[Chapter-delegates] China's remarks to the UN Human Rights Council panel on freedom of expression and the Internet

[Marcin Cieslak]

On Fri, 2 Mar 2012, Christian de Larrinaga wrote:

> 
> 
> So this means "filter out dissent (because dissent=criminality according to the cited behaviours) but not copyright violations"?
> 
> Does anybody know what provisions to modify "freedom of expression" are justifiable under "art. 19, 20 of ICCPR and article 4 of ICESR" ? Presumably this is being cited to justify filtering and other measures. Are these drafted in such a way as to provide space to link dissent to general criminality in the way described?

Article 19 of ICCPR

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right
shall include freedom to seek, receive and impart information and ideas
of all kinds, regardless of frontiers, either orally, in writing or in
print, in the form of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this
article carries with it special duties and responsibilities. It may
therefore be subject 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.

Article 20 of ICCPR

1. Any propaganda for war shall be prohibited by law.

2. Any advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence shall be prohibited
by law.

Article 4 of ICESR

The States Parties to the present Covenant recognize that, in the
enjoyment of those rights provided by the State in conformity with
the present Covenant, the State may subject such rights only to such
limitations as are determined by law only in so far as this may be
compatible with the nature of these rights and solely for the purpose of
promoting the general welfare in a democratic society.


Interesting revervations to the treaty:

The Netherlands:
      Article 19, paragraph 2

      The Kingdom of the Netherlands accepts the provision with the
      proviso that it shall not prevent the Kingdom from requiring the
      licensing of broadcasting, television or cinema enterprises. "

      Article 20, paragraph 1

      "The Kingdom of the Netherlands does not accept the obligation set
      out in this provision in the case of the Netherlands."


Switzerland:
       Switzerland reserves the right not to adopt further measures
       to ban propaganda for war, which is prohibited by article 20,
       paragraph 1.

Ireland:
       Ireland accepts the principle in paragraph 1 of article 20 and
       implements it as far as it is practicable. Having regard to
       the difficulties in formulating a specific offence capable of
       adjudication at a national level in such a form as to reflect
       the general principles of law recognised by the community of
       nations as well as the right to freedom of expression, Ireland
       reserves the right to postpone consideration of the possibility
       of introducing some legislative addition to, or variation of,
       existing law until such time as it may consider that such is
       necessary for the attainment of the objective of paragraph 1 of
       article 20.

US:
       That article 20 does not authorize or require legislation or
       other action by the United States that would restrict the right
       of free speech and association protected by the Constitution and
       laws of the United States.

and I think a pretty important declaration:

       For the United States, article 5, paragraph 2, which provides
       that fundamental human rights existing in any State Party may
       not be diminished on the pretext that the Covenant recognizes
       them to a lesser extent, has particular relevance to article
       19, paragraph 3 which would permit certain restrictions on the
       freedom of expression. The United States declares that it will
       continue to adhere to the requirements and constraints of its
       Constitution in respect to all such restrictions and limitations.

This seems to me to be very important in this context.

//Marcin