Encryption and anonymity online enable the free exercise of the rights to freedom of opinion and expression and, as such, may not be prohibited or obstructed and may only be subject to restriction in strict compliance with the three-part test under human rights law.38 The importance of anonymity was also recognised in the Council of Europe’s Declaration on Freedom of Communication on the Internet: In order to ensure protection against online surveillance and to enhance the free expression of information and ideas (…) States should respect the will of users of the Internet not to disclose their identity.39 Recommendations: Ø Article 49 should be repealed. In particular, news websites should not: • be required to obtain a licence or register to operate; • be required to meet the conditions placed on press publications; • be subject to being blocked at the behest of the Director; • be responsible for third party content they host unless and until they receive an actual and reliable notification to the effect that that content is in breach of the law; or • be required to obtain or record information about third party posters, including their names. Ø The restrictions on the content of comments set out in Article 49(d) should be repealed (although the one about breaching the law is not illegitimate, neither is it necessary since laws already provide for penalties for their breach). 7. Protection of Sources The Press and Publications Law includes two provisions on protection of sources. Article 6(d) provides simply: The press publication and the journalist have the right to keep secret the sources of their information and news. This is supported by Article 8(e), which forbids anyone from coercing journalists to disclose the sources of their information. According to UNESCO’s Assessment of Media Development 38 Adopted 4 May 2015, clause 8(e), note 9. 39 Note 37, Principle 7. Jordan: Analysis of the Press and Publications Law, 1998, as Amended - 25