requirement of a professional identification card does not mean that the right to freedom of
thought and expression is being denied, nor restricted, nor limited, but only that its practice is
regulated. Compulsory licensing, the Court held, ‘seeks the control, inspection and oversight of
the profession of journalists in order to guarantee ethics, competence and the social betterment of
journalists…'. The accreditation of journalists may thus be beneficial to the profession, provided
though it is done in a manner that does not infringe on the effective enjoyment of the rights of
journalists to freely express themselves or receive and disseminate information.
95. Distinguishing the compulsory registration of persons of other profession from the
registration of journalists, the Court held that;
‘……..within this context, journalism is the primary and principal manifestation of freedom of
expression of thought. For that reason, because it is linked with freedom of expression, which is
an inherent right of each individual, journalism cannot be equated to a profession that is merely
granting a service to the public through the application of some knowledge or training acquired in
a university or through those who are enrolled in a certain professional…The argument that a law
on the compulsory licensing of journalists does not differ from similar legislation applicable to
other professions does not take into account the basic problem that is presented with respect to the
compatibility between such a law and the Convention. The problem results from the fact that
Article 13 expressly protects freedom " to seek, receive, and impart information and ideas of all
kinds... either orally, in writing, in print....". The profession of journalism - the thing journalists
do - involves, precisely, the seeking, receiving and imparting of information. The practice of
journalism consequently requires a person to engage in activities that define or embrace the
freedom of expression which the [Charter] guarantees'.[FN11]
-------------------------------------------------------------------------------[FN11] Id. Paras 71-73.
-------------------------------------------------------------------------------96. The Court went on to state that;
‘…….this is not true of the practice of law or medicine, for example. Unlike journalism, the
practice of law and medicine -that is to say, the things that lawyers or physicians do - is not an
activity specifically guaranteed by the Convention [Charter].
It is true that the imposition of certain restrictions on the practice of law would be incompatible
with the enjoyment of various rights that the Convention guarantees.…But no one right
guaranteed in the Convention exhaustively embraces or defines the practice of law as does Article
13 when it refers to the exercise of a freedom that encompasses the activity of journalism. The
same is true of medicine'.[FN12]
-------------------------------------------------------------------------------[FN12] Id. Papa 74.
-------------------------------------------------------------------------------97. The African Commission has considered the opinion expressed by the Inter American Court
on Human Rights in the Costa Rican case, and finds a great deal of persuasion in the reasoning
and the approach adopted by the Inter American Court on the question of compulsory licensing of
journalists. The Commission is convinced that the question of compulsory accreditation is the
same as compulsory licensing which was addressed by the Inter American Court. The