SECTOR 1

1.3
There are no laws restricting freedom of
expression such as excessive official secret or libel
acts, or laws that unreasonably interfere with the
responsibilities of media.
There are several laws restricting freedom of expression in Ethiopia:
•

The Revised Criminal Code of 2004 in its article 613 provides for criminal
defamation, on top of civil liability. In proceedings under this code, hearsay
and anonymous reports from security officers are accepted as evidence. Where
the defamation is against a public official, this will be taken as an aggravating
circumstance and entail a penalty of up to one year imprisonment. While the
burden of proving malice lies with the plaintiff in the case of civil proceedings,
in criminal proceedings it is the defendant who has to show such proof. The
accused have the right to be released on bail while the case is ongoing.

•

The Freedom of the Mass Media and Access to Information Proclamation
of 2008 in its article 41 raised the ceiling for compensation in cases of civil
defamation through the mass media substantially: from what used to be 1000
birr in the repealed press law to 100,000 birr (6080 US$) now.

Article 42 allows for the public prosecutor to issue an order to impound a
periodical or a book where there is
sufficient reason to believe that a periodical or a book which is about to be
disseminated contains illegal matter which would, if disseminated, lead to
a clear and present grave danger to the national security which could not
otherwise be averted through a subsequent imposition of sanctions...
Such measures are subject to review by a court.
•

The Anti Terrorism Proclamation 2009 states in its article 6 – titled
“encouragement of terrorism” – that
whosoever publishes or causes the publication of a statement that is likely
to be understood by some or all of the members of the public to whom it
is published as a direct or indirect encouragement or other inducement to
them to the commission or preparation or instigation or an act of terrorism
stipulated under Article 3 of this proclamation is punishable with rigorous
imprisonment from 10 to 20 years.

The proclamation does not define the term “terrorism” but article 3 lists acts of
terrorism such as causing “a person’s death”, creating “serious risk to the safety
or health of the public”, “committing kidnapping or hostage taking” and the like.

AFRICAN MEDIA BAROMETER ETHIOPIA 2010

13

Select target paragraph3