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 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. 2. 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. 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 106 So This is Democracy? 2014 • 3. 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. 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