Curtailing Free Expression, Opinion and Information Online in Southeast Asia should not keep secret “information… material” to victims’ claims for remedy or reparation (Principle 30); that individuals who are not public servants, including journalists, should not be prosecuted for receiving, possessing or disclosing classified information to the public (Principle 47); and that States should only withhold information on national security grounds “for only as long as necessary to protect a legitimate national security interest” and that such withholding must be “reviewed periodically” (Principle 16).66 These expand on the earlier Johannesburg Principles on National Security, Freedom of Expression and Access to Information, Freedom of Expression and Access to Information, adopted in October 1995. They also reinforced the rights to freedom of expression, opinion and information and provided guidelines to protect the “right to obtain information from public authorities, including information relating to national security”, providing that no limitations on this right are permitted “unless the government can demonstrate that the restriction is prescribed by law and is necessary in a democratic society to protect a legitimate national security interest”.67 vi. The right to privacy The right to privacy is recognized by the UN General Assembly as “one of the foundations of a democratic society”, and a pre-requisite to the free and independent exercise of the rights to expression and to hold opinions without interference.68 Article 12 of the UDHR and article 17 of the ICCPR accordingly protect the right of every individual against arbitrary or unlawful interference with his or her privacy.69 While not set out expressly in article 17, the Human Rights Committee and the Human Rights Council have both affirmed that the principles of legality, necessity, and proportionality, apply to the right to privacy in the same manner as they do to freedom of expression and other fundamental freedoms. 66 67 68 69 Global Principles on National Security and the Right to Information, 2013, Available at: https:// www.icj.org/wp-content/uploads/2013/06/Global-Principles-on-National-Security-and-the-Right-toInformation-Tshwane-Principles-June-2013.pdf The Johannesburg Principles on National Security, Freedom of Expression and Access to Information, Available at: https://www.article19.org/wp-content/uploads/2018/02/joburgprinciples.pdf UN General Assembly, ‘The right to privacy in the digital age’, A/RES/68/167 (‘A/RES/68/167’), 18 December 2013, Available at: https://undocs.org/A/RES/68/167 Article 17 of the ICCPR reads “1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference or attacks”. 27