hostility against him/her, or to bring him/her into contempt. In the nature of things then, it is necessary to subject freedom of speech to restrictions that are reasonable and consistent with the needs of a free democratic society.190 Appropriate restrictions may be imposed on freedom of speech and expression to combat intolerance, discrimination and incitement to hatred. Article 19 (3) of the ICCPR emphasizes that the exercise of the freedom of expression carries with it special duties and responsibilities. Restrictions are permitted in two areas: (a) respect for the rights191 or reputations of others; and (b) the protection of national security192, public order (ordre public) or public health or morals193. Samoa’s Constitution (Article 13 (2)), provides that reasonable restrictions and limits may be imposed on freedom of speech and expression in the interests of,       national security, friendly relations with other States, public order or morals, for protecting the privileges of the Legislative Assembly, for preventing the disclosure of information received in confidence, for preventing contempt of Court, defamation or incitement to any offence. These limitations are also contained in the Crimes Act 2013 where it is an offence to incite hostility against others194 and also for publishing false information with intention to harm another person’s reputation.195 Accordingly, Governments are entitled to impose restrictions on freedom of speech and expression to address issues including incitement, hate speech, likely prejudice to national security and/or to protect a specific public interest or the rights and reputations of others. However, any restrictions imposed on the exercise of freedom of expression must not, however, put the right itself in jeopardy and must meet the “strict tests of justification”.196 Any restrictions on freedom of expression (including access to information) must be clearly set out in the law, necessary and legitimate, and also proportionate.197 The Human Rights Committee noted that the restrictions/exceptions under Article 19(3) of the ICCPR are narrowly defined and the burden is on the Government to justify restrictions. Restrictions must meet the following 3 conditions:198 1. Legality: restriction must be provided by law, precise, public and transparent and appropriate notice given to those whose speech is being regulated, 2. Legitimacy: restriction must be justified one or more of the interests define in Article 19(3) of ICCPR, and 3. Necessity and proportionality: Government must demonstrate that the restriction is necessary to protect a legitimate interest and to be the least restrictive means to achieve the purported aim. INFORMATION POINT: What are the ‘strict tests’ of justification?199 190 Samoa Office of the Ombudsman NHRI, “Disentangling beliefs about freedom of opinion/ expression”, Press Release (29 July 2020) https://ombudsman.gov.ws/wp-content/uploads/2021/04/NHRI_Freedom-of-speech-awareness-PR_FINAL.pdf. 199 IPU, Human Rights: Handbook for Parliamentarians, 161-62. UN HRC, General comment no. 34, Article 19, para 22. State of Human Rights Report 2021 | 47