What, according to the Banjul declaration 2002 on freedom of expression in Africa are the

principles that guide media regulation and government in Africa.

The Banjul Declaration marked a critical step towards the development of a better media
landscape for the entire continent of Africa. The declaration touches on various aspects that are
media-centered and democracy-oriented including freedom of expression, diversity, freedom of
information, protection of sources of information amongst other important aspects (ACHPR,
2002). The declaration makes important contributions in providing yardsticks on how the media
should be regulated and how governments should balance between media freedom and issues of
public order and national security (ACHPR, 2002). These aspects shall be clearly evaluated in
this discussion.

The Banjul declaration presented the right to freedom of expression as a fundamental principle
that should be respected across societies and governments (ACHPR, 2002). Any media
regulation should therefore be done with respect of the right to freedom of expression. Laws that
infringe freedom of expression are not in line with this declaration. Freedom of expression and
information also involves “the right to seek, receive and impart information and ideas” verbally,
through writing, through art and other forms. This principles also suggests that this freedom shall
be enjoyed regardless of frontiers (ACHPR, 2002). Freedom of expression remains a
fundamental right for democratic realization. Thus governance should respect this principle as a
basic human right. The declaration also suggests that regulatory frameworks should ensure that
freedom of expression is enjoyed without any discrimination based on gender, race, religion,
political orientation amongst other factors (ACHPR, 2002). The Banjul declaration therefore
stipulates that any interference with freedom of expression should be provided by law to serve a
legitimate purpose necessary for the realization of democracy.

The Banjul declaration also for regulatory frameworks and media governance that promote
diversity (ACHPR, 2002). Diversity is also central for the enjoyment of freedom of expression.
The authorities have an obligation to ensure that diversity thrives in the media landscape.
Diversity implies a wide range of ideas and information for the publics. It is a principal that
seeks to avoid bias and ensure that citizens are exposed to different perspectives, point of view
and opinions on social political and economic processes in society (ACHPR, 2002). This
principle calls for governments to ensure that legal frameworks about the media promote content
diversity not only for dominant groups in society but for the marginalized, minority, women,
children, immigrants, refugees and other vulnerable groups. Diversity also implies that
authorities should ensure that there is use of local language in the media and other institutions of
government.

Another important aspect raised by the Banjul Declaration is freedom of information. It should
be understood that “public bodies hold information not for themselves but as custodians of the
public good.” (ACHPR, 2002). Given this statement, everyone should therefore enjoy the right to
information. Governments must therefore ensure that legal frameworks available guarantee the
right to information held by public bodies as well as private bodies. Refusal to disclose
information by any public body should be approved by an independent body of by a court of law.
Media regulation should also consider that everyone has a right to access, update and correct
personal information held by public and private bodies.

The Banjul Declaration also makes a critical step towards democracy by noting that media
regulation and government should ensure that there is private broadcasting (ACHPR, 2002).
Monopolistic media institutions are not synonymous with the tenets of democracy. Governments
have an obligation to promote private broadcasting and community broadcasting with regard to
principles of equality in frequency allocation, unbiased issuance of licenses, just and transparent
licensing procedures that are determined to promote diversity and pluralism which are also
fundamentals of democracy. Authorities also have an obligation to support community
broadcasting since it usually has the capacity to reach out to the poor and the marginalized.

The declaration also provides benchmarks on how public broadcasting services should be
conducted across African countries (ACHPR, 2002). State broadcasters are supposed to be
transformed into public broadcasters which respect principles of transparency and accountability
to the public. Public broadcasters should also be regulated by independent bodies to avoid
interference particularly from political figures and institutions determined to abuse the media for
political mileage. Governments should also ensure that public broadcasters are adequately
funded. The principle of universality is also emphasized by the Banjul declaration on public
broadcasting. The declaration calls for governments to ensure that public broadcasting covers the
whole nation without leaving other groups out. All groups across society are entitled to
information hence it is the obligation of public broadcasters that they disseminate relevant and
balanced political, economic, social and cultural content.

The declaration also suggests that regulatory bodies for broadcast and telecommunications are
supposed to enjoy a high degree of autonomy or independence especially form political
interference. Governments should ensure that the appointment of members of such bodies is
done in a just and transparent manner without any political interference. No political party is
supposed to preside over the appointment of members of such regulatory bodies. Civil society
should also play a central role in choosing the members of regulatory bodies.

The principles that guide print media regulation and governance are also articulated in the Banjul
Declaration (Magnon-Pujo, 2018). The registration of print media institutions is not supposed to
be a process that restricts media freedom and freedom of expression. Print media institutions are
also supposed to be protected from political interference. The circulation of newspapers should
be increased to reach the marginalized and the vulnerable in society. In addition, editorial
independence is a value that authorities regulating and controlling print media institutions should
uphold. Media practitioners should also take measures to ensure that commercial imperative do
not influence media content.

The public complaints system for print and broadcasting media should be guided by established
laws and codes of conduct made by all stakeholders in the media landscape (Magnon-Pujo,
2018). The system is also supposed to be accessible to everyone including those marginalized
and vulnerable groups in society. Media councils and any other regulatory bodies responsible for
hear complaints are supposed to be independent from political interference. The powers of such
regulatory bodies are supposed to be administrative in nature. On the same issue, the Banjul
declaration recommends that self-regulation is the best form of media regulation that ensure
good standards in the media.

The Banjul Declaration emphasizes the principle of protection of journalists and other media
practitioners when exercising their right to freedom of expression (Magnon-Pujo, 2018).
Harassment and attacks of media practitioners undermines media freedom. The declaration states
that government has an obligation to implement measures against attacks of media practitioners.
Perpetrators of violence against media practitioners are supposed to face the full wrath of the
law. During times of conflicts and wars, governments should ensure the protection of media
practitioners. Governments should also ensure that laws pertaining to defamation are in respect
of principles of transparency and accountability.

There is also need to ensure that restrictions on access to information and content dissemination
should not compromise principles of freedom of expression and democracy. (Magnon-Pujo,
2018). Laws pertaining to public order and national security should not compromise freedom of
expression and access to information. Governments are also obliged to promote economic
environments where media institutions can thrive. States are also supposed to take measures
against concentration of ownership, which usually has an influence on media content. Other
areas focus include governments ensuring that journalists are not forced to reveal their sources of
information.

In conclusion it is clear that the Banjul declaration marked a critical step towards vibrant African
media institutions that contribute effectively to democratic processes. It remains the onus of
governments and authorities to take action and ensure that such principles are implemented.
When implemented, the Banjul Declaration will have interesting results across the continent. It
therefore needs committed officials and governments to ensure that there is freedom of
expression, the right to information, diversity, and protection of media practitioners amongst
other values.
References.

The African Commission on Human and Peoples’ Rights, meeting at its 32nd Ordinary Session,
in Banjul, The Gambia, from 17th to 23rd October 2002

Declaration of principles on freedom of expression in Africa, African Commission on Human

and People’s Rights the Banjul Declaration – 2002.

Magnon-Pujo, C. (2018). Implementing Freedom of Expression. A Checklist for the

Implementation of the Declaration of Principles on Freedom of Expression in Africa. London:
Creative Commons.

ACHPR, 2002