Curtailing Free Expression, Opinion and Information Online in Southeast Asia or political activities, including for peace or democracy; and expression of opinion and dissent, religion or belief, including by persons belonging to minorities or vulnerable groups”.44 iii. Obligations to protect that may restrict expression and opinion Article 20 of the ICCPR provides for two situations where States are not only permitted to restrict the right to freedom of expression and opinion, but are obligated to do so. Article 20 specifically provides that: “1. Any propaganda for war shall be prohibited by law. 2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.” The UN Human Rights Committee has made clear that articles 19 and 20 of the ICCPR are “compatible with and complement each other” and that the acts prohibited under article 20 are restricted pursuant to article 19(3), and must be justified “in strict conformity” with article 19.45 In other words, the implementation of legal prohibitions detailed under article 20 must comply with the principles of legality, legitimacy, necessity and proportionality. Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) similarly prohibits expression which incites “racial hatred or discrimination” – or “hate speech”. In the Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence (‘Rabat Plan of Action’) launched in 2013, it was clearly established that in balancing the right to free expression and opinion and the prohibition of hate speech, measures taken by States must also comply strictly with article 19(3).46 44 45 46 This was highlighted in Communication No. IND 15/2015 from UN Special Rapporteurs on freedom of expression, cultural rights and on the situation of human rights defenders to the Government of India, relating in relation to article 124A of India’s Penal Code which criminalizes sedition, 10 December 2015, Available at: https://spcommreports.ohchr.org/TMResultsBase/ DownLoadPublicCommunicationFile?gId=15983 CCPR/C/GC/34, paras 50, 52. Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, Available at: https://www.ohchr.org/ Documents/Issues/Opinion/SeminarRabat/Rabat_draft_outcome.pdf 21