tions.
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

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.

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.

XIV Economic Measures

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 noncombatants.

1.

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.

108

2.

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

So This is Democracy? 2014

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’s Rights should make every effort to
give practical effect to these principles.

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