those
●
systems,
are
particularly
relevant
to
the
Respondent.
Right to Freedom of Expression and States’ Obligations
11. Article 19(2) ICCPR provides that “[e]veryone shall have the right of 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.”8
12. The right to free expression is also protected by Article 19 of the Universal Declaration of
Human Rights9 (UDHR), providing that “[e]veryone has the right to freedom of opinion and
expression” and that “this right includes freedom to hold opinions without interference and
to seek, receive and impart information and ideas through any media and regardless of
frontiers.”10
13. Article 2 ICCPR provides for the obligation of State Parties to “ respect and to ensure to
all individuals within its territory and subject to its jurisdiction the rights recognized in the
present Covenant, without distinction of any kind, such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status”.11
14. The United Nations Human Rights Committee's General Comment 34 on the Freedom of
opinion and expression (hereafter referred to as General Comment 34) established that
the right to freedom of expression includes “every form of idea and opinion capable of
transmission to others” including among other things “political discourse,” “commentary
on one’s own and on public affairs,” “discussion of human rights,” and “journalism.”12
Article 19(2) ICCPR “embraces even expression that may be regarded as deeply
offensive, (...)”13
15. Article 19 ICCPR “implies a free press and other media able to comment on public issues
without censorship or restraint and to inform public opinion” 14. “A free, uncensored and
unhindered press or other media is essential in any society to ensure freedom of opinion
and expression and the enjoyment of other Covenant rights. It constitutes one of the
cornerstones of a democratic society”.15 The Covenant embraces a right whereby the
media may receive information on the basis of which it can carry out its function.16 The
free communication of information and ideas about public and political issues between
ICCPR, supra note 1, Article 9(2)
Universal Declaration of Human Rights, G.A. Res. 217A (III), U.N. Doc. A/810, Art. 9 (1948) [hereinafter Universal
Declaration] Available at: https://www.un.org/sites/un2.un.org/files/udhr.pdf
10 Id, Article 19
11 ICCPR, supra note 1, Article 2
12 U.N. Human Rights Committee (HRC), General Comment no. 34, Article 19: Freedoms of opinion and expression.
CCPR/C/GC/34, para. 11. [hereinafter “Gen. Comment No. 34”] Available at:
https://www2.ohchr.org/english/bodies/hrc/docs/gc34.pdf
13 Gen. Comment No. 34, para. 11.
14 See the Committee’s general comment No. 25 (1996) on article 25 (Participation in public affairs and the right to vote),
para. 25, Official Records of the General Assembly, Fifty-first Session, Supplement No. 40, vol. I (A/51/40 (Vol. I)), annex
V.
15 See communication No. 1128/2002, Marques v. Angola, Views adopted on 29 March 2005.
16 See communication No. 633/95, Gauthier v. Canada.
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9
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