CCPR/C/GC/34
42.
The penalization of a media outlet, publishers or journalist solely for being critical
of the government or the political social system espoused by the government103can never be
considered to be a necessary restriction of freedom of expression.
43.
Any restrictions on the operation of websites, blogs or any other internet-based,
electronic or other such information dissemination system, including systems to support
such communication, such as internet service providers or search engines, are only
permissible to the extent that they are compatible with paragraph 3. Permissible restrictions
generally should be content-specific; generic bans on the operation of certain sites and
systems are not compatible with paragraph 3. It is also inconsistent with paragraph 3 to
prohibit a site or an information dissemination system from publishing material solely on
the basis that it may be critical of the government or the political social system espoused by
the government.104
44.
Journalism is a function shared by a wide range of actors, including professional
full-time reporters and analysts, as well as bloggers and others who engage in forms of selfpublication in print, on the internet or elsewhere, and general State systems of registration
or licensing of journalists are incompatible with paragraph 3. Limited accreditation
schemes are permissible only where necessary to provide journalists with privileged access
to certain places and/or events. Such schemes should be applied in a manner that is nondiscriminatory and compatible with article 19 and other provisions of the Covenant, based
on objective criteria and taking into account that journalism is a function shared by a wide
range of actors.
45.
It is normally incompatible with paragraph 3 to restrict the freedom of journalists
and others who seek to exercise their freedom of expression (such as persons who wish to
travel to human rights-related meetings)105 to travel outside the State party, to restrict the
entry into the State party of foreign journalists to those from specified countries 106 or to
restrict freedom of movement of journalists and human rights investigators within the State
party (including to conflict-affected locations, the sites of natural disasters and locations
where there are allegations of human rights abuses). States parties should recognize and
respect that element of the right of freedom of expression that embraces the limited
journalistic privilege not to disclose information sources. 107
46.
States parties should ensure that counter-terrorism measures are compatible with
paragraph 3. Such offences as “encouragement of terrorism” 108 and “extremist activity”109 as
well as offences of “praising”, “glorifying”, or “justifying” terrorism, should be clearly
defined to ensure that they do not lead to unnecessary or disproportionate interference with
freedom of expression. Excessive restrictions on access to information must also be
avoided. The media plays a crucial role in informing the public about acts of terrorism and
its capacity to operate should not be unduly restricted. In this regard, journalists should not
be penalized for carrying out their legitimate activities.
103
104
105
106
107
108
109
Concluding observations on Peru (CCPR/CO/70/PER).
Concluding observations on the Syrian Arab Republic (CCPR/CO/84/SYR).
Concluding observations on Uzbekistan (CCPR/CO/83/UZB); concluding observations on Morocco
(CCPR/CO/82/MAR).
Concluding observations on Democratic People’s Republic of Korea (CCPR/CO/72/PRK).
Concluding observations on Kuwait (CCPR/CO/69/KWT).
Concluding observations on the United Kingdom of Great Britain and Northern Ireland
(CCPR/C/GBR/CO/6).
Concluding observations on the Russian Federation (CCPR/CO/79/RUS).
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