77 SOUTHERN AFRICA PRESS FREEDOM REPORT 2019-2020 security and defence of the State; e. cause substantial prejudice to international relations where the information relates to information required to be held in confidence under international law, the position of the State with respect to international negotiations, and diplomatic or official correspondence with States or international organisations and diplomatic or consular missions; f. cause prejudice to law enforcement, in particular, the prevention and detection of crime, apprehension or prosecution of offenders and the administration of justice; g. result in the disclosure of confidential communication between medical practitioner and patient, lawyer and client, journalist and sources, or is otherwise privileged from disclosure in legal proceedings; or h. jeopardise the integrity of a professional examination or recruitment process. Principle 34. Oversight mechanism 1. An independent and impartial oversight mechanism shall be established by law to monitor, promote and protect the right of access to information and resolve disputes on access to information. 2. The independence of the oversight mechanism shall be guaranteed in law which shall stipulate a transparent and participatory appointment process, a clear and specific term of office, adequate remuneration and resourcing, and ultimate accountability to the legislature. 3. Public bodies and relevant private bodies shall recognise decisions of the oversight mechanism as formally and legally binding in all matters relating to access to information, including resolving access to information disputes. Principle 35. Protected disclosures in the public interest 1. No person shall be subject to civil, criminal, administrative or employment-related or other sanctions or harm, for releasing information on wrongdoing or which discloses a serious threat to health, safety or the environment, or whose disclosure is in the public interest, in the honest belief that such information is substantially true. 2. States shall adopt laws to establish protected disclosure regimes and independent institutions to oversee the protected disclosure of information in the public interest. Principle 36. Sanctions 1. The failure of an information holder to proactively disclose information or to grant a request for information shall be established as offences punishable by law. 2. The wilful destruction, damage, alteration, concealment or falsification of information and the obstruction or interference with the performance of the duties of an information holder or of an oversight mechanism, shall be established as offences punishable by law. PART IV: FREEDOM OF EXPRESSION AND ACCESS TO INFORMATION ON THE INTERNET Principle 37. Access to the internet 1. States shall facilitate the rights to freedom of expression and access to information online and the means necessary to exercise these rights. 2. States shall recognise that universal, equitable, affordable and meaningful access to the internet is necessary for the realisation of freedom of expression, access to information and the exercise of other human rights. 3. States shall, in cooperation with all relevant stakeholders, adopt laws, policies and other measures to provide universal, equitable, affordable and meaningful access to the internet without discrimination, including by: a. developing independent and transparent regulatory mechanisms for effective oversight; b. improving information and communication technology and internet infrastructure for universal coverage; c. establishing mechanisms for regulating market competition to support lower pricing and encourage diversity; d. promoting local access initiatives such as community networks for enabling the increased connection of marginalised, unserved or underserved communities; and e. facilitating digital literacy skills for inclusive and autonomous use. 4. In providing access to the internet, States shall take specific measures to ensure that marginalised groups have effective exercise of their rights online. 5. States shall adopt laws, policies and other measures to promote affordable access to the internet for children that equips them with digital literacy skills for online education and safety, protects them from online harm and safeguards their privacy and identity. Principle 38. Non-interference 1. States shall not interfere with the right of individuals to seek, receive and impart information through any means of communication and digital technologies, through measures such as the removal, blocking or filtering of content, unless such interference is justifiable