conformity to governmental theories, freedom of expression –
the free and open exchange of ideas – is no less important than it
is in the United States of America. It could actually be contended
with much force that the public interest in the open market-place
of ideas is all the more important to us in this country because
our democracy is not yet firmly established and must feel its way.
Therefore, we should be particularly astute to outlaw any form of
thought-control, however, respectably dressed.”
98. What we understand the Learned Judge to have been saying, and we
agree, is that a government should not determine what ideas or
information should be placed in the market place and information and we
dare add, if it restricts that right, the restriction must be proportionate
and reasonable. We have grave doubts about some of the aspects of
the Press Law in applying that test.
99. In that regard the following restrictions, in our view, cannot face the test
of reasonability, rationality or proportionality i.e. the restriction not to
disseminate information on the stability of the currency, offensive articles
or reports regarding public or private persons, information that may harm
the credit of the State and national economy, diplomacy, scientific
research and reports of Commissions of Inquiry by the State.
100. Despite a blanket concern therefore by the Applicant about Articles 17,
18 and 19 of the Press Law, noting the circumstances and history of the
State of Burundi, and noting that freedom of speech and freedom of the
press are not absolute, only the above provisions can properly be said to
be unduly restrictive of these rights and we have said why.
101. In the circumstance, while we find good reason to uphold some of the
provisions in Articles 17-19 of the Press Law, some of those provisions
Reference No. 5 of 2013
Page 37