Righting Wrongs: Criminal Law Provisions in the Philippines related to National Security and their Impact on Human Rights Defenders With respect to journalists, the Human Rights Committee opined that “a free uncensored and unhindered press or other media is essential in any society to ensure freedom of opinion and expression.” It is necessary to have “free communication of information and ideas about public and political issues between citizens, candidates and elected representatives.” The public has the corresponding right to receive media output.87 Principle 1(a) of the Global Principles on National Security and the Right to Information (Tshwane Principles) provides that everyone has the right to seek, receive, use, and impart information held by or on behalf of public authorities, or to which public authorities are entitled by law to have access.88 The right to freedom of expression carries with it special duties and responsibilities and may be restricted in certain exceptional circumstances. In accordance with international human rights law, restrictions and limitations to the right to freedom of expression must be exceptions to the rule and must be kept to the minimum necessary; this will ensure, among other things that the aim of safeguarding other human rights under international human rights law may still be pursued.89 Article 19 (3) of the ICCPR requires states parties, including the Philippines, to ensure that all restrictions to freedom of expression are (a) provided by law; and (b) necessary for the respect and reputation of others or for the protection of national security, public order, public health or morals. Furthermore, Article 20(2) of the ICCPR also clarifies that “any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.” To comply with the requirement in paragraph 3 of Article 19 of the ICCPR that restrictions to freedom of expression be “provided by law”, laws that restrict freedom of expression “must be formulated with sufficient precision to enable an individual to regulate his or her conduct accordingly.” These laws must be accessible to the public and should not give “unfettered discretion for the restriction of freedom of expression on those charged with its execution.”90 Furthermore, to be consistent with paragraph 3 of Article 19 of the ICCPR, any restrictions or limitations to the right to freedom of expression must be necessary to ensure protection of the rights and reputation of others or for the protection of national security, public order, public health or morals .91 Restrictions or limitations must be proportionate to the protection of one of these interests;92 and be no more restrictive than is required for the achievement of that aim.93 “Restrictions may only be applied for those purposes for which they were prescribed and must be directly related to the specific need on which they are predicated.”94 Furthermore, when a State imposes restrictions on the exercise of freedom of expression, it cannot put in jeopardy the right itself.95 The authorities must ensure that laws limiting the exercise of freedom of expression for the purpose of protecting national security restrict only expression that is (a) intended to incite imminent violence and (b) is likely to incite such violence; and that (c) there is a direct and immediate connection between the expression and the likelihood or occurrence of such violence.96 87 Human Rights Committee General Comment No. 34 on Article 19: Freedoms of opinion and expression, UN Doc. CCPR/C/GC/34 at para. 13. 88 The Global Principles on National Security and the Right to Information (hereinafter Tshwane Principles), available at http://www. opensocietyfoundations.org/sites/default/files/global-principles-national-security-10232013.pdf (Accessed October 2014). 89 Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, UN Doc. A/ HRC/14/23 (2010), para. 77. 90 Human Rights Committee, General Comment No. 34, UN Doc. CCPR/C/GC/34 (2011) at para. 25. 91 Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, UN Doc. A/ HRC/14/23 (2010) at para. 79(g)(iii). 92 Human Rights Committee, General Comment No. 34, UN Doc. CCPR/C/GC/34 (2011) at para. 34. 93 Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, UN Doc. A/ HRC/14/23 (2010) at para. 79(g)(iv). 94 Human Rights Committee, General Comment No. 34, UN Doc. CCPR/C/GC/34 (2011) at para. 22. 95 Human Rights Committee, General Comment No. 34, UN Doc. CCPR/C/GC/34 (2011) at para. 21. 96 Principle 6 of the Johannesburg Principles on National Security, Freedom of Expression and Access to Information, UN Doc. E/ CN.4/1996/39 (1996). 15