CCPR/C/GC/34
right whereby the media may receive information on the basis of which it can carry out its
function. 29 The free communication of information and ideas about public and political
issues between citizens, candidates and elected representatives is essential. This implies a
free press and other media able to comment on public issues without censorship or restraint
and to inform public opinion. 30 The public also has a corresponding right to receive media
output.31
14.
As a means to protect the rights of media users, including members of ethnic and
linguistic minorities, to receive a wide range of information and ideas, States parties should
take particular care to encourage an independent and diverse media.
15.
States parties should take account of the extent to which developments in
information and communication technologies, such as internet and mobile based electronic
information dissemination systems, have substantially changed communication practices
around the world. There is now a global network for exchanging ideas and opinions that
does not necessarily rely on the traditional mass media intermediaries. States parties should
take all necessary steps to foster the independence of these new media and to ensure access
of individuals thereto.
16.
States parties should ensure that public broadcasting services operate in an
independent manner. 32 In this regard, States parties should guarantee their independence
and editorial freedom. They should provide funding in a manner that does not undermine
their independence.
17.
Issues concerning the media are discussed further in the section of this general
comment that addresses restrictions on freedom of expression.
Right of access to information
18.
Article 19, paragraph 2 embraces a right of access to information held by public
bodies. Such information includes records held by a public body, regardless of the form in
which the information is stored, its source and the date of production. Public bodies are as
indicated in paragraph 7 of this general comment. The designation of such bodies may also
include other entities when such entities are carrying out public functions. As has already
been noted, taken together with article 25 of the Covenant, the right of access to
information includes a right whereby the media has access to information on public affairs 33
and the right of the general public to receive media output. 34 Elements of the right of access
to information are also addressed elsewhere in the Covenant. As the Committee observed in
its general comment No. 16, regarding article 17 of the Covenant, every individual should
have the right to ascertain in an intelligible form, whether, and if so, what personal data is
stored in automatic data files, and for what purposes. Every individual should also be able
to ascertain which public authorities or private individuals or bodies control or may control
his or her files. If such files contain incorrect personal data or have been collected or
processed contrary to the provisions of the law, every individual should have the right to
have his or her records rectified. Pursuant to article 10 of the Covenant, a prisoner does not
29
30
31
32
33
34
4
See communication No. 633/95, Gauthier v. Canada.
See the Committee’s general comment No. 25 (1996) on article 25 (Participation in public affairs and
the right to vote), para. 25, Official Records of the General Assembly, Fifty-first Session, Supplement
No. 40, vol. I (A/51/40 (Vol. I)), annex V.
See communication No. 1334/2004, Mavlonov and Sa’di v. Uzbekistan.
Concluding observations on Republic of Moldova (CCPR/CO/75/MDA).
See communication No. 633/95, Gauthier v. Canada.
See communication No. 1334/2004, Mavlonov and Sa’di v. Uzbekistan.