Judgment No CCZ 2/14 15 Const. Application No CCZ 78/12 Communication No. 1815/2008, adopted on 26 October 2011 at its 103 rd session, the Committee found as follows, at paras. 7.7 to 7.10: “The Committee takes note of the author’s allegation that his conviction for defamation under the Philippine Penal Code constitutes an illegitimate restriction of his right to freedom of expression because it does not conform to the standards set by article 19, paragraph 3, of the Covenant. The author maintains, in particular, that the criminal sanction of imprisonment established by the Philippine Revised Penal Code for libel is neither necessary nor reasonable …. Article 19, paragraph 3, lays down specific conditions and it is only subject to these conditions that restrictions may be imposed, i.e. the restrictions must be provided by law; they may only be imposed for one of the grounds set out in subparagraphs (a) and (b) of paragraph 3; and they must conform to the strict tests of necessity and proportionality …. In light of the above, the Committee considers that, in the present case the sanction of imprisonment imposed on the author was incompatible with article 19, paragraph 3, of the Covenant.” Turning to the regional sphere, the African Commission on Human and Peoples’ Rights, in Resolution 169 adopted on 24 November 2010, condemns criminal defamation in the specific context of journalism and the media, by emphasising that: “criminal defamation laws constitute a serious interference with freedom of expression and impedes on [sic] the role of the media as a watchdog, preventing journalists and media practitioners to practice [sic] their profession without fear and in good faith;” Accordingly, the Commission calls upon States Parties to the African Charter on Human and Peoples’ Rights: “to repeal criminal defamation laws or insult laws which impede freedom of speech, and to adhere to the provisions of freedom of expression, articulated in the African Charter, the Declaration, and other regional and international instruments.”