A/HRC/4/27
page 19
70.
There is no contradiction between the principles of freedom of religion and freedom of
expression. They are mutually reinforcing and enhance the human and spiritual basis of societies
and populations. The respect for religious feelings and the warrant for editorial freedom must
find their own balance within a given social and cultural context.
71.
Nonetheless, the free flow of information and opinions should be encouraged and
particularly in a time of increasing global access to information, as it represents a remarkable
source of inspiration and contact among different peoples and cultures. Non-violent expression
of opinions, either orally, through the press or other media allowed should also be encouraged.
The exercise of the right to freedom of opinion and expression carries with it special duties and
responsibilities and it may therefore be subject to few restrictions necessary to guarantee,
inter alia, the respect of the rights of others. According to paragraph 3 of article 19 of the
International Covenant on Civil and Political Rights, such restrictions should only be provided
by law in order to define clearly the nature of the limitations to freedom of expression.
Moreover, paragraph 3 precisely indicates to which cases these restrictions could apply: (a) for
the respect of the rights or reputations of others; (b) for the protection of national security or of
public order (ordre public), or of public health or morals. Such restrictions should be applied
only in cases of extreme danger for the democratic order and should have a well-defined time
limit. With regard to the restriction mentioned in paragraph 3 (a), the respect of the rights and
the reputation of others, including the right to privacy, should be exercised without silencing
debates on valuable subjects and without insulting a person’s feelings.
72.
Legislation on new technologies appears to be a major preoccupation even in
environments traditionally favourable to freedom of expression. Regrettably, new and old
technologies are increasingly used as more or less sophisticated tools for political propaganda,
which may include racial discrimination and hate speech, thus contributing to spreading the
polarization of ideas and ethnic tension. Nonetheless, the universal availability of new tools for
communication and information may give a great impetus to social advancement and to the
dissemination of education and knowledge, thus widening the scope of the right to freedom of
opinion and expression. New communication technologies have also opened a large debate on
the limit between the right to access to information and the right to privacy.
73.
Internet governance and human rights is one of the themes that would animate the debate
of the international community in the near future. Internet governance should solidly be
anchored to a human rights vision: guaranteeing freedom of opinion and expression on the
Internet and other new communication tools is a strategic component of the struggle against
poverty worldwide. Making new technologies available globally will contribute to reduce the
social and economic gap between developed and developing countries.
74.
Freedom of expression through the Internet cannot exclusively depend on mere
commercial interests. Economic forces should be reliable partners of the civil society calling for
human rights, fair justice, health care, environmental protection, which will increasingly be
indispensable elements for the building of future societies. On the other hand, the systematic
tracking of users’ action - a clear pattern of violation of the right to privacy - can bias their own
ability in making choices independently, thus ultimately restricting their freedom of opinion.
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