Political Rights (ICCPR). As a state party to ICCPR since 3 May 1979 Morocco
should ensure that it respect the right in a manner consistent with international law.
With respect to the circumstance of the instant case we recall that United Nations
Human Rights Committee (the “UNHRC”), whose mandate is to interpret and
supervise the implementation of the ICCPR, has stated in its 2011 General
comment on Article 19:
The free communication of information and ideas about public and political issues
between citizens, candidates and elected representatives is essential. This implies a
free press and other media able to comment on public issues without censorship or
restraint and to inform public opinion. The public also has a corresponding right to
receive media output.
It is not compatible with ICCPR to invoke provisions relating to national security
to suppress or withhold from the public information of legitimate public interest
that does not harm national security or to prosecute journalists, researchers,
environmental activists, human rights defenders, or others, for having disseminated
such information.
States parties should ensure that counter-terrorism measures are compatible with
paragraph 3 of Article 19. Such offences as “encouragement of terrorism” and
“extremist activity” as well as offences of “praising”, “glorifying”, or “justifying”
terrorism, should be clearly defined to ensure that they do not lead to unnecessary
or disproportionate interference with freedom of expression. Excessive restrictions
on access to information must also be avoided. The media plays a crucial role in
informing the public about acts of terrorism and its capacity to operate should not
be unduly restricted. In this regard, journalists should not be penalized for carrying
out their legitimate activities.
When a State party invokes a legitimate ground for restriction of freedom of
expression, it must demonstrate in specific and individualized fashion the precise
nature of the threat, and the necessity and proportionality of the specific action
taken, in particular by establishing a direct and immediate connection between the
expression and the threat.
Second, the article did not endanger national security. The Johannesburg Principles
on National Security, Freedom of Expression and Access to Information, which are
frequently cited by the UN human rights bodies and domestic courts, set out that an
expression can be criminalised as a threat to national security only if three
conditions are met: 1. the expression must is intended to incite imminent violence;