For the purpose of this Report, freedom of expression refers to the expression of speech and views, it will not cover other forms of expression such as that of identity or, artistic work. DID YOU KNOW? Freedom of expression/speech and right holder special responsibilities24 Did you know that the freedom of expression is not absolute and carries with it special duties and responsibilities therefore subjecting it to certain restrictions When a right or freedom is ‘not absolute’ this means that it can and is subject to certain restrictions and limitations. With such restrictions it also means that rights holders have a duty and responsibility to ensure that the exercise of such right or freedom is not detrimental or impedes on the rights and freedom of others. Freedom of expression although a fundamental freedom is subject to certain restrictions outlined in the law, legitimate, and necessary and proportionate. See Restrictions and Limitations section for more information. Right of access to information Right of access to information is an integral part of the fundamental freedom of expression.25 Article 19(2) of the ICCPR provides that freedom of expression covers the freedom to seek, receive and impart information and ideas through any media and regardless of any boundaries.26 In Samoa, steps are currently being undertaken to finalize the legislative framework governing public access to information through a Freedom of Information Bill.27 Right of access to information is important to a functioning democracy as it empowers citizens, promote transparency and accountability in the working of the Government or any public body.28 Similar to freedom of expression, the right of access to information is not absolute and may be restricted on grounds of privacy and security concerns among others.29 24 UN HRC, General comment no. 34, Article 19. Recognized by Resolution 59 of the UN General Assembly, Calling of an International Conference on Freedom of Information, 14 December 1946, A/RES/59, https://www.refworld.org/docid/3b00f0975f.html, and also Article 19 of the Universal Declaration of Human Rights. 26 ICCPR, Article 19(2). 27 Government of Samoa, Samoa’s Voluntary National Review on SDGs, p. 128. 28 UN Commission on Human Rights, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression Frank La Rue, A/HRC/14/23 (2010) https://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.pdf, para 31. See also UN Commission on Human Rights, Report of the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, submitted in accordance with Commission resolution 1999/36, (18 January 2000) E/CN.4/2000/63, https://www.refworld.org/docid/3b00f3e10.html. 29 UNESCO, “Freedom of Information”, http://www.unesco.org/new/en/communication-and-information/freedom-ofexpression/freedom-of-information/. 25 State of Human Rights Report 2021 | 13