Curtailing Free Expression, Opinion and Information Online in Southeast Asia “any acts by private persons or entities that would impair the enjoyment of the freedoms … to the extent (they) are amenable to application between private persons or entities”.35 This obligation further entails that these rights are protected under domestic law, including provision for remedies when the rights are violated.36 In this respect, “harassment, intimidation or stigmatization of a person, including arrest, detention, trial or imprisonment” solely for the exercise of the right to freedom of expression and opinion amounts to a violation and “any form of effort to coerce the holding or not holding of any opinion” is prohibited under the ICCPR.37 ii. Potential limitations on right to freedom of expression and opinion While the right to freedom of expression must be protected, it, like other fundamental freedoms, is not an absolute right and may be subjected to narrowly tailored exceptions in limited situations. Article 19(3) of the ICCPR provides that the right to freedom of expression and opinion can be “subject to certain restrictions” but that these restrictions must be provided by law and necessary for a legitimate purpose such as (i) ensuring respect of the rights or reputations of others, or (ii) protecting national security, public order or public health or morals. Provided by law Article 19(3) expresses the general principle of legality, which mandates that any restriction on a right be provided by law. The UN Human Rights Committee has provided guidance that laws imposing restrictions on the rights to free expression and opinion must be promulgated with enough precision to enable individuals to adjust their conduct accordingly, and provide relevant guidance to those charged with executing the laws to ensure they can clearly ascertain which kinds of expression fall under restrictions and which do not. Such laws should not allow for “unfettered discretion for the restriction of freedom of expression on persons charged with its execution”, and the laws must not otherwise contravene international human rights law or standards.38 35 36 37 38 CCPR/C/GC/34, CCPR/C/GC/34, CCPR/C/GC/34, CCPR/C/GC/34, para 7. para 8. paras 9, 10. paras 25, 26. 19