UNIVERSITY OF HARGEISA FACULTY OF LAW LEGAL CLINIC Study on Freedom of Expression and Press law...

UNIVERSITY OFHARGEISA

FACULTY OF LAW LEGAL CLINIC

Study on Freedom of Expression and Presslaw No.27/2004 , a paper of Legal Analysis

Conducted by the Faculty of Law

4/29/2012Faculty of Law and Legal Clinic

Table of ContentsAcknowledgment ………………………………………………………………………………………….11.Introduction 2

2. Research Objective 23. Primary research methodology 3

4. Freedom of Expression at the International Context. 35. Subjects and Content of Freedom of Expression.5

6. Limitation on the freedom of expression. 57. Media in Somaliland Context 6

7.1 Human Rights in The Constitution................................67.2 Freedom press and Media as guaranteed in the Constitution.......7

7.3 Media and Somaliland Constitution...............................87.3.1 Independence of press and media............................9

7.3.2 Limitation on the exercise of freedom of press/media and Prohibition of any act that may suppress media...................10

8. Laws regulating Press and media in Somaliland...................118.1 Registration and Conditions for Registration...................11

8.2 Independent Regulatory body on the press and Broadcasting......138.3 State Owned TV and Radio and the Requirement of Independent Media...................................................................148.4 Freedom of Access to Information...............................15

8.5 Other Legal Rules Restricting on the Content and Activities of the Press and Media product........................................16

8.6 Accountability of the Press....................................199. Conclusion 22

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10. Recommendations 2611. Bibliography/References………………………………………………………………………………………………………………….31

12. Annexes, Research tool of Focus Groups and Key Informant interview……………………………………..32-34

Acknowledgements

We would like to thank the numerous institutions, friends and colleagues who provided valuable expertise and input in preparing this study, including the research fellows and staff at the Facultyof Law, University of Hargeisa. Special thanks to Somaliland Journalism Association, The Minister of Information Mr. Boobe Yousuf Dualeh ,the other members from Parliament, the executive andjudiciary organ for their contributions in reviewing the accuracy of situation analysis and the legal aspects of the somaliland media laws presented in this study. Also unforgettable thanks the civil society actors.

We would like to acknowledge generous contributions of all Focus Group Discussion members and institutions that nominated and allowed them to take part from Media Group including daily news papers, senior media trainers, lawyers, journalist associations allparticipated with dedication and generosity throughout our long meetings and discussions

Once again, special thanks to UNDP- GROLS program for their continuous financial support to this study and other similar valuable activities for strengthening the rule of law through access to justice

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1.IntroductionFreedom of expression, free communication are imperative for allindividuals and societies, and particularly in a democraticsocieties where the sovereignty resides in not the government ofthe day, but in the people through election of publicrepresentatives who shall form the state government that shouldundertake state functions in accordance with pre-establishedsocial contract.

Freedom of speech and expression is praised in its contributionof establishing good and democratic government: firstly, freeexpression of ideas and free flow of information among thesociety and government of the day enables individuals to knowstate policies and acts and policies and to forward suggestionsor concerns on the subject that matter that the government shouldtake into consideration in choosing the best practice or policythat reflects aspiration of the society.

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Secondly, it is the means to ensure friendly environment forholding public debates among political actors, and hence,enabling citizen to select the best political actor they shouldcast their vote in the electoral processes.

Thirdly, freedom of expression is necessary means for promotingand protecting fundamental human rights and freedoms as itenables individuals and human rights activist as well asjournalist to alarm human rights problems and abuses and topursue government of the day to undertake correction measuresthere to.

Freedom of expression in the context of media plays paramountrole in advancing rights and duties of media in bothinternational and national context. According to theinternational context, freedom of press in articulated as afundamental principles guaranteed in Article 19 of ICCPR whichstates that;

a) Everyone shall have the right to hold opinions withoutinterference,

b) Everyone shall have the right to freedom of expression;this right shall include freedom to seek, receive and impartinformation and ideas of all kinds, regardless of frontiers,either orally, in writing or in print, in the form of art,or through any other media of his choice.

However, there is a limitation as the general rule that everyoneshall have the right to hold opinion without interference but theexercise of this right shall not offend rights and freedoms ofthe third party reputation and honor and the public good atlarge.

In this regard, the participants discussed deeply the rights,responsibilities and the limitations, or the weakness of presslaw of Somaliland and the practical challenges faced by theSomaliland media professionals. However, the workshop study paidspecial emphasis on how current press law protecting rights andfreedoms of those media personals engaging in the production,

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broadcasting, editing of the daily press in Somaliland and howSomaliland press is being applied

Lastly, but not the least, freedom of expression contributes tothe socio economic development of the people in that it advocatesa transparent governance system which is free from corruption andabuses of state authorities.

Freedom of speech and expression though very important to theindividual human being and to the public at large, it may leadinfringement of human rights of other individuals, socialdestruction and public disorder if misused. Accordingly, itwidely recognized that freedom of expression is not absolute, butis subject to certain restrictions intended to prevent itsclaimants from misusing it.

2.Research ObjectiveThe objective of this research report is to investigate, gatherand analyze information on freedom of expression and Media lawNo27/2004 and using available data work towards better policiesthat advance fulfillment of human rights obligations inSomaliland. The study explores the right to freedom of expressionand Media noting challenges to its full enjoyment and makesrecommendations for improvements.

1.1. Summary Objectives

○ To understand importance of freedom of expression inrelation to international and local context.

○ To validate and comment on study and its findings andrecommendations

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○ To improve the knowledge, legal awareness and informationbase of the citizenry, with regard to public affairs andgovernance;

○ To understand major weakness of Somaliland press law.

○ To underline practical problems faced by the mediaprofessionals.

○ To recommend ways forwards the envisaged problems.

2. Expected Outputs

o Understood major weakness of Somaliland press law.

o Underlined practical problems faced by the mediaprofessionals.

o Recommended ways forwards the envisaged problems.

3.Primary research methodologyThe study of media law and freedom of expression was done under the direct supervision of the faculty of law Legal Clinic University of Hargeisa.The review of the current existing press law focused on the overall interpretation of freedom of expression and media both national and international context. Also this study was examined different stages of the press activities and media system of Somaliland..The consultative meetings were participatory and inclusive of allindentified stakeholders. Participants were encouraged to be open, analytical and logical in their debate and consultative meetings/ discussion.The review followed a qualitative approach to data collection andanalysis, drawing on primary and secondary resources. In order tosource the primary data, firstly a series of Focus Group discussions and interviews were organized among press institutions.

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Discussion groups from each institution met separately and each session of consultative meeting process took an average of one and half hours.The mandated actors that were interviewed in focus groups were:1. Somaliland journalist Association. Chairman2. House of Representatives3. Government-Minister of Information4. Judges and prosecutors (Judiciary)

The method used in this study was qualitative/key informant interviews. The legal researcher held several interviews with journalists, editors, publication institutions, government officials and regulatory authorities, scholars, and civil societyorganizations. The interviewees were randomly selected based on their knowledge of the media in Somaliland. The two legal researchers also used secondary data content analysis. Using thismethod international human rights instruments were analyzed, writings of leading scholars, publicists and newspaper reports ofrelevant events were reviewed. Information obtained from partner organisations was also analyzed. In this respect, Several interviews were conducted as a follow up to this content analysis. Content analysis helped the researchers to identify, enumerate and analyze occurrences and developments in the media industry and the human rights climate in Somaliland.

In this regard, the study will closely examine the weakness ofpress law of Somaliland and the practical challenges faced by theSomaliland media professionals. However, the study will also payspecial emphasis on how current press law protecting rights andfreedoms of those media personals engaging in the production,broadcasting, editing of the daily press in Somaliland and howSomaliland press is being applied.

4. Freedom of Expression at the International Context.Freedom of expression of ideas and free communication ofinformation is of imperative for all individuals and societies,and particularly in a democratic societies where the sovereignty

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resides in not the government of the day, but in the peoplethrough election of public representatives who shall form thestate government that should undertake state functions inaccordance with pre-established social contract. Freedom ofspeech and expression is praised in its contribution ofestablishing good and democratic government: firstly, freeexpression of ideas and free flow of information among thesociety and government of the day enables individuals to knowstate policies and acts and policies and to forward suggestionsor concerns on the subject that matter that the government shouldtake into consideration in choosing the best practice or policythat reflects aspiration of the society.

Secondly, it is the means to ensure friendly environment forholding public debates among political actors, and hence,enabling citizen to select the best political actor they shouldcast their vote in the electoral processes. Thirdly, freedom ofexpression is necessary means for promoting and protectingfundamental human rights and freedoms as it enables individualsand human rights activist as well as journalist to alarm humanrights problems and abuses and to pursue government of the day toundertake correction measures there to. Lastly, but not theleast, freedom of expression contributes to the socio economicdevelopment of the people in that it advocates a transparentgovernance system which is free from corruption and abuses ofstate authorities.

Freedom of speech and expression though very important to theindividual human being and to the public at large, it may leadinfringement of human rights of other individuals, socialdestruction and public disorder if misused. Accordingly, itwidely recognized that freedom of expression is not absolute, butis subject to certain restrictions intended to prevent itsclaimants from misusing it.

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Due to its importance to the individual human being and to thepublic at large, international society recognized freedom ofexpression as fundamental and the most important human right.This is reflected in the Resolution 59(1) adopted by the UnitedNations General Assembly in 1946 providing that ““Freedom ofinformation is a fundamental human right and ... the touchstone of all the freedoms towhich the United Nations is consecrated..” . To give effect the commitment ofthe international community at this resolution, the UnitedNations General Assembly adopted the Universal Declaration onHuman Rights, on December 1948 which recognized freedom ofspeech and expression as one of the fundamental human rights, andprovides in its Art.19 that “Everyone has the right to freedomof opinion and expression; this right includes freedom to holdopinions without interference and to seek, receive and impartinformation and ideas through any media and regardless offrontiers”. The UDHR recognized the important aspect of freedomof expression, and is silent on the other aspects that warrantcertain restriction of the exercise of this freedom. Accordingly,United Nations adopted the International covenant on Civil andPolitical Rights (ICCPR) which provides the right to freedom ofexpression with further elaboration of the freedom as guaranteedby the UNDH. Article 19 of ICCPR guaranteeing the freedom ofspeech and expression states: “1. Everyone shall have the right to hold opinions withoutinterference.

2. Everyone shall have the right to freedom of expression; thisright shall include freedom toseek, receive and impart information and ideas of all kinds,regardless of frontiers, either orally, in writing or in print,in the form of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of thisarticle carries with it special duties and responsibilities. Itmay therefore be subject to certain restrictions, but these shallonly be such as are provided by law and are necessary:(a) for respect of the rights or reputations of others;(b) for the protection of national security or of public order,or of public health or morals.”

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Freedom of expression is not only recognized at the internationallevel, but also it secured recognition at the regional as well asat national levels. Examples of regional instruments guaranteeingfreedom of expression are Article 9 of the African charter onHuman and Peoples’ Rights and Article 10 of the EU Convention forthe Protection of Human Rights and Fundamental freedoms.Likewise, most of constitutions of nation states including thatof Somaliland recognize and protect freedom of expressionincluding freedom of press and media. Article 32 of theSomaliland constitution guaranteed the right to freedom ofexpression including free and independent press and media.

5. Subjects and Content of Freedom of Expression.

The right to freedom of expression belongs to every individualregardless of color, race, sex, political or social status,national or social origin, language or any other status. Andbeing the subject of freedom of expression the individual humanbeing is entitled to:

1.To seek, receive and impart information and ideas. Thatmeans the individual person has the right to tell to otherhis view or opinion; and to also seek and receiveinformation and ideas obtaining and reading newspapers,listening to broadcasts, surfing the Internet, participatingin public debates as a listener, and significantly,undertaking journalistic or academic research. Furthermore,by exercising his/her right of seeking and receivinginformation, the individual is entailed to have an accessand obtain access records held by public authorities. andthis aspect of the freedom of expression obliges governmentsto publish important information and respond to requestsfrom individuals to access their records.

2.Information and ideas of any kind: The right to freedom ofexpression applies not only to information and ideas

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generally considered to be useful or correct, but to anykind of fact or opinion which can be communicated

6. Limitation on the freedom of expression.

As freedom of expression is not absolute right, International lawpostulated certain restriction on it. Article 19(3) of the ICCPRis among the main international human rights instrumentsproviding limitation on freedom of expression, and it providesthat the exercise of freedom of expression carries with itspecial duties and responsibilities and hence may be subjectedto certain restriction. But imposing restriction on the exerciseof this freedom requires certai conditions to be fulfilled. Thatis, the proposed restriction shall be provided by law and arenecessary “… for respect of the rights or reputations of others”or “for the protection of national security or of public order),or of public health or morals”. To put in other words, in the eyes ofArticle 19(3) of ICCPR restrictions on freedom of expression, to be lawful andpermissible, must comply with the principles of legality and proportionality and beimposed for one or more of the legitimate purposes enumerated therein which are forrespect of the rights or reputations of others or for theprotection of national security or of public order, or of publichealth or morals.Freedom of expression may, however, also be limited on the basisof article 20 of the ICCPR, according to which “propaganda forwar” and “any advocacy of national, racial or religious hatredthat constitutes incitement to discrimination, hostility orviolence shall be prohibited by law.” Like ICCPR, African charteron Human and peoples’ rights provide grounds that justifylimitations on the rights and freedoms it guaranteed includingfreedom of expression. Article 27.2 of the Charter provides that“the rights and freedoms shall be exercised with due regard tothe rights of others, collective security, morality and commoninterest. A lawful limitation on freedom of expression should be testedabove stated requirements. That means, firstly, the proposedlimitation must be provided clearly by law. Secondly, it must beaimed at one of the legitimate state or public interest indicated

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above; and thirdly, it must be necessary. That is to say, thereasons for possible limitations on the exercise of freedom ofexpression must be founded in one of legitimate aim. But theproposed limitations must be strictly proportionate to thelegitimate state or public interest or advantage that they areaimed at securing.

7. Media in Somaliland Context

7.1 Human Rights in The ConstitutionThe constitution of Somaliland establishes the RepublicSomaliland ( See Article 1 of the Constitution) and provides thatthe political system of Somaliland is based on “… peace, co-operation, democracy and plurality of political parties”( SeeArticle 9). In line with its political system, the constitutionguaranteed the sovereignty of the people of Somaliland asexpressed in its Article 1(2) which reads as “Sovereignty residesin the people who shall exercise it in accordance with theconstitution and other laws.” The Constitution furtherpostulates that the people shall elect their representatives whoshall form the state government that should undertake statefunctions in accordance with this constitution (see Art. 37(1)).To ensure the realization of the sovereignty of the people, theConstitution in its part two of Chapter one provide certainprinciples reflecting from the aspirations of the public intendedto guide all plans and political platform of the government ofthe day. In other words, this part of the constitution prescribesthe basic and the directive principles that shall guide theobjective of all and any administrative and governmental actions,and at the same time outlines key socioeconomic and culturalrights and solidarity rights, and the fundamental principles ofequality and non-discrimination. ( See Articles 8-20 ).

To further the sovereignty, the constitution recognized andguaranteed all most all fundamental human rights and freedoms of

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the citizens and persons, including those freedoms essential forinstitutionalizing democratic system and prevalence of respectfor human rights and rule of law. Part three of Chapter one ofthe Constitution composing of Articles 21 to 38 is devoted toguarantee the fundamental rights of human being and citizens (seeArticles 21-36 ). Freedom of expression including freedom ofmedia is one of the fundamental freedoms guaranteed by SomalilandConstitution intended to enable Somaliland citizens and societiesto fully take part and to reap the benefit of the political anddemocratic system of the country ( See Art.32 of theConstitution).

Somaliland Constitution provides constitutional provisionsprotecting the fundamental human rights and freedoms itguaranteed. In its Article 128(2), the constitution adopted thebasic principle of the supremacy of the Constitution: Accordingto this Sub Article, the Constitution is the supreme law of theland, and any law that contradicts with any provision of theconstitution is null and void. In addition to that, theConstitution postulates a constitutional duty on all and any oneof the organs of the state at every level be it national,regional or district administration organs or official to respectand abide by the provisions of the constitution that guaranteefundamental human rights and freedoms (See Article 21(1) of theConstitution). There is also another constitutional provisionprohibiting any constitutional amendment that may contradict orprejudice any of the fundamental human rights and freedomrecognized in the constitution ( See Article 127(d) of theConstitution).

7.2 Freedom press and Media as guaranteed in the ConstitutionSomaliland Constitution recognized the importance of the right tofreedom of expression. Not only the Somaliland Constitution

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recognized and guaranteed the right to freedom of expression, butalso it confirms that the right to freedom of press and media ispart and parcel of the right to freedom of expression. As such,in its Article 32 (1) the Constitution states: every citizenshall be free to express his/her opinion in writing, orally, inprint, in art or in any other form in accordance with the law.”And Article 32(3) of the Constitution provides that: “Press andother media are part of the fundamental freedom of expression…” Unlike Article 19 (2) of ICCP which guaranteed freedom ofexpression as a right which is multi-dimensional and wide-ranging, including “freedom to seek, receive and impartinformation and ideas of all kinds, regardless of frontiers,either orally, in writing or in print, in the form of art, orthrough any other media of [one’s] choice; The right to freedomof expression as guaranteed in Article 32(1) of SomalilandConstitution includes” the freedom to impart one’s idea either inwriting, orally, in print, in the form of art, or through anyother way. That means, Somaliland Constitution does not expresslyguarantee the right to seek and receive information or ideaswhich are imperative for the enjoyment of the right to freedom ofexpression, and one may think that Somaliland citizens are notentailed to claim the right to seek and receive information. Butthat is not the case.

Other provisions of the Constitution guide us to understand thecontent and subjects of the right to freedom of expression asguaranteed in the Somaliland Constitution. According to Article21 (2) of the Constitution, all fundamental human rights andfreedoms guaranteed in it are required to be interpreted inaccordance with international laws and universal declarations onhuman rights. And this is followed by Article 10 (2) of theConstitution outlining universal declarations and internationallaw which shall be enforced in Somaliland territory, and itstates: “Somaliland recognizes and shall enforce covenants ofUnited nations; and t the same time shall respect UniversalDeclaration of Human Rights” . According to this provision of theconstitution, UDHR and ICCPR are among the international humanrights instruments that are considered as part of the lawreferred in the constitution, and hence, shall be relied on when

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interpreting any provisions of the Constitution relating tofundamental human right and freedoms. Therefore, Article 32 ofthe Constitution shall be interpreted in accordance with Article19 of the ICCPR, and so every Somaliland citizen shall have notonly the freedom to express or impart opinion, but also freedomto seek and receive information and ideas of his choice. Thisargument is supported and validated by the Somaliland press law,which include provisions elaborating and complimenting the rightto freedom of expression provided in the constitution, andguaranteeing individual’s freedom to seek and acquire informationor ideas ( See Art 8 of SL Press Law no.27/ 2004).

Article 32 of the Somaliland Constitution guaranteeing the rightto freedom of expression and media does not provide specifiedlimitations on the exercise of these freedoms. Article 32(1) ofthe constitution requires subjects of the freedom of expressionto exercise and enjoy it “in accordance with the law”. Andlikewise, Sub Article 3 of Article 32 guaranteeing freedom ofpress and media envisages a legislation putting certainlimitations on the exercise of the press and media. These phrasesof the constitution limiting freedom of expression and media arevague, and may lead some body to ask him him/herself what is themeaning of the phrase “in accordance with the law”? Or whatshould be the content of the provisions in legislations thatshould carry restrictions on these freedoms in the eyes of theConstitution? To understand the meaning of the vague clauses restricting theexercise of the freedom of expression and media, it is importantto refer to the general limitation clause on the fundamentalfreedoms prescribed by Art.25 (4) of the Somaliland Constitution,which provides that” all freedoms of the individual shall not beexercised contrary to the laws protecting morals, security of thecountry or the rights of the individuals”. According to thislimitation clause, all laws or any act that may carrylimitations on the exercise of freedom of expression and mediashall comply with the limitations provided in Article 25 (4) ofthe Constitution, which is compatible with provisions of Article19 (3) and Article 20 of ICCPR. Accordingly, any laws carrying

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limitations on the freedom of expression shall meet with therequirements and internationally recognized test of Article 19(3) of ICCPR discussed above.

7.3 Media and Somaliland Constitution

Media and press are means necessary for individuals to enjoy andreap the benefit of their freedom of expression. Media is notonly an important and necessary for the free expression ofopinion and ideas of the individual citizen, it is beyond that.According to Somaliland legislature, “…freedom of the press (or the media) not only provides a venuefor citizens to express their opinions but also plays a permanentrole in the protection of the rights of all persons, and in theadvancement of democratic traditions; whilst at the same timeproviding citizens opportunities to express informed views aboutthe various significant issues and to state their opinions abouthow the affairs of the nation are conducted”.

The press or media are imperative means for the public in that itfacilitates public to exchange views and generate invaluableideas that contribute socio economic and political development.Media and press are very essential for democratic society likeSomaliland in the sense it serves as a means to contribute ininstitutionalizing democracy, rule of law and respect for thefundamental human rights. For this reason, SomalilandConstitution recognized and guaranteed press and Media asfundamental part of the freedom of expression. (See Art. 32(3) ofthe Constitution). The Constitution does not only recognizefreedom of the press and media, but also guaranteed independentmedia and press, and at the same time prohibited any kind or formof suppression on the press and media.

7.3.1 Independence of press and mediaThe constitutional guarantee of independence of the press andmedia is vital condition for the meaning full realization of theright to freedom of expression. Media serves for individuals and

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societies as a means to express their view and ideas ofimportance to their life and communicate the same to others andconcerned bodies including the government. Particularly, mediaand press are necessary for individuals in a democratic systemsin that it enables individuals to take part and communicate theirviews and concerns in the decision making process of theircommunities. Likewise, it enables individuals and communities toinfluence government of the day to undertake their authoritiesand duties for public good. to realize the objective s andbenefits of the press The principle of independency of the mediais therefore needed and necessary. If media is not independent,there no free of flow of information and exchange of idea, andhence no meaningful political participation. Media there forneeds to be independent and be protected for any political orother form intervention. There is an international recognitionthat independent media has tangible benefits for societies, thatit is simply not possible for there to be real economicdevelopment, or indeed democracy, without it. To put in otherwords, Independent media is needed and important for any societyto ensure free flow of information and exchange of ideas for ameaning full political participation. This is so because freeflow of information and exchange of ideas is good forinstitutionalizing and sustaining democracy in the sense that itleads to a better “ democratic decision making by government,improves transparency and accountability and gives citizens theability to make informed political choices”. ( See media lawanyses).

As recognized in the constitution, media can be government/publicor private. The principle of independency of the media appliesboth government and private media. This principle is of twofolds: the first is that the media should be institutionallyindependent and requires that the press or the media be it publicor privately owned, should be regulated by body which isindependent from any government interference or influence. Thisaspect touches upon issues like registration and licensing ofmedia.

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The other aspect of the principle of independent media concernsabout the operations and activities of the media or press andcalls for that media should be independent form any formpolitical or commercial interference such as pressure frompolitical groups or owners of media companies to report on anissue in a particular way. This aspect is linked to the notion ofimpartiality which calls neutrality of the information from thepress and media, and hence, obliges the presence of code ofconduct that guide the operation and activities of the media andits personnel.

To fulfill the principle independence of the media, there shouldbe, as commented by an author,” .. a legal requirement for theappointment of members of the body regulating and exercising oversight authority on the operation of media be an open, democraticand representative of society at large” ( ibid above PP 23). Andthis body should be vested with the authority to ensure thatactivities of the press product are free from any politicalinterference or any commercial interest, and to hold the mediaand its agents on their misconducts on the bases of predesignedcode of conduct.

7.3.2 Limitation on the exercise of freedom of press/media and Prohibition of any act that may suppress mediaThe Somaliland constitution does not only recognize and guaranteeindependent media and press, but also the constitution protectsthe media form any act or government behavior that may underminethe meaning full exercise of the freedoms of the press and media.Unlike any international or regional human rights continents, theSomaliland constitution provides a constitutional provisionprescribing full protection for the media in that it prohibitsany act what so ever that may suppress or otherwise undermine theoperations of media ( see Article 32(3) 0f SL constitution).Censor ship as well as any other governmental act or behaviorthat undermines or could be understood as suppression on mediaand press is not allowed. However, freedom of media is not an

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absolute but is subject to limitations. The Constitution does notinclude any specific conditions or requirements that justifypermissible limitation on media and press. Nevertheless, theconstitution envisages a legislation which shall regulate thefunctioning of the media, and may impose certain limitations onthe exercise of the freedoms of media and press. What is important to know is that the law regulating on thefunctioning of press or media should not contain any provisionallowing infringement to the fundamental principle of themedia/press. And in addition to this, any proposed limitation onthe proposed in the regulating the press and media shall complywith the admissible limitations prescribed in Article 25(4) ofthe constitution and Article 19(3) of the ICCPR. The proposedlimitation to be a constitutional, it must be:

1. imposed to protect one of the following legitimate publicgoals: rights or reputations of others; or national securityor public order; or of public health or morals.

2. necessary for securing full protection of the intendedlegitimate public interest. To fulfill the requirement ofnecessary, the limitation should not carry with itliabilities that may undermine the exercise of the freedomitself. To put in other words, the limitation proposed onthe press or media must be strictly proportionate to thelegitimate state or public interest that it is aimed at.

Having seen the constitutional provisions guaranteeing freedom ofpress and the media, the rest of the paper is devoted to examinelegislations and other frame works that regulate media inSomaliland

8. Laws regulating Press and media in SomalilandThe main law governing ‘Somaliland press and media currently isthe Press law of Somaliland, Law no 27/2004, which recognized andaffirmed the important of freedom of press and media to theindividual citizens and to the public at large. This isexpressed clearly in the preamble of the Press law whichreads : “ … freedom of press (and media) not only provides a

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venue for citizens to express their opinions, but also plays animportant role in the protection of the rights of all persons,and in the advancement of democratic tradition; while at the sametime providing citizens opportunities to express informed viewsabout various significant issues and to state their opinionsabout how affairs of the nation are conducted”. The SomalilandPress law contains seven parts with 32 Articles dealing withdifferent aspects relating to the operations and activities ofboth the press and media. As such Article 2 of this press lawdefines press as “ .. the creation of any work which affects thethoughts and opinions of the public at large, such as:newspapers, journals, periodicals, news agencies, radio,television, film and video, pictures, cartoons, books, music, andany other means of mass communication”. As clear from thedefinition of the press related activities that the Somalilandpress law should apply includes all forms of press or media andany other means for imparting ideas or opinions. As suchproduction of information communication materials such as ofpamphlets, leaflets, posters, bill boards etc. are part of theinformation communications that are the subject of the SomalilandPress Law. Part one of the Press law includes provision elaborating furtherthe subjects of the constitutionally guaranteed freedom of pressand media. Article 8 of this law concerning the right to engagein and to carry on press activities, provides that “everySomaliland citizens has a right to engage and to carry on pressactivities, either solely or jointly with others”. That meansthat an individual citizen can establish his own press or mediaundertaking, or he may to gather with other citizens form pressor media company. So both natural and artificial persons ofSomaliland origin are subject of the constitutionality guaranteedfreedom of press and media. Like Somaliland Citizens, foreignersare entitled to enjoy freedom of press and media and to establishpress or media undertaken (See Art 28 of the Press Act).

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8.1 Registration and Conditions for RegistrationPart 2 of the Somaliland Press Law requires registration asprerequisite in undertaking any press related activity. Therequirement of registration applies not only private press ormedia undertakings, but also applies to public/governmental pressand media. The registration is also required to a registeredpress or media organization wishing to increase its product toArticle 6 of the Press law prescribing the registrationrequirement on press and media, provides as following:

a) Any person wishing to establish a press undertaking shallregister himself at the Office of the Attorney General ofthe state, after he has fulfilled the conditions set out inthis Law.

b) Any (press) undertaking which has already been registeredand wishes to increase its production by issuing an existingnewspaper title or a new press product, shall register thenew press activity in accordance with the registrationprocedure.

c) If any government authority or office wants to establish anykind of press activity, it shall register in accordance withthis Law.

Article 7 of the same law provides conditions for application forpress or media registration. It requires any person(s) wishing toestablish press or media related works to submit to the Office ofthe Attorney General an application for registration includingthe following details:

a) The name of the proprietor/s of the press activity. b) The title of the press activity.

c) The names of the chief editors and producers of theconcerned press or media activity whose level of educationmust not be lower than secondary school level, and at thesame time must have professional certificate on thesubject///

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d) The type of the press or media that is been registered.

e) The address of the press activity and its location, such asdistrict, neighborhood, street, etc.

f) The name and address of the publisher of the press activity,if different from that of the proprietor

As envisages from the wordings of this provision, the Office ofthe Attorney General is obliged to register the requested pressor media that submits an application providing complying with theprescribed conditions for registration listed above. Unlike manyAfrican Countries, undertaking and producing press or mediaproduct is not an offence in Somaliland. Rather, Somaliland Presslaw provides that “ Any press which produces work withoutregistration shall have its product restrained until it isregistered.” ( See Art 7(1)(g) of SL Press Law).

The registration requirements of press and media provided inSomaliland Press law has several draw backs that are not onlyincompatible with fundamental freedom of press and media asguaranteed in the Somaliland Constitution, but also undermine theprinciple of independency of the press and media. The requirement of registration as stipulated in the Press Lawapplies to all kind of press or media related activitiesincluding minor information communications materials such asproduction and distribution of leaflets, posters, billboards ofpress or media. And one may hold that this requirement ofregistration amount to a barrier to press and media operations,and hence, forms restrictions on free flow of information at theexpense of the public’s right to know. This is true for theproduction of minor communication materials which are notregularly printed, but aimed at imparting information ofimportant to the society. But one thing to know is that therequired registration under Somaliland press law does not includeany substantive conditions, but technical conditions intended toensure important aspect of the press, such as professionalism. Inother words, the requirement of prior registration isjustifiable for certain kind of press such as printing newspapers

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and broadcasting. Such kind of press or media undertakingsinvolve and impart information intended to affect opinions andviews of the public at large. And one may argue that registrationis needed for ensuring professionalism of such communications.And this is reflected among the conditions for registration whichrequires that editors or produced of the concerned press or mediaactivities should have professional certificate on the subject ofthe press or the media applying for registration ( See Art 7(1)(c) of the SL Press law).. Prior registration is needed andnecessary for broadcasting undertakings. Board casting has gotsomething to do with demarcation of available frequencies and airwives, and hence, the concerned broadcasting entity needs to beallowed and registered in the field. But the problem and thetreat to the freedom of press and media lie on the possibility ofmisusing the registration authority as we will outline below.

8.2 Independent Regulatory body on the press and BroadcastingSomaliland constitution guaranteed independent press and media.Unfortunately, Somaliland Press law does not establish anindependent body to regulate on the operations of the media. Asstated above, there is separate law on the broadcasting, but thePress law applies all forms of press and media including broadcasting, and the Office of the AG and Ministry of informationexercise regulatory power on different aspects of the media.Current Press law regulating on press and media in Somalilandvested the Office of the Attorney General with the authority toregister establishment of press or media. As stated above anyperson wishing to establish press or media must obtainregistration from the Office of the Attorney General before itundertakes any press or media operations. And in practice,applicants for registration of press or media undertaking isrequired to have a permission letter form Ministry of Informationbefore he/she submits the application to the Office of theAttorney General. This current practice for registration of pressor the media amount an infringement on the constitutionallyguaranteed independent of the press and media operations asdiscussed above, and can hardly warrant the realization of thebenefits of the press and media to the public. Both the Office of

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the Attorney General and Ministry of Information are governmentalauthorities and lack the required independency for regulating thepress and media. Both Ministry of Information and Office of theAG are not independent for the government of the day, and theyare susceptible to use their authority to satisfy wishes of thegovernment at the expense of freedom of press and media.According to SL constitution, the judiciary organ is the thirdorgan of the state and it is independent from the other organs ofthe state, executive and legislative. And the office of the AG ispart of the Judiciary, and hence one may argue that the Office ofthe AG is independent body which should qualify the requiredprinciple of independent media operations. But this is not atenable argument. This assertion is justified by the fact thatother provisions of the Constitution place the Office of the AGas part of the special government authorities, and the President– the head of the executive branch of the government- has theultimate authority to dismiss the Attorney General from theOffice. Accordingly, the Office of the AG is not an independentfrom the executive. So the role given to the Ministry ofInformation and Office of the AG on the registration of press andmedia is contrary to the Article 32 (3) of the constitution whichobliged the government to ensure and establish an independentbody to regulate operations and activities of the media.

In addition to that, there are no remedies provided in the presslaw in a case an individual citizen is denied his or her right toestablish press undertakings by the Ministry or the AttorneyGeneral. To put in other words, the state organs vested in theregistration authority are susceptible of using their mandate fortheir political view or interest at the expense of press andmedia. This assertion is substantiated by the fact that ithappened that the AG had issued an order suspending registrationof press in mid of 2011???.; and that there are ministerialdirective issued in 19?? By the Minster of information andnational guidance banning opening of private radios.

As per the Constitution and the press law, every citizen isallowed to establish radio. But today there is only one state

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owned radio in Somaliland. And there are citizens as well asacademic institutions that are denied their initiative toestablish a private radio by the government relaying on aministerial directive prohibiting establishment of private radio.When it comes to a society like Somaliland society where largenumber of the population are literate or have no access to otherforms of information communications, radio is an important andnecessary as it is the best means to transmit information to thepublic. The denial is therefore, unconstitutional. However, thegovernment in banning private radio has taken into considerationto…… Unlike radios, Somaliland government allowed establishment ofprivate TVs in Somaliland. Currently, there are number of privateTVs established and operating. However, the press law does notestablish legal frame work to regulate and ensure independentoperations of such TVs. Like other forms of media, TVs operationssuch as registrations and withdrawal or suspension ofpermits/registrations are vested in AG and Ministry ofinformation which are not independent bodies. This part of the Press law and practice discussed above regardingto the registration of press and media need to revise so as tocome up with regulatory frame work which is compatible withconstitutional independent of the press and media. And this callfor legal rules establishing an independent body responsible forregulating and exercising over sight authority on the operationof media, and contacting a legal requirement for the appointmentof members of that body be an open, democratic and representativeof society at large. And in reviewing this part of the Press law,consideration need to be taken different nature of the press andmedia activities, and hence, to establish separate legal andinstitutional framework for regulating deferent undertakings ofthe press and media

8.3 State Owned TV and Radio and the Requirement of Independent Media

The provisions of the press law applies both state owned andprivate TVs, and requires prior registration on both modes of

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TVs. Article,6 of the Press law requires any government bodywanting to establish press activity including TV to register itsestablishment like that of the private. Today there is one stateowned TV not established and registered in accordance with thePress law, but it is established as autonomous SomalilandNational Television (SLNT) by a presidential degree ( Seepresidential degree No. 97/2005)). As established SLNTV shallhave an independent Directorate, but, under Article 2, theDirectorate shall come under the Minister of Information &National Guidance (MOI&NG) for advice and direction on policyissues. The Directorate shall be responsible for thedissemination of news and of political, economic and socialprogrammes. The president has the authority to appoint anddismiss the director general of the SLNTV.

The current set up of the SLNTV raises certain constitutional andpolitical concerns that need to be considered. As it isestablished, SLNTV does not meet with the required independenceprinciple of media undertakings. As an institution SLNTV comesunder the MOI&NG for an advice and direction on policy relatedissues. And at the same time its Director who is the head of themanagement team is accountable to not an independent governmentbody, but to the President of the Government. So it can hardlybroadcast information which are free from any influence of thegovernment of the day. To put in other words, SLNTV issusceptible to be used as media that impart information oropinion reflecting from the political views of the government ofthe day at the expense public aspirations or expectations. Thisis what expressed loudly by political opposition partiesasserting that the National TV and Radio are not accessible toall, but do serve only ruling political party.

The legality of the Presidential Degree established the nationalTV is also questionable. As established, SLNTV is intended to bespecial government body other those established by theConstitution. The Constitution permits establishment a governmentorgan, but requires that the proposed establishment be inaccordance with the law ( See Article 113 of the Constitution).So the question need to be answered is this: does Somaliland

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President have an exclusive authority to establish a public bodythrough a presidential degree? The answer is no for the followingreasons: firstly, the constitution permitting for establishmentof special government body envisages a legislation to the effect.And from this requirement, it is evident that there should alegislation that should go through the proper law making processand be approved by the legislature. This should be so, becauseany public institution implies governmental budget and hence,needs legislative act thereto. For these reasons, thePresidential degree established SLNTV doe not meet with therequirement set under Article 113 of the Constitution. There is also one state owned radio in Somaliland. And like theTV the Radio is administered and managed not by an independentstate organ, by the MOI&NG, and it raised legal and politicalconcerns similar to those arise form current set up of SLNTV.

To rectify the legal and political concerns on the both the SLNTVand Radio , it is suggested that there should be a legislativeact to establish a statutory independent National TV and RadioCommission which should be run by Board or council consisting ofmembers selected from the public through competitive and on meritbases, and accountable to the parliament, but not only to thepresident.

8.4 Freedom of Access to InformationAs access to information held government authorities is necessaryfor the realization and enjoyment of freedom of press and media,and for the imparting information of important enablingindividual to a meaning full participation of socio economicdevelopment and public affairs, Somaliland press law recognizedand guaranteed access to and imparting ideas and informationincluding to information held by public authorities as right ofthe press and its agents. As stated by an author, the notion offreedom to access to information held by government bodies “ isbased on the principle that public bodies hold information notfor themselves but as custodian of public good and hence everyoneshall have a right to access to this information, subject only to

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clearly defined exception to be determined by law.” (Article 19The Legal Frame work for Freedom of Expression in Ethiopia, P23). Somaliland Press Law guarantees media and press agencies thefreedom to access and obtain information form governmentofficials and authorities ( See Art. 8(2 and 4) of the SL Presslaw). And to enable media and press agents to have an access toinformation held by government authorities and state officials,the Press Law prescribes an especial provision obliginggovernment officials to fully cooperate with the press. Article30(1) of the Press Law providing state officials duty tocooperate with the press reads: “The officers of the governmentshall co-operate with and assist the press so as to advance theprinciple of the right of public to receive informationUnderstanding the importance of access to public”. According tothis obligation on government officials, any press and itsagents is entitled to seek and acquire an information form anygovernment official, and it is the duty of the concerned officialto give the requested information unless there is a legal rulethat prohibits the said government form disclosing the requestedinformation.

8.5 Other Legal Rules Restricting on the Content and Activities of the Press andMedia product.

Freedom of the press to access to and impart information asguaranteed is not absolute, but is subject to restriction.Unrestricted freedom of press will definitely lead to violationof fundamental human rights and freedom of others, publicdisorder and in security. Accordingly, it becomes necessary toset up legal rules that carry limitation on the exercise offreedom of the press. Somaliland press law includes certainprovisions that limiting the freedom of the press and media tohave an access to and impart information Art.8(2) of the Press Law restricting on the exercise of thefreedoms of the press states: “Unless otherwise restricted bylaw, any press and its agents shall have the right to seek,

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obtain and report news and information and acquire informationfrom any government source of news and information”. The clause“Unless otherwise restricted by law“ employed by the Press Law isvery vague in content and susceptible to manipulation by stateauthorities at the expense of free communication of informationand ideas about public and political issues between the citizensand the government authorities. However, there are provisions inthe Press Law itself and in other Somaliland laws which providesrestrictions on the freedom of the press and its agents to havean access to and report information to the public.

Provisions of the Press law restricting on the press and its agents prohibits disclosure and dissemination of any comment relating judicial proceedings pending before courts or any personal information relating to a victim of a criminal act. (Art. 8 (5) of SL press law); article 8(5). The disclosure and dissemination of the following matters are not allowed:

a. comments relating to proceedings which have not been concluded and are still before a court; (and)

b. unless the individual concerned consents, any personal information relating to a victim of a criminal act.

6. Disclosure of source of information: Only a court judge may question a publisher, editor or a reporter about the source from which he obtained or took information he used for his reporting, if it is necessary for the disposal of the proceedings in the court.

Somaliland Criminal laws provides legal rules set restriction ofthe freedom of the press. The Penal code currently applied inSomaliland includes certain provisions criminalizing disclosureof information relating to state security and secrets. In theeyes of the Penal Code state secret related information areany information which should have to remain secret for thepolitical, domestic or international interest of the stateincluding any government information contained in governmentpapers not published for reasons of political, domestic or

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international purpose ( Art 199 and 204 of the Penal Code). Theprovisions of the Penal Code restricting disclosure ofinformation are not clearly enough to outline legitimate interestthat should be protected. Rather the wordings of the penal coderelating state information that ought to remain secret not onlyundermine full enjoyment of freedom of press but also prejudicecitizens’ constitutional right to obtain necessary informationthey need to fully participate in the political affairs anddecision making process on public issues that affect their livein one way or another. And, hence, cited provisions of the penalcode limiting freedom to access to information can hardly serveas justifiable restrictions on the freedom of expression andpress as guaranteed in the Constitution. There is no doubt that there are information that Somalilandgovernment, like any other government, needs to remain secret dueto their importance to essential issues of state or publicinters. But as stated above existing legal frame work inSomaliland relating to freedom of information can hardly warrantfull protection and enjoyment of freedom of press and media.Accordingly, it is necessary for amend current legal rulesrelating to access and disclosure of information so as to come upwith comprehensive legal frame work regulating access, obtainingand disclosure of information held by state authorities. Toattain that goal, it is necessary for Somaliland government toamend the Press law to include comprehensive list of legitimatestate and public interest that justify non-disclosure ofinformation and legal requirement prescribing that non-disclosureshould be justified only where concerned authority allowingdisclosure of the information in issue threatens substantial harmto the intended legitimate public interest or goal and that theharm to the legitimate interest is greater than the publicinterest in getting the concerned information ( Article 19: Thelegal Frame work for freedom of expression in Ethiopia; pp. 22 -23).

8.6. Penal code provisions relating to the defamation The Penal Code was enacted prior to Somaliland’s independence buthas been amended numerous times since then. Chapter II of the Penal Code in its articles of 451 and 452 sets out a list of

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Crimes, Which crime against Honour which is headed insult and defamation., also the penal code sets out another list of crimes which is included and headed crime against public order in article 320 and 328 publication of false or circulation of tendentious news which imprisonment up to six months. Furthermore Chapter II of the Penal code headed crime against state as an internal person in some articles starting from 204 which is disclosure of state secrets as per article 199 set thereto.

For this, The Penal Code also includes provisions criminalizingdisclosure of information relating to state security and secrets.In the eyes of the Penal Code state secret related informationare any information which should have to remain secret for thepolitical, domestic or international interest of the stateincluding any government information contained in governmentpapers not published for reasons of political, domestic orinternational purpose ( Art 199 and 204 of the Penal Code). Theprovisions of the Penal Code restricting disclosure ofinformation are not clearly enough to outline legitimate interestthat should be protected. Rather the wordings of the penal coderelating state information that ought to remain secret not onlyundermine full enjoyment of freedom of press but also prejudicecitizens’ constitutional right to obtain necessary informationthey need to fully participate in the political affairs anddecision making process on public issues that affect their livein one way or another. And, hence, cited provisions of the penalcode limiting freedom to access to information unconstitutionaland cannot serve as justifiable restrictions. There is no doubt that there are information that Somalilandgovernment, like any other government, needs to remain secret dueto their importance to essential issues of state or publicinters. But as stated above existing legal frame work inSomaliland relating to freedom of information can hardly warrantfull protection and enjoyment of freedom of press and media.

1. Criminal Defamation

Defamation and Asult

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For analysising Criminal Defamationin terms of the Penal Code, chargeof criminal defamation or libel under (Article 452), the prosecutionalways charging of the old “insult” law against the Head of State (oras they used to be called in South America “desacato”) in the PenalCode. The Insult to a person under Article 451 and defamation underArticle 452, the accused has a right to defend himself to proof oftruth (under Article 453) by proving the truth of the allegations,especially if the injured party is a public official.. Secondly andrather unfortunately, the offence of insulting the President fallsunder the group of offences, known as “crimes against the personalityof the state” also article 220 explaining the honour and pristage ofthe state head . These “special” head of state (or publicofficials/authorities) insult laws go back a long way to the days ofmonarchs and emperors. Which contrary in this time with the bill ofrights guarented by Somaliland constitution , this type ofcriminlazation , are now considered to be contrary to freedom ofexpression and are against modern human rights treaties. Still thiscriminal defamation practice exists in Somaliland context to protectpublic figures from injury to their reputations. Such laws have alimiting effect on freedom of expression and are frequently abused incases where there is no public interest at stake. Therefore we arerecommending that such law and provisions should be abolished andreplaced with civil defamation laws. Therefore the politicians andpublic officials should have to tolerate a greater degree ofcriticism; publications regarding matters of public interest which arereasonable in all the circumstances should not be considereddefamatory; damage awards should be proportionate to the actual harmcaused and should take into account alternative remedies such asapologies and corrections. This should be in line with the civil codethe Civil defamation can also be misused to censor criticism anddebate concerning public issues. Therefore we can say that civildefamation should observe the following principles: public bodiesshould not be able to bring defamation actions; truth should always beavailable as a defense; politicians and public officials should haveto tolerate a greater degree of criticism; publications regardingmatters of public interest which are reasonable in all thecircumstances should not be considered defamatory; damage awardsshould be proportionate to the actual harm caused and should take intoaccount alternative remedies such as apologies and corrections. Civil defamation provisions can be applied as per the civil codebut it needs that the judge should understand the damagecalculation techniques.

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In application of the civil defamation shall be applied accordingThe civil code of Somaliland which sets out civil sanctions uponunlawful liability arising from personal acts similarly(defamation) damage caused by somebody to another, where the lawimposes an obligation to make reparation upon the person by whomit is committed. These lists of civil sanctions have beenlisted in section III of Article 160, 161 of the civil code.According this clause provisions of the civil code is unclear andmore ambiguity where the law not detailed how and what measurescan be calculated if such defamation occurs.

1. Liability Arising from Personal ActsArticle 160every fault, which causes injury to another, imposes an obligation to make reparation upon the person by whom it is committed.

On the other hand every person in possession of discretion is responsible for his unlawful acts. Additionally, Article 10 of the Press Law sets out what activities of the Press come under this Law and these are, among other things, the truth of what they have written, as well as balance. It evenincludes issues such as decency, comments about the religion, military information etc. Article 10(6) then adds that any press which in

Fringes matters set out in the Article (e.g whoever publishesuntruthful articles or indecent articles) will be dealt with inaccordance with the Press Code and the civil laws of the country.

8.6 Accountability of the Press

To realize its prime objectives and importance towards socioeconomic development, advancement of the democratization processand protection of the fundamental human rights and freedoms thatare the aspiration of the Somaliland Societies, media and pressneed not only independent but also accountable to their acts thatinfringe any legally prescribed limitations on the pressactivities. According to the Press law , press and media should

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be held accountable to their acts not on the bases of penalprosecution process, but on the bases of a self-regulating regimebased on press code of conduct and on civil liability based onthe relevant civil laws. This rule is reflected in Article 10 ofthe press Law titled “complying with the press law” whichprovides responsibilities of the press in undertaking pressactivities and requires the press: “… to ensure that the pressproducts… are based on the truth and are balanced”; “ …to protectand secure secret information concerning armed forces bases, thedissemination of which may reveal to the enemy the militarystrategy and capabilities of the country” ; not to publish“….photographs or articles depicting the naked human body, unlesssuch depiction is necessary for the purposes of knowledge”; notto publish “… articles and commentaries, which disparage thepractice of Islamic Sharia or the veneration of Islamicreligion”. The cited Article 10 also provides a provisionprohibiting foreign journals from “… entering or photographing, without permission, the bases ofand areas where the armed forces are deployed, as well as anyother locations where entry is prohibited on a temporary basisfor reasons relating to security”. This is flowed by Article10(6) which postulates the liability of the press which violatesany of the duties pointed out above. This section of Article 10setting the regulating regime on accountability of the pressstates: “Any press which infringes the clauses of this article,shall be dealt with in accordance with the sanctions set out inthe press code of conduct and in the other relevant civil laws ofthe country”.

The regulating regime on the press activities based on press codeof Conduct and civil liability processes adopted by theSomaliland Press Law superseded many of the provisions of thePenal code which subjects many press related products to a penalprosecution and punishment. As discussed earlier, there areprovisions of the Penal Code restricting the press and media byprohibiting dissemination of certain kind of information:examples of these penal provisions are those intended to protectreputation of individuals such as for the honor or prestige ofhead of the State (Art.220), Insult ( Art. 451) and defamation

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(At.452); others aimed at protecting public order and security aswell as state secrets such as publication of false news capableof disturbing public order (Art. 328), political defeatism i.e.,publication or communicating false, exaggerated or misleadingrumors or news in time of war (Art.208), Procuring informationregarding to security of the state( Art. 199) and Disclosure ofstate secrets (Art 204); and others intended to protect religionand public morals such as bringing the religion of the state intocontempt (Art.313). These are among provisions that not onlyrestrict the exercise of the freedom of press but also subjectjournalists to penal prosecution and imprisonment. These andother provisions in the penal code prescribing penal prosecutionto journalist activities are among the laws that are repealed byArticle 30 of the press law, and hence, one may hold that suchprovisions of the penal code are not applicable to journalist inrelation to undertaking press related activities. RatherJournalist shall be held accountable to their press and mediarelated acts in accordance with the regulating regime based onpress code of conduct and civil liability established by Article10(1) of the current Somaliland Press law.

However, in practice Somaliland authority prosecute journalist onthe bases of the Penal code which enacted in 1962 before thepromulgation of the Somaliland Constitution. The enforcement ofthis old Penal Code in Somaliland is justified as per the Article130(5) of the Somaliland Constitution which authorizes theenforcement of all laws which were used in the Somalilandterritory before to the extent that these laws are compatiblewith Islamic Sharia and fundamental human rights and freedoms.Though, as we pointed out earlier, the penal code includes manyprovisions that are not compatible with the fundamental freedomof expression and media guaranteed in Somaliland Constitution andthe Press Law, it is normal practice of Somaliland authority toprosecute and subject imprisonment to journalist based on thisoutdated Penal Code Editors Haatuf and Waaheen are amongjournalist based in Somaliland who were prosecuted and convictedin relation press product they circulate which are foundcontained defamation and insult against government officials, andpublication false news capable of disturbing public order

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amounting to criminal offence according to Articles 220, 451, 452and 328 of the Penal Code committed ( Jama, Ibrahim: Using insultLaw is an insult to Somaliland Media and public – the detentionand trail of Hatuf Journalist) ).

Somaliland state officials claim that they have justifiablereasons for criminalizing journalists. Somaliland Prosecutionofficial interviewed on the issue argued that Article 10(6) ofthe press concerns to the press as an entity, but not to theindividual journalist. And added that prosecuting journalist inthe Penal code is implied in the press Law itself. It is arguedthat according to Article 8(1) of the Press law, journalist willbe subjected to a criminal prosecution and imprisonment, ifcirculated press product prohibited and prescribed as an offenceas per a relevant provision of the Penal Code. The Penal code isamong one of the laws envisaged in Article 10(2) of the Press Lawwhich requires the press to disseminate any kind of informationsave as postulated otherwise. So if the press circulatesinformation infringing any penal provision, the responsiblejournalist cannot escape prosecution. And this conclusion is saidbased on Article 8(1) of the Press law which states that: “Ajournalist shall not be imprisoned for undertaking pressactivities unless otherwise ordered by a competent court”. So ifordered by a court, then a journalist becomes subject to criminalprosecution and punishment

In addition to that, Somaliland views that self-regulating regimebased on civil liability claim and press code of conduct canhardly protect essential and legitimate public inters from missuse of freedom of the press and media. Somaliland is politicallyfragile and its society is a divided society based on clans andtribalism susceptible to internal conflicts involving state powerand functions. Due to its context of divided society, morerestrictions other than civil liability claim and measure basedon Code conduct are justifiable on certain aspects of press andmedia activities. If press disseminates an information that mayCouse public dis order such as raising conflict among clans,propagating internal war and insecurity; or if the pressdisseminates a legitimate state secret, or if the press

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propagates terrorist views and calls for the public to supportthe same, neither civil liability nor press code of conduct issufficient. In such and similar cases, penal prosecution andimprisonment should be introduced and applied to the responsiblejournalist.

The above described position of Somaliland authorities is subjectto criticism. Though the wordings of the provisions of theSomaliland press law is not clear regarding to criminalization ofjournalist activities, enforcement of the penal prosecutionagainst many aspects of press journalist activities can hardly bejustified in the eyes of the Somaliland Constitution. Inprinciple it is widely agreed that criminal law on defamation andinsults as well as other acts of similar nature is incompatiblewith the freedom of expression and press (Jama, Ibrahim Ibidabove). There is no doubt that defamation and acts of similarnature prejudice to, among others, the reputation, honour anddignity of other individuals, but penal prosecution is not theproper option. Rather, the concerned press should be heldaccountable for the defamation infringing reputation or honor ordignity of others, not based on criminal prosecution, but on thebases of civil damages and press code of conduct which is theoption stipulated by the Somaliland press law. This position ofthe Press law reflects from the principle of the proportionalitythat justifies the legitimacy of the any limitation on theexercise of the freedom of expression and the press. Defamatoryand acts of similar nature affects the rights of an individual orgroup in principle, and hence civil damages and/or anothermeasure based on code of conduct is sufficient to secure fullprotection of the right in issue. But if the insult or defamationis directed to a group to lead internal conflict and public disorder, there is a room for penal prosecution against theresponsible press agent. This is true in case where the pressproduct contains statements which are of nature as to raise orstrengthen incitement to discrimination among societies (UnitedNations 2003, pp 553)

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Regarding to press activities involving public order and securityas well as disclosure of state secrets, penal prosecution on thejournalist may be justified. But the problem is that currentpenal code in Somaliland uses vague terms in defining statesecret and interest, public order and security, and hence, suchpenal code provisions are susceptible to be used for advancingpolitical views of government of the day at the expense offreedom of press and the right of the public to obtaininformation about the activities and functions of the state.

Application of the Penal code as practiced in Somaliland is notgenerally compatible with the freedom of press guaranteed by theSomaliland Constitution. To rectify the ambiguity surrounding tothe possibilities of penal prosecution on journalist, it isnecessary to revise and amend current Press law. Particularly,this recommendation calls for the legal provisions repealingcriminal defamatory laws and stipulating clearly specificjournalist acts that can lead criminal prosecution onjournalists.

Other problem on the press law involves the self-regulationregime based on the press code of conduct and civil law.Currently like the Penal code, the Somalia Civil Code is the onlylaw that deal with civil liability and relevant to liability ofthe press. But the Civil code does not provide comprehensivelegal rules to regulate civil liabilities. Likewise, the Presslaw does not establish a body responsible for implementation andenforcement of press code of conduct. Currently there is poorlydrafted and adopted press code of conduct by SomalilandJournalist Associations reflecting form the press code ofconduct principles provided in Part 5 of the Press law . However,the said press code of conduct does not provide any mechanism toenforce it. These problems in the civil code and the press codeof conduct are one reason that forced Somaliland government toopt to criminal prosecution against journalists. To further andimprove this aspect of the press law it is necessary to adoptcomprehensive legal rules to regulate and enforce civil liabilityon the press, and likewise establishing comprehensive press code

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of conduct and an independent body to enforce such code ofconduct.

9. Conclusion

Freedom of expression of ideas is of imperative for allindividuals and societies and particularly in a democraticsociety where the sovereignty resides in not the government ofthe day, but in the people through election of publicrepresentatives who shall form the state government that shouldundertake state functions in accordance with pre-establishedsocial contract. Freedom of speech and expression is praised inits contribution of establishing good and democratic government.Freedom of expression is a meaning less for any individual and asociety, if the individual is not guaranteed the right toexercise freedom of press and media that are necessary for theindividual to able to impart and communicate information andideas to others and to his/her community. Media and press areessential and necessary means for individuals to realize thebenefits of exercising their freedom of expression. In otherwords, press and media are praised not only in that they arebest means that provide a venue for individual citizens toexpress and share their opinions with one another and tocommunicate the same to the community, the but also theirimperative and permanent role in the protection of the rights ofall persons, and in the advancement of democratic traditions;whilst at the same time providing citizens opportunities toexpress informed views about the various significant issues andto state their opinions about how the affairs of the nation areconducted.

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Due to its importance to the individual human being and to thepublic at large, international society recognized freedom ofexpression including freedom of press/media as one of thefundamental human rights of the individual. UDHR and ICCPR areamong the international human rights regimes that recognized andguaranteed fundamental freedom of expression and press of theindividual. African charter on Human and peoples’ rights andEuropean convenient on protection of human rights are amongregional documents that also recognized and guaranteedindividual’s freedom of expression and press.

Somaliland Constitution, like constitutions of many other nationstates, recognized and guaranteed freedom of expression. In itsArticle 32 (1 and 3, Somaliland Constitution states that: Everycitizen shall be free to express his/her opinion in writing,orally, in print, in art or in any other form in accordance withthe law.” And that “Press and other media are part of thefundamental freedom of expression…” The constitution does notonly recognizes freedom of press and media as part and parcel ofthe fundamental freedom of expression of the individual, but alsoguaranteed the principle of independent media/press, and at thesame prohibits any act or behavior that may form suppression onthe media/press. To further individual’s freedom to press/media, SomalilandGovernment adopted a Press Law, which is the main legislationthat regulate press activities in Somaliland today. Somalilandpress Law elaborating individuals’ freedom of press defines itas: “ ..the creation of any work which affects the thoughts and opinions ofthe public at large, such as: newspapers, journals, periodicals, news agencies, radio,television, film and video, pictures, cartoons, books, music, and any other means ofmass communication”( Art. 2 of SL Press Law), and in affirming theconstitutionally guaranteed freedom of press of the individualstates: “every Somaliland citizens has a right to engage and tocarry on press activities, either solely or jointly with others”(see Art. 8 of SL Press law). And like Somaliland Citizens,foreigners are also entitled to enjoy freedom of press and mediaand to establish press or media undertaken in Somalilandterritory under the SL Press Law (See Art 28 of the Press Act).

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Furthermore, The press law reaffirms the right of any press andits agents to seek and obtain and report news and information andlikewise to acquire information from any government source ofnews and information, and to disseminate news and information andany other products of the press. And to enable press and itsagents to undertake press activities properly and without fear,the press law imposes a legal obligation on all governmentofficials and bodies to co-operate with and assist the press soas to advance the principle of the right of public to receiveinformation, and at the same the Press Law prohibits censorshipon the press and it also includes legal provision aimed atprotecting journalist form arbitrary arrest or detention or anyact of intimidation form government bodies and officials( SeeArticles 3(b and c); 8(1) and 30 SL Press Law).

As freedom of press is not an absolute, both SomalilandConstitution and the Press law provide a legal frame work thatregulate and put certain restrictions on the exercise andactivities of the press. Requirement of registration andassociated responsibilities including payment of registrationfee, responsibility to comply with press code of Conduct andprovisions restricting the content of press product are the mainissues addressed in the Somaliland Press Law. However, asdiscussed in the body of the paper, there are certain problemsthat undermine the freedom of press as guaranteed in theconstitution. Main problems facing to press today in Somalilandare those outlined below:

Lack of Comprehensive and Systematic Frame work to RegulateRegistration of the Press:

According to the Press law, Registration is a prerequisite forestablishment of press undertaking. Though requirement ofregistration under the Press law is justified forprofessionalism, it has two main problems to address: firstly,the requirement of registration applies all kind of press andincluding any other means for imparting ideas or opinions. Assuch production of information communication materials such as ofpamphlets, leaflets, posters, bill boards etc are part of theinformation communications that are the subject of the Somaliland

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Press Law. And Secondly, the registration required in the Presslaw does not take into consideration to different aspects andprocedural needs of different kind of press and media.Broadcasting and other press undertakings such as newspapers needdifferent procedure for registration that reflect fromparticularities of each. This is one of the main reasons thatSomaliland Government get difficult or otherwise deniesestablishment of private radio at the expense of the right of thepublic to obtain information they should have otherwise receive.

Lack of Independent Regulatory Body

The Constitution guaranteed the fundamental principle ofindependent press, but both the press law and current practicesof Somaliland authorities on the press establishes otherwise.Somaliland Ministry of Information and National Guidance and theOffice of the National Attorney General, which are notindependent from government of the day exercise regulatory poweron the press. These government bodies are responsible forregistration of press undertakings. According to the press Law,Press are required to observe press code of conduct it provides.But there is no legal frame work establishing an independent bodyresponsible for improvement and enforcement of such code ofconduct. Nevertheless, MoI&NG in practice exercises an authorityin suspending or revoking press registration. For instance, in2011 MoI&NG has issued an order suspending Universal TV, aforeign private TV, from operating in Somaliland. The absence ofindependent regulatory body on the press and media can hardyensures the press and its agents to function properly anddisseminate all information that are important for the public.

There are one state owned Television (SLNTV) and Radio inSomaliland. Neither SLNTV nor SL radio is established underSomaliland Press law. Both are administered and supervised underthe auspice of the MoI&NG and the Executive organ of the State.The legal and administrative frame work of these state ownedbroadcasting institutions do not meet with the fundamentalprinciple of independent press/media and, hence, can hardlyimpart information and ideas that reflect from aspiration ofSomaliland society.

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Problems in the legal Provisions Restricting on the PressActivity

As freedom of press is not absolute, current Somaliland Press lawprovides certain provisions restricting on the press and mediaactivities. Article 8 of the Press law elaborating freedom ofpress of the individual provides that: “Unless otherwiserestricted by law, any press and its agents shall have the rightto seek, obtain and report news and information and acquireinformation from any government source of news and information”.The phrase “unless otherwise restricted by law, is said refers tothe provisions criminal and civil laws applied in Somaliland. Andso Somaliland Authority enforces provisions of the Penal code tojournalist in relation to undertaking press activities. On theother hand, in its Article 10, the Press law postulates certainprovisions imposing on the press a duty observes that its productmeet with conditions stipulated therein. And this is flowed byanother provision stating that any press which infringes with theprovisions of Article 10 of the press law shall be heldaccountable to its acts on the bases of civil law applied inSomaliland and on the bases of Press code of conduct. The pressand journalist claim that press and its agents should besubjected to not penal prosecution, but should be heldaccountable in accordance with Article 10 of the Press Law.

Somaliland Government’s position regarding to prosecution ofjournalist under the current penal code is questionable fromconstitutionality point of view as explained earlier in the bodyof the paper. And likewise, the position of media and journalistreferring to the regulatory regime established in Article 10 ofthe Press code is challengeable as penal prosecution on thecertain acts of journalist such as issues affecting public orderand security is justifiable under the constitution. But theprovision of the penal code concerning state secret, public orderand security are not accountable to the freedom of press as theseprovides include vague terms that can be utilized to advancepolitical views and political platforms of the government of theday at the expense of the constitutionally guaranteed freedom ofpress.

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Absence of Comprehensive and Systematic Regulating Regimebased on Press Code of Conduct and civil laws

Though Somaliland Press Law authorizes the establishment ofself-regulating regime based on press code of Conduct and civillaws, in practice there is no any functioning system. TheSomaliland Journalist Association (SOLJA) was expected to come upand enforce comprehensive code of conduct aimed at enhancing theindependency, impartiality and accountability of the press andmedia, but SOLJA failed to establish such required system.Accordingly, it becomes something normal that in practice Pressand media product in Somaliland is highly influenced by eitherpolitical interest of certain group or commercial interests ofthe press agent or owner at the expense of the right of thepublic to obtain information that reflect from the reality on theground. Not only this, but also it is impossible today inSomaliland to hold any press or media or journalist accountableto any press or media miss conduct.

As pointed out in other section of the paper, press can hardly beheld accountable on the relevant provisions of the current civillaw in Somaliland as the current applied civil law does notprovide comprehensive and detailed rules that guide for themanagement and enforcement of proper civil liability against thepress.

The absence of comprehensive and systematic regulating regimebased on Press Code of Conduct and Civil Law, and the abovementioned issues relating to the rules limiting on the exerciseof the press form fundamental obstacle of establishing free andhealthy press and media in Somaliland. And these are the loopholes that government authorities utilize to use penalprosecution against journalist for their press product

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Arbitrary arrest or detention of Journalist by Governmentofficials

Somaliland Press Law establishes an important and necessaryprinciple for the journalist to undertake their press activitiesfreely. Article 8(1) of the Press law states: “ A journalistshall not be imprisoned for undertaking press activities unlessotherwise ordered by a competent court”. this article is intendedto prevent arbitrary arrest or detention of journalist bygovernment officials. Nevertheless, it becomes normal practicethat Journalist are arrested without court order.

Absence of Qualified Human Resource

In addition to the above stated obstacles facing to Somalilandpress and media, the presence of unqualified journalists andmedia practitioners is another problem to the sector. Likewise,the presence of unqualified judiciary and Justice Sector staff isanother obstacle defeating the establishment of free and healthypress in Somaliland. Currently there is no any human rights andconstitutional law specialists in the Somaliland judiciary systemwho are able to interpret human rights provision in theSomaliland Constitution including the right to freedom ofexpression and press. It is for this reason that both judges andprosecutors apply to the provision of the current applied Penalcode against journalists for their press related activitiesthough the Penal Code provisions are not compatible fundamentalfreedom of press as provided by the Somaliland Constitution.

10. RecommendationsTo rectify the obstacles and problems facing to the SomalilandPress and media industry, the following recommendations areforwarded.

1. Comprehensive and independent regulatory frame work:

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As pointed out current press law applies to all aspects ofmedia and it does not take into consideration differentaspects of press and media such as specific registrationrequirements for newspapers and broadcasting. Accordingly,it is necessary that SL authority should come up withlegislation providing separate licensing and registrationprocedures for press and broad casting.

On the other hand, SL needs to establish independentregulatory body that should be responsible among othersregistration of press and media as well as licensing ofjournalist, monitoring and suppressing the enforcement ofbest practices and press code of conducts;

There is a proposed bill intended to replace current SLpress Law. This draft is expected to apply journalists andpress institutions, but not broad casting. So it left thebroad casting unregulated. In addition to this the draftvested in the Ministry of Information to an authority on notonly determining the licensing of journalists andregistration of press entities but also to administer andissue rules and regulations as well as directives on wideaspects of the press and journalists. And hence, this draftis contrary to fundamental principle of independent press,and needs to be revised before it become an enforceable Act.

2. Establish Independent SL National TV and Radio Commission orAgency

Somaliland National TV and the Radio as established today donot full fill with the constitutional requirementindependency of the media and press, and hence are subjectedto both legal and political concerns Therefore, it issuggested and necessary that there should be a legislativeact establishing a statutory independent National TV andRadio Commission which should be run by Board or councilconsisting of members selected from the public through

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competitive and on merit bases, and accountable to theparliament, but not only to the president.

3. Stop using Current penal Code provision to the Journalistfor their press activities.

As outlined in the body of the paper, current penal lawprovisions applied in Somaliland to journalist for theirmedia and press related activities are not compatible withthe fundamental freedom of press and media as guaranteed inthe Somaliland Constitution. Accordingly, the study advisesto all concerned justice institutions and officials torefrain from prosecuting journalist under the present penallaws for their press related activities.

As indicated and discussed in the study, there are certainpress products that may attract penal prosecution againstthe responsible journalist. So to justify penal prosecutionagainst journalists, Somaliland authority needs to come upwith legislation clearly defining the content of pressproducts that may be criminalized. But such suggestedlegislation should qualify with the proportionalityprinciple required for any act carrying restrictions onpress or media product.

There draft legislation in which Somaliland Governmentinitiated and intended to replace current Somaliland PressAct. This Act enshrines list of prohibitions restricting thecontent of any product ( Art. 98 of Somaliland Press andPublications Bill 2007), and authorized penal prosecutionand punishment of 2 years imprisonment or fine of twentymillion Somaliland Shillings equivalent to about threethousand US Dollar against the responsible journalist. Italso authorizes the courts to order , among other measuresconfiscation of property of the concerned press or media( See Art.101 and 102 of the Bill, ibid above). The penaltyprovisions introduced in this Bill against the press isquestionable and can hardly be justified under the

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proportionality requirement, and hence, need to be reviewedbefore it is passed so as to ensure that it is compatiblewith the freedom of press as guaranteed by the Constitution.

4. Establishing independent and systematic system to enhancethe independence and accountability of the press and itsagents

If Somaliland wants to have a healthy press and mediaindustry which is free from political or commercialinfluence, it is necessary to develop comprehensive code ofconduct detailing all best practices of the press and itsagents, as well as discipline measures and clear provisionsfor initiation, investigation and disciplining pressmisconduct. To further, this it is necessary to establish anindependent body responsible for enforcing that code ofconduct.

5. Comprehensive legal rules and procedure to enforce civildamages

Press or media miss conduct may lead civil liability againstresponsible press or agent. To enable concerned individualor body to realize possible civil damages, SomalilandMovement needs to en act a legislation providingcomprehensive and detailed rules that guide for themanagement and enforcement of proper civil liability againstthe press.

6. Awareness raising on importance of press and media, rightsand obligations of the press and journalist to the public,and particularly to law enforcement and justice actors ofthe state

Lack of awareness of the freedom press, the Press law aswell as rights and obligations of the press and journalistis among the key obstacles to the Somaliland Press sector.This assertion is substantiated by the Chairperson of SOLJAwho pointed out that not only that public do not know aboutthe freedom of press, but judges in many courts in

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Somaliland do not know about the current Somaliland PressLaw. So dissemination of current Press Law and undertakingawareness raining campaign on the freedom of press isnecessary and is of imperative for Somaliland. .

7. Capacity building to the Journals association and theindividual journalist.

Journalist Associations have an important role to play inestablishing healthy press and media in Somaliland. Toenable current Journalist association to discharge theirexpected responsibility and duty in the system, it isnecessary to undertake capacity building thereto. Inproviding this support, it is first needed to conduct anassessment on the current journalist association so as todevelop and deliver comprehensive package that will satisfytheir needs.

8. Training to judiciary and Justice sector personnel

Lastly, but not the least it is called to provide freedomof press and Press applicable laws trainings to thejudges, prosecutors and police investigators as well aslegal practitioners. However, this trainings need to bedelivered in the short term. In the long term, it is neededto provide advanced human rights and press related trainingcourses to at least certain number of the judges andprosecutors as well as legal councils. Providing suchadvanced trainings will enable Somaliland judiciary andjustice sector to have qualified human resource that areable to properly applied human rights provisions and enforcepress law and regulations accordingly

1. In order to implement and adopt the above mentionssolutions and recommendations, these can not be realityunless there is a political will/commitment from governmentside and collaboration from the press. Hence, the both sides

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already confirmed their commitments, better to mention theremarks from government minister of information “it is importantfor the independent media press and the government to cooperate. He addedthat no country/this country will never improve without independentmedia/press” and that said that the information ministry entertains the peopleand the press should do so” said by the minister. Furthermore, as theypromised during the study workshop presented by the facultyand here their said comments. Remarks from Chairman ofSomaliland Journalists Association

Mr. Hassan Mohamed Yusuf

1. Remarks of the Minister of Information Mr. A/Rahman Yusuf Duale, Known Boobe,

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“It is our responsibility to advocate the rights of the journalists under the basis of their limitations” said by the chairman.

The chairman stated that January, 2012 was when media and governmentclashes took place due to the press mistakes; the government has arrestedmany journalists. “This resulted after the existing media press law was notdisseminated throughout the country”.

In his summary, the chairman highlighted that there is no conflict between thegovernment and the press/media and that SOJJA will hastily nominate adisciplinary committee who will deal with mistakes of the media as well aspreventing media suffocation by the government. He added that this workshopwill contribute a lot to the existing law for the press/media.

The Minister said that “it is important for the independent media press andthe government to cooperate. He added that no country/this country will neverimprove without independent media/press” and that said that the informationministry entertains the people and the press should do so” said by the minister. The minister added “that the freedom of expression plays paramount roles andresponsibilities on the way the community lives which is limited by social norms,legal, customary and religious practice”.

Continuing his speech, the information minister mentioned that this currentgovernment is ready to be guided and directed in order to wake up and correct itsmistakes. In addition, he finally paid tribute to the Management of the faculty of

11. Bibliography 1. Somaliland Constitution 2. Somali Penal law,legislative Degree No5, 16 Dec 19623. Criminal procedure4. Civil law 1975 5. Somaliland Press & Publications Bill 2007: Joint Press Release

document by Editors of 5 Somaliland Newspapers: 11 November 20076. Press and Publication Law No 27,2004 7. Presidential Ministrial degrees on Establishment of SLNTV.8. Article 19 Law Program web-legal anlaysis

http://www.article19.org/publications/law/legal-analyses.html.

9. Article 19: The legal Frame work for freedom of expression inEthiopia; pp. 22 - 23).

10. Key Issues in Public Service Broadcasting in Sub-Saharan Africa”, paper commissioned by the Open Society Institute, 2006. Fackson Banda

11. International Human Rights Instruments a) The Universal Declaration of Human Rights, adopted by the United

Nations in 1948b) (“the Universal Declaration”)c) The International Covenant on Civil and Political Rightsd) The International Covenant on Civil and Political Rights

(“ICCPR”) was adopted by thee) United Nations in 1966 and came into force in 1976f) The EU Convention for the Protection of Human Rights and

Fundamentalg) Freedomsh) The African Charter on Human and Peoples’ Rightsi) The African Charter on Human and Peoples’ Rights adopted by the

Organisation ofj) African Unity and later, by the African Union, entered into force

in 1986 (“the Africank) Charter”)l) The Johannesburg Principlesm) The Johannesburg Principles on National Security, Freedom of

Expression and Access

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http://www.article19.org/publications/law/legal-analyses.html

n) to Information (“the Johannesburg Principles”) were adopted inOctober 1995 convened by

o) Article 19, the International Centre against Censorship

p) Michael Bratton “Civil Society and Political Transition inAfrica”. Institute for Development Research

q) Reports. Vol 11 (6) 1994.http://worlded.org/docs/Publications/idr/pdf/11‐6.pdf (Accessed 2January 2010) At pg 2.

r) the European Court of Human Rights in its judgment in Otto-Preminger- Institut v. Austria, 20 September 1994, Application No.13470/87, at para. 49

s) Report of the Special Rapporteur, Promotion and protection of the right tofreedom of opinion andexpression, UN Doc. E/CN.4/1998/40, 28 January1998, para. 14.

12. Cases Comment of Insult and defamation by Jama, Ibrahim: Using insult

Law is an insult to Somaliland Media and public – the detentionand trail of Hatuf Journalist) www.somalilandlaws.com ).

Waaheen Saxafi News –Cases 2010-2011

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http://www.somalilandlaws.com/

Annex I. Research Tool of Focus Group Discussions

Name of Institutions # of Participants

Civil society Organizations

SONSAF, NEGAAD

9

Judiciary Members. Judges 6

Attorney General office -prosecution

4

Somaliland Lawyers Association

5

Somaliland Women Lawyers association

5

SOLJA (Somaliland Journalist association

4

Media Press publication

(Daily news papers Waaheen News

7

Ogaal, saxafi 2

Ministry of Information 7

Parliement Members (Social affairs Committee)

4

Key Informant Interviews – I

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Interviewee

Ministry of Information (Minister)

Ministry of Information staff member of Radio Hargeisa, TVs

Minority clan intellectuals

Legal aid lawyer-

Legal aid lawyer

Legal aid lawyer

SOLJA Chairperson

Nagaad representative

SONYO representative

Attorney General Office staff

Human Rights Commission member

MPs member parliament

Judiciary- judges both Regional and appellate courts

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