190. The norm of Article 9 of the African Charter, with regard to freedom of
expression, contains a clause that referrers the exercise of this right to the
legal system of the States Parties, by stipulating that the exercise of the right
must occur “in accordance with the law”.
191. This means that the right to freedom of expression is not absolute and
it is up to the Member State to define the conditions for its exercise.
192. From the analysis combined with the norm of Article 27 (2) of the
African Charter, it follows that the right to freedom of opinion and
expression should be exercised within the framework of the law and with
due respect for the rights of others, collective security, morality and common
interest.
193. This Court underlined in the case FEDERATION OF AFRICAN
JOURNALISTS AND OTHERS v. REPUBLIC OF THE GAMBIA, Judgment
No. ECW/CCJ/JUD/04/18, of February 13, 2018, p. 32, that: “Freedom of
expression is a fundamental human right and full enjoyment of this right is
central to achieving individual freedoms and to developing democracy. It is
not only the cornerstone of democracy, but indispensable to thriving civil
society.” (See also the African Court in the case INGABIRE VICTOIRE
UMUHOZA v. REPUBLIC OF RWANDA, Application No. 0003/2014, of
November 24, 2017, §132 and 133).
194. The Human Rights Committee, in its Comment No. 34 Article 19 on
freedom of opinion and expression, noted that Article 19 (2) requires that:
“States parties to guarantee the right to freedom of expression including the
right to seek, receive and impart information and ideas of all kinds
regardless of frontiers. This right includes the expression and receipt of
communications of every form of idea and opinion capable of transmission
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