A/HRC/11/4 page 11 promote and protect the right to freedom of opinion and expression”,4 the Special Rapporteur has proposed developing an online training programme for media personnel on freedom of expression, human rights and multiculturalism. The aim of the programme is to identify ways to strengthen professional commitments to high-quality journalism, while also fostering greater respect for diversity, multiculturalism and human rights education. The programme will aim to address some of the main concerns voiced by various stakeholders in relation to hate speech, intolerance and discrimination. 37. The Special Rapporteur participated in the Durban Review Conference held in Geneva from 20 to 24 April 2009. The Conference was meant to provide an opportunity to review progress made in the combat against racism, racial discrimination, xenophobia and related intolerance and the actual implementation of the Durban Declaration and Programme of Action at the national, regional and international levels since 2001, as well as to share best practices. The Special Rapporteur’s participation in the event highlights the indivisible link between the promotion of the right to freedom of expression and the fight against racism, racial discrimination, xenophobia and related intolerance. B. Limitations to the right to freedom of opinion and expression 38. The exercise of the right to freedom of opinion and expression is a significant indicator of the level of protection and respect of all other human rights in a given society. Democratic institutions, while not preventing all violations of the right to freedom of opinion and expression, do offer guarantees for its protection as well as an enabling environment for its exercise. Freedom of opinion and expression not only benefits from a democratic environment; it also contributes to, and is indeed instrumental to, the emergence and existence of effective democratic systems. However, violations of the right to freedom of opinion and expression may occur in all regions and countries, whatever their system, and may have various forms. 39. The Special Rapporteur notes that freedom of expression is the manifestation of cultures, cultural diversity, religion and ideologies. Therefore, the right to freedom of expression should be approached with a positive view to defending it. Existing international instruments establish a specific limit on freedom of expression. In particular, the International Covenant on Civil and Political Rights provides that “any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law”. The main challenge thus lies in identifying at which point these thresholds are reached. A broad interpretation of these limitations, which has recently been suggested in international forums, is not in line with existing international instruments and would ultimately jeopardize the full enjoyment of human rights. Limitations to the right to freedom of opinion and expression have more often than not been used by States as a means to restrict criticism and silence dissent. 40. Limitations on freedom of expression should be clearly defined and provided by law. Limitations should not threaten the exercise of the right itself. In addition, they ought to be 4 Para. 3 (d).

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