A/HRC/7/14 Page 23 should not justify any type of prior censorship, it should be clearly and narrowly defined, it should be the least intrusive means in what concerns limitations to freedom of expression and it should be applied by an independent judiciary. The Special Rapporteur reiterates that these limitations are designed to protect individuals rather than belief systems, guaranteeing that every person will have all of his or her human rights protected. 66. The Special Rapporteur notes that a broader interpretation of these limitations, which has been recently 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 Governments as a means to restrict criticism and silent dissent. Furthermore, as regional human rights courts have already recognized, the right to freedom of expression is applicable not only to comfortable, inoffensive or politically correct opinions, but also to ideas that “offend, shock and disturb”. 3 The constant confrontation of ideas, even controversial ones, is a stepping stone to vibrant democratic societies. III. CONCLUSIONS AND RECOMMENDATIONS 67. The right to freedom of opinion and expression, and the related rights of freedom of association and assembly, are fundamental human rights with far-reaching consequences for the enjoyment of all other rights. When freedom of opinion and expression is respected, Governments are held accountable, public policies are designed more effectively and people’s voices are heard. Limiting the free circulation of ideals not diminishes plurality and diversity, but undermines democracy entirely. 68. The Special Rapporteur urges Governments to conduct an in-depth assessment of existing national legislation as well as of judicial practices related to all forms of freedom of opinion and expression and to commence, whenever necessary, reform processes in order to guarantee conformity with international human rights norms and standards. The Special Rapporteur also recommends Governments to focus on the protection and the promotion of media independence as a priority, in order to ensure a constant advancement in the field of freedom of opinion and expression. 3 Arslan v. Turkey, European Court of Human Rights, 1999.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents