27 The laws which govern the media in Burundi 3 adequately show that this right is respected. The Constitution of the Republic of Burundi in its Article 31 stipulates that: «The freedom of expression is guaranteed. The State respects the freedom of religion, of thought, of conscience and of opinion. » 9.3. The responsibility of the Media sanctioned by the laws on the Freedom of the Press The International Convention on Civil and Political Rights outlines in its Article 20 the acts which should in any case be prohibited by law. These are any propaganda promoting war and all incitement to national, racial or religious hatred constituting an invitation to discrimination, hostility or violence. For its part the African Charter on Human and Peoples’ Rights recognizes in its Article 9, paragraph 2, the right to express and disseminate one’s opinions but within the context of the laws and regulations. Article 31 of the country’s fundamental law recognizes that every individual has the right to the freedom of opinion and of expression, but it should be with respect for public law and order and for the law. Likewise, Article 2 of the law governing the media declares the principle of the freedom of the press but lists out a certain number of restrictions. Thus pursuant to Article 10 of the media law, « the Journalist is obligated to refrain from publishing in the Newspaper or from disseminating in an audiovisual broadcast or in any other press organ, information that is liable to violate: - National Unity; - Public Law and Order and Security; - Ethics and public decency; - Human honour and dignity; - National sovereignty; - Individuals’ private life ». Likewise, according to Article 11 of the media law, « the right to disseminate or to publish documents cannot be invoked where the former relate to: - Secrets of national defence, of public currency and credit, of the security of the State and of Public Security; - Secrets of private life including personal and medical dossiers; - Secrets of judicial inquiry at the pre-judgement stage ». 3 Law N° 1/025 of 27 November 2003 governing the Media in Burundi.

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