[governance] Limitations of Rights of Access

Salanieta T. Tamanikaiwaimaro salanieta.tamanikaiwaimaro at gmail.com
Sun Jun 5 19:04:33 EDT 2011

Dear All,

There was an Article in the LA Times in relation to a Special Rapporteur’s
Report to the UN Human Rights Council.

 If this was posted before, I apologise, must have missed it, see:

The journalist who reported on the Report did not report on the tests which
I find interesting, on page 8.

There are generally accepted principles that the right to freedom of
expression can be curtailed in certain instances. Frank La Rue (Special
Rapporteur)  advises and the Report states in page 8 of the Report that any
limitation to the right of freedom of expression must pass a three-part
cumulative test (excerpt from Report are highlighted in yellow):-

 (a) It must be provided by law, which is clear and accessible to everyone
(principles of predictability and transparency); and

(b) It must pursue one of the purposes set out in article 19, paragraph 3,
of the Covenant, namely (i) to protect the rights or reputations of others,
or (ii) to protect national security or of public order, or of public health
or morals (principle of legitimacy); and

(c) It must be proven as necessary and the least restrictive means required
to achieve the purported aim (principles of necessity and proportionality).

Moreover, any legislation restricting the right to freedom of expression
must be applied by a body which is independent of any political, commercial,
or other unwarranted influences in a manner that is neither arbitrary nor
discriminatory, and with adequate safeguards against abuse, including the
possibility of challenge and remedy against its abusive application.

25. As such, legitimate types of information which may be restricted include
child pornography (to protect the rights of children),8 hate speech (to
protect the rights of affected communities),9 defamation (to protect the
rights and reputation of others against unwarranted attacks), direct and
public incitement to commit genocide (to protect the rights of others),10
and advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence (to protect the rights
of others, such as the right to life).

 Kind Regards,



"Stillness in the midst of the noise".
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