legislature itself. I am doubtful if the definitions of some important words and expressions are excluded from this category. The other aspect is Offences and Penalties: the making of a particular act into an offence and prescribing punishment for it is an essential legislative function and cannot be delegated. However, if the legislature lays down the standards or principles to be followed by the executive in defining an offence and provides the limits of penalties, such delegation is permissible but only for prescribing punishments. There might be situations where some definitions provide no clarity or guidance, others may be excessively vague or even failure to comply with the requirements of the international law and/or instruments such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), the African Charter on Human and Peoples’ Rights (ACHPR) and the Declaration of Principles on Freedom of Expression in Africa, 2002 . The other circumstances can be lack of right to freedom of expression guaranteed to all people including the freedom to seek, receive or impart information or ideas of any kind through any media of a person’s choice provided that that right does not contravene the constitution and any written law. Having so observed, the question I pose is the following: is section 103 (1) of the Electronic and Postal Communications Act, 2010 a 24