24 Dictating the Internet: “By explicitly providing that everyone has the right to express him or herself through any media, the Special Rapporteur underscores that article 19 of the Universal Declaration of Human Rights and the Covenant was drafted with foresight to include and to accommodate future technological developments through which individuals can exercise their right to freedom of expression. Hence, the framework of international human rights law remains relevant today and equally applicable to new communication technologies such as the Internet.”55 In June 2011, a Joint Declaration on Freedom of Expression and the Internet (‘2011 Joint Declaration’) issued by the UN Special Rapporteur on freedom of expression and three rapporteurs with regional mandates for free expression, clarified that the right to free expression applies to the internet, and that restrictions are “only acceptable if they comply with established international standards, including that they are provided for by law, and that they are necessary to protect an interest which is recognized under international law (the ‘three-part’ test)”.56 A 2015 Joint Declaration signed by the same four rapporteurs on Freedom of Expression and Responses to Conflict Situations (‘2015 Joint Declaration’) reasserted the application of the ‘three-part’ test57 to the protection of free expression online and provided further guidance that “all criminal restrictions on content – including those relating to hate speech, national security, public order and terrorism/ extremism – should conform strictly to international standards, including by not providing special protection to officials and by not employing vague or unduly broad terms”.58 55 56 57 58 Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, A/HRC/17/27, 16 May 2011, para 21. United Nations (UN) Special Rapporteur on Freedom of Opinion and Expression, the Organization for Security and Co-operation in Europe (OSCE) Representative on Freedom of the Media, the Organization of American States (OAS) Special Rapporteur on Freedom of Expression and the African Commission on Human and Peoples’ Rights (ACHPR) Special Rapporteur on Freedom of Expression and Access to Information, ‘Joint Declaration on Freedom of Expression and the Internet’, 1 June 2011 (‘Joint Declaration on Freedom of Expression and the Internet’), para 1a. Available at: https://www.osce.org/fom/78309?download=true The right to free expression can only be limited if the limitation is (i) strictly provided by law (principle of legality); (ii) to pursue a legitimate aim (principle of legitimacy); and (iii) necessary and proportionate to achieve that aim (principle of necessity and proportionality). See Section II (ii). United Nations (UN) Special Rapporteur on Freedom of Opinion and Expression, the Organization for Security and Co-operation in Europe (OSCE) Representative on Freedom of the Media, the Organization of American States (OAS) Special Rapporteur on Freedom of Expression and the African Commission on Human and Peoples’ Rights (ACHPR) Special Rapporteur on Freedom of Expression and Access to Information, ‘Joint Declaration on Freedom of Expression and Responses to Conflict Situations’, 27 April 2015 (‘Joint Declaration on Freedom of Expression and Responses to Conflict Situations’), paras 2c, 3a. Available at: https://www.osce.org/ fom/154846?download=true