07/05/2023
The freedom of expression and opinion is a complex right that includes the freedom to seek, receive and impart information and ideas of all kinds through any media. The exercise of this right ‘carries with it special duties and responsibilities’ (Article 19 ICCPR and Article 10 ECHR). Therefore, in general, certain restrictions or limitations on the freedom of expression are permitted under human rights law. Thus, Article 20(2) of the ICCPR requires states parties to prohibit ‘advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.’ CERD also requires states parties to prohibit certain hostile expressions. Article 19 ICCPR stipulates that these limitations ‘shall only be such as are provided by law and are necessary: a) for respect of the rights or reputations of others; b) for the protection of national security or public order (ordre public), or of public health or morals’. Other Conventions add to these limitations: ‘for the moral protection of childhood and adolescence’ (Article 13(4) ACHR) and for the restriction of any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitements to lawless violence or to any other similar illegal action against any person or group of persons on any grounds including those of race, colour, religion, language, or national origin (Article 13(5) ACHR); for the prevention of disclosure of information received in confidence; and for maintaining authority and impartiality of the judiciary (Article 10 ECHR). In addition, Article 10 ECHR explicitly gives the state broad discretion in licensing of the media.
