Contemporary challenges to freedom of expression 2016, para. 17

Paragraph
Paragraph text
Article 19 (3) requires the State to demonstrate that the tools chosen to achieve a legitimate objective are necessary and proportionate to protect the rights or reputations of others or national security, public order, or public health or morals. Necessity and proportionality also apply to prohibitions under article 20 of the Covenant (see Human Rights Committee, general comment No. 34, paras. 50-52). The State must establish a direct and immediate connection between the expression and the threat said to exist (ibid., para. 35). Restrictions must target a specific objective and not unduly intrude upon other rights of targeted persons, and the ensuing interference with third parties' rights must be limited and justified in the light of the interest supported by the intrusion (see A/HRC/29/32, para. 35). The restriction must be the least intrusive instrument among those which might achieve the desired result (see Human Rights Committee, general comment No. 34, para. 34).
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)
  • Equality & Inclusion
  • Governance & Rule of Law
  • Health
Person(s) affected
  • All
Year
2016
Paragraph type
Other
Reference
SR Freedom of Opinion, Report to the UNGA (2016), A/71/373, para. 17.
Paragraph number
17