Myanmar: Outline of Rules Affecting Freedom of Expression 2. Content Rules This section highlights international standards and best practices regarding key restrictions on content, along with a short description of the appropriate scope of these restrictions. Under international law, restrictions on freedom of expression must be provided for by law, serve a legitimate interest (namely respect for the rights or reputations of others, or protection of national security, public order (ordre public), public health or public morals), and be necessary to protect that interest. Necessity implies that restrictions are: • • • • clearly and narrowly defined and respond to a pressing social need; the least intrusive measure available, in the sense that there is no other measure which would be effective and yet less restrictive of freedom of expression; not overbroad, in the sense that they are not unduly wide and do not go beyond the scope of harmful speech and prohibit legitimate speech; and proportionate in the sense that the benefit to the protected interest is greater than the harm to freedom of expression. 2.1. Criminal Rules 2.1.1. Hate speech Many countries have criminal prohibitions on spreading hate speech, and this is actually required under international law. Article 20(2) of the International Covenant on Civil and Political Rights2 (ICCPR) provides: Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. As with all restrictions on freedom of expression, it is important to achieve an appropriate balance between protecting other legitimate interests and not unduly restricting free speech. Limiting hate speech rules to the scope set out in Article 20(2) of the ICCPR is a good way of doing this. Article 20(2) is generally understood as including a number of different elements, as follows: 1. The term "advocacy" is understood as requiring intent so that it is only where the speaker wishes to incite hatred that liability may be imposed. 2. The speech must incite to hatred based on one of the three listed grounds, namely nationality, race or religion. This is one area where national laws generally go much 2 UN General Assembly Resolution 2200A (XXI), 16 December 1966, entered into force 23 March 1976. The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. 3