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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 added
- Aug 19, 2019
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 added
- Aug 19, 2019
Paragraph
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 added
- Aug 19, 2019
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 added
- Aug 19, 2019
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 added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 83
- Paragraph text
- The Special Rapporteur believes that any attempt to criminalize freedom of expression as a means of limiting or censuring that freedom must be resisted. He therefore encourages all efforts to decriminalize acts considered to be acts of defamation and to make civil liability proceedings the sole form of redress for complaints of damage to reputation. However, civil penalties for defamation should not be so heavy as to block freedom of expression and should be designed to restore the reputation harmed, not to compensate the plaintiff or to punish the defendant; in particular, pecuniary awards should be strictly proportionate to the actual harm caused, and the law should give preference to the use of non-pecuniary remedies, including, for example, apology, rectification and clarification.
- 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 added
- Aug 19, 2019
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 added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 31
- Paragraph text
- The Human Rights Committee has emphasized the importance of the right of citizens to be informed of the activities of public officials and to have access to information that will enable them to participate in political affairs. In a democracy, the right of access to public information is fundamental in ensuring transparency. In order for democratic procedures to be effective, people must have access to public information, defined as information related to all State activity. This allows them to take decisions; exercise their political right to elect and be elected; challenge or influence public policies; monitor the quality of public spending; and promote accountability. All of this, in turn, makes it possible to establish controls to prevent the abuse of 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
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 32
- Paragraph text
- Governments should take the necessary legislative and administrative measures to improve access to public information for everyone. There are specific legislative and procedural characteristics that any access-to-information policy must have, including: observance of the principle of maximum disclosure; the presumption of the public nature of meetings and key documents; broad definitions of the type of information that is accessible; reasonable fees and time limits; independent review of refusals to disclose information; and sanctions for noncompliance.
- 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
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
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 added
- Aug 19, 2019
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 added
- Aug 19, 2019
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 added
- Aug 19, 2019
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 added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 124
- Paragraph text
- It is recommended that States, the media and financial institutions implement the recommendations set forth in the Colombo Declaration, which are aimed at strengthening the freedom of expression of marginalized sectors of society and their access to media of their own, including electronic media, with a view not only to promoting freedom of expression and democracy but also to combating poverty and meeting the Millennium Development Goals. It is also recommended that States establish a special fund to subsidize access (which requires both connectivity and the necessary equipment) to electronic media for all sectors.
- 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 added
- Aug 19, 2019
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 added
- Aug 19, 2019
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. 36
- Paragraph text
- That being the case, in addition to the prohibition of incitement to terrorism in domestic legislation, the Special Rapporteur notes that, at a practical level, a more effective strategy than attempting to restrict materials deemed to incite terrorism may be to use the Internet as a positive means of countering such incitement. Participants at the Riyadh Conference on the Use of the Internet to Counter the Appeal of Extremist Violence recommended, inter alia, that counter-narratives should be disseminated through all relevant media channels, including on social networking websites, to counter the appeal of extremist messages.
- 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
- Year
- 2011
- Date added
- Aug 19, 2019
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 added
- Aug 19, 2019
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 added
- Aug 19, 2019
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 added
- Aug 19, 2019
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 added
- Aug 19, 2019
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. 79
- Paragraph text
- The general rule should be to maintain openness and the free flow of information over the Internet, with limitations, which should conform to the criteria established under international human rights law, as the exception. To protect the right to freedom of expression from undue restrictions, the Special Rapporteur has attempted to distinguish the types of expression: (a) which constitute an offence under international law and which States are required to prohibit; (b) which are not criminally punishable but may justify a civil suit; and (c) which do not give rise to criminal or civil sanctions, but still raise concerns in terms of tolerance, civility and respect for others. Each category poses different issues of principle, and thus requires different legal responses, as highlighted below.
- 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 added
- Aug 19, 2019
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. 10
- Paragraph text
- The Internet has become a vital communications medium which individuals can use to exercise their right to freedom of expression, or the right to seek, receive and impart information and ideas of all kinds, regardless of frontiers, as guaranteed under articles 19 of both the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Like no other communications medium before it, the Internet allows individuals to communicate instantaneously and inexpensively, and it has had a dramatic impact on the way information and ideas are shared and accessed, and on journalism itself.
- 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 added
- Aug 19, 2019
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. 12
- Paragraph text
- Despite the potential for the Internet to be misused in illegal activities, the Special Rapporteur believes that the Internet can primarily be used as a positive tool to increase transparency over the conduct of those in power, access diverse sources of information, facilitate active citizen participation in building democratic societies and counter authoritarian regimes, as demonstrated by the "Arab spring". Hence, the Special Rapporteur would like to reiterate that, as a general rule, there should be as little restriction as possible to the flow of information on the Internet, except under a few, very exceptional and limited circumstances prescribed by international law for the protection of other human rights.
- 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
- 2011
- Date added
- Aug 19, 2019
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. 14
- Paragraph text
- The Special Rapporteur reiterates that the framework of international human rights law, in particular the provisions relating to the right to freedom of expression, continues to remain relevant and applicable to the Internet. Indeed, by explicitly providing that everyone has the right to freedom of expression through any media of choice, regardless of frontiers, articles 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights were drafted with the foresight to include and accommodate future technological developments through which individuals may exercise this 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
- 2011
- Date added
- Aug 19, 2019
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. 15a
- Paragraph text
- [Hence, the types of information or expression that may be restricted under international human rights law in relation to offline content also apply to online content. Similarly, any restriction applied to the right to freedom of expression exercised through the Internet must also comply with international human rights law, including the following three-part, cumulative criteria:] Any restriction must be provided by law, which must be formulated with sufficient precision to enable an individual to regulate his or her conduct accordingly and must be made accessible to the public;
- 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 added
- Aug 19, 2019
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. 15b
- Paragraph text
- [Hence, the types of information or expression that may be restricted under international human rights law in relation to offline content also apply to online content. Similarly, any restriction applied to the right to freedom of expression exercised through the Internet must also comply with international human rights law, including the following three-part, cumulative criteria:] Any restriction must pursue one of the legitimate grounds for restriction set out in article 19, paragraph 3, of the International Covenant, namely (i) respect of the rights or reputation of others; or (ii) the protection of national security or of public order, or of public health or morals;
- 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
- Health
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
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. 16
- Paragraph text
- The Special Rapporteur welcomes the recently adopted general comment No. 34 of the Human Rights Committee on article 19 of the International Covenant, which underscores that when a State invokes a legitimate ground for restriction of the right to freedom of expression, it must demonstrate in specific and individualized fashion the precise nature of the threat, the necessity and the proportionality of the specific action taken, in particular by establishing a direct and immediate connection between the expression and the threat.
- 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
- 2011
- Date added
- Aug 19, 2019
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. 17
- Paragraph text
- The Special Rapporteur also deems it appropriate to reiterate that the restriction must not put in jeopardy the right itself, and the relationship between right and restriction and between norm and exception must not be reversed. In addition, any legislation restricting the right to freedom of expression must be applied by a body that is independent of any political, commercial or other unwarranted influences in a manner which is neither arbitrary nor discriminatory, and with adequate safeguards against abuse, including the possibility of challenge and remedy against its abusive application.
- 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 added
- Aug 19, 2019
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. 24
- Paragraph text
- Since the first conviction for the crime of incitement to commit genocide in 1998, this subject has become the focus of a substantial new body of jurisprudence. There are three defining requirements of the crime: it must be direct, public and committed with specific intent (mens rea). The International Criminal Tribunal for Rwanda has interpreted "direct and public" to include many forms of communication, by stating that "direct and public incitement must be defined … as directly provoking the perpetrator(s) to commit genocide, whether through speeches, shouting or threats uttered in public places or at public gatherings, or through the sale or dissemination, offer for sale or display of written material or printed matter in public places or at public gatherings, or through the public display or placards or posters, or through any other means of audiovisual communication".
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 20c
- Paragraph text
- [Indeed, the Internet has become a key means by which individuals can exercise their right to freedom of opinion and expression, as guaranteed by article 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The latter provides that:] The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
- 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 added
- Aug 19, 2019
Paragraph