Neco 2019 Civic Education Question 21

Consider the following scenario: In Country X, the constitution guarantees the right to freedom of expression, but allows it to be limited if the limitation is (i) prescribed by law, (ii) pursues a legitimate aim, and (iii) is necessary in a democratic society. A new law criminalises any public speech that "incites hatred against a protected group" and imposes a fine of ₦50,000. The law defines "incitement" as any statement that "creates hostility towards the group". A journalist publishes an article criticising the political influence of that group without calling for violence. Is the journalist's prosecution under the new law permissible under the constitutional test for reasonable limitation of freedom of expression? Justify your answer.