71 SOUTHERN AFRICA PRESS FREEDOM REPORT 2019-2020 as individual human rights, as cornerstones of democracy and as means of ensuring respect for other human rights; Recalling that freedom of expression and access to information are fundamental human rights guaranteed by Article 9 of the African Charter, and that those rights are also affirmed in the African Charter on the Rights and Welfare of the Child, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa, the African Union Convention on Preventing and Combating Corruption, the African Charter on Statistics, the African Youth Charter, the African Charter on Democracy, Elections and Governance, the African Charter on Values and Principles of Public Service and Administration, and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; Noting the adoption by the African Commission of relevant soft law standards, such as the Model Law on Access to Information for Africa of 2013 and the Guidelines on Access to Information and Elections in Africa of 2017; Noting further the adoption of the African Union Convention on Cyber Security and Personal Data Protection; Recognising that the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, as well as other international instruments and national constitutions, also guarantee the rights to freedom of expression and access to information; Conscious that freedom of expression and access to information are cross-cutting rights that are important for the realization of all other human rights, including socio-economic rights, and of the potential of both rights to contribute to the socio-economic transformation of the continent; Recognising the need to protect and promote the right to freedom of expression and access to information of marginalised groups and groups that face multiple discrimination, including women, children, persons with disabilities, older persons, sexual and gender minorities, refugees and internally displaced persons; Desiring to promote the free flow of information and ideas and greater respect for the rights to freedom of expression and access to information; Noting that local languages are critical in optimizing the realization of access to information by communities and for the effective realization of freedom of expression; Considering the key role of the media and other means of communication in ensuring full respect for the right to freedom of expression, promoting the free flow of information and ideas, assisting individuals in making informed decisions and facilitating and strengthening democracy; Aware of the particular importance of broadcast media in Africa, given its capacity to reach a wide audience due to the comparatively low cost of receiving transmissions and its ability to overcome barriers of illiteracy; Recognising the role of new digital technologies in the realization of the rights to freedom of expression and access to information and the role of open government data in fostering transparency, efficiency and innovation; Affirming that the same rights that people have offline should be protected online and in accordance with international human rights law and standards; Acknowledging that the exercise of the rights to freedom of expression and access to information using the internet are central to the enjoyment of other rights and essential to bridging the digital divide; Conscious that freedom of expression and privacy are mutually reinforcing rights that are essential for human dignity and the overall promotion and protection of human and peoples’ rights; The African Commission adopts the Declaration of Principles on Freedom of Expression and Access to Information in Africa to replace the Declaration on Principles of Freedom of Expression in Africa of 2002. PART I: GENERAL PRINCIPLES Principle 1. Importance of the rights to freedom of expression and access to information 1. Freedom of expression and access to information are fundamental rights protected under the African Charter and other international human rights laws and standards. The respect, protection and fulfilment of these rights is crucial and indispensable for the free development of the human person, the creation and nurturing