A/HRC/44/49/Add.2 conceptually and practically independent of one another, even if they are engaged in a perpetual feedback loop, in which information and ideas help inform and develop opinion, which may then be considered and articulated to oneself before being expressed, which in turn may further help develop one’s or others’ opinions, and so on. As noted above, it is the internal process (thought and opinion) interacting with the external (expression). 12. Article 19(1) of the ICCPR guarantees the right to freedom of opinion, which should be understood as including the right to form an opinion, to develop an opinion by way of reasoning, and to hold an opinion without interference.17 The right to hold an opinion without interference is considered a “fundamental element of human dignity and democratic selfgovernance, a guarantee so critical that the Covenant would allow no interference, limitation or restriction.”18 Indeed, the protection accorded to the inner dimension of a person’s thoughts, opinions or convictions is unconditional.19 The practice of artistic exploration, that process that often precedes imparting one’s art, embodies an effort to develop and articulate opinions, thoughts and beliefs. To give this point some character, consider the following example: A Kurdish film maker in Iran was sentenced to one-year imprisonment and 223 lashes, after music and a documentary were allegedly found on his computer hard drive, even though they had never been screened nor shared. The filmmaker was accused of ‘spreading propaganda against the system’ in connection with a film he made but has never been shown in public, apart from a trailer on YouTube. An Iranian Court sentenced the film maker for ‘insulting the holy sanctities’ and ‘spreading propaganda against the system’.20 And yet it may be more appropriate to consider his non-published work product (music and film on the hard drive) to be opinion, private work not subject to any restriction.21 As such, artistic work product – the work that precedes any kind of dissemination or distribution, the creations that a person is still working through, the private thinking and creation before one imparts to others – should be considered to constitute protected opinion not subject to interference. 13. Human rights law obligates States to ensure enabling environments for and protect the exercise of the right to freedom of expression. States also have a duty to ensure that private entities do not interfere with the freedoms of opinion and expression. 22 The UN Guiding Principles on Business and Human Rights, endorsed by the Human Rights Council in 2011, emphasize State duties to ensure environments that enable business respect for human rights.23 It is also clear from the Guiding Principles that a State’s duty to protect includes a duty to take appropriate steps to prevent, investigate, punish and redress human rights abuse by third parties. In the Guiding Principles, States are urged to exercise adequate oversight in order to meet their international human rights obligations when they contract with, or legislate for, business enterprises to provide services that may have an impact on the enjoyment of human rights. 24 B. Is artistic expression subject to limitation? 14. While the right to freedom of opinion is absolute, the right to freedom of expression may be subject to specific and narrow limitations. Article 19 (3) of the ICCPR provides that any restriction on freedom of expression must meet the following conditions: (a) Legality. Restrictions must be “provided by law”. In particular, they must be adopted by regular legal processes and drafted with sufficient precision to enable an individual to regulate their conduct accordingly and it must be made accessible to the public. Restriction may not be unduly vague or overbroad such that it could confer unfettered 17 18 19 20 21 22 23 24 6 Economic and Social Council, ‘Report of the Special Rapporteur pursuant to Commission on Human Rights resolution 1993/45 (14 December 1994) UN doc. E/CN.4/1995/32, 19. Report on Encryption and anonymity A/HRC/29/32, ¶19. See Report on freedom of religion or belief and freedom of expression, A/HRC/31/18, 7. Communication to Iran, IRN 31/2016, 1 December 2016. On this point of digital privacy and freedom of opinion, see Report of the Special Rapporteur, Encryption and Anonymity, A/HRC/29/32, 22 May 2015, paras. 16 – 21. General Comment 34, 7. A/HRC/17/31, Principle 3. Ibid, Principle 5.