A/HRC/14/23
115. In exceptional circumstances, international human rights law permits certain
limitations to freedom of expression. By establishing those limitations, the State is
effectively fulfilling its obligation to prohibit certain expressions owing to the serious
damage that they cause to the human rights of others, as provided for in article 20 of
the Covenant.
116. The Special Rapporteur reiterates his view that it is conceptually incorrect to
present the issue of “defamation of religions” in the abstract as a conflict between the
right to freedom of religion or belief and the right to freedom of opinion and
expression.
117. The Special Rapporteur expresses concern about the violence to which
journalists and media professionals continue to fall victim.
118. States have an obligation to guarantee to all individuals the full enjoyment of
the right to freedom of opinion and expression through any medium, while ensuring
that their human rights are respected and protected. In particular, they should
guarantee the full enjoyment of this right to all persons engaged in journalistic
activities in places of internal conflict or war, where the nature of their work places
them in a position of greater vulnerability; all social communicators are considered to
be journalists for this purpose.
B.
1.
Recommendations
General considerations concerning freedom of opinion and expression
119. States should take the necessary steps to guarantee the effective exercise of the
right to freedom of opinion and expression for all individuals and social sectors,
without exception or discrimination of any kind.
120. States should refrain from criminalizing any manifestation of the freedom of
expression as a means of limiting or censoring that freedom. Accordingly, any
measure of this kind should be abolished, except for the permissible and legitimate
restrictions established in international human rights law.
121. States should adopt the legislative and administrative measures necessary to
facilitate access to public information and should establish specific mechanisms for
that purpose.
122. It is recommended that States establish a legal framework that recognizes and
regulates community-based communication within the framework of the 14 principles
presented in this report and that a fair balance be struck in terms of frequency
allocation among community-based media, commercial media and public-sector or
State media.
123. It is recommended that frequency allocation should be overseen and managed
by an independent State (public-sector) body.
124. It is recommended that States, the media and financial institutions implement
the recommendations set forth in the Colombo Declaration, which are aimed at
strengthening the freedom of expression of marginalized sectors of society and their
access to media of their own, including electronic media, with a view not only to
promoting freedom of expression and democracy but also to combating poverty and
meeting the Millennium Development Goals. It is also recommended that States
establish a special fund to subsidize access (which requires both connectivity and the
necessary equipment) to electronic media for all sectors.
GE.10-13049
19
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