-1969.
The Court recalls in this regard that the African Commission on Human and
Peoples' Rights (hereinafter referred to as "the Commission"), when considering
Communication No. 284/2003 (2009), has established the criteria for what would
amount to disparaging or insulting language within the meaning of the two provisions
cited above, when used in an Application.
70.
The Commission has stated that:
"The operative words in Article 56(3) are disparaging and insulting and
these words must be directed against the State Party concerned or its
institutions or the African Union.
According to the Oxford Advanced
Dictionary, disparaging means to speak slightingly of ... or to belittle ...
and insulting means to abuse scornfully or to offend the self-respect or
modesty of ... "2
Again, according to the Commission:
"In determining whether a certain remark is disparaging or insulting and whether it
has dampened the integrity of the judiciary, the Commission has to satisfy itself
whether the said remark or language is aimed at unlawfully and intentionally
violating the dignity, reputation and integrity of a judicial official or body and whether
it is used in a manner calculated to pollute the minds of the public or any
reasonable man to cast aspersions on and weaken public confidence on the
administration of justice. The language must be aimed at undermining the integrity
and status of the institution and bring it into disrepute[... ]"3 .
2
African Commission on Human and Peoples' Rights, Zimbabwe Lawyers for Human Rights & Associated
Newspapers of Zimbabwe v. Zimbabwe, Communication n° 284/2003, 3 April 2009, paragraph 88 (Frenc .
version).
3
Id., paragraphe 91.
4
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