A/HRC/14/23
democracy and the ability of all sectors of society to exercise their right to freedom of
opinion and expression.
70.
The Special Rapporteur would like to highlight the joint work undertaken with the
World Association of Community Radio Broadcasters (AMARC) through a series of
regional consultations held for the purpose of identifying and endorsing the principles that
should underlie a democratic regulatory framework for community radio and television.
Information on these principles is included in the annex. These principles are:
(a)
Media diversity, content and perspectives;
(b)
Recognition and promotion;
(c)
Definition and characteristics;
(d)
Objectives and aims;
(e)
Technological access;
(f)
Universal access;
(g)
Reserved frequencies;
(h)
Competent authorities;
(i)
Licence and frequency allocation procedures;
(j)
Non-discriminatory conditions;
(k)
Evaluation criteria;
(l)
Financing;
(m)
Public funding;
(n)
Digital inclusion.
71.
It is important for Governments to promote measures and adopt good practices
oriented toward equity in telecommunications. In this regard, the Special Rapporteur
welcomes the promulgation by Argentina of the Audio-visual Materials Distribution Act,
which is a good example of such practices.
C.
Permissible restrictions and limitations on freedom of expression
72.
Although the right to freedom of expression is important for democracy and the
exercise of other rights, as highlighted in section A, this right is not absolute. International
law, and most national constitutions, recognize that the exercise of the right to freedom of
expression carries with it special duties and responsibilities and may be restricted in certain
exceptional circumstances. The right to freedom of opinion, on the other hand, is a right to
which the Covenant permits no exception or restriction, as stated, inter alia, in general
comment No. 10 of the Human Rights Committee.
73.
In accordance with resolution 7/36 of the Human Rights Council, the mandate of the
Special Rapporteur includes reporting on instances in which the abuse of the right of
freedom of expression constitutes an act of racial or religious discrimination, as well as
formulating recommendations and making suggestions concerning methods of promoting
and protecting the right to freedom of opinion and expression in all its forms. Accordingly,
as a contribution to the consideration of this issue, in this report the Special Rapporteur
proposes a series of principles that will help to determine what constitutes a legitimate
restriction or limitation on the right of freedom of opinion and expression and what
constitutes an “abuse” of that right.
12
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