49.On prescription by law, the African Commission has noted that not only must the limitation of freedom of expression be prescribed or provided by law, but the state must also ensure that the law "(a) is clear, precise, accessible and foreseeable; (b) is overseen by an .independent body in a manner that is not arbitrary or discriminatory; and ( c) effectively safeguards against abuse including through the provision of a right of appeal to independent and impartial courts." (Principle 9(2), Declaration of Principles on Freedom of Expression and Access to Information in Africa 2019). 50.On legitimate purpose, the African Court held in Konate v Burkina Faso (merits) (2014) 1 AfCLR 314, that the legitimate purposes for which freedom of expression may be limited are protection of the rights and reputation of others, national security, public order, public health, or public morality (paras 134 & 135). See also Principle 9(3) of the Declaration of Principles on Freedom of Expression and Access to Information in Africa 2019 which states that a limitation serves a legitimate purpose "where the objective of the limitation is: (a) to preserve respect for the rights or reputations of others; or (b) to protect national security, public order or public health." 51. And finally for the limitation or restriction to be necessary and proportionate in a democratic society, it should be relevant to the legitimate purpose the state w ishes to protect, be the least restrictive means of achieving that purpose, and the benefit of imposing the limitation should outweigh its harms. (See Konate v Burkina 22

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