to others … ”(Paragraph 11); that paragraph 2 “protects all forms of
expression and the means of their dissemination.” And that the exercise of
the right to freedom of expression entails special duties and responsibilities
and therefore, “two limitative areas of restrictions on the right are permitted
which may report either to respect of the rights or reputations of others or
to the protection of national security or of public order (order public) or of
public health or morals.” (paragraph 21)
195. It also underlined that the No. 3 of the Article 19 (3) sets out the specific
conditions under which restrictions must be imposed.
That is: “the
restrictions must be “provided by law”; they may only be imposed for one
of the grounds set out in subparagraphs (a) and (b) of paragraph 3. And they
must conform to the strict tests of necessity and proportionality” (paragraph
22).
196. And it highlighted, however, that when the State party imposes certain
restrictions on the exercise of freedom of expression, such restrictions should
not undermine the right itself (paragraph 21).
197. Thus the African wrote Commission in its Communication No. 140/94141/94-145/95,CONSTITUTIONAL RIGHTS PROJECT, CIVIL LIBERTIES
ORGANISATION AND MEDIA RIGHTS AGENDA/NIGERIA: “In contrast
to other international human rights instruments, the African Charter does
not contain a derogation clause. Therefore limitations on the rights and
freedoms enshrined in the Charter cannot be justified by emergencies or
special circumstances. The only legitimate reasons for limitations of the
rights and freedoms of the African Charter are found in Article 27.2, that is,
that the rights of the Charter “shall be exercised with due regard to the rights
of others, collective security, morality and common interest”. The
justification of limitations must be strictly proportionate with and absolutely
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