accountability that are, in turn, essential for the
promotion and protection of human rights.
80. The Court went further to state that:“The importance of the freedom of expression and of the media
has been considered in various jurisdictions, and such decisions
offer some guidance on why the freedom is considered important
in a free and democratic society. In Charles Onyango-Obbo and
Anor v. Attorney General (Constitutional Appeal No.2 of 2002..),
the Supreme Court of Uganda (per Mulenga SCJ) stated that:“Democratic societies uphold and protect fundamental
human rights and freedoms, essentially on principles that
are in line with J. J. Rousseau’s version of the Social
Contract theory. In brief, the theory is to the effect that the
pre-social humans agreed to surrender their respective
individual freedom of action, in order to secure mutual
protection, and that consequently, the raison dêtre of the
State is to provide protection to the individual citizens. In
that regard, the State has the duty to facilitate and enhance
the
individual’s
self-fulfilment
and
advancement,
recognising the individual’s rights and freedoms as
inherent in humanity…
Protection of the fundamental human rights therefore, is a
primary objective of every democratic constitution, and as
such is an essential characteristic of democracy.
In
particular, protection of the right to freedom of expression
is of great significance to democracy. It is the bedrock of
democratic governance” (Emphasis added).
Reference No. 5 of 2013
Page 30
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