Alleged violation of Article 9 of the Charter (The right to Freedom of Expression
and Access to Information)
147.
Regarding the alleged violation of Article 9 of the Charter, the
Respondent State argues that the Ethiopian Constitution guarantees the
right to hold opinions and freedom of expression, including seeking,
receiving, and sharing information and ideas through various mediums.
They assert that these rights can only be limited by laws guided by the
principle that freedom of expression and information should not be
restricted based on content or impact of the expressed viewpoint.
However, legal limitations may be imposed to protect youth and
individuals' reputations.
148.
The Respondent State avers that Proclamation No. 590/2008,
the law Governing Mass Media and Access to Information at the time of
the allegation, has been repealed by Proclamation No. 1238/2021,
which was adopted with the purview of upholding and strengthening
previous achievements in freedom of expression while addressing
barriers to independent media operations and the free flow of
information.
149.
The Respondent State contends that private publications were not
shut down before the election in 2015, as over 107 private and public
media organizations reported on the electoral process and international
media presented throughout the pre-, during, and post-election periods.
150.
Regarding the arrest of journalists and bloggers, the Respondent
State maintains that it was not arbitrary or solely based on their
expression or political activity. Rather, they were suspected of crimes
related to their affiliation with terrorist organizations, advocating for the
violent overthrow of a constitutionally elected Government, engaging in
hate speech, and inciting violence against specific ethnic groups. The
Respondent State adds that these individuals were brought before the
court of law, as the Government has an obligation, under its own
Constitution and international law, to protect citizens from terrorism,
violence incitement, and hate speech.
151.
The Respondent State asserts that no evidence supports the
allegation of using sophisticated technologies for wiretapping and
blocking blogs and websites. They argue that the Respondent State has
laws that adhere to international standards, and interception and
surveillance of communications are allowed under the Constitution and
the Anti-Terrorism law to protect and investigate certain crimes subject
to strict procedural requirements such as court warrants, confidentiality
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