108. The individual's right to freedom of expression thus carries with it the right to impart
information to others. The right to freedom of expression within the context of the African
Charter must also be read together with the duties of the individual under Article 27. Hence when
an individual's freedom of expression is unlawfully restricted, it is not only the right of that
individual that is being violated, but also the right of all others to "receive" information and ideas.
When the Charter proclaims that every individual has the right to receive information and
disseminate opinions, it also implicitly emphasizes the fact that the expression, reception and
dissemination of ideas and information are indivisible concepts. This means that restrictions that
are imposed on dissemination represent, in equal measure, a direct limitation on the right to
express oneself freely. The Commission is thus of the opinion that the two dimensions of the right
to freedom of expression must be guaranteed simultaneously.
109. In the present Communication, the Respondent State cites the protection of public order,
security and public safety as reasons to ensure the regulation of the profession of journalism. It
argues further that the practice of journalism does not place it beyond statutory regulation and any
such law has however to conform to the stringent requirements of limitations provided for by the
Constitution. The Commission finds that the notion of public order in a State implies conditions
that ensure the normal and harmonious functioning of institutions on the basis of an agreed
system of values and principles. The Commission notes however that maintenance of public order
in the exercise of the freedom of expression is perfectly conceivable without the necessity of
restricting the practice of journalists.
110. Further, the same concept of public order in a democratic society demands the greatest
possible amount of information. It is the widest possible circulation of news, ideas and opinions
as well as the widest access to information by society as a whole that ensures this public order.
111. In the instant Communication, the restrictions imposed on the practice of individual
journalists can thus not be justified on the grounds of public order.
112. With regards to the Respondent's assertion that the restrictions imposed by the AIPPA are
within the domestic law of Zimbabwe, in conformity with Section 20 (2) of the Constitution of
the Respondent State, the Commission notes that, the meaning of the phrase "within the law" in
Article 9 (2) must be interpreted in the context of Principle II as elaborated under the Declaration
of Principles on Freedom of Expression stated hereinabove. In other words, the meaning of the
phrase "within the law," must be considered in terms of whether the restrictions meet the
legitimate interests, and are necessary in a democratic society. In addition, the concept of "within
the law" employed in the Charter cannot be divorced from the general concept of the protection
of human rights and freedoms.
113. In Dawda Jawara v. The Gambia[FN14], the African Commission elaborated the meaning of
such phrases such as; ‘in accordance with the law', or ‘previously laid down by law' or ‘within the
law'. In that Communications, the Republic of The Gambia defended arbitrary arrests and
detention and stated that it was acting within the confines of legislation ‘previously laid down by
law', as required by the wordings of Article 6 of the Charter.
-------------------------------------------------------------------------------[FN14] Communications 147/95 and 149/96.
-------------------------------------------------------------------------------114. The Commission rejected the arguments by The Gambia and restated its decision in