Article 19 ICCPR protects freedom of expression. Permissible restrictions under Article 19(3):
Aunlimited at the State's discretion (cf. ICCPR Article 19) (cf. ICCPR Article 19) (cf. ICCPR Article 19) (cf. ICCPR Article 19) (cf. ICCPR Article 19)
Bonly restrictions for commercial reasons (cf. ICCPR Article 19) (cf. ICCPR Article 19) (cf. ICCPR Article 19) (cf. ICCPR Article 19) (cf. ICCPR Article 19)
Cprovided by law and necessary for: (a) respect of the rights or reputations of others; OR (b) protection of national security or of public order, or of public health or morals
Donly restrictions during a State of emergency (cf. ICCPR Article 19) (cf. ICCPR Article 19) (cf. ICCPR Article 19) (cf. ICCPR Article 19) (cf. ICCPR Article 19)
Answer & Solution
Correct answer: C. provided by law and necessary for: (a) respect of the rights or reputations of others; OR (b) protection of national security or of public order, or of public health or morals
1. Article 19(1) ICCPR: 'Everyone shall have the right to hold opinions without interference.'
2. Article 19(2): right to freedom of expression — to seek, receive and impart information and ideas through any media.
3. Article 19(3) restrictions: must be (a) PROVIDED BY LAW; AND (b) NECESSARY for one of two purposes — (i) respect of rights/reputations of others; (ii) protection of national security or public order, public health or morals.
4. The three-part test: legality, legitimacy, necessity-proportionality (Sunday Times v UK, ECHR 1979).
5. Hence option B is correct.
_Source: UDHR 1948 / ICCPR 1966 / ICESCR 1966 / CAT 1984 / CEDAW 1979 / CRC 1989 / PHRA 1993 / Constitution Part III — ICCPR Article 19_
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