-40150. In considering Constitutional Rights Project, Civil Liberties Organisation and Media Rights Agenda v. Nigeria, the Commission also noted that "the fact that the government bans a specific publication is disproportionate and unexpected. Laws made to be applied specifically to an individual or corporate body are likely to be discriminatory and to fall short of equal treatment before the law, as guaranteed by Article 3. The banning of these publications is therefore inconsistent with the law and is therefore a violation of Article 9 (2)" 19 • In the same vein, it said that restrictions on freedom of expression should be based on a legitimate public interest and the disadvantages of limitation should .be strictly proportionate to and absolutely necessary to achieve the desired benefif0 . 151. In its Declaration of Principles on Freedom of Expression in Africa mentioned above, the Commission had already laid down the rule that "sanctions should never be so severe as to interfere with the exercise of the right to freedom of expression 21 ". 152. In its General Comment No. 34, the UN Human Rights Committee stressed that: "Laws on defamation must be carefully formulated so as to ensure that they meet the necessity requirement stipulated in paragraph 3 and that they should not be used, in practice, to stifle freedom of expression. 22" 153. It also considered that the limitations must be "proportional" to achieve a legitimate objective23 . It explained the notion of proportionality in the following manner: 19 African Commission on Human and Peoples Rights, Constitutional Rights Project, Civil Liberties Organization and Media Rights Agenda c. Nigeria, Communication No. 140/94-141/94-145/95, para 44 20 Media Rights Agenda, Constitutional Rights Project, Media Rights Agenda and Constitutional Rights Project v. Nigeria, Communication No. 105/93-128/94-130/94-152/96, para 69 21 African Commission on Human and Peoples' Rights, Declaration of Principles on the Freedom ofExpression in Africa, paragraph 1 of Principle XII ("Protection of Reputation") 22 Human Rights Committee, General Observation No. 34, Article 19: Freedom of Opinion and Freedom of Expression, para33

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