A/HRC/44/49/Add.2 approach, the UN Special Rapporteur in the field of cultural rights has stated that the right to freedom of artistic expression includes the rights to freely contribute to and disseminate artistic expression and creation, through individual or joint practice, and also to freely experience, access and enjoy artistic expression.8 9. It bears noting the widespread attraction of this dual approach. The Inter-American human rights system has extensively developed this dual dimension of freedom of expression.9 The Inter-American Court of Human Rights has held that a restriction or limitation affects both speakers and audiences. For example, in the case of Palamara Iribarne v. Chile, the Court held that when Chilean military criminal justice authorities prevented Palamara from publishing a book nearing publication and dissemination, it violated both dimensions of freedom of expression.10 In the case of Ivcher-Bronstein v. Peru the Court held that by separating Mr. Brostein from the control of Channel 2 and excluding journalists from one of the programs, the State not only restricted their right to circulate news, ideas and opinions, but also restricted the right of all Peruvians to receive information, therefore limiting their freedom to exercise political options and develop fully in a democratic society.11 Freedom to impart – regardless of frontiers 10. The instruments guaranteeing freedom of expression explicitly protect the transboundary scope of the right. Individuals enjoy the right to receive information from, and transmit information and ideas of all kinds to, places beyond their borders.12 “Regardless of frontiers” explicitly acknowledges the international nature of the transmittance of information, including across national boundaries.13 Expressive rights are, as the German jurist Karl Josef Partsch once put it, “international rights” that “may be exercised not only in one’s own country but internationally.”14 A Joint Statement to the Human Rights Council, endorsed by 57 Member States, emphasized, “artistic and creative expression is critical to the human spirit, the development of vibrant cultures, and the functioning of democratic societies […] transcending borders and barriers.”15 Closely related freedoms: Opinion and Expression 11. Expression and opinion are “are closely related, with freedom of expression providing the vehicle for the exchange and development of opinions”. 16 They are nonetheless 8 9 10 11 12 13 14 15 16 Report of the Special Rapporteur in the field of cultural rights, Farida Shaheed, The right to freedom of artistic expression and creativity, A/HRC/23/34, 14 March 2013, ¶85. See also, Communication to Egypt. EGY 9/2015.19 August 2015. Inter-American Court of Human Rights (hereinafter “IACtHR”), Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29 American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13, 1985. Series A No. 5. ¶30. See also, IACtHR, Case Kimel v. Argentina. May 3, 2008. Series C No. 177. ¶53; IACtHR, Case of ClaudeReyes et al. v. Chile. September 19, 2006. Series C No. 151. ¶75; IACtHR, Case of López-Álvarez v. Honduras. February 1, 2006. Series C No. 141. ¶163; IACtHR, Case of Ivcher-Bronstein v. Peru. February 6, 2001. Series C No. 74. ¶146; IACtHR, Case of Ricardo Canese v. Paraguay. August 31, 2004. Series C No. 111. ¶77; IACtHR., Case of “The Last Temptation of Christ” (Olmedo-Bustos et al.) v. Chile. February 5, 2001. Series C No. 73. 64. IACtHR, Case of Palamara-Iribarne v. Chile. November 22, 2005. Series C No. 135. ¶69. IACtHR, Case of Ivcher-Bronstein v. Peru. February 6, 2001. Series C No. 74. ¶163. The European Court of Human Rights has recognized this point. See Ahmet Yildirim v.Turkey,(2012); Cox v. Turkey, (2010); Case of Groppera Radio AG and Others v. Switzerland (1990). Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye, Report on encryption and anonymity, A/HRC/29/32, 22 May 2015, ¶25. Karl Josef Partsch, Freedom of Conscience and Expression, and Political Freedoms, in L. Henkin, ed., THE INTERNATIONAL BILL OF RIGHTS (1981), p. 217. Joint Statement to the Human Rights Council Session 30. Reaffirming the Right to Freedom of Expression Including Creative and Artistic Expression. Joined by 57 Member States. 18 September 2015. https://geneva.usmission.gov/2015/09/18/hrc-statement-reaffirms-right-to-freedom-ofexpression-including-creative-and-artistic-expression/. General Comment 34, 2. 5