or her freedom of expression,”101 and “Any restrictions on freedom of
expression shall be provided by law, serve a legitimate interest and be
necessary and in a democratic society.”102
246.
The notion of freedom of expression and its link with political
participation was expressed by the African Commission in Amnesty
International and Others v. Sudan, where it stated that freedom of
AC
HP
R
expression is a fundamental human right, essential to an individual
personal development, political consciousness and participation in the
public affairs of a country.103
247.
In view of the fact that political leaders are most often sensitive to
expression of opinions that are related to the political affairs of the State,
the African Commission stated in the Kenneth Good v the Republic of
Botswana that “A higher degree of tolerance is expected when it is a
political speech and an even higher threshold is required when it is
directed towards the government and government officials.”104 The
Declaration also requires public figures “to tolerate a greater degree of
criticism,”105
to promote transparency and accountability as tenets of
good governance.
248.
The African Commission noted in the Kenneth Good v the Republic of
Botswana that freedom of expression is not an absolute right, and can
101
Ibid, Principle II(1).
102
Ibid, Principle II (2).
103
n 4 above. para 54
104
n 76 above. Para. 198
105
Ibid, Principle XII(1).
73
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents