Other treaties, such as the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities, directly or indirectly protect the right to freedom of expression for 2 There were 173 States Parties as of July 2022. [...] The third part of the test asks whether the restriction is necessary to protect the interest identified in the second part of the test. [...] Commenting on the COVID-19 pandemic, the UN Special Rapporteur for freedom of expression noted: Given the importance of information and freedom of expression to the development of opinion and to the efforts to address the public health crisis, States should also avoid any derogation from their obligations under article 19 of the Covenant. [...] The core reason for this was the “total discretion and finality of the decision” of the registration board, which “invites censorship” and endangers the right of the public to receive information. [...] 22 Model Training Materials: Overview of Freedom of Expression under International Law Discussion Questions • Why does freedom of expression protect the right to seek and receive information as well as the right to speak? What are the implications of protecting the former? What responsibilities does this aspect of the right impose on States? • Do you understand the main components of the three-par.
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Table of Contents
- Introduction 3
- Background Reading 3
- Protection for Freedom of Expression under International Law 4
- Key Features of the Right to Freedom of Expression 5
- Inter-American Court of Human Rights Claude-Reyes v. Chile 6
- Restrictions on Freedom of Expression The Three-Part Test 7
- The Human Rights Committee 8
- What States Must Demonstrate to Meet the Necessity Requirement 8
- The Necessity Test in Practice Examples from Human Rights Bodies and Courts 9
- Example Derogations during Public Health Emergencies 10
- Applying the Three-Part Test Content Restrictions 11
- Defamation 11
- National Security 11
- Privacy 12
- Hate Speech 12
- Disinformation 12
- Other Types of Content Restrictions 13
- Media Freedom Media Diversity and Media Regulation 14
- Examples Improper Journalist Licensing and Newspaper Registration Rules 14
- Examples Broadcast Licensing and Freedom of Expression 16
- Freedom of Expression in the Digital Era 17
- Complexities in Regulating Harmful Online Speech An Example from Germany 19
- Community Court of Justice of the Economic Community of West African States 20
- Decisions on Internet Freedom 20
- Further Reading and Useful Sources 21
- Exercises 22
- Discussion Questions 25
- Sample Agendas 26
- Date 26
- Location 26