-40150.
In considering Constitutional Rights Project, Civil Liberties Organisation and
Media Rights Agenda v. Nigeria, the Commission also noted that "the fact that the
government bans a specific publication is disproportionate and unexpected. Laws
made to be applied specifically to an individual or corporate body are likely to be
discriminatory and to fall short of equal treatment before the law, as guaranteed by
Article 3. The banning of these publications is therefore inconsistent with the law
and is therefore a violation of Article 9 (2)"
19
•
In the same vein, it said that
restrictions on freedom of expression should be based on a legitimate public
interest and the disadvantages of limitation should .be strictly proportionate to and
absolutely necessary to achieve the desired benefif0 .
151.
In its Declaration of Principles on Freedom of Expression in Africa mentioned
above, the Commission had already laid down the rule that "sanctions should
never be so severe as to interfere with the exercise of the right to freedom of
expression 21 ".
152.
In its General Comment No. 34, the UN Human Rights Committee stressed
that:
"Laws on defamation must be carefully formulated so as to ensure that
they meet the necessity requirement stipulated in paragraph 3 and that
they should not be used, in practice, to stifle freedom of expression. 22"
153.
It also considered that the limitations must be "proportional" to achieve a
legitimate objective23 . It explained the notion of proportionality in the following
manner:
19
African Commission on Human and Peoples Rights, Constitutional Rights Project, Civil Liberties Organization
and Media Rights Agenda c. Nigeria, Communication No. 140/94-141/94-145/95, para 44
20
Media Rights Agenda, Constitutional Rights Project, Media Rights Agenda and Constitutional Rights Project v.
Nigeria, Communication No. 105/93-128/94-130/94-152/96, para 69
21
African Commission on Human and Peoples' Rights, Declaration of Principles on the Freedom ofExpression
in Africa, paragraph 1 of Principle XII ("Protection of Reputation")
22
Human Rights Committee, General Observation No. 34, Article 19: Freedom of Opinion and Freedom of
Expression, para33