Manual on Freedom of Expression Law for South Sudan
Albany Associates, USAID (2016), 154 pp.
"The manual focuses on describing international norms and principles on the right to freedom of expression by means of international, regional and comparative standards and jurisprudence, which can be used to bolster arguments in both national and international proceedings, complemented by a discussion of the laws of South Sudan that concern freedom of expression and freedom of the media. The manual begins by setting out the foundations of the right to freedom of expression and the grounds on which the right can be legitimately curtailed. After addressing the thematic issues of (i) defamation, (ii) national security and terrorism, (iii) hate speech and incitement to violence, (iv) protection of sources and (v) protecting the physical safety of journalists, the manual discusses how these international and comparative law standards could be used in domestic proceedings. Finally, it sets out how the three regional human rights bodies in East Africa can be seized: the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights and the East African Court of Justice. It is expected that those using the manual or participating in any workshops based on it will be primarily lawyers. Throughout the manual, important cases are cited and relevant quotes are reproduced in full. The text is extensively referenced, so any sources that are of interest for further reading or use in litigation can be accessed. The manual also contains exercises for self-reflection or for use in a training setting." (Introduction, page 1)
1 Introduction, 1
2 Freedom of expression: underlying principles and sources, 2
3 Defamation, 22
4 National security, 53
5 Hate speech and incitement, 68
6 Protection of sources, 81
7 Physical safety of journalists, 92
8 How can international human rights law and comparative case law be applied in national courts? 101
9 Taking a press freedom case to the African Commission on Human and Peoples’ Rights, African Court on Human and Peoples’ Rights or East African Court of Justice, 106
2 Freedom of expression: underlying principles and sources, 2
3 Defamation, 22
4 National security, 53
5 Hate speech and incitement, 68
6 Protection of sources, 81
7 Physical safety of journalists, 92
8 How can international human rights law and comparative case law be applied in national courts? 101
9 Taking a press freedom case to the African Commission on Human and Peoples’ Rights, African Court on Human and Peoples’ Rights or East African Court of Justice, 106