regarding the direct link between the actions of the Journalists and the legitimate aim the Respondent State seeks to protect. 185. To support the above argument, the Commission recalls its decision in Media Legal Defence Initiative v Rwanda, which highlighted that “the failure of a State Party to justify in explicit terms the relationship between the imposition of limitations and public order or national security interests, would amount to a violation of Article 9, and that State Parties have tended to make general statements linking national security and limitations.”54 186. The Commission also believes that the Respondent State has not adequately provided detailed explanations demonstrating the connection between the restriction on freedom of expression and the legitimate purpose of the actions, which were intended to protect and safeguard citizens from terrorism, incitement of violence, and hate speech. Without any explanation from the Respondent State regarding how the expression of the Journalists and Bloggers threatens national security or public order, the restriction and arrest of these individuals are deemed arbitrary. 187. The Complainants further allege that the Respondent State, in justifying the arrest of journalists, bloggers, human rights defenders, and opposition political parties, directly and indirectly, utilized the 2009 Mass Media and Access to Information Proclamation, as well as the 2009 Anti-Terrorism Proclamation, both of which are indicated by the Complainants to be repressive. 188. The Commission notes that the Respondent State did not challenge the allegations made by the Complainants above. Instead, the Respondent State affirmed the contention of the Complaints in paragraphs 74 and 75 of its submission, stating that “Over the past years, laws which were deemed to limit the smooth exercise of rights and freedoms of expression, association, assembly and the right to take part in public affairs have been repealed and replaced; journalists, activists, and bloggers who were jailed under the former anti-terrorism and mass media laws have been released.55” The Respondent State also adds that “the Government recently allowed access to more than 246 websites and TV channels including news outlets and blogs that were previously blocked because of their political content.56” 54 As above. 55 Respondent Submission on Merits para 74. 56 As above para 75. ~ 36 ~ African Commission on Human and Peoples�� Rights 31 Bijilo Annex Layout, Kombo North District, West Coast Region, The Gambia, Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-union.org https:/achpr.au.int/

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