Governments are also encouraged to take legal measures to restrict the publication or dissemination of
obscene and pornographic material portraying women and girls as objects of violence or degrading or
inhuman treatment.202
INFORMATION POINT: Restrictions on freedom of expression – checks and balances 203
Specifics: Any restriction should be as specific as possible. It would be wrong to ban an entire
website because of a problem with one page.
National security and public order: These terms must be precisely defined in law to prevent them
being used as excuses for excessive restrictions.
Morals: This is a very subjective area, but any restrictions must not be based on a single tradition
or religion and must not discriminate against anyone living in a particular country.
Rights and reputations of others: Public officials should tolerate more criticism than private
individuals. So defamation laws that stop legitimate criticism of a government or public official,
violate the right to free speech.
Blasphemy: Protecting abstract concepts, religious beliefs or other beliefs or the sensibilities of
people that believe them is not grounds for restricting freedom of speech.
Media and journalists: Journalists and bloggers face particular risks because of the work they do.
Countries therefore have a responsibility to protect their right to freedom of speech. Restrictions
on Newspapers, TV stations, etc. can affect everyone’s right to freedom of expression.
Whistleblowers: Government should never bring criminal proceedings against anyone who reveals
information about human rights abuses.
Recommendations:
21. The Government is encouraged to ensure that any restrictions on the freedom of
speech and expression are narrowly defined as per ICCPR Article 19(3) and must
meet the “strict tests of justification”. Restrictions must be provided by law,
legitimate, necessary and proportionate.
22. The Government to adopt legal prohibitions on both “propaganda for war” and
“advocacy of national, racial or religious hatred that constitutes incitement to
discrimination, hostility or violence” in conformity with Article 20 of the ICCPR.
23. The Government to impose legal measures to restrict the publication or
dissemination of obscene and pornographic material portraying women and girls
as objects of violence or degrading or inhuman treatment.
202
UN HRC, CCPR General Comment No. 28: Article 3 (The Equality of Rights Between Men and Women), 29 March
2000, CCPR/C/21/Rev.1/Add.10, https://www.refworld.org/docid/45139c9b4.html.
203 Amnesty International UK, “What is freedom of speech?” Issues (18 May 2020) https://www.amnesty.org.uk/free-speech-freedomexpression-human-right.
State of Human Rights Report 2021
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