Freedom of Expression and Prior Restraining factors in Ethiopia: Focus on Printing Media.
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Date
2017-06
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Addis Ababa University
Abstract
Since the adoption of UDHR, recognizing FOE as one of fundamental rights and freedoms is
widely accepted and guaranteed under different core international and national human right
instruments including national Constitutions. FOE refers not only to freely express one's
view, but it includes freedom to hold opinions without interference and to seek, receive and
impart information and ideas through any media regardless of frontiers. As a best instrument
of FOE, media plays a great role in the realization of FOE. FOE is widely accepted for its
justification of Personal fulfillment and development, get the truth and democratic
governance.
The FDRE Constitution has recognized such right in elaborated manner and further obliges
any actor involved in implementation of fundamental rights and freedoms to act in line with
those international human right instruments to which Ethiopia is a party.
However, this recognition is being affected by various subsidiary laws, procedures and
practices of the government and other actors in different forms. To examine these
impediments against FOE, the relevant legislations have been thoroughly analyzed. Also to
understand the realities from the ground, selected court cases have been analyzed critically
as well as in-depth interview conducted with legal practitioners, media professionals,
scholars, and other relevant individuals both from governmental and non-government
organizations. Mostly the courts are not interpreting those controversial legislations which
incorporate vague and wide terms, considering the spirit of FDRE constitution as well as
international human right laws in which Ethiopia is a party. In the same manner, EBA,
BSPE, Attorney general has been applying different legal based and other impediments
which developed through practice against FOE in general and freedom of Media in
particular. However, though the extent recognition to FOE and Media is acceptable, the
reality from the ground is so far from the text of FDRE Constitution and other internationally
accepted principles which designed in favor of FOE and Media.
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Law