The freedom of the press as part of the Human Right to freedom of

Expression and Information is guaranteed in very different ways and with very

different wordings in the human rights instruments of the regions we looked at.

The guarantee in Article 10 of the European Convention on Human Rights of

of 1950 is the oldest one.

It was followed by Article 13

of the American Convention on Human Rights,

also known as the Pact of San Jose,

which was adopted in 1969.

Article 9 of the African Banjo Charter

on Human and People's Rights was adopted in 1981

and is therefore the youngest

of the provisions we dealt with.

When analyzing the wording of the different provisions guaranteeing press freedom,

we first noticed the significant difference in length of the human rights.

Article 9 of the Banjul Charter is characterized by its brevity.

It reads, I quote,

Para 1, every individual shall have the right to receive information.

Para 2, every individual shall have the right to express and disseminate his opinions within

the law.

This double nature of the freedom of expression, including the right to express and to disseminate

opinions on the one hand and to receive information on the other hand, is also laid down in the

European Convention on Human Rights and in the Pact of San Jose.

The core difference between the African freedom of expression compared to the European and

the Inter-American freedom are the details concretizing the requirements for the justification

of state interferences in press freedom.

As you can see, Article 9 of the Banjo Tata does not explicitly limit the state's right

to interfere with freedom of expression.

In Para 2, it only lays down that the individual's right to express and disseminate opinions

is limited by law.

By contrast, Article 10 of the European Convention on Human Rights distinguishes between details

of the freedom guaranteed as laid down in Para 1 and justification requirements for state

interferences as laid down in Para 2.

The provision thereby reflects the systematic approach the Convention also adopts regarding

other rights, such as the right to respect for private and family life in Article 8 or

the freedom of assembly and association in Article 11.

The European right to freedom of expression reads as follows.

Para 1.

Everyone has the right to freedom of expression.

This right shall include freedom to hold opinions and to receive and impart information and

ideas without interference by public authority and regardless of frontiers.

This article shall not prevent states from requiring the licensing of broadcasting, television

or cinema enterprises.

Para 2.

The exercise of these freedoms, since it carries with it duties and responsibilities, may be

subject to such formalities, conditions, restrictions or penalties as are prescribed by law and

are necessary in a democratic society in the interests of national security, territorial

integrity or public safety, for the prevention of disorder or crime, for the protection of

health or morals, for the protection of the reputation or rights of others, for preventing

the disclosure of information received in confidence or for maintaining the authority