Philippines: Cybercrime Prevention Act of 2012
well
clear
of
the
potential
zone
of
application
to
avoid
censure.
As
the
Human
Rights
Committee
has
stated:
For
the
purposes
of
paragraph
3,
a
norm,
to
be
characterized
as
a
“law”,
must
be
formulated
with
sufficient
precision
to
enable
an
individual
to
regulate
his
or
her
conduct
accordingly
and
it
must
be
made
accessible
to
the
public.
A
law
may
not
confer
unfettered
discretion
for
the
restriction
of
freedom
of
expression
on
those
charged
with
its
execution.
Laws
must
provide
sufficient
guidance
to
those
charged
with
their
execution
to
enable
them
to
ascertain
what
sorts
of
expression
are
properly
restricted
and
what
sorts
are
not.8
Second,
the
restriction
must
pursue
one
of
the
legitimate
aims
listed
in
Article
19(3).
It
is
quite
clear
from
both
the
wording
of
the
article
and
the
views
of
the
UN
Human
Rights
Committee
that
this
list
is
exclusive
and
that
restrictions
which
do
not
serve
one
of
the
legitimate
aims
listed
are
not
valid:
Restrictions
are
not
allowed
on
grounds
not
specified
in
paragraph
3,
even
if
such
grounds
would
justify
restrictions
to
other
rights
protected
in
the
Covenant.
Restrictions
must
be
applied
only
for
those
purposes
for
which
they
were
prescribed
and
must
be
directly
related
to
the
specific
need
on
which
they
are
predicated.
[references
omitted]9
It
is
not
sufficient,
to
satisfy
this
part
of
the
test,
for
restrictions
on
freedom
of
expression
to
have
a
merely
incidental
effect
on
one
of
the
legitimate
aims
listed.
The
measure
in
question
must
be
primarily
directed
at
that
aim.10
Third,
the
restriction
must
be
necessary
to
secure
the
aim.
The
necessity
element
of
the
test
presents
a
high
standard
to
be
overcome
by
the
State
seeking
to
justify
the
interference,
apparent
from
the
following
quotation,
cited
repeatedly
by
the
European
Court:
Freedom
of
expression,
as
enshrined
in
Article
10,
is
subject
to
a
number
of
exceptions
which,
however,
must
be
narrowly
interpreted
and
the
necessity
for
any
restrictions
must
be
convincingly
established.11
Courts
have
identified
three
aspects
of
this
part
of
the
test.
First,
restrictions
must
be
rationally
connected
to
the
objective
they
seek
to
promote,
in
the
sense
that
they
are
carefully
designed
to
achieve
that
objective
and
that
they
are
not
arbitrary
or
unfair.
Second,
restrictions
must
impair
the
right
as
little
as
possible
(breach
of
this
condition
is
sometimes
referred
to
as
‘overbreadth’).
Third,
restrictions
must
be
8
General
Comment
No.
34,
ibid.,
para.
25.
9
Ibid.,
para.
22.
See
also
Mukong
v.
Cameroon,
note
7,
para.9.7.
10
As
the
Indian
Supreme
Court
has
noted:
“So
long
as
the
possibility
[of
a
restriction]
being
applied
for
purposes
not
sanctioned
by
the
Constitution
cannot
be
ruled
out,
it
must
be
held
to
be
wholly
unconstitutional
and
void.”
Thappar
v.
State
of
Madras,
[1950]
SCR
594,
p.
603.
11
See,
for
example,
Thorgeir
Thorgeirson
v.
Iceland,
25
June
1992,
Application
no.
13778/88,
para.
63.
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