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Declaration of Principles on Freedom of Expression in Africa
African Commission on Human & Peoples' Rights, African Union
Adopted by The African Commission on Human and Peoples' Rights, meeting at its 32nd Ordinary Session, in Banjul, The Gambia, from 17-23 October 2002

I
The Guarantee of Freedom of Expression

1. Freedom of expression and information, including the right to seek, receive and impart information and ideas, either orally, in writing or in print, in the form of art, or through any other form of communication, including across frontiers, is a fundamental and inalienable human right and an indispensable component of democracy.

2. Everyone shall have an equal opportunity to exercise the right to freedom of expression and to access information without discrimination.

II
Interference with Freedom of Expression

1. No one shall be subject to arbitrary interference with his or her freedom of expression.

2. Any restrictions on freedom of expression shall be provided by law, serve a legitimate interest and be necessary and in a democratic society.

III
Diversity

Freedom of expression imposes an obligation on the authorities to take positive measures to promote diversity, which include among other things-:

  • availability and promotion of a range of information and ideas to the public;
  • pluralistic access to the media and other means of communication, including by vulnerable or marginalised groups, such as women, children and refugees, as well as linguistic and cultural groups;
  • the promotion and protection of African voices, including through media in local languages; and
  • the promotion of the use of local languages in public affairs, including in the courts.

IV
Freedom of Information

1. Public bodies hold information not for themselves but as custodians of the public good and everyone has a right to access this information, subject only to clearly defined rules established by law.

2. The right to information shall be guaranteed by law in accordance with the following principles:

  • everyone has the right to access information held by public bodies;
  • everyone has the right to access information held by private bodies which is necessary for the exercise or protection of any right;
  • any refusal to disclose information shall be subject to appeal to an independent body and/or the courts;
  • public bodies shall be required, even in the absence of a request, actively to publish important information of significant public interest;
  • no one shall be subject to any sanction for releasing in good faith information on wrongdoing, or that which would disclose a serious threat to health, safety or the environment save where the imposition of sanctions serves a legitimate interest and is necessary in a democratic society; and
  • secrecy laws shall be amended as necessary to comply with freedom of information principles.

3. Everyone has the right to access and update or otherwise correct their personal information, whether it is held by public or by private bodies.

V
Private Broadcasting

1. States shall encourage a diverse, independent private broadcasting sector. A State monopoly over broadcasting is not compatible with the right to freedom of expression.

2. The broadcast regulatory system shall encourage private and community broadcasting in accordance with the following principles:

  • there shall be equitable allocation of frequencies between private broadcasting uses, both commercial and community;
  • an independent regulatory body shall be responsible for issuing broadcasting licences and for ensuring observance of licence conditions;
  • licensing processes shall be fair and transparent, and shall seek to promote diversity in broadcasting; and
  • community broadcasting shall be promoted given its potential to broaden access by poor and rural communities to the airwaves

VI
Public Broadcasting

State and government controlled broadcasters should be transformed into public service broadcasters, accountable to the public through the legislature rather than the government, in accordance with the following principles:

  • public broadcasters should be governed by a board which is protected against interference, particularly of a political or economic nature;
  • the editorial independence of public service broadcasters should be guaranteed;
  • public broadcasters should be adequately funded in a manner that protects them from arbitrary interference with their budgets;
  • public broadcasters should strive to ensure that their transmission system covers the whole territory of the country; and
  • the public service ambit of public broadcasters should be clearly defined and include an obligation to ensure that the public receive adequate, politically balanced information, particularly during election periods.

VII
Regulatory Bodies for Broadcast and Telecommunications

1. Any public authority that exercises powers in the areas of broadcast or telecommunications regulation should be independent and adequately protected against interference, particularly of a political or economic nature.

2. The appointments process for members of a regulatory body should be open and transparent, involve the participation of civil society, and shall not be controlled by any particular political party.

3. Any public authority that exercises powers in the areas of broadcast or telecommunications should be formally accountable to the public through a multi-party body.

VIII
Print Media

1. Any registration system for the print media shall not impose substantive restrictions on the right to freedom of expression.

2. Any print media published by a public authority should be protected adequately against undue political interference.

3. Efforts should be made to increase the scope of circulation of the print media, particularly to rural communities.

4. Media owners and media professionals shall be encouraged to reach agreements to guarantee editorial independence and to prevent commercial considerations from unduly influencing media content.

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