files), confidentiality of a legal investigation at the pre-trial stage, affronts
and insults against the Head of State, calls and advertisements that incite
revolt, civil disobedience, unauthorised demonstrations, defend crimes,
blackmail or fraud, racial ethnic hatred, defamatory, insulting, libellous,
offensive articles or reports regarding public or private persons,
propaganda against Burundi, information that may harm the credit of the
state and national economy, information concerning military operations,
national defence,
diplomacy,
scientific
research
and
reports
of
commissions of inquiry by the State, identity of rape victims, protection of
minors against obscene and/or images and debates held in closed
session concerning minors without prior authorisation - Article 19.
94. We must note from the outset that of all aspects of the Press Law, this
part caused us great concern. We say so because while some parts of it
are obviously reasonable and require no more than the justification
outlined in the language used, other provisions are less clear.
For
example, the restrictions on protection of minors and identity of rape
victims can hardly be faulted
and so are those that require
communication of balanced information the sources of which have been
rigorously checked. The latter is what is required of any professional
including a journalist and the fact that it has been made into law cannot
be an unreasonable provision.
95. Our difficulty is with the provisions that relates to say, stability of the
currency, reports of commissions of enquiry etc. What justification and
what plausible reason can justify such provisions in any law? In our view,
citizens of any democratic State should be entitled to information that
informs their choices in matters of governance. The above restrictions
appear to unduly deny that right.
Reference No. 5 of 2013
Page 35