251(W) 1995, it thus submitted that, freedom of the speech “is the
freedom upon which all other freedoms depends.”
49. On specific provisions of the Press Law, the Applicant submitted as
hereunder:a) That compulsory accreditation under Articles 5-9 of the Press Law
is not in conformity with Articles 6(d) and 7(2) because it
unnecessarily and unjustifiably restricts those who become
journalists. Further, that the National Communications Council
enjoys vague discretion to withdraw or refuse accreditation in
violation of the rights to freedom of expression.
50. In support of this submission, reliance was placed on the decision in
Compulsory Membership in an Association [supra], Scanlon &
Holderness [supra], Kasoma vs. AG of Zambia Case 95/HP/29/95 as
well as Sunday Times vs. United Kingdom Appl.no 6538/74 (1979),a
decision of the European Court on Human Rights.
b) That the broad and vague restrictions on press freedom under
Articles 10 and 17-19 of the Press Law are not in conformity with
Burundi’s obligations under Articles 6(d) and 7(2) of the Treaty. The
submission made in that regard was that, the provisions
prohibit
the publication of certain categories of information in the print
media, website as well as broadcasts. That the said restrictions are
impermissibly vague and cannot be justified in a democratic
society.
51. In support of the above submission, the UN Human Rights
Committee’s General comments on the Right to Freedom of
Expression was cited and particularly its comment at paragraph 34 that
restrictive measures must conform to the principle of proportionality.
Reference No. 5 of 2013
Page 16