What does Article 19 of the ICCPR guarantee?
It guarantees the freedom of opinion and expression, right to seek, receive and share infor and ideas
linked to equality and non-discrimination.
Aricle 19(2) covers righ to active journalism in public interest, public’s right to be informed and media’s duty to provide info.
What does Article 19(2) ICCPR include?
The right to seek, receive, and share information and ideas of all kinds through any media—oral, written, printed, artistic, etc.
Why is freedom of expression fundamental?
It is vital for democratic participation, the exchange of opinions, and the enjoyment of other human rights, including economic, social, and cultural rights.
How are freedoms of expression, association, and assembly related?
They are interrelated; freedom of expression enables individuals to unite, form associations, and advance common interests.
What does General Comment 34, para 2, say about freedom of opinion and expression?
They are indispensable for personal development and ARE the foundation of every free and democratic society.
BOTH ARE CLOSELY RELATED
What is the mandate of the Special Rapporteur on freedom of expression?
To promote and protect freedom of opinion and expression, both online and offline, in accordance with international human rights law and standards.
What was affirmed in the 2011 Joint Declaration on Freedom of Expression and the Internet?
Freedom of expression applies equally to the Internet as it does to other forms of media.
Why must states ensure Internet access under freedom of expression?
Because Internet access is essential for public participation, information exchange, and democratic engagement.
What actions violate freedom of expression online?
Complete Internet shutdowns, blocking social media or websites like YouTube or Twitter, especially during social unrest.
What did the ECHR say about the role of the press?
Freedom of the press allows the public to discover and form opinions about political leaders, vital for free political debate- part of democratic society
Who qualifies as a journalist under human rights law?
Not only professional reporters but also bloggers and others publishing content online; all have a role in public information.
What obligations do states have toward journalists?
They must protect journalists from threats, violence, or harassment to ensure they can perform their role freely.
Is freedom of expression absolute?
No, it can be limited under certain conditions: legality- prescribed by/in accord. with law, legitimate aim, reasonable proportionality, and necessity - correpsond to pressing social need, justified by decisions that give sufficient reasoning and proportionate to the legitimate aim pursued.
What are the four key grounds for limiting freedom of expression under Article 19(3) ICCPR?
Protection of the rights or reputation of others, national security, public order, and public health or morals.
What is required under the legality condition for restrictions?
Any limitation must be prescribed by or in accordance with the law.
What does ‘necessary in a democratic society’ mean?
Restrictions must address a pressing social need, be justified with sufficient reasoning, and be proportionate to the aim pursued.
What actions cannot be justified as legitimate limitations?
Killing journalists, censorship, prior restraint, or banning political movements.
When can speech be restricted under national security?
transmission of info would adversely affect the security of the nation, provided the prohibition is reasonable, is effective to protect national security, and restricts freedom of expression no more than is necessary to protect national security.
What does ‘public order’ mean in Article 19(3)?
Rules ensuring peaceful and effective functioning of society; allows restricting speech which incites crime, violence, or panic if proportionate, reasonable.
What has the HRC said about public morality limitations?
There is no universal standard for public morality; restrictions must be justified, e.g., banning child pornography.
What principle governs all restrictions on freedom of expression?
Proportionality — restrictions must be least intrusive, appropriate to achieve their protective function, and proportionate to the interest to be protected
necessary -to achieve ta legitimate purpose
GC 27
Which case recognized access to state-held information as part of freedom of expression?
Claude Reyes and Others v. Chile (Inter-American Court of Human Rights).
What is the difference between defamation and hate speech?
Defamation: false statements damaging reputation. Hate speech: discriminatory communication attacking groups based on identity.
How does the UN define hate speech?
Any speech, writing, or behaviour using pejorative or discriminatory language against a person or group based on identity factors- race, ethnicity,gender
