CCPR/C/GC/34
detention, trial or imprisonment for reasons of the opinions they may hold, constitutes a
violation of article 19, paragraph 1.10
10.
Any form of effort to coerce the holding or not holding of any opinion is
prohibited.11 Freedom to express one’s opinion necessarily includes freedom not to express
one’s opinion.
Freedom of expression
11.
Paragraph 2 requires States parties to guarantee the right to freedom of expression,
including the right to seek, receive and impart information and ideas of all kinds regardless
of frontiers. This right includes the expression and receipt of communications of every form
of idea and opinion capable of transmission to others, subject to the provisions in article 19,
paragraph 3, and article 20.12 It includes political discourse,13 commentary on one’s own 14
and on public affairs,15 canvassing,16 discussion of human rights,17 journalism,18 cultural and
artistic expression,19 teaching, 20 and religious discourse.21 It may also include commercial
advertising. The scope of paragraph 2 embraces even expression that may be regarded as
deeply offensive, 22 although such expression may be restricted in accordance with the
provisions of article 19, paragraph 3 and article 20.
12.
Paragraph 2 protects all forms of expression and the means of their dissemination.
Such forms include spoken, written and sign language and such non-verbal expression as
images and objects of art.23 Means of expression include books, newspapers,24 pamphlets,25
posters, banners,26 dress and legal submissions. 27 They include all forms of audio-visual as
well as electronic and internet-based modes of expression.
Freedom of expression and the media
13.
A free, uncensored and unhindered press or other media is essential in any society to
ensure freedom of opinion and expression and the enjoyment of other Covenant rights. It
constitutes one of the cornerstones of a democratic society. 28 The Covenant embraces a
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
See communication No. 157/1983, Mpaka-Nsusu v. Zaire, Views adopted on 26 March 1986; No.
414/1990, Mika Miha v. Equatorial Guinea, Views adopted on 8 July 1994.
See communication No. 878/1999, Kang v. Republic of Korea, Views adopted on 15 July 2003.
See communications Nos. 359/1989 and 385/1989, Ballantyne, Davidson and McIntyre v. Canada,
Views adopted on 18 October 1990.
See communication No. 414/1990, Mika Miha v. Equatorial Guinea.
See communication No. 1189/2003, Fernando v. Sri Lanka, Views adopted on 31 March 2005.
See communication No. 1157/2003, Coleman v. Australia, Views adopted on 17 July 2006.
Concluding observations on Japan (CCPR/C/JPN/CO/5).
See communication No. 1022/2001, Velichkin v. Belarus, Views adopted on 20 October 2005.
See communication No. 1334/2004, Mavlonov and Sa’di v. Uzbekistan, Views adopted on 19 March
2009.
See communication No. 926/2000, Shin v. Republic of Korea, Views adopted on 16 March 2004.
See communication No. 736/97, Ross v. Canada, Views adopted on 18 October 2000.
Ibid.
Ibid.
See communication No. 926/2000, Shin v. Republic of Korea.
See communication No. 1341/2005, Zundel v. Canada, Views adopted on 20 March 2007.
See communication No. 1009/2001, Shchetoko et al. v. Belarus, Views adopted on 11 July 2006.
See communication No. 412/1990, Kivenmaa v. Finland, Views adopted on 31 March 1994.
See communication No. 1189/2003, Fernando v. Sri Lanka.
See communication No. 1128/2002, Marques v. Angola, Views adopted on 29 March 2005.
3