Human Rights Council
Resolution 7/36.
Mandate of the Special Rapporteur on the
promotion and protection of the right to freedom of
opinion and expression
The Human Rights Council,
Guided by the Universal Declaration of Human Rights, which affirms the right
to freedom of opinion and expression,
Mindful of the International Covenant on Civil and Political Rights, which
reaffirms, in article 19, the right of everyone to hold opinions without interference, as
well as the right to freedom of expression, including the 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 their choice and
noting that these rights and freedoms are among those which give meaning to the right
to participate effectively in a free society,
Mindful also that article 19 of the International Covenant on Civil and Political
Rights provides that the exercise of the right to freedom of expression carries with it
special duties and responsibilities and may therefore be subject to certain restrictions,
but that these shall be only such as are provided by law and are necessary for respect
of the rights or reputations of others, or for the protection of national security or of
public order (ordre public), or of public health and morals, and that article 20
provides that any propaganda for war or advocacy of national, racial or religious
hatred that constitutes incitement to discrimination, hostility or violence shall be
prohibited by law,
Reaffirming resolution 2005/38 on freedom of opinion and expression adopted
by the Commission on Human Rights on 19 April 2005, and recalling all its previous
resolutions on this issue,
Recognizing that the exercise of the right to freedom of opinion and expression
is one of the essential foundations of a democratic society; is enabled by a democratic