53. The Applicant also cited the Cases of Lapsevitch vs. Belarus UN
Human Rights Committee Comm. No.780/1997 (2000) and Media
Rights
Agenda
&
Others
vs.
Nigeria,
ACPHR
Comms
105/93,128/94,130/94 and 152/96 (1998) where it was held that
restrictions that give governments the power to prohibit publication of any
newspaper or magazine cannot be sustained.
e) That prior censorship of any films directed in Burundi under Article
46 of the Press Law cannot be in conformity with Burundi’s
obligations under Articles 6(d) and 7(2) of the Treaty.
54. According to the Applicant, the requirement of prior authorization from
the National Communications Council before any film can be directed on
Burundi’s territory amounts to the creation of an illegimate prior
censorship regime. In support of their proposition, reliance was placed on
Bantam Books Inc. vs. Sullivan 372 U.S 58 (1963) in the U.S Supreme
Court and Observer and Guardian vs. U.K Appl. No.13484/88 (1991)
at the European Court on Human Rights (ECHR). In Bantam Books, the
Court held that there is a heavy presumption of unconstitutionality with
respect to prior restraints of expression while the ECHR stated that prior
restraints required the most careful scrutiny.
f) That the rights of reply and correction regime under Articles 48-54
of the Press Law being vaguely worded, unduly impedes the
media’s right to freedom of expression thus, violating Article 6(d)
and 7(2) of the Treaty. That by allowing corrections by public
authorities in such circumstances, the Press Law legitimates
continuous interference with the work of the media.
55. In addition to the above submission, the Case of Miami Herald
Publishing Co. vs. Tornillo 418 US 241(1994) was cited where the US
Supreme Court ruled that a mandatory right of reply to the print media
Reference No. 5 of 2013
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