CCPR/C/GC/34
identity of the person that may have been impugned. States parties should not prohibit
criticism of institutions, such as the army or the administration.91
39.
States parties should ensure that legislative and administrative frameworks for the
regulation of the mass media are consistent with the provisions of paragraph 3. 92 Regulatory
systems should take into account the differences between the print and broadcast sectors
and the internet, while also noting the manner in which various media converge. It is
incompatible with article 19 to refuse to permit the publication of newspapers and other
print media other than in the specific circumstances of the application of paragraph 3. Such
circumstances may never include a ban on a particular publication unless specific content,
that is not severable, can be legitimately prohibited under paragraph 3. States parties must
avoid imposing onerous licensing conditions and fees on the broadcast media, including on
community and commercial stations.93 The criteria for the application of such conditions
and licence fees should be reasonable and objective, 94 clear, 95 transparent, 96 nondiscriminatory and otherwise in compliance with the Covenant. 97 Licensing regimes for
broadcasting via media with limited capacity, such as audiovisual terrestrial and satellite
services should provide for an equitable allocation of access and frequencies between
public, commercial and community broadcasters. It is recommended that States parties that
have not already done so should establish an independent and public broadcasting licensing
authority, with the power to examine broadcasting applications and to grant licenses.98
40.
The Committee reiterates its observation in general comment No. 10 that “because
of the development of modern mass media, effective measures are necessary to prevent
such control of the media as would interfere with the right of everyone to freedom of
expression”. The State should not have monopoly control over the media and should
promote plurality of the media. 99 Consequently, States parties should take appropriate
action, consistent with the Covenant, to prevent undue media dominance or concentration
by privately controlled media groups in monopolistic situations that may be harmful to a
diversity of sources and views.
41.
Care must be taken to ensure that systems of government subsidy to media outlets
and the placing of government advertisements100 are not employed to the effect of impeding
freedom of expression. 101 Furthermore, private media must not be put at a disadvantage
compared to public media in such matters as access to means of dissemination/distribution
and access to news.102
91
92
93
94
95
96
97
98
99
100
101
102
10
Ibid., and see concluding observations on Tunisia (CCPR/C/TUN/CO/5), para. 91..
See concluding observations on Viet Nam (CCPR/CO/75/VNM), para. 18, and concluding
observations on Lesotho (CCPR/CO/79/Add.106), para. 23.
Concluding observations on Gambia (CCPR/CO/75/GMB).
See concluding observations on Lebanon (CCPR/CO/79/Add.78), para. 25.
Concluding observations on Kuwait (CCPR/CO/69/KWT); concluding observations on Ukraine
(CCPR/CO/73/UKR).
Concluding observations on Kyrgyzstan (CCPR/CO/69/KGZ).
Concluding observations on Ukraine (CCPR/CO/73/UKR).
Concluding observations on Lebanon (CCPR/CO/79/Add.78).
See concluding observations on Guyana (CCPR/CO/79/Add.121), para. 19; concluding observations
on the Russian Federation (CCPR/CO/79/RUS); concluding observations on Viet Nam
(CCPR/CO/75/VNM); concluding observations on Italy (CCPR/C/79/Add. 37).
See concluding observations on Lesotho (CCPR/CO/79/Add.106), para. 22.
Concluding observations on Ukraine (CCPR/CO/73/UKR).
Concluding observations on Sri Lanka (CCPR/CO/79/LKA); and see concluding observations on
Togo (CCPR/CO/76/TGO), para. 17.