The African Commission on Human and Peoples’ Rights (the Commission), meeting at its 86th Ordinary Session, held virtually from 23 February to 09 March 2026;
Recalling its mandate to promote and protect human and peoples’ rights under the African Charter on Human and Peoples’ Rights (the African Charter);
Recalling Article 9 of the African Charter on Human and Peoples’ Rights (the African Charter), which guarantees the right to receive information and to express and disseminate opinions within the law;
Mindful of Article 17(2) of the African Charter, which recognizes the right of every individual to freely take part in the cultural life of their community;
Reaffirming the principles enshrined in the African Union’s Charter for African Cultural Renaissance calling on States to provide assistance to artistic creation and expression;
Recalling Article 19 of the International Covenant on Civil and Political Rights, which guarantees the right to freedom of expression, and Article 15 of the International Covenant on Economic, Social and Cultural Rights, which recognizes the right of everyone to take part in cultural life and to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author;
Recalling further the Declaration of Principles on Freedom of Expression and Access to Information in Africa (the Declaration) which affirms that freedom of expression and access to information are fundamental and inalienable human rights;
Cognizant of Resolution ACHPR/Res.169(XLVIII)2010 on Repealing Criminal Defamation Laws in Africa which recognizes that criminal defamation laws constitute a serious interference with freedom of expression, and calls on States Parties to repeal criminal defamation laws or insult laws which impede freedom of speech;
Reaffirming that artistic expression is a vital form of communication which is protected under Article 9 of the African Charter;
Recognizing the importance of digital platforms in enabling artistic expression and the need to ensure that online spaces remain open, safe, and accessible for artists and audiences alike;
Recognizing further the vital role of artists, cultural practitioners, and creative professionals in fostering democratic dialogue, social cohesion, and the preservation of Africa’s cultural heritage;
Concerned by reports of censorship, intimidation, arbitrary arrests, and other forms of repression targeting artists, cultural professionals, creative content creators and disseminators of artistic creativity on the continent;
Further concerned by the misuse of public order, cybersecurity, morality, religious, terrorism, and broader national security laws to unduly restrict artistic expression, particularly where such restrictions are inconsistent with the principles of legality, necessity, and proportionality as guided by international human rights law, standards and practice, and as set out in Principle 9 of the Declaration;
The Commission
1. Calls on States Parties to:
i. Respect, protect and promote the right to artistic freedom of expression and ensure that creators and disseminators of artistic creativity are protected from arbitrary acts of censorship, harassment, prosecution or detention for legitimately exercising their right to freedom of expression;
ii. Review and, where necessary, amend laws, regulations, and administrative practices that unduly restrict artistic expression, ensuring that any limitations comply with the principles of legality, necessity, and proportionality;
iii. Adopt and implement policies that promote cultural diversity, support artistic innovation, and safeguard the independence of cultural institutions;
iv. Ensure that all organs of the State and arms of Government tasked with the regulation of artists, cultural professionals, creative content creators, and artistic content are sensitized to the importance of artistic freedom and trained to exercise their mandate in accordance with human rights standards;
v. Refrain from imposing blanket restrictions on digital content or platforms used by artists, content creators;
vi. Develop mechanisms for monitoring and reporting violations of artistic freedom, to bring perpetrators to account, and provide victims of violations access to justice and appropriate remedies.
2. Calls upon the Special Rapporteur on Freedom of Expression and Access to Information in Africa to:
i. Engage with States and other stakeholders on measures to strengthen the protection of artistic freedom on the continent, including through the development of measures that respond timely to artistic freedom violations;
ii. Develop a Model Law on Artistic Freedom in Africa to guide States Parties in aligning national legislation with regional and international human rights standards.
Done virtually on 09 March 2026
