CCPR/C/GC/34
Laws must provide sufficient guidance to those charged with their execution to enable them
to ascertain what sorts of expression are properly restricted and what sorts are not.
26.
Laws restricting the rights enumerated in article 19, paragraph 2, including the laws
referred to in paragraph 24, must not only comply with the strict requirements of article 19,
paragraph 3 of the Covenant but must also themselves be compatible with the provisions,
aims and objectives of the Covenant. 55 Laws must not violate the non-discrimination
provisions of the Covenant. Laws must not provide for penalties that are incompatible with
the Covenant, such as corporal punishment.56
27.
It is for the State party to demonstrate the legal basis for any restrictions imposed on
freedom of expression. 57 If, with regard to a particular State party, the Committee has to
consider whether a particular restriction is imposed by law, the State party should provide
details of the law and of actions that fall within the scope of the law. 58
28.
The first of the legitimate grounds for restriction listed in paragraph 3 is that of
respect for the rights or reputations of others. The term “rights” includes human rights as
recognized in the Covenant and more generally in international human rights law. For
example, it may be legitimate to restrict freedom of expression in order to protect the right
to vote under article 25, as well as rights article under 17 (see para. 37).59 Such restrictions
must be constructed with care: while it may be permissible to protect voters from forms of
expression that constitute intimidation or coercion, such restrictions must not impede
political debate, including, for example, calls for the boycotting of a non-compulsory
vote. 60 The term “others” relates to other persons individually or as members of a
community. 61 Thus, it may, for instance, refer to individual members of a community
defined by its religious faith62 or ethnicity.63
29.
The second legitimate ground is that of protection of national security or of public
order (ordre public), or of public health or morals.
30.
Extreme care must be taken by States parties to ensure that treason laws 64 and
similar provisions relating to national security, whether described as official secrets or
sedition laws or otherwise, are crafted and applied in a manner that conforms to the strict
requirements of paragraph 3. It is not compatible with paragraph 3, for instance, to invoke
such laws to suppress or withhold from the public information of legitimate public interest
that does not harm national security or to prosecute journalists, researchers, environmental
activists, human rights defenders, or others, for having disseminated such information. 65
Nor is it generally appropriate to include in the remit of such laws such categories of
information as those relating to the commercial sector, banking and scientific progress. 66
The Committee has found in one case that a restriction on the issuing of a statement in
55
56
57
58
59
60
61
62
63
64
65
y
66
See communication No. 488/1992, Toonen v. Australia, Views adopted on 30 March 1994.
General comment No. 20, Official Records of the General Assembly, Forty-seventh Session,
Supplement No. 40 (A/47/40), annex VI, sect. A.
See communication No. 1553/2007, Korneenko et al. v. Belarus, Views adopted on 31 October 2006.
See communication No. 132/1982, Jaona v. Madagascar, Views adopted on 1 April 1985.
See communication No. 927/2000, Svetik v. Belarus, Views adopted on 8 July 2004.
Ibid.
See communication No. 736/97, Ross v. Canada, Views adopted on 18 October 2000.
See communication No. 550/93, Faurisson v. France; concluding observations on Austria
(CCPR/C/AUT/CO/4).
Concluding observations on Slovakia (CCPR/CO/78/SVK); concluding observations on Israel
(CCPR/CO/78/ISR).
Concluding observations on Hong Kong (CCPR/C/HKG/CO/2).
Concluding observations on the Russian Federation (CCPR/CO/79/RUS).
Concluding observations on Uzbekistan (CCPR/CO/71/UZB).
7