilo Annex Layout, Kombo North District,
West Coast Region, The Gambia,
Phone: (220) 230 4361 Fax: (220) 441 05 04
Email: au-banjul@africa-union.org
https:/achpr.au.int/