files), confidentiality of a legal investigation at the pre-trial stage, affronts and insults against the Head of State, calls and advertisements that incite revolt, civil disobedience, unauthorised demonstrations, defend crimes, blackmail or fraud, racial ethnic hatred, defamatory, insulting, libellous, offensive articles or reports regarding public or private persons, propaganda against Burundi, information that may harm the credit of the state and national economy, information concerning military operations, national defence, diplomacy, scientific research and reports of commissions of inquiry by the State, identity of rape victims, protection of minors against obscene and/or images and debates held in closed session concerning minors without prior authorisation - Article 19. 94. We must note from the outset that of all aspects of the Press Law, this part caused us great concern. We say so because while some parts of it are obviously reasonable and require no more than the justification outlined in the language used, other provisions are less clear. For example, the restrictions on protection of minors and identity of rape victims can hardly be faulted and so are those that require communication of balanced information the sources of which have been rigorously checked. The latter is what is required of any professional including a journalist and the fact that it has been made into law cannot be an unreasonable provision. 95. Our difficulty is with the provisions that relates to say, stability of the currency, reports of commissions of enquiry etc. What justification and what plausible reason can justify such provisions in any law? In our view, citizens of any democratic State should be entitled to information that informs their choices in matters of governance. The above restrictions appear to unduly deny that right. Reference No. 5 of 2013 Page 35

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