A/HRC/14/23 74. Article 19, paragraph 3, of the International Covenant on Civil and Political Rights sets out three factors that should be taken into account when assessing whether restrictions are permissible: (a) they must be provided for by law; (b) they must be necessary; and (c) they must pursue one of the legitimate aims set forth in the article, i.e. (i) the respect of the rights or reputations of others; (ii) the protection of national security or public order (ordre public); or (iii) the protection of public health or morals. In addition, in its article 20, paragraph 2, the Covenant states that “any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law”. 75. The Special Rapporteur notes that, despite the provisions of the Covenant, States frequently limit or restrict freedom of expression arbitrarily, sometimes by recourse to criminal legislation, in order to silence dissent or criticism. In view of such practices, the Special Rapporteur wishes to draw attention to some of the existing principles that may be used to determine whether or not a limitation or restriction to the right of freedom of expression is legitimate within the framework of existing standards. 76. The limitations and restrictions must be provided for by prior law within the framework of international human rights law and the principles deriving therefrom. 77. The general principle is that permissible limitations and restrictions must constitute an exception to the rule and must be kept to the minimum necessary to pursue the legitimate aim of safeguarding other human rights established in the Covenant or in other international human rights instruments. 78. The principles proposed in this document have been compiled by the Special Rapporteur from various public sources, including the Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights (E/CN.4/1985/4, annex) and the general comments adopted by the Human Rights Committee, including No. 10 (article 19 of the Covenant),6 No. 11 (article 20 of the Covenant) and No. 27 (article 12 of the Covenant). Although general comment No. 27 concerns freedom of movement, it encapsulates the Human Rights Committee’s position on permissible limitations on the rights established in the Covenant. 79. The Special Rapporteur proposes the following principles for determining the conditions that must be satisfied in order for a limitation or restriction on freedom of expression to be permissible: (a) The restriction or limitation must not undermine or jeopardize the essence of the right of freedom of expression; (b) The relationship between the right and the limitation/restriction or between the rule and the exception must not be reversed; (c) All restrictions must be provided for by pre-existing statutory laws issued by the legislative body of the State; (d) Laws imposing restrictions or limitations must be accessible, concrete, clear and unambiguous, such that they can be understood by everyone and applied to everyone. They must also be compatible with international human rights law, with the burden of proving this congruence lying with the State; (e) Laws imposing a restriction or limitation must set out the remedy against or mechanisms for challenging the illegal or abusive application of that limitation or 6 GE.10-13049 The Special Rapporteur notes that the Human Rights Committee is drafting a general comment on article 19 of the Covenant. 13