Manual on Freedom of Expression Law for South Sudan

This manual is intended as a reference resource for lawyers undertaking media defence work in South Sudan. It was produced by Albany Associates in the context of its press freedom programme in South Sudan, which, in partnership with Internews Network, supports local media and citizens to: advocate for and achieve a strengthened legal enabling environment for media, and defend journalists' rights in the country. The manual can also be used for training workshops on media and freedom of expression law in South Sudan.

As explained in the publication, “The manual focuses on describing international norms and principles on the right to freedom of expression by means of international, regional and comparative standards and jurisprudence, which can be used to bolster arguments in both national and international proceedings, complemented by a discussion of the laws of South Sudan that concern freedom of expression and freedom of the media.”

The manual begins by setting out the foundations of the right to freedom of expression and the grounds on which the right can be legitimately curtailed. These fall under the following thematic issues: (i) defamation, (ii) national security and terrorism, (iii) hate speech and incitement to violence, (iv) protection of sources, and (v) protecting the physical safety of journalists. The manual also discusses how the international and comparative law standards for each thematic area can be used in domestic proceedings in South Sudan. Finally, it sets out how the three regional human rights bodies in East Africa can be seized: the African Commission on Human and Peoples' Rights, the African Court on Human and Peoples' Rights, and the East African Court of Justice.

Throughout the manual, important cases are cited and relevant quotes are reproduced in full. The text is extensively referenced, so any sources that are of interest for further reading or use in litigation can be accessed. The manual also contains exercises for self-reflection or for use in a training setting.

The publication contains the following content:

• Introduction
• Freedom of Expression: Underlying Principles and Sources
• Defamation
• National Security
• Hate Speech and Incitement
• Protection of Sources
• Physical Safety of Journalists
• How Can International Human Rights Law and Comparative Case Law be Applied in National Courts?
• Taking a Press Freedom Case to the African Commission on Human and Peoples' Rights, African Court on Human and Peoples' Rights or East Africa Court of Justice
• List of Resources