A/HRC/4/WG.3/6
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143. The World Summit on the Information Society stressed in its Declaration of Principles that
“All actors in the Information Society should take appropriate actions and preventive measures,
as determined by law, against abusive uses of ICTs [information and communication
technologies], such as illegal and other acts motivated by racism, racial discrimination,
xenophobia, and related intolerance, hatred, violence, all forms of child abuse, including
paedophilia and child pornography, and trafficking in, and exploitation of, human beings.”129
144. Article 4 of ICERD requires States parties to penalize four categories of misconduct: the
dissemination of ideas based upon racial superiority or hatred; incitement to racial hatred; acts of
violence against any race or group of persons of another colour or ethnic origin; and incitement
to such acts. Article 7 obliges States parties to undertake to adopt immediate and effective
measures, particularly in the field of teaching, education, culture and information with a view to
combating prejudices that lead to racial discrimination.
145. In its general recommendations No. 7 (1985) relating to the implementation of article 4 and
No. 15 (1993) on article 4 of the Convention, CERD explained that the provisions of article 4 are
of a mandatory character. In order to comply with the obligations under this article, States parties
need to enact appropriate legislation as well as ensure that such legislation is effectively
enforced. CERD was fully aware of the related problems and stressed in general
recommendation No. 15 that “the prohibition of the dissemination of all ideas based upon racial
superiority or hatred is compatible with the right to freedom of opinion and expression.” It
further pointed out that it wished “to draw to the attention of States parties to article 20 of the
International Covenant on Civil and Political Rights, according to which any advocacy of
national, racial or religious hatred that constitutes incitement to discrimination, hostility or
violence shall be prohibited by law.”130 Despite these specificities, 19 States have entered
reservations and/or interpretative declarations with respect to article 4 of ICERD.
146. Similar obligations have been established under article 20 of ICCPR which compels States
parties to outlaw any advocacy of national, racial or religious hatred that constitutes incitement
to discrimination, hostility or violence. Moreover, the Human Rights Committee stressed in its
general comment No. 11 (1983) on article 20 that “For article 20 to become fully effective there
ought to be a law making it clear that propaganda and advocacy as described therein are contrary
to public policy and providing for an appropriate sanction in case of violation.” To this end, the
Committee further stated that it “therefore, believes that States parties which have not yet done
so should take the measures necessary to fulfil the obligations contained in article 20, and should
themselves refrain from any such propaganda or advocacy.”131
129
Para. 59.
130
See para. 4.
131
Paragraph 2.
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