A/HRC/15/53
remind that peaceful expressions of opinions and ideas either orally, through the press or
other media, should always be tolerated, as long as they do not fall under the restrictions
enshrined in articles 19, paragraph 3, and 20 of the International Covenant on Civil and
Political Rights.
77.
The Special Rapporteur would like to distinguish between negative stereotyping of
religions on the one hand, and of religious followers or of sacred persons on the other, since
these instances should be treated differently from a human rights perspective. International
human rights law protects individuals and groups of individuals and therefore guarantees
the freedom of individuals and groups of individuals to exercise freely their religion or
belief. Religions as such however are subject to vigorous interrogation and criticism
regarding their doctrines and teachings in the context of the full exercise of the freedom of
expression. Yet, freedom of opinion and expression may be restricted when it amounts to
advocacy of religious hatred that constitutes incitement to discrimination, hostility or
violence.
78.
With regard to negative stereotyping of religious followers and of sacred persons,
the Special Rapporteur would like to recall that, in accordance with article 19, paragraph 3,
of the International Covenant on Civil and Political Rights, the exercise of the right to
freedom of expression “carries with it special duties and responsibilities. It may therefore
be subjected to certain restrictions, but these shall only be such as are provided by law and
are necessary: (a) for respect of the rights or reputations of others; (b) for the protection of
national security or of public order (ordre public), or of public health or morals”. Yet, the
Special Rapporteur would like to recall that, as stated by the Human Rights Committee in
its general comment No. 10, “when a State party imposes certain restrictions on the
exercise of freedom of expression, these may not put in jeopardy the right itself”.8
79.
The respect of the rights or reputations of others has in some cases been relied on in
order to request restrictions on the right to freedom of expression and sanctions against the
perpetrators of defamatory language targeting religious followers or sacred persons. While
the Special Rapporteur believes that each case should be adjudicated on its own merits by
an independent and impartial judiciary, he would like to emphasize that the argument
relating to the defence of truth should always be taken into account and that a very high
threshold should be met before warranting restrictions and sanctions on defamatory
expressions targeting individuals. In cases concerning sacred persons, the fact that the latter
may be fully assimilated with a religion should also be taken into consideration when
assessing the case. In cases where the high threshold is met and the defamatory statement is
proven to be a false one, the Special Rapporteur would like to underline that the
implementation of sanctions, if any, should in no way be of a criminal nature. As stated by
Frank La Rue, Special Rapporteur on the promotion and protection of the right to freedom
of opinion and expression, in his report to the fourteenth session of the Human Rights
Council (A/HRC/14/23, para. 83): “any attempt to criminalize freedom of expression as a
means of limiting or censuring that freedom must be resisted. He therefore encourages all
efforts to decriminalize acts considered to be acts of defamation and to make civil liability
proceedings the sole form of redress for complaints of damage to reputation. However, civil
penalties for defamation should not be so heavy as to block freedom of expression and
should be designed to restore the reputation harmed, not to compensate the plaintiff or to
punish the defendant; in particular, pecuniary awards should be strictly proportionate to the
actual harm caused, and the law should give preference to the use of non-pecuniary
remedies, including, for example, apology, rectification and clarification”.
8
16
Human Rights Committee, general comment No. 10 on freedom of expression (1983), para. 4.
GE.10-14999
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