The Legislative Interpretation of the Constitutional Right of Freedom of Expression in Ethiopia

Abstract

It is doubtful that many of the legislative restrictions on freedom of expression in Ethiopia
would go happily with the values and aspirations of the Constitution. The Ethiopian
legislature often enacts laws that limit the right to freedom of expression and often does so
with the alleged claims of protecting and promoting other policy objectives and interests.
This article examines the justifications given by the legislature in cases involving freedom of
expression in Ethiopia with the requirements of legality, legitimacy, and proportionality
developed elsewhere through constitutional and international human rights jurisprudence.
Although the Ethiopian legal regime on freedom of expression is now changing as new laws
are introduced, there has been little change regarding limits on freedom of expression in the
various pieces of legislation enacted so far. The article argues that the Ethiopian legislature
has yet to subscribe to the legitimate grounds of limitation of freedom of expression and to
comply with constitutional and international standards. The finding and analysis of the
paper reveals that the legislature frequently limits freedom of expression beyond what the
Constitution permits. This suggests the need for further legislative reforms concerning the
limits of freedom of expression in those laws under consideration. To this end, it is
suggested that the adoption of a proportionality analysis will result in a better legislative
and judicial interpretation of laws.