are compatible with the AU Constitutive Act and the African Charter, the Commission therefore holds that the requirements under Article 56(2) of the African Charter has been fulfilled. 41. In accordance with Article 56 (3) of the African Charter, 'Communications ... received by the Commission shall be considered if they are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organisation of African Unity now African Union (AU)'. Considering that the State, as elaborated in SERAC v Nigeria', bears the primary duty to respect, protect, promote and fulfil the rights enshrined in the African Charter, the essence of Article 56 (3) is to discourage use of language that severely damages, without reasonable grounds, the standing of the State or its institutions as the first point of call for seeking redress. 42. In Ilesanmi v Nigeria and Ligue Camerounaise des Droits de l'Homme v Cameroon, the Commission analysed the language used by the Complainants and considered them to be insulting and disparaging language. In the above Communications, the Complainant alleged that the Respondent State had 'received bribes from drug dealers. Although the Commission acknowledged that 'in an open and democratic society individual must be allowed to express their views freely', it nevertheless found that the characterization of the State by the Complainant would lead any reasonable person to lose respect for its institutions and that language must not be used to injure the reputation of others. In the latter, the Complainant described the State as a Icriminal neo-colonial regime' and its actions as Igovernment barbarism', which the Commission found insulting. In Zimbabwe Lawyers for Human Rights & Associated Newspapers v ZimbabweB, the Commission stated that in determining whether language used is disparaging or insulting: "The Commission has to satisfiJitself that the said remark or language is aimed at unlawfully and intentionally violating the dignitlJI reputation or integritlJ of ajudicial officeror body and whether it is used in a manner calculated to... cast aspersions on and weaken public confidence on the administration ofjustice". 9