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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

IX
Complaints

1. A public complaints system for print or broadcasting should be available in accordance with the following principles:

• complaints shall be determined in accordance with established rules and codes of conduct agreed between all stakeholders; and
• the complaints system shall be widely accessible.

2. Any regulatory body established to hear complaints about media content, including media councils, shall be protected against political, economic or any other undue interference. Its powers shall be administrative in nature and it shall not seek to usurp the role of the courts.

3. Effective self-regulation is the best system for promoting high standards in the media.

X
Promoting Professionalism

1. Media practitioners shall be free to organise themselves into unions and associations.

2. The right to express oneself through the media by practising journalism shall not be subject to undue legal restrictions.

XI
Attacks on Media Practitioners

1. Attacks such as the murder, kidnapping, intimidation of and threats to media practitioners and others exercising their right to freedom of expression, as well as the material destruction of communications facilities, undermines independent journalism, freedom of expression and the free flow of information to the public.

2. States are under an obligation to take effective measures to prevent such attacks and, when they do occur, to investigate them, to punish perpetrators and to ensure that victims have access to effective remedies.

3. In times of conflict, States shall respect the status of media practitioners as non-combatants.

XII
Protecting Reputations

1. States should ensure that their laws relating to defamation conform to the following standards:

• no one shall be found liable for true statements, opinions or statements regarding public figures which it was reasonable to make in the circumstances;
• public figures shall be required to tolerate a greater degree of criticism; and
• sanctions shall never be so severe as to inhibit the right to freedom of expression, including by others.

2. Privacy laws shall not inhibit the dissemination of information of public interest.

XIII
Criminal Measures

1. States shall review all criminal restrictions on content to ensure that they serve a legitimate interest in a democratic society.

2. Freedom of expression should not be restricted on public order or national security grounds unless there is a real risk of harm to a legitimate interest and there is a close causal link between the risk of harm and the expression.

XIV
Economic Measures

1. States shall promote a general economic environment in which the media can flourish.

2. States shall not use their power over the placement of public advertising as a means to interfere with media content.

3. States should adopt effective measures to avoid undue concentration of media ownership, although such measures shall not be so stringent that they inhibit the development of the media sector as a whole.

XV
Protection of Sources and other journalistic material

Media practitioners shall not be required to reveal confidential sources of information or to disclose other material held for journalistic purposes except in accordance with the following principles:

• the identity of the source is necessary for the investigation or prosecution of a serious crime, or the defence of a person accused of a criminal offence;
• the information or similar information leading to the same result cannot be obtained elsewhere;
• the public interest in disclosure outweighs the harm to freedom of expression; and
• disclosure has been ordered by a court, after a full hearing.

XVI
Implementation

States Parties to the African Charter on Human and Peoples’ Rights should make every effort to give practical effect to these principles.

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