DID YOU KNOW? Freedom to hold versus freedom to express opinion17 Did you know that the freedom to ‘hold’ opinions is not to be subjected to any restrictions while the freedom to ‘express’ opinions is. This is because every person is entitled to having his or her own opinion or not having one about something. The freedom to hold an opinion includes the right to change an opinion whenever and for whatever reason a person so freely chooses. No person may be subject to the impairment of any rights on the basis of his or her actual, perceived or supposed opinions. Freedom to express opinions on the other hand, focuses on the manner in which an individual’s opinion is articulated. If an opinion which you hold is expressed in a way that is detrimental to the good reputation of others or incite hostility for instance, then these can be restricted. Freedom of expression Article 19(2) of the ICCPR provides that freedom of expression guarantees to every person freedom to exchange information, debate ideas and express speech. These could be exchanges on political issues, private or public affairs, discussions on human rights, general wellbeing or whatever else people may choose to address.18 Given the broad scope of such freedom it could also include the expression of opinions and ideas that can be offensive and harmful to others.19 Freedom of expression is viewed by international human rights law as a cornerstone right due to two main reasons – development (personal level) and good governance (state level).20 At a personal level, freedom of expression is a key to the development, dignity and fulfilment of every person. People can gain an understanding of their surroundings and the wider world by exchanging ideas and information freely with others. People feel more secure and respected if they are able to speak their minds. At a state level, freedom of expression is necessary for good governance and therefore for economic and social progress. It ensures accountability by enabling people to freely debate and raise concerns with government, including for the protection and promotion of other human rights.21 The freedom of expression is however not absolute. It carries with it special duties and responsibilities therefore subjecting it to certain restrictions. Freedom of expression can be restricted on several grounds provided by law and necessary for pursing a legitimate aim (such as respect of the rights or reputations of others, protection of national security or of public order, or of public health or morals22); proportionate; and reasonable.23 17 UN HRC, General comment no. 34, Article 19, paras 9-12. UN HRC, General comment no. 34, Article 19, para 11. 19 UN HRC, General comment no. 34, Article 19, para 11. 20 See Article 19, ‘Hate Speech’ Explained: A Toolkit, (2015) pp. 6-7, https://www.article19.org/data/files/medialibrary/38231/%27HateSpeech%27-Explained---A-Toolkit-(2015-Edition).pdf. 21 See Article 19, ‘Hate Speech’ Explained: A Toolkit, p. 7. 22 ICCPR, Articles 19(3) and 20. 23 UN HRC, General comment no. 34, Article 19, para 20. 18 State of Human Rights Report 2021 | 12