117. Also, the African Commission, in its Declaration of Principles of Freedom of Expression and Access to Information in Africa, adopted at its 65th Ordinary Session, held from 21 October to 10 November 2019, in Banjul, Gambia, and which replaced the previous Declaration of 2002, established, as Principle 9, the conditions for a justifiable limitation of the exercise of the right to freedom of expression and access to information, prescribing the following: “1.States may only limit the exercise of the, if the limitation: a. is prescribed by law; b. serve a legitimate aim; and c. is a necessary and proportionate means to achieve the stated aim in a democratic society. 2. States shall ensure that any law limiting the rights to freedom of expression and access to information: a. is clear, precise, accessible and foreseeable; b. is overseen by an independent body in a manner that is not arbitrary or discriminatory; and c. effectively safeguards against abuse including through the provision of a right of appeal to independent and impartial courts. 3. 4. A limitation shall serves a legitimate aim where the objective of the limitation is: a. to preserve respect for the rights or reputations of others; or b. to protect national security, public order or public health. To be necessary and proportionate, the limitation shall: a. originate from a pressing and substantial need that is relevant and sufficient b. have a direct and immediate connection to the expression and disclosure of information, and be the least restrictive means of achieving the stated aim; and be such that the benefit of protecting the stated interest outweighs the 28

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