Uwazi

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of democratic societies and for enabling the
exercise of other rights.
2.
States Parties to the African Charter
(States) shall create an enabling environment
for the exercise of freedom of expression and
access to information, including by ensuring
protection against acts or omissions of non-State
actors that curtail the enjoyment of freedom of
expression and access to information.
Principle
2.
Non-interference
freedom of opinion

with

Freedom of opinion, including the right to form
and change all forms of opinion at any time
and for whatever reason, is a fundamental and
inalienable human right indispensable for the
exercise of freedom of expression. States shall
not interfere with anyone’s freedom of opinion.
Principle 3. Non-discrimination
Everyone shall have the rights to exercise
freedom of expression and access to information
without distinction of any kind, on one or more
grounds, including race, ethnic group, colour,
sex, language, religion, political or any other
opinion, political association, national and social
origin, birth, age, class, level of education,
occupation, disability, sexual orientation, gender
identity or any other status.
Principle 4. Most favourable provision to
prevail
Where a conflict arises between any domestic
and international human rights law, the most
favourable provision for the full exercise of the
rights to freedom of expression or access to
information shall prevail.
Principle 5. Protection of the rights to
freedom of expression and access to
information online
The exercise of the rights to freedom of
expression and access to information shall be
protected from interference both online and
offline, and States shall interpret and implement
the protection of these rights in this Declaration
and other relevant international standards
accordingly.
Principle 6. Protection of human rights
defenders and others
The protections accorded to journalists and
other media practitioners in this Declaration
shall apply, as necessary, to every human rights
defender and any other individual or group
exercising their rights to freedom of expression
and access to information through any medium.

Principle 7. Specific measures
States shall take specific measures to address
the needs of marginalised groups in a manner
that guarantees the full enjoyment of their
rights to freedom of expression and access
to information on an equal basis with others.
Marginalised groups include women, children,
persons with disabilities, older persons,
refugees, internally displaced persons, other
migrants, ethnic, religious, sexual or gender
minorities.
Principle 8. Evolving capacities of children
States shall recognise and respect the evolving
capacities of children, and shall take measures
that enable children, including adolescents, to
exercise the rights to freedom of expression
and access to information. In all such actions,
the best interest of the child shall be a primary
consideration.
Principle 9. Justifiable limitations
1.
States may only limit the exercise of the
rights to freedom of expression and access to
information, if the limitation:
a.
is prescribed by law;
b.
serves a legitimate aim; and
c.
is a necessary and proportionate means
to achieve the stated aim in a democratic
society.
2.
States shall ensure that any law limiting
the rights to freedom of expression and access
to information:
a.
is
clear,
precise,
accessible
and
foreseeable;
b.
is overseen by an independent body in a
manner that is not arbitrary or discriminatory;
and
c.
effectively safeguards against abuse
including through the provision of a right of
appeal to independent and impartial courts.
3.
A limitation shall serve a legitimate aim
where the objective of the limitation is:
a.
to preserve respect for the rights or
reputations of others; or
b.
to protect national security, public order
or public health.
4.
To be necessary and proportionate, the
limitation shall:
a.
originate from a pressing and substantial
need that is relevant and sufficient;
b.
have a direct and immediate connection
to the expression and disclosure of information,
and be the least restrictive means of achieving
the stated aim; and
c.
be such that the benefit of protecting
the stated interest outweighs the harm to