70 ANNEXURE DECLARATION OF PRINCIPLES ON FREEDOM OF EXPRESSION AND ACCESS TO INFORMATION IN AFRICA Adopted by the African Commission on Human and Peoples’ Rights at its 65th Ordinary Session held from 21 October to 10 November 2019 in Banjul, The Gambia Arrangement of Principles Part I: General Principles Principle 1. Importance of the rights to freedom of expression and access to information Principle 2. Non-interference with freedom of opinion Principle 3. Non-discrimination Principle 4. Most favourable provision to prevail Principle 5. Protection of the rights to freedom of expression and access to information online Principle 6. Protection of human rights defenders and others Principle 7. Specific measures Principle 8. Evolving capacities of children Principle 9. Justifiable limitations Part II: Right to Freedom of Expression Principle 10. Guarantee of freedom of expression Principle 11. Media diversity and pluralism Principle 12. Media independence Principle 13. Public service media Principle 14. Private media Principle 15. Community media Principle 16. Self-regulation and co-regulation Principle 17. Regulatory bodies for broadcast, telecommunications and the internet Principle 18. Complaints Principle 19. Protection of journalists and other media practitioners Principle 20. Safety of journalists and other media practitioners Principle 21. Protecting reputations Principle 22 Criminal measures Principle 23. Prohibited speech Principle 24. Economic measures Principle 25. Protection of sources and other journalistic material Part III: Right of Access to Information Principle 26. The right of access to information Principle 27. Primacy Principle 28. Maximum disclosure Principle 29. Proactive disclosure Principle 30. Duty to create, keep, organize and maintain information Principle 31. Procedure for accessing information Principle 32. Appeals Principle 33. Exemptions Principle 34. Oversight mechanism Principle 35. Protected disclosures in the public interest Principle 36. Sanctions Part IV: Freedom of Expression and Access to Information on the Internet Principle 37. Access to the internet Principle 38. Non-interference Principle 39. Internet intermediaries and access providers Principle 40. Privacy and the protection of personal information Principle 41 Privacy and communication surveillance Principle 42 Legal framework for the protection of personal information Part V: Implementation Principle 43. Implementation PREAMBLE The African Commission on Human Peoples’ Rights (African Commission): and Affirming its mandate to promote human and peoples’ rights in accordance with Article 45 of the African Charter on Human and Peoples’ Rights (the African Charter); Recalling Resolution 222 (ACHPR/Res.222 (LI) 2012) calling on the African Commission to modify the Declaration of Principles on Freedom of Expression in Africa of 2002 (the Declaration) to include access to information, Resolution 350 (ACHPR/Res.350 (EXT.OS/ XX) 2016) mandating the African Commission to revise the Declaration and Resolution 362 (ACHPR/Res.362 (LIX) 2016) requesting the Special Rapporteur on Freedom of Expression and Access to Information in Africa to take note of developments in the internet age during the revision of the Declaration; Recognising the need to revise the Declaration to consolidate developments on freedom of expression and access to information, including by taking account of African Union treaties and soft law standards, the emerging jurisprudence of judicial and quasi-judicial organs of the African Union, as well as the need for the elaboration of the digital dimensions of both rights; Reaffirming the fundamental importance of freedom of expression and access to information