CCPR/C/GC/34
necessary.75 In this regard, the Committee recalls that the scope of this freedom is not to be
assessed by reference to a “margin of appreciation” 76 and in order for the Committee to
carry out this function, a State party, in any given case, must demonstrate in specific
fashion the precise nature of the threat to any of the enumerated grounds listed in paragraph
3 that has caused it to restrict freedom of expression. 77
Limitative scope of restrictions on freedom of expression in certain
specific areas
37.
Among restrictions on political discourse that have given the Committee cause for
concern are the prohibition of door-to-door canvassing, 78 restrictions on the number and
type of written materials that may be distributed during election campaigns, 79 blocking
access during election periods to sources, including local and international media, of
political commentary,80 and limiting access of opposition parties and politicians to media
outlets. 81 Every restriction should be compatible with paragraph 3. However, it may be
legitimate for a State party to restrict political polling imminently preceding an election in
order to maintain the integrity of the electoral process. 82
38.
As noted earlier in paragraphs 13 and 20, concerning the content of political
discourse, the Committee has observed that in circumstances of public debate concerning
public figures in the political domain and public institutions, the value placed by the
Covenant upon uninhibited expression is particularly high. 83 Thus, the mere fact that forms
of expression are considered to be insulting to a public figure is not sufficient to justify the
imposition of penalties, albeit public figures may also benefit from the provisions of the
Covenant. 84 Moreover, all public figures, including those exercising the highest political
authority such as heads of state and government, are legitimately subject to criticism and
political opposition. 85 Accordingly, the Committee expresses concern regarding laws on
such matters as, lese majesty,86 desacato,87 disrespect for authority,88 disrespect for flags and
symbols, defamation of the head of state 89 and the protection of the honour of public
officials,90 and laws should not provide for more severe penalties solely on the basis of the
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
See communication No. 518/1992, Sohn v. Republic of Korea .
See communication No. 511/1992, Ilmari Länsman, et al. v. Finland, Views adopted on 14 October
1993.
See communications Nos. 518/92, Sohn v. Republic of Korea; No. 926/2000, Shin v. Republic of
Korea,.
Concluding observations on Japan (CCPR/C/JPN/CO/5).
Ibid.
Concluding observations on Tunisia (CCPR/C/TUN/CO/5).
Concluding observations on Togo (CCPR/CO/76/TGO); concluding observations on Moldova
(CCPR/CO/75/MDA).
See communication No. 968/2001, Kim v. Republic of Korea, Views adopted on 14 March 1996.
See communication No. 1180/2003, Bodrozic v. Serbia and Montenegro, Views adopted on 31
October 2005.
Ibid.
See communication No. 1128/2002, Marques v. Angola.
See communications Nos. 422-424/1990, Aduayom et al. v. Togo, Views adopted on 30 June 1994.
Concluding observations on the Dominican Republic (CCPR/CO/71/DOM).
Concluding observations on Honduras (CCPR/C/HND/CO/1).
See concluding observations on Zambia (CCPR/ZMB/CO/3), para.25.
See concluding observations on Costa Rica (CCPR/C/CRI/CO/5), para. 11.
9