only be restricted for the reasons mentioned under Principles I(1) and II
of the Declaration. That is, if the restrictions serve a legitimate interest and
necessary in a democratic society.106
249.
Freedom of expression can also been limited by the clawback clause under
Article 9(2) in the context of the phrase „within the law.‟ In Malawi
African
Association
and
Others
v.
Mauritania,107
the
African
AC
HP
R
Commission stated that “the expression „within the law‟ must be
interpreted in reference to international norms‟ which, among others, can
also provide grounds of limitation on freedom of expression.”108
250.
The African Commission also notes that the right to freedom of expression
also carries with it the right to impart information to others, meaning that
when an individual‟s freedom of expression is unlawfully restricted, it is
not only the right of that individual that is being violated, but also the
right of all others to “receive” information and ideas.
251.
The Inter-American Court upon referral from the Inter-American
Commission
confirmed
and
expanded
on
the
Inter-American
Commission‟s ruling in the case of Claude Reyes et al v Chile109 holding
that, Article 13 of the American Convention, which specifically establishes
the rights to „seek‟ and „receive‟ information, protects the right of all
persons to receive information held by the State. It further asserted that,
106
107
108
109
n 76 above, para. 187.
Communication 54/91-61/91-96/93-98/93-164/97_196/97-210/98- Malawi African Association
and Others v. Mauritania (2000) ACHPR. .para 106.
Ibid. para. 102.
Claude Reyes et al v Chile (2003), IACHR.
74
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