Freedom of expression Flashcards
what is expression
legal basis and limitation (domestic and treaty law)
(Sect. 25 (1), Constitution of Sierra Leone, 1991,
EXCEPTIONS/ LIMITATIONS: Sec. 25 (2), Const. of Sierra Leone, 1991)
(See Art. 19, UNDHR 1948: Art. 9 (1), ACHPR 1981: See Art. 19 (1)(2), ICCPR 1966. LIMITATIONS Article 19 (3) ICCPR, 1966): Art. 9 (2), ACHPR 1981)
link to other rights
Assembly & Association -
Freedom of the Press,
Privacy & Correspondence,
Democratic (political) rights.
importance in democratic society
positive and negative obligations
Negative obligations of the RFoE entails:
Refraining from interference by the government respect,
Free press, freedom of assembly/
Positive obligations of the Right to Freedom of Expression - more difficult?
Protect from interference by third parties (=protect)
Public/State-owned media v. privately owned media
Making freedom of expression possible (=fulfill)
Licenses, legal protections…
vertical and horizontal effect
Vertical and horizontal effect
Vertical = individual v. state/government)
Horizontal = clash of rights (“rights and reputations of others”)
Here, the Government is still involved (laws, prosecution, courts…)