A/HRC/2/6 page 21 30 Signed by States members of the Organization of American States at San José, Costa Rica on 22 November 1969. 31 18 October 2000, Communication No. 736/1997, paras. 11.5-6. 32 8 November 1986, Communication No. 550/1993, paras. 9.6-9.7. 33 Appendix, under Scope. 34 There was apparently no consensus in the General Assembly on this provision and it was adopted by vote – 54 against, 25 in favour and 23 abstentions. See Lerner, p. 46. 35 Report of the Committee, Official Records of the General Assembly,, Forty-Fifth Session, Supplement No. 18 (A/45/18), p. 21, para. 56. This was in fact cited by the European Court of Human Rights in the Jersild case. See para. 21. 36 See, generally, Giniewski and, in particular, para. 52. 37 Giniewski v. France, 31 January 2006, Application No. 64016/00, para. 50. 38 See, for example, Otto-Preminger-Institut v. Austria, 20 September 1994, Application No. 13470/87 and Wingrove v. United Kingdom, 25 November 1996, Application No. 17419/90. See also Giniewski, para. 52. 39 Otto-Preminger-Institut, para. 49. 40 See, for example, Castells v. Spain, 24 April 1992, Application No. 11798/85 (European Court of Human Rights), Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism, Advisory Opinion OC5/85 of 13 November 1985, Series A, No. 5 (Inter-American Court of Human Rights) and UN Human Rights Committee General Comment 25, issued 12 July 1996. This is also recognised by the ICTR in Nahimana, para. 1006. 41 Article 19 of the UDHR provides that “Everyone has the right to freedom of opinion and expression; this right includes the right to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” 42 General Comment 11: Prohibition of propaganda for war and inciting national, racial or religious hatred (Art. 20), 29 July 1983. 43 See Articles 13(2) and (3). 44 See Media Rights Agenda and Others v. Nigeria, 31 October 1998, Nos. 105/93, 128/94 and 152/96. See also the Declaration of Principles on Freedom of Expression in Africa, adopted by the African Commission on Human and Peoples’ Rights at its 32nd Session, 17-23 October 2002. 45 The European Court of Human Rights, for example, interpreting a similar rule in Article 10 of the ECHR, has stated: “Freedom of expression … is subject to a number of exceptions which, however, must be narrowly interpreted and the necessity for any restrictions must be convincingly established.” See Thorgeirson v. Iceland, 25 June 1992, Application No. 13778/88, para. 63. 46 See The Sunday Times v. United Kingdom, 26 April 1979, Application No. 6538/74, para. 49 (European Court of Human Rights). 47 See, for example, Goodwin v. United Kingdom, 27 March 1996, Application No. 17488/90 (European Court of Human Rights), para. 33.