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such, a limitation that is justified on the basis of article 20 must also comply with article 19,
paragraph 3.117
51.
What distinguishes the acts addressed in article 20 from other acts that may be
subject to restriction under article 19, paragraph 3, is that for the acts addressed in article
20, the Covenant indicates the specific response required from the State: their prohibition
by law. It is only to this extent that article 20 may be considered as lex specialis with regard
to article 19.
52.
It is only with regard to the specific forms of expression indicated in article 20 that
States parties are obliged to have legal prohibitions. In every case in which the State
restricts freedom of expression it is necessary to justify the prohibitions and their provisions
in strict conformity with article 19.
117
See communication No. 736/1997, Ross v. Canada, Views adopted on 18 October 2000.
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