freedom of expression (See, for example, the ECHR judgment, Castells v. Spain application No. 11798/85 and IACHR in the case Kimel v. Argentina). 162. European and inter-American jurisprudence has pointed out that States should only use criminalization as a last resort and when there is a serious threat to the enjoyment of other human rights. They argue that States should make preferential use of civil procedure rather than criminal procedure. They still reject the penalization of the crime of defamation with imprisonment, considering it disproportionate and in violation of freedom of expression (See ECHR Judgment Gavrillovic v. Moldavia application nº 25464/05 (para. 60) Lehideux et Isorni v. France para. 57; IACHR Trisant Donoso v. Panama, para. 20; Herrera Ulloa v. Costa Rica (para. 124-135) 163. In the instant case, the Defendant State, while alleging the need to place restrictions on freedom of expression to protect the rights of others, has established penal punishment for conducts that it considers offensive to honor, consideration, reputation, morals, etc., with high penalties of fine (between N7000.000,00 to N25.000.000,00) and imprisonment (between 5 to 10 years) as results from the analysis of the provisions of the invoked Section 24 of the “Cybercrime Act”. 164. Thus, the Court understands that such provisions are not necessary in a democratic society and disproportionately violate the right to freedom of expression, guaranteed by Articles 9 (2) and ACHPR and 19 of the ICCPR. 165. Therefore, the Court concludes that, in this regard, the provisions of Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015 are shown to be in violation of Articles 9 (2) and the ACHPR and 19 of the ICCPR. d) Whether the facts invoked by the Applicant constitute a violation of the right of freedom of expression of its mentioned members, associates and employees as guaranteed by the provisions of Articles 1 and 9, paragraphs 1 and 2 of the African Charter on Human Rights and 19 of the International Covenant on Civil and Political Rights; 38