The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 27
Paragraph
Paragraph text
Tensions also exist between the right to privacy and the right to freedom of expression, for example, when information considered to be private is disseminated through the media. In this sense, article 19 (3) provides for restrictions on freedom of expression and information to protect the rights of others. However, as it happens for all permissible limitations to the right to freedom of expression (see below), the principle of proportionality must be strictly observed, since there is otherwise danger that freedom of expression would be undermined. Particularly in the political arena, not every attack on the good reputation of politicians must be permitted, since freedom of expression and information would otherwise be stripped of their crucial importance for the process of forming political opinions, advocating for transparency and combating corruption The international jurisprudence at regional level indicates that in situations of conflict between privacy and freedom of expression, reference should be made to the overall public interest on the matters reported.
Legal status
Non-negotiated soft law
Body
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
Civil & Political Rights
Equality & Inclusion
Governance & Rule of Law
Person(s) affected
All
Year
2013
Paragraph type
Other
Reference
SR Freedom of Opinion, Report to the HRC (2013), A/HRC/23/40, para. 27.