accountability that are, in turn, essential for the promotion and protection of human rights. 80. The Court went further to state that:“The importance of the freedom of expression and of the media has been considered in various jurisdictions, and such decisions offer some guidance on why the freedom is considered important in a free and democratic society. In Charles Onyango-Obbo and Anor v. Attorney General (Constitutional Appeal No.2 of 2002..), the Supreme Court of Uganda (per Mulenga SCJ) stated that:“Democratic societies uphold and protect fundamental human rights and freedoms, essentially on principles that are in line with J. J. Rousseau’s version of the Social Contract theory. In brief, the theory is to the effect that the pre-social humans agreed to surrender their respective individual freedom of action, in order to secure mutual protection, and that consequently, the raison dêtre of the State is to provide protection to the individual citizens. In that regard, the State has the duty to facilitate and enhance the individual’s self-fulfilment and advancement, recognising the individual’s rights and freedoms as inherent in humanity… Protection of the fundamental human rights therefore, is a primary objective of every democratic constitution, and as such is an essential characteristic of democracy. In particular, protection of the right to freedom of expression is of great significance to democracy. It is the bedrock of democratic governance” (Emphasis added). Reference No. 5 of 2013 Page 30

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