CCPR/C/GC/34
paragraph 1, of the Covenant according to which “nothing in the present Covenant may be
interpreted as implying for any State, group or person any right to engage in any activity or
perform any act aimed at the destruction of any of the rights and freedoms recognized
herein or at their limitation to a greater extent than is provided for in the present Covenant”.
22.
Paragraph 3 lays down specific conditions and it is only subject to these conditions
that restrictions may be imposed: the restrictions must be “provided by law”; they may only
be imposed for one of the grounds set out in subparagraphs (a) and (b) of paragraph 3; and
they must conform to the strict tests of necessity and proportionality.42 Restrictions are not
allowed on grounds not specified in paragraph 3, even if such grounds would justify
restrictions to other rights protected in the Covenant. Restrictions must be applied only for
those purposes for which they were prescribed and must be directly related to the specific
need on which they are predicated.43
23.
States parties should put in place effective measures to protect against attacks aimed
at silencing those exercising their right to freedom of expression. Paragraph 3 may never be
invoked as a justification for the muzzling of any advocacy of multi-party democracy,
democratic tenets and human rights. 44 Nor, under any circumstance, can an attack on a
person, because of the exercise of his or her freedom of opinion or expression, including
such forms of attack as arbitrary arrest, torture, threats to life and killing, be compatible
with article 19. 45 Journalists are frequently subjected to such threats, intimidation and
attacks because of their activities.46 So too are persons who engage in the gathering and
analysis of information on the human rights situation and who publish human rights-related
reports, including judges and lawyers.47 All such attacks should be vigorously investigated
in a timely fashion, and the perpetrators prosecuted,48 and the victims, or, in the case of
killings, their representatives, be in receipt of appropriate forms of redress. 49
24.
Restrictions must be provided by law. Law may include laws of parliamentary
privilege50 and laws of contempt of court.51 Since any restriction on freedom of expression
constitutes a serious curtailment of human rights, it is not compatible with the Covenant for
a restriction to be enshrined in traditional, religious or other such customary law.52
25.
For the purposes of paragraph 3, a norm, to be characterized as a “law”, must be
formulated with sufficient precision to enable an individual to regulate his or her conduct
accordingly53 and it must be made accessible to the public. A law may not confer unfettered
discretion for the restriction of freedom of expression on those charged with its execution. 54
42
43
44
45
46
47
48
49
50
51
52
53
54
6
See communication No. 1022/2001, Velichkin v. Belarus, Views adopted on 20 October 2005.
See the Committee’s general comment No. 22, Official Records of the General Assembly, Fortyeighth Session, Supplement No. 40 (A/48/40), annex VI
See communication No. 458/91, Mukong v. Cameroon, Views adopted on 21 July 1994.
See communication No. 1353/2005, Njaru v. Cameroon, Views adopted on 19 March 2007.
See, for instance, concluding observations on Algeria (CCPR/C/DZA/CO/3); concluding observations
on Costa Rica (CCPR/C/CRI/CO/5); concluding observations on Sudan (CCPR/C/SDN/CO/3).
See communication No. 1353/2005, Njaru v. Cameroon ; concluding observations on Nicaragua
(CCPR/C/NIC/CO/3); concluding observations on Tunisia (CCPR/C/TUN/CO/5); concluding
observations on the Syrian Arab Republic (CCPR/CO/84/SYR); concluding observations on
Colombia (CCPR/CO/80/COL).
Ibid. and concluding observations on Georgia (CCPR/C/GEO/CO/3).
Concluding observations on Guyana (CCPR/C/79/Add.121).
See communication No. 633/95, Gauthier v. Canada.
See communication No. 1373/2005, Dissanayake v. Sri Lanka, Views adopted on 22 July 2008.
See general comment No. 32.
See communication No. 578/1994, de Groot v. The Netherlands, Views adopted on 14 July 1995.
See general comment No. 27.