22. The Applicants are claiming that, once enacted into law, journalists and the
media profession would be susceptible to arrests, intimidations, harassments
and detentions for making critical comments or remarks about government.
23. According to the Applicants, the Respondent equally has provisions in its
criminal code and law criminalizing defamation of character and incitement
which said laws by their purports are disproportionate to the right of freedom
of expression as guaranteed.
24. They state that the existence of these laws in themselves run counter to the goals
and objectives of the charter, as the restrictions created by the said laws are not
within the limits contemplated by the charter as it attaches grave criminality as
penalty for such speeches or communications that are defamatory or inciting.
25. The Applicants conclude that their right, and indeed that of the citizenry of the
Respondent State to freedom of speech, even though not absolute, and subject
to restrictions under the law, cannot be wholly criminalized and subjected to
sanctions such as the death penalty or any other criminal penalty as proposed
under the said Bill.
b.
Pleas in law
26. The Applicants rely on the following laws:
i.
Articles 1, 2, 3, 6, and 9 of the African Charter on Human and Peoples’
Rights (African Charter);
ii.
Articles 1, 2, 9 and 19 of the Universal Declaration of Human Rights
(UDHR);
iii.
Articles 1, 2, 6 and 19 of the International Convention on Civil and
Political Rights (ICCPR); and
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