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Protection of journalists and press freedom 2010, para. 74
- Paragraph text
- On 13 July 2010, the Special Rapporteur issued a press statement regarding draft law 1415 of Italy on surveillance and eavesdropping for criminal investigations, whose provisions proposed the introduction of amendments to the penal code. The Special Rapporteur expressed his concern at the fact that, according to the draft provisions, anyone who was not accredited as a professional journalist could be sentenced to imprisonment for up to four years for recording any communication or conversation without the consent of the person involved and publicizing such information. He stated that such a severe penalty would seriously undermine all individuals' right to seek and impart information.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Protection of journalists and press freedom 2010, para. 34
- Paragraph text
- The Special Rapporteur would like to reiterate that under international human rights law, as stipulated in, inter alia, article 2 of the International Covenant on Civil and Political Rights, States have the obligation to respect and to ensure to all individuals within its territory and subject to its jurisdiction the right to freedom of opinion and expression. The obligation to respect entails that States must refrain from restricting the exercise of all individuals' right to freedom of opinion and expression, unless certain criteria under article 19(3) of the Covenant are met, as elaborated below. The obligation to ensure the right constitutes a positive duty to: (a) protect individuals against acts committed by non-State actors and (b) fulfil, or facilitate the enjoyment of, the right.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 79h (iii)
- Paragraph text
- [The Special Rapporteur proposes the following principles for determining the conditions that must be satisfied in order for a limitation or restriction on freedom of expression to be permissible:] Certain very specific limitations are legitimate if they are necessary in order for the State to fulfil an obligation to prohibit certain expressions on the grounds that they cause serious injury to the human rights of others. These include the following: Article 4 (a) of the International Convention on the Elimination of All Forms of Racial Discrimination, which establishes the requirement to "declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin";
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 79h (iv)
- Paragraph text
- [The Special Rapporteur proposes the following principles for determining the conditions that must be satisfied in order for a limitation or restriction on freedom of expression to be permissible:] Certain very specific limitations are legitimate if they are necessary in order for the State to fulfil an obligation to prohibit certain expressions on the grounds that they cause serious injury to the human rights of others. These include the following: Article III (c) of the Convention on the Prevention and Punishment of the Crime of Genocide, which states that "direct and public incitement to commit genocide" shall be punishable;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 79k
- Paragraph text
- [The Special Rapporteur proposes the following principles for determining the conditions that must be satisfied in order for a limitation or restriction on freedom of expression to be permissible:] Any restriction or limitation must be consistent with other rights recognized in the Covenant and in other international human rights instruments, as well as with the fundamental principles of universality, interdependence, equality and non-discrimination as to race, colour, sex, language, religion, political or other belief, national or social origin, property, birth or any other status;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 79h (i)
- Paragraph text
- [The Special Rapporteur proposes the following principles for determining the conditions that must be satisfied in order for a limitation or restriction on freedom of expression to be permissible:] Certain very specific limitations are legitimate if they are necessary in order for the State to fulfil an obligation to prohibit certain expressions on the grounds that they cause serious injury to the human rights of others. These include the following: Article 20 of the Covenant, which establishes that "any propaganda for war" and "any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law";
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Protection of journalists and press freedom 2010, para. 33
- Paragraph text
- The right of all individuals to freedom of opinion and expression is stipulated in article 19 of the Universal Declaration of Human Rights and article 19(2) of the International Covenant on Civil and Political Rights, which states that "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice". The Special Rapporteur notes that 166 States, or the majority of the States Members of the United Nations, have ratified the International Covenant on Civil and Political Rights, while 72 States are signatories.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 79j
- Paragraph text
- [The Special Rapporteur proposes the following principles for determining the conditions that must be satisfied in order for a limitation or restriction on freedom of expression to be permissible:] In states of emergency which threaten the life of the nation and which have been officially proclaimed, States are permitted to temporarily suspend certain rights, including the right to freedom of expression. However, such suspensions shall be legitimate only if the state of emergency is declared in accordance with article 4 of the Covenant and general comment No. 29 of the Human Rights Committee. A state of emergency may not under any circumstances be used for the sole aim of restricting freedom of expression and preventing criticism of those who hold power;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 30
- Paragraph text
- The Special Rapporteur reiterates that restrictions must be formulated in a way that makes clear that its sole purpose is to protect individuals from hostility, discrimination or violence, rather than to protect belief systems, religions or institutions as such from criticism. The right to freedom of expression implies that it should be possible to scrutinize, openly debate and criticize, even harshly and unreasonably, ideas, opinions, belief systems and institutions, including religious ones, as long as this does not advocate hatred that incites hostility, discrimination or violence against an individual or a group of individuals.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
- Date modified
- Feb 13, 2020
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 37
- Paragraph text
- The four types of expression examined above (III.A) fall under the first category of the types of expression that constitute offences under international criminal law and/or international human rights law and which States are required to prohibit at the domestic level. However, as they all constitute restrictions to the right to freedom of expression, they must also comply with the three-part test of prescription by: unambiguous law; pursuance of a legitimate purpose; and respect for the principles of necessity and proportionality.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2011
- Date modified
- Feb 13, 2020
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 56
- Paragraph text
- Freedom of opinion and expression and access to communication are tools that can contribute to the eradication of poverty. By exercising this right, poor social groups can obtain information, assert their rights and participate in the public debate concerning social and political changes that would improve their situation. Access to communication is also fundamental to economic and social development because it enables communities to obtain the information they need to run their own activities. Governments should therefore ensure access to communication, in general, and to electronic means of communications, in particular, in order to combat poverty.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 29
- Paragraph text
- As highlighted in joint papers for a series of expert workshops on the prohibition of incitement to national, racial or religious hatred organized by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in 2011, the Special Rapporteur remains concerned by the vague formulation of some domestic legal provisions that prohibit incitement. These include combating "incitement to religious unrest", "promoting division between religious believers and non-believers", "defamation of religion", "inciting to violation", "instigating hatred and disrespect against the ruling regime", "inciting subversion of state power" and "offences that damage public tranquillity". Such vague and broad terms clearly do not meet the criterion of legal clarity.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
- Date modified
- Feb 13, 2020
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 33
- Paragraph text
- If mechanisms to promote the right of access to public information are lacking, then the members of society will not be informed or able to participate, and decision-making will not be democratic. Consequently, the Special Rapporteur urges Governments to adopt legislation to ensure access to public information and to establish specific mechanisms for that purpose. He therefore welcomes the initiative of the United Mexican States to set up the Federal Institute of Access to Public Information (IFAI) as an independent national body.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 29
- Paragraph text
- Furthermore, freedom of opinion and expression, although an individual right in the broadest sense of its enjoyment, is also a collective right. It endows social groups with the ability to seek and receive different types of information from a variety of sources and to voice their collective views. This freedom extends to mass demonstrations of various kinds, including the public expression of spiritual or religious beliefs or of cultural values. It is also a right of different peoples, who, by virtue of the effective exercise of this right, may develop, raise awareness of, and propagate their culture, language, traditions and values.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 57
- Paragraph text
- Recalling the Colombo Declaration of 2006 on media, development and poverty eradication, which states in paragraph 1: "Freedom of expression should be made available to all. It requires effective local participation to empower individuals and groups to address poverty, hunger, disease, discrimination, vulnerability, social exclusion, environmental degradation and education." The Declaration also calls on Governments to "expand the reach of information and communication technologies especially to poor and marginalized populations".
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 65
- Paragraph text
- The final declaration of the Durban Review Conference made an important contribution to our understanding of the role of freedom of expression in combating discrimination and racism, highlighting, in paragraph 58 of the outcome document, "that the right to freedom of opinion and expression constitutes one of the essential foundations of a democratic, pluralistic society and stresses further the role these rights can play in the fight against racism, racial discrimination, xenophobia and related intolerance worldwide". In this regard the Special Rapporteur encourages all Governments to develop a culture of peace based on information, the free exchange of ideas and knowledge, dialogue and tolerance between cultures in order to promote respectful intercultural relations and to break down existing stereotypes and prejudices.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 28
- Paragraph text
- There are two key elements of the type of expression that is prohibited under article 20, paragraph 2, of the International Covenant: first, only advocacy of hatred is covered, and second, it must constitute incitement to one of the three listed results. Thus, advocacy of national, racial or religious hatred is not a breach of article 20, paragraph 2, of the Covenant on its own. Such advocacy becomes an offence only when it also constitutes incitement to discrimination, hostility or violence; in other words, when the speaker seeks to provoke reactions (perlocutionary acts) on the part of the audience, and there is a very close link between the expression and the resulting risk of discrimination, hostility or violence. In this regard, context is central to the determination of whether or not a given expression constitutes incitement.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
- Date modified
- Feb 13, 2020
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 39
- Paragraph text
- In addition, the Human Rights Committee has affirmed that any "restrictions on the operation of websites, blogs or any other Internet-based, electronic or other such information dissemination system, including systems to support such communication, such as Internet service providers or search engines, are only permissible to the extent that they are compatible with paragraph 3 [of article 19]. Permissible restrictions generally should be content-specific; generic bans on the operation of certain sites and systems are not compatible with paragraph 3. It is also inconsistent with paragraph 3 to prohibit a site or an information dissemination system from publishing material solely on the basis that it may be critical of the government or the political social system espoused by the government".
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Date modified
- Feb 13, 2020
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 45
- Paragraph text
- In addition to the availability of relevant content online which is free of censorship, the Special Rapporteur also notes the importance of ensuring that individuals possess the necessary skills to make full use of the Internet, or what is often referred to as "digital literacy". The Special Rapporteur encourages States to provide support for training in information and communications technology (ICT) skills, which can range from basic computer skills to creating web pages. In terms of the right to freedom of expression, course modules should not only clarify the benefits of accessing information online, but also of responsibly contributing information, which can also contribute to combating the third type of expression mentioned above.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
- Date modified
- Feb 13, 2020
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 66
- Paragraph text
- To overcome these barriers, it is particularly important for States to play a proactive role, for example, by making the Internet more affordable, and by allowing as many people as possible to have Internet access at home while at the same time ensuring public access for people in rural areas and for people with low income levels. States can use their regulatory powers in circumstances where competition is limited, as a way to limit costs. States should also consider the possibility of subsidizing Internet services and the necessary hardware to facilitate access to the poorest sectors of the population.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
- Date modified
- Feb 13, 2020
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 34
- Paragraph text
- An important aspect of access to public information is access to historical information and archives and to information on current procedures that may shed light on human rights violations. Such access allows victims to exercise their right to truth, bearing in mind that the truth is the first step towards the right to justice and then the right to compensation, which are fundamental rights of victims. Victims not only have the right to establish the truth: why, how and who violated their human rights; they also have the right to make it public if they so wish, and this is particularly the case when they wish to honour the memory of those whose right to life has been violated.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 85
- Paragraph text
- On this basis, and recalling the Joint Declaration issued by the International Mechanisms for Promoting Freedom of Expression in 2008: "The concept of 'defamation of religions' does not accord with international standards regarding defamation, which refer to the protection of the reputation of individuals, while religions, like all beliefs, cannot be said to have a reputation of their own." The Special Rapporteur reiterates that, in his point of view, it is conceptually incorrect to present the issue of "defamation of religions" in an abstract manner as a conflict between the right to freedom of religion and belief and the right to freedom of opinion and expression.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 58
- Paragraph text
- In this context, the independent expert on the question of human rights and extreme poverty asserted that "[e]ffective and meaningful participation by people living in poverty requires that a broad set of rights are respected, protected and fulfilled, including freedom of expression […] In practice, this requires the establishment of specific mechanisms and arrangements at different levels to ensure that there are ways in which those living in poverty have a voice and play an effective part in the life of the community".
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 38
- Paragraph text
- Accordingly, the Special Rapporteur considers that, in order to achieve the Millennium Development Goals, the right of access to electronic communications and freedom of opinion and expression in general must be guaranteed. It is therefore necessary to reduce the digital divide and the gap in technological progress between developed and developing nations, in line with the recommendations contained in the Millennium Declaration (General Assembly resolution 55/2, para. 20). In particular, target 5 of goal 8 states: "in cooperation with the private sector, make available the benefits of new technologies, especially information and communications".
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 61
- Paragraph text
- Although access to the Internet is not yet a human right as such, the Special Rapporteur would like to reiterate that States have a positive obligation to promote or to facilitate the enjoyment of the right to freedom of expression and the means necessary to exercise this right, which includes the Internet. Moreover, access to the Internet is not only essential to enjoy the right to freedom of expression, but also other rights, such as the right to education, the right to freedom of association and assembly, the right to full participation in social, cultural and political life and the right to social and economic development.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
- Date modified
- Feb 13, 2020
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 74
- Paragraph text
- Article 19, paragraph 3, of the International Covenant on Civil and Political Rights sets out three factors that should be taken into account when assessing whether restrictions are permissible: (a) they must be provided for by law; (b) they must be necessary; and (c) they must pursue one of the legitimate aims set forth in the article, i.e. (i) the respect of the rights or reputations of others; (ii) the protection of national security or public order (ordre public); or (iii) the protection of public health or morals. In addition, in its article 20, paragraph 2, the Covenant states that "any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law".
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 27
- Paragraph text
- The importance of the right to freedom of opinion and expression for the development and reinforcement of truly democratic systems lies in the fact that this right is closely linked to the rights to freedom of association, assembly, thought, conscience and religion, and participation in public affairs. It symbolizes, more than any other right, the indivisibility and interdependence of all human rights. As such, the effective enjoyment of this right is an important indicator with respect to the protection of other human rights and fundamental freedoms.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 72
- Paragraph text
- Although the right to freedom of expression is important for democracy and the exercise of other rights, as highlighted in section A, this right is not absolute. International law, and most national constitutions, recognize that the exercise of the right to freedom of expression carries with it special duties and responsibilities and may be restricted in certain exceptional circumstances. The right to freedom of opinion, on the other hand, is a right to which the Covenant permits no exception or restriction, as stated, inter alia, in general comment No. 10 of the Human Rights Committee.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 65
- Paragraph text
- There are a number of factors that pose challenges to ensuring Internet access at the national level. For example, in many countries, the Internet market, and particularly the backbone infrastructure and international gateway, remain under the monopoly of one or very few telecommunications operators. Furthermore, both limited competition and scarce international Internet bandwidth tend to keep prices for Internet access high and often unaffordable in the area of fixed broadband access. Moreover, the relatively high cost of accessing the Internet and the purchase of basic equipment makes it impossible for many people to have Internet access at home, with public access the only way to go online.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Date modified
- Feb 13, 2020
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 40
- Paragraph text
- Moreover, given the importance of the right to freedom of expression and free flow of information as a foundation for every free and democratic society, the Special Rapporteur underscores that all other types of expression that are not mentioned above should not be criminalized, including defamation laws aimed at protecting the reputation of individuals, as criminalization can be counter-effective and the threat of harsh sanctions exert a significant chilling effect on the right to freedom of expression. Furthermore, the Special Rapporteur reiterates the view that for the types of expression that do not rise to criminal or civil sanctions, but still raise concerns in terms of civility and respect for others, effort should be focused on addressing the root causes of such expression, including intolerance, racism and bigotry by implementing strategies of prevention.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Date modified
- Feb 13, 2020
Paragraph