B. Interpretation of the right to freedom of expression including online expression under international and regional human rights law applicable to the Respondent. 7. The Respondent is a party to a number of international and regional human rights instruments which explicitly guarantee the right to freedom of expression including: International: The International Covenant on Civil and Political Rights (ICCPR) (Article 19)1. Freedom of expression is further recognized as customary international law, through its provisions in the Universal Declaration of Human Rights (Article 19), and other instruments.2 Regional: The African Charter on Human and Peoples’ Rights3 (African Charter) (Article 9). Articles 1, 6, 7, 10, and 11 of the Supplementary Act (A/SA.1/6/10) on Freedom of Expression and Right to Information in West Africa (2010); and Article 32 Supplementary Act (A/SA.1/01/10) on Personal Data Protection within the Economic Community of West African States4 recognizes the right to freedom of expression. 8. There are equally many other principles, guidelines and standards on the right to freedom of expression by the African human rights institutions and mechanisms.5 9. Domestically, the right to freedom of expression is recognized and protected under Section 39 of the Nigerian Constitution6. The Constitution provides, among other provisions that “every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinion”7. 10. As a member of the United Nations, the African Union, and the Economic Community of West African States, the interpretation of relevant law and standards, as well as the findings of bodies and experts under the procedures and mechanisms established within International Covenant on Civil and Political Rights, GA Res 2200A (XXI), 21 U.N. GAOR Supp. (No. 16), at 52, UN Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976, Art. 9(1) [hereinafter ICCPR].Adopted in 1966 and came into force in 1976.Available at : https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx 2 A key instrument is the Joint Declaration on Freedom of Expression and the Internet United Nations (UN) Special Rapporteur on Freedom of Opinion and Expression, Organization for Security and Co-operation in Europe (OSCE) Representative on Freedom of the Media, Organization of American States (OAS) Special Rapporteur on Freedom of Expression and African Commission on Human and Peoples’ Rights (ACHPR) Special Rapporteur on Freedom of Expression and Access to Information (hereinafter Joint Declaration) adopted on June 1, 2011. Available at: http://www.oas.org/en/iachr/expression/showarticle.asp?artID=849&lID=1 3 African Charter on Human and Peoples' Rights, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), Adopted 27 June 1981 entered into force 21 October 1986 [hereinafter ACHPR]. Available at: https://www.achpr.org/legalinstruments/detail?id=49 4 Enacted by the ECOWAS Parliament in 2010. Available at: http://www.tit.comm.ecowas.int/wpcontent/uploads/2015/11/SIGNED-Data-Protection-Act.pdf 5 Declaration of Principles on Freedom of Expression and Access to Information in Africa adopted by the African Commission on Human and Peoples’ Rights (hereinafter African Commission) at its 65th Ordinary Session in 2019 (hereinafter Declaration of Principles on Freedom of Expression in Africa). Available at: https://www.achpr.org/legalinstruments/detail?id=69 6 Constitution of the Federal Republic of Nigeria 1999 (hereinafter Nigerian Constitution). Available at: http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm 7 Id, Section 39(2) 1 3