before broadcast every time, cast excessive burden upon the Plaintiffs and violates
their rights to freedom of speech and expression.
61. In the case of Deyda Hydara JR. and Anor v. The Gambia (Suit No:
ECW/CCJ/APP/30/11 Judgment No: ECW/CCJ/JUD/17/14). The Applicants were
nationals of The Gambia, made allegations of violations of freedom of expression
against the defendant state amongst other violations. In its judgment, the Court
stated as follows:
“These provisions, guarantee the right to life and also freedom of
expression… A State also will be in breach of international law and treaty
obligations, if it fails to protect media practitioners including those critical
of the regime. For freedom of expression also includes the freedom to
criticize the government and its functionaries, subject to limitations
imposed by the domestic laws.”
62. International law recognizes that freedom of expression may be restricted but,
any limitations must remain within the strictly defined parameters as laid down in
Articles 19 (3) of the ICCPR as follows:
A. For respects for the Rights or reputations of others.
B. For the protection of National Security or of public order (ordre public) or
of public health and morals.
63. Similarly, Article II of the African Commission on Human and Peoples’ Rights
Declaration of Principles on Freedom of expression in Africa ( 32nd Session, 17-23
October, 2002) Banjul, The Gambia, Article XII (2) states:
1. No one shall be subject to arbitrary interference with his or her freedom
of expression.
2. Any restrictions on freedom of expression shall be provided by law, serve
a legitimate interest and be necessary in a Democratic society.
64. The Plaintiffs requested for proof of inciting and divisive programme content
that may fall within the exception provided for by the law to warrant the closure of
their outfit but the Defendant never advanced any one.
65. The Defendant has failed to establish proof of Plaintiffs’ media programs which
constitutes a threat to National Security, Public Order, or Public health and morals,
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