Nineteenth session (1983)
General comment No. 10: Article 19 (Freedom of opinion)
1.
Paragraph 1 requires protection of the “right to hold opinions without interference”. This is
a right to which the Covenant permits no exception or restriction. The Committee would welcome
information from States parties concerning paragraph 1.
2.
Paragraph 2 requires protection of the right to freedom of expression, which includes not
only freedom to “impart information and ideas of all kinds”, but also freedom to “seek” and
“receive” them “regardless of frontiers” and in whatever medium, “either orally, in writing or in print,
in the form of art, or through any other media of his choice”. Not all States parties have provided
information concerning all aspects of the freedom of expression. For instance, little attention has so
far been given to the fact that, because of the development of modern mass media, effective
measures are necessary to prevent such control of the media as would interfere with the right of
everyone to freedom of expression in a way that is not provided for in paragraph 3.
3.
Many State reports confine themselves to mentioning that freedom of expression is
guaranteed under the Constitution or the law. However, in order to know the precise regime of
freedom of expression in law and in practice, the Committee needs in addition pertinent information
about the rules which either define the scope of freedom of expression or which set forth certain
restrictions, as well as any other conditions which in practice affect the exercise of this right. It is the
interplay between the principle of freedom of expression and such limitations and restrictions which
determines the actual scope of the individual’s right.
4.
Paragraph 3 expressly stresses that the exercise of the right to freedom of expression carries
with it special duties and responsibilities and for this reason certain restrictions on the right are
permitted which may relate either to the interests of other persons or to those of the community as
a whole. However, when a State party imposes certain restrictions on the exercise of freedom of
expression, these may not put in jeopardy the right itself. Paragraph 3 lays down conditions and it is
only subject to these conditions that restrictions may be imposed: the restrictions must be “provided
by law”; they may only be imposed for one of the purposes set out in subparagraphs (a) and (b) of
paragraph 3; and they must be justified as being “necessary” for that State party for one of those
purposes.
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