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"All of the major human rights treaties and other instruments either require by their terms or else have been interpreted to require that restrictions on freedom of expression meet a three-part test. First, any restriction must be provided by law. Second, in order to provide a legitimate basis for limitation, the restriction must serve one of the purposes stated in the treaty. The [ICCPR] permits restrictions only to protect 'the rights or reputations of other', 'national security', 'ordre public' (which in addition to public order includes the general welfare), 'public health or morals', 'propaganda for war' or 'incitement to discrimination, hostility or violence' on grounds of nationality, race or religion. Third, any restriction must be necessary 'in a democratic society'. To be necessary, a restriction does not have to be 'indispensable', but it must be more than merely 'reasonable' or 'desirable'. A 'pressing social need' must be demonstrated, the restriction must be proportionate to the legitimate aim pursued, and the reasons given to justify the restriction must relevant and sufficient. Where the information subject to restriction involves a matter of undisputed public concern" (which would include political debate during election campaign periods) the information may be restricted only if it appears 'absolutely certain' that its diffusion would have the adverse consequences legitimately feared by the state."
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