Commission is inclined to accept the argument that compulsory licensing or accreditation
amounts to a restriction of the freedom to practice the journalist profession where it aims to
control rather than regulate the profession of journalism. Regulation is acceptable where it aims at
the identification of journalists, the maintenance of ethical standards, competence, and the
betterment of the welfare of journalists. In other words the aim of registration should be for
purposes of betterment of the profession rather than its control, since control by its nature
infringes the right to express oneself. Article 60 and 61 of the African Charter enjoin the
Commission to seek inspiration from other international human rights instruments, precedent and
doctrine.
98. The Inter American Court found that compulsory licensing aimed at controlling journalists
was a violation of Article 13 of the American Convention. By applying the same logic, and
analogy to the conditions stipulated for compulsory accreditation under AIPPA, without which,
one could not practice journalism, the African Commission finds that section 79 of AIPPA
constitutes a violation of Article 9 under the African Charter..
99. Section 80 of AIPPA makes it clear that;
‘(1) No person other than an accredited journalist shall practice as a journalist nor be employed as
such or in any manner hold himself out as a journalist.
No person who has ceased to be an accredited journalist as a result of the deletion of his name
from the roll, or who has been suspended from practising as a journalist, shall, while his name is
so deleted, or is so suspended, continue to practice directly or indirectly as a journalist, whether
by himself or in partnership or association with any other person, nor shall he, except with the
written consent of the Commission, be employed in any capacity whatsoever connected with the
journalistic profession.
100. The Respondent State argued that the restrictions could be imposed in the interest of public
order. It also stated that the limitations are permissible and that the exercise of the right is not
absolute. The African Commission having looked at Section 79 of AIPPA, holds that the
provision does not mention if the said conditions were made in the interest of public order. In fact
the reading of Article 9(2) suggests that the phrase "within the law" applies to the actual
dissemination and expression of opinion and ideas, rather than pre accreditation conditions. In our
view, any conditions prescribed for the accreditation of journalists should be aimed at facilitating,
rather than impeding the exercise of the right. In the John D. Ouko/Kenya,[FN13] the African
Commission commenting on Article 9 stated the following;
"[t]he above provision guarantees to every individual the right to free expression, within the
confines of the law. Implicit in this is that if such opinion is contrary to laid down laws, the
affected individual or government has the right to seek redress in a court of law. Herein lies the
essence of the law of defamation........."
-------------------------------------------------------------------------------[FN13] Communication 232/99, 14th Activity Report, also reported in the IHRDA Compilation
of Decisions of Communications of the ACHPR, extracted from the Commission's Activity
Reports 1994-2001, at page 149.
-------------------------------------------------------------------------------101. The Complainants argue that, the accreditation conditions are onerous, and aimed at