c) That the right to protect confidential sources of information under
Article 20 of the Press Law is not in conformity with Articles 6(d)
and 7(2) of the Treaty. Further, that the Law requires that where the
information concerns offences against State security, public order,
all State secrets and national defense, or moral and physical
integrity of a person, then the source ought to be disclosed. Such
disclosure, it
was argued, negates the well-established
norm
under International Human Rights Law that a confidential source of
information ought to be protected and the
right should only be
restricted when a court has ordered disclosure, and in that regard
the decision of the European Court of Human Rights in Goodwin
vs. UK Appl. No.28957/95 (2009) and Saroma vs. Netherlands,
Appl.38224/03 (2010) were cited in support;
d) That print media is specifically regulated by Articles 26-35 and 4445 and such an action cannot be in conformity with Articles 6(d)
and 7(2) of the Treaty. The submission made in that
regard was
that, the Press Law creates a restrictive framework and limits who
may be appointed
a director of any media outlet and the said
framework is unduly erroneous and is open to abuse because of
the uncontrolled powers given to the National Communications
Council which in itself is lacking in independence and is under the
direct control of the Executive. In addition, that the involvement of
the Public Prosecutor, various Ministries and Provincial governance
in media regulation is worrisome.
52. It was also the Applicant’s case that following international norms, only a
purely administrative regime for the regulation of print media is
permissible
and
the
African
Commission
on
Human
Rights
Declaration of Principles on Freedom of Expression in Africa was
cited in support of that proposition.
Reference No. 5 of 2013
Page 17