18
Dictating the Internet:
certain restrictions, but these shall only be such as are provided by law
and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public),
or of public health or morals.”
The UN Human Rights Committee, mandated under the ICCPR to
supervise its implementation and interpret its provisions has clarified that
freedom of expression and opinion are “indispensable conditions” for the
advancement of any person or society.29 These rights are intertwined, as
freedom of expression and information facilitates the evolution and exchange
of opinions, in turn enabling “principles of transparency and accountability”
crucial for the promotion and protection of human rights.30 They also are
related to the enjoyment of other rights in general, including the “rights to
freedom of assembly and association, and the exercise of the right to vote”.31
The UN Human Rights Committee has clarified that protections for
freedom of expression and opinion should extend to “political discourse,
commentary… on public affairs, canvassing, discussion of human rights,
journalism… and religious discourse”, including through non-verbal means
and “electronic and internet-based modes of expression”.32 It has further
noted that “developments in internet and mobile based electronic information
dissemination systems” have established a “global network” for information
exchange where States should take steps to ensure that media broadcasting
services can function independently and are accessible to individuals.33 In
this respect, the Committee has affirmed the crucial function of independent,
uncensored media to ensure “free communication of information and ideas…
between citizens, candidates and elected representatives” and to “inform
public opinion”.34
The obligation of every State to respect and protect the rights to
free expression, opinion and information must be upheld by all branches
of the State – executive, legislative and judicial – and other public or
governmental bodies. It also extends to protection for individuals from
29
30
31
32
33
34
UN Human Rights Committee, General Comment No. 34, CCPR/C/GC/34, 12 September 2011
(‘CCPR/C/GC/34’), para 2.
CCPR/C/GC/34, paras 2, 3.
CCPR/C/GC/34, para 4.
CCPR/C/GC/34, para 11.
CCPR/C/GC/34, paras 15, 16.
CCPR/C/GC/34, para 13.