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Source of the right to freedom of expression and information
The right to freedom of expression and information is guaranteed by international and
regional human rights agreements between states. The most significant international
agreements recognising the right to freedom of expression are the Universal Declaration of
Human Rights (UDHR, 1949) and the International Covenant on Civil and Political Rights
(ICCPR, 1976).
Article 19 of the UDHR states:
Everyone has the right to freedom of opinion and expression; this right includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers.
Article 19 of the ICCPR states:
1.
2.
3.
Everyone shall have the right to hold opinions without interference.
Everyone shall have the right to freedom of expression; this right shall include the
right to seek, receive and impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing or in print, in the form of art, or through any other
media of his choice.
The existence of the rights provided for in paragraph 2 of this article carries with it
special duties and responsibilities. It may therefore be subject to certain
restrictions, but these shall only be such as are provide 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.
Additionally, under Article 20(2) of the ICCPR, states are obliged to prohibit by law “any
advocacy of national, racial or religious hatred that constitutes incitement to discrimination,
hostility or violence”.
The right to freedom of expression is guaranteed by the ASEAN Human Rights Declaration,
a regional human rights agreement developed by the ASEAN Intergovernmental Commission
on Human Rights and adopted unanimously by ASEAN members (including Myanmar) in
November 2012.
Article 23 of the Declaration states:
Every person has the right to freedom of opinion and expression, including freedom to hold
opinions without interference, and to seek, receive and impart information, whether orally,
in writing or through any other medium of that person’s choice.
ARTICLE 19 - Censored gender: Women’s right to freedom of expression and information in Myanmar - Page 12