190. The norm of Article 9 of the African Charter, with regard to freedom of expression, contains a clause that referrers the exercise of this right to the legal system of the States Parties, by stipulating that the exercise of the right must occur “in accordance with the law”. 191. This means that the right to freedom of expression is not absolute and it is up to the Member State to define the conditions for its exercise. 192. From the analysis combined with the norm of Article 27 (2) of the African Charter, it follows that the right to freedom of opinion and expression should be exercised within the framework of the law and with due respect for the rights of others, collective security, morality and common interest. 193. This Court underlined in the case FEDERATION OF AFRICAN JOURNALISTS AND OTHERS v. REPUBLIC OF THE GAMBIA, Judgment No. ECW/CCJ/JUD/04/18, of February 13, 2018, p. 32, that: “Freedom of expression is a fundamental human right and full enjoyment of this right is central to achieving individual freedoms and to developing democracy. It is not only the cornerstone of democracy, but indispensable to thriving civil society.” (See also the African Court in the case INGABIRE VICTOIRE UMUHOZA v. REPUBLIC OF RWANDA, Application No. 0003/2014, of November 24, 2017, §132 and 133). 194. The Human Rights Committee, in its Comment No. 34 Article 19 on freedom of opinion and expression, noted that Article 19 (2) requires that: “States parties to guarantee the right to freedom of expression including the right to seek, receive and impart information and ideas of all kinds regardless of frontiers. This right includes the expression and receipt of communications of every form of idea and opinion capable of transmission 50

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