Summary
Everyone has the right to freedom of expression, whether through public speeches or other means.
Obligations
Election Parts
Issues
Criteria
Quotes
- Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
- Everyone shall have the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas by any legal means without interference by a public authority and regardless of frontiers.
- Each Party undertakes, subject to the provisions of Article 9, to guarantee to foreign residents, on the same terms as to its own nationals: a. the right to freedom of expression; this right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
- In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: (d) Other civil rights include: (viii) the right to freedom of opinion and expression.
- The Parties undertake to recognise that the right to freedom of expression of every person belonging to a national minority include the freedom to hold opinions and to receive and impart information and ideas in the minority language, without interference by public authorities and regardless of frontiers. The Parties shall ensure, within the framework of their legal systems, that persons belonging to a national minority are not discriminated against in their access to media.
- Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority regardless of frontiers.
- Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one's choice.
- 1. The child shall have the right to freedom of expression; this right shall include freedom to speak, 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 the child's choice. 2. The exercise of this right may 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; or (b) For the protection of national security or of public order (ordre public), or of public health or morals.
- The freedom of the press shall be guaranteed.
- 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.
- States Parties shall take all appropriate measures to ensure that persons with disabilities can exercise the right to freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas on an equal basis with others and through all forms of communication of their choice, as defined in article 2 of the present Convention,
- The second issue is, therefore, whether in the present case such obstacles are justified under article 19, paragraph 3 [Freedom of Opinion and Expression], of the Covenant, which allows certain restrictions but only as provided by law and necessary: (a) for respect of the rights or reputations of others; and (b) for the protection of national security or of public order (ordre public), or of public health or morals. The right to freedom of expression is of paramount importance, and any restrictions to the exercise of this right must meet a strict test of justification.
- The Committee notes that it is for the State party to show that the restriction on the author’s freedom of speech was necessary in the present case. Even if a State party may introduce a permit system aiming to strike a balance between an individual’s freedom of speech and the general interest in maintaining public order in a certain area, such a system must not operate in a way that is incompatible with article 19 of the Covenant. In the present case, the author made a public address on issues of public interest. On the evidence of the material before the Committee, there was no suggestion that the author’s address was either threatening, unduly disruptive or otherwise likely to jeopardise public order in the mall; indeed, police officers present, rather than seeking to curtail the author’s address, allowed him to proceed while videotaping him. The author delivered his speech without a permit. For this, he was fined and, when he failed to pay the fine, he was held in custody for five days. The Committee considers that the State party’s reaction in response to the author’s conduct was disproportionate and amounted to a restriction of the author’s freedom of speech which was not compatible with article 19, paragraph 3, of the Covenant. It follows that there was a violation of article 19, paragraph 2, of the Covenant.
- The Committee recalls, first, that right to freedom of expression is not absolute and that its enjoyment may be subject to limitations.However, pursuant to article 19, paragraph 3, only such limitations are permissible as are provided for by law and that 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. The Committee reiterates in this context that the right to freedom of expression is of paramount importance in any democratic society, and that any restrictions on its exercise must meet strict tests of justification.
- As regards, in particular, the choice of electoral system, the Court reiterates that the Contracting States enjoy a wide margin of appreciation in this sphere. In that regard, Article 3 of Protocol No. 1 goes no further than prescribing “free” elections held at “reasonable intervals”, “by secret ballot” and “under conditions which will ensure the free expression of the opinion of the people”. Subject to that reservation, it does not create any “obligation to introduce a specific system” such as proportional representation or majority voting with one or two ballots (see Mathieu-Mohin and Clerfayt, cited above, § 54).
- In relation to article 19 States parties should inform the Committee of any laws or other factors which may impede women from exercising the rights protected under this provision on an equal basis.
- Article 3 of Protocol No. 1 enshrines a fundamental principle of an effective political democracy. It implies the subjective rights to vote and to stand for election (see Paksas v. Lithuania [GC], no. 34932/04, § 96, 6 January 2011). This provision also expressly refers to “conditions which will ensure the free expression of the opinion of the people in the choice of the legislature”. In the 1987 case of Mathieu-Mohin and Clerfayt v. Belgium (judgment of 2 March 1987, § 54, Series A no. 113), the Court noted that this part of Article 3 “implies essentially - apart from freedom of expression ... - the principle of equality of treatment ...”. Thus, already at that time the Court recognised that “freedom of expression” was an important part of the “free expression of the opinion”. The interrelation between free elections and freedom of expression was also emphasised in Bowman v. the United Kingdom (judgment of 19 February 1998, Reports 1998-I, § 42), where the Court held that “it is particularly important in the period preceding an election that opinions and information of all kinds are permitted to circulate freely”. Lastly, in Yumak and Sadak v. Turkey [GC], cited above, the Court held that the State was under an obligation to adopt positive measures to organise elections “under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature”.
- The Court has already admitted that political pluralism can be regarded as a “pressing social need” legitimising some forms of interference with the freedom of expression (see Bowman, cited above). At the same time the Court has repeatedly warned against prior restraints on free speech (see, for example, The Sunday Times v. the United Kingdom (no. 2), 26 November 1991, § 51, Series A no. 217), and stressed that in the sphere of political debate wide limits of criticism are acceptable (see Lingens v. Austria, judgment of 8 July 1986, Series A no. 103, §§ 41 and 42). The question is what sort of interference with journalistic freedom would be appropriate in the circumstances in order to protect the applicants’ rights under Article 3 of Protocol No. 1.
- In order to ensure the full enjoyment of rights protected by article 25, the free communication of information and ideas about public and political issues between citizens, candidates and elected representatives is essential. This implies a free press and other media able to comment on public issues without censorship or restraint and to inform public opinion. It requires the full enjoyment and respect for the rights guaranteed in articles 19, 21 and 22 of the Covenant, including freedom to engage in political activity individually or through political parties and other organizations, freedom to debate public affairs, to hold peaceful demonstrations and meetings, to criticize and oppose, to publish political material, to campaign for election and to advertise political ideas.
- Regarding the author’s claim under article 21 of the Covenant, the Committee considers that the State party has failed to demonstrate that the restrictions imposed on the author were necessary in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.
- According to a well-established principle of the Court’s case-law, there can be no democracy without pluralism. The Court considers one of the principal characteristics of democracy to be the possibility it offers for debate through dialogue, without recourse to violence, of issues raised by various tides of political opinion, even when they are troubling or disturbing. Democracy thrives on freedom of expression. It is for that reason that freedom of expression as enshrined in Article 10 is applicable, subject to paragraph 2, not only to “information” or “ideas” that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb (see, among many other authorities, Handyside v. the United Kingdom, 7 December 1976, § 49, Series A no. 24, and Jersild v. Denmark, 23 September 1994, § 37, Series A no. 298). The fact that their activities form part of a collective exercise of freedom of expression in itself entitles political parties to seek the protection of Articles 10 and 11 of the Convention. (see United Communist Party of Turkey and Others, cited above, §§ 42 and 43).
- The Court reiterates that free elections are inconceivable without the free circulation of political opinions and information (see, for example, United Communist Party of Turkey and Others v. Turkey, 30 January 1998, § 44, Reports of Judgments and Decisions 1998-I). Article 3 of Protocol No. 1 will not attain its goal (which is to establish and maintain the foundations of an effective and meaningful democracy governed by the rule of law – see Hirst v. the United Kingdom (no. 2) [GC], no. 74025/01, § 58, ECHR 2005-IX) if candidates cannot disseminate their ideas during the electoral campaign. In Yumak and Sadak v. Turkey [GC] (no. 10226/03, § 106, 8 July 2008) the Court emphasised the role of the State as “ultimate guarantor of pluralism” and stated that in performing that role the State is under an obligation to adopt positive measures to “organise” democratic elections “under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature”.
- The Court recalls that in its above-mentioned Vogt judgment (pp. 25–26, § 52) it articulated as follows the basic principles laid down in its judgments concerning Article 10: (i) Freedom of expression constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and each individual’s self-fulfilment. Subject to paragraph 2 of Article 10, it is applicable not only to “information” or “ideas” that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb; such are the demands of that pluralism, tolerance and broadmindedness without which there is no “democratic society”. Freedom of expression, as enshrined in Article 10, is subject to a number of exceptions which, however, must be narrowly interpreted and the necessity for any exceptions must be convincingly established. (ii) The adjective “necessary”, within the meaning of Article 10 § 2 implies the existence of a “pressing social need”. The Contracting States have a certain margin of appreciation in assessing whether such a need exists, but it goes hand in hand with a European supervision, embracing both the law and the decisions applying it, even those given by independent courts. The Court is therefore empowered to give the final ruling on whether a “restriction” is reconcilable with freedom of expression as protected by Article 10.
- The Committee has to consider whether the restrictions imposed on the author's right to freedom of expression are justified under any of the criteria set out in article 19, paragraph 3. The Committee observes that, in the present case, the State party has merely argued that the right to freedom of expression as guaranteed by article 19, paragraph 2, of the Covenant, may be subject to limitations as provided for by law (article 19, paragraph 3, of the Covenant and article 32 of the Belarus Constitution).
- Every person has the right to freedom of opinion and expression, including freedom to hold opinions without interference and to seek, receive and impart information, whether orally, in writing or through any other medium of that person’s choice.
- We have agreed to: ensure responsible free expression, inclusive of the freedom of the press.
- The participating States reaffirm the right to freedom of expression, including the right to communication and the right of the media to collect, report and disseminate information, news and opinions. Any restriction in the exercise of this right will be prescribed by law and in accordance with international standards. They further recognize that independent media are essential to a free and open society and accountable systems of government and are of particular importance in safeguarding human rights and fundamental freedoms.
- Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
- Safeguard the human and civil liberties of all citizens including the freedom of movement, assembly, association, expression and campaigning as well as access to the media on the part of all stakeholders, during electoral processes as provided for under 2.1.5 above.
- Allow members of such groups and organizations to have unhindered access to and communication with similar bodies within and outside their countries and with international organizations, to engage in exchanges, contact and cooperation with such groups and organizations and to solicit, receive and utilize for the purpose of promoting and protecting human rights and fundamental freedoms voluntary financial contributions from national and international sources as provided for by law.
- Respect the rights of everyone, individually or in association with others, to study and discuss the observance of human rights and fundamental freedoms and to develop and discuss ideas for improved protection of human rights and better means of ensuring compliance with international human rights standards.
- Respect the right of everyone, individually or in association with others to seek, receive, and impart freely views and information on human rights and fundamental freedoms, including the right to disseminate and publish such views and information.
- Transparency in government activities, probity, responsible public administration on the part of governments, respect for social rights, and freedom of expression and of the press are essential components of the exercise of democracy.
- We commit ourselves to take all necessary steps to ensure the basic conditions for free and independent media and unimpeded transborder and intra-State flow of information, which we consider to be an essential component of any democratic, free and open society.
- They will ensure in practice that persons belonging to national minorities or regional cultures on their territories can disseminate, have access to, and exchange information in their mother tongue.
- They consider that the print and broadcast media in their territory should enjoy unrestricted access to foreign news and information services. The public will enjoy similar freedom to receive and impart information and ideas without interference by public authority regardless of frontiers, including through foreign publications and foreign broadcasts. Any restriction in the exercise of this right will be prescribed by law and in accordance with international standards.
- Internally displaced persons, whether or not they are living in camps, shall not be discriminated against as a result of their displacement in the enjoyment of the following rights: (a) The rights to freedom of thought, conscience, religion or belief, opinion and expression.
- Freedom of expression and information, including the right to seek, receive and impart information and ideas, either orally, in writing, or in print, in the form of art, or through any other form of communication, including across frontiers, is a fundamental and inalienable human right and an indispensable component of democracy.
- …Freedom of the press is essential for the full and effective exercise of freedom of expression and an indispensable instrument for the functioning of representative democracy; through which individuals exercise their right to receive, impart and seek information.
- The participating States reaffirm that freedom of expression is a fundamental human right and a basic component of a democratic society. In this respect, independent and pluralistic media are essential to a free and open society and accountable systems of government. They take as their guiding principle that they will safeguard this right.
- [Consider] signing and ratifying or acceding to the International Covenant on Civil and Political Rights and other core international human rights treaties.
- Tak[e] all necessary measures to eliminate laws, regulations and practices that discriminate, directly or indirectly, against citizens in their right to participate in public affairs on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, or on the basis of disability.
- Tak[e] proactive measures to eliminate all barriers in law and in practice that prevent or hinder citizens, in particular women, persons belonging to marginalized groups or minorities, persons with disabilities and persons in vulnerable situations, from participating fully in effectively in political and public affairs, including, inter alia, reviewing and repealing measures that unreasonably restrict the right to participate in public affairs, and considering adopting, on the basis of reliable data on participation, temporary special measure, including legislative acts, aimed at increasing the participation of underrepresented groups in all aspects of political and public life;
- Democracy requires, in particular, the holding, at regular intervals, of free, fair and transparent elections, based on the respect and exercise, without any hindrance or discrimination, of the right to freedom and physical integrity for every voter and every candidate, the rights to freedom of opinion and expression, especially through the press and other communications media, freedom of assembly and demonstration, and freedom of association.
- Democracy requires, in particular, the holding, at regular intervals, of free, fair and transparent elections, based on the respect and exercise, without any hindrance or discrimination, of the right to freedom and physical integrity for every voter and every candidate, the rights to freedom of opinion and expression, especially through the press and other communications media, freedom of assembly and demonstration, and freedom of association.
- Governments have an important negative obligation not to impede the media in playing these functions. In addition, and at least as importantly, governments have a positive obligation to facilitate media pluralism in order to expose the public to the widest variety of sources of information. Indeed, the obligation contained in Article 19 of the International Covenant on Civil and Political Rights (ICCPR), guaranteeing freedom of expression and freedom of information, applies only to governments and certainly not to individual media organizations.
- The legal framework should ensure that: There are no unreasonable restrictions on the right to freedom of expression and whatever restrictions there are be set out in the law.
- Laws that unduly restrict freedom of expression contrary to international and constitutional guarantees should be repealed. Where such laws are still in place during election campaigns, the authorities should apply the constitutional or international guarantees that protect freedom of expression.
- Everyone has the right to freedom of opinion and expression, regardless of sexual orientation or gender identity. This includes the expression of identity or personhood through speech, deportment, dress, bodily characteristics, choice of name, or any other means, as well as the freedom to seek, receive and impart information and ideas of all kinds, including with regard to human rights, sexual orientation and gender identity, through any medium and regardless of frontiers.
- Everyone individually and together with others has the right: To express political opinions without interference; To seek, receive and impart information and to make an informed choice; To move freely within the country in order to campaign for election; To campaign on an equal basis with other political parties, including the party forming the existing government.
- States should put in place effective systems for preventing threats and attacks against the media and others exercising their right to freedom of expression, and for investigating such attacks when they do occur, bringing those responsible to justice and compensating victims. This obligation takes on particular significance during election periods.
- The media should be free to report on election-related matters. They should also be exempted from liability for disseminating unlawful statements made directly by parties or candidates – whether in the context of live broadcasting or advertising – unless the statements have been ruled unlawful by a court or the statements constitute direct incitement to violence and the media outlet had an opportunity to prevent their dissemination.
- The obligation of political figures, including candidates, to tolerate a greater degree of criticism than ordinary persons should be clearly reaffirmed during elections.
- Freedom of expression is an integral part of a democracy and should be guaranteed in a country’s legal framework. This fundamental right guarantees that members of a society are able to impart and receive information without prior censorship, restraint or interference. The right to publish freely without constraint is a key condition of freedom of speech and a major pillar of any democratic society.
- Respect for fundamental rights a. Democratic elections are not possible without respect for human rights, in particular freedom of expression and of the press, freedom of circulation inside the country, freedom of assembly and freedom of association for political purposes, including the creation of political parties.
- Freedom of voters to form an opinion partly overlaps with equality of opportunity. It requires the state – and public authorities generally – to honour their duty of evenhandedness, particularly where the use of the mass media, billposting, the right to demonstrate on public thoroughfares and the funding of parties and candidates are concerned.
- The international standards and case-law make clear that governments have a negative obligation not to interfere with the imparting of information by the media or by willing speakers.
- The rights of freedom of expression, freedom of association and freedom of assembly not previously secured on a permanent basis, be ensured in sufficient time prior to the elections so as to allow political organizations and campaigning, securing information to voters about candidates and issues...
- Guarantees of free speech, opinion, information, assembly, movement and association take on greater significance during elections. The prevailing atmosphere should be one of respect for human rights and fundamental freedoms…
- Administrative authorities must observe their duty of neutrality (see 1.2.2.a.), which is one of the means of ensuring that voters can form an opinion freely.
- Freedom of voters to express their wishes also implies: ii. compliance with the procedural rules; in particular, referendums must be held within the time-limit prescribed by law;
- Freedom of voters to express their wishes also implies: i. that the executive must organise referendums provided for by the legislative system; this is particularly important when it is not subject to the executive’s initiative;
- All citizens, parties, and candidates must enjoy freedom of expression, association, assembly and movement.
- This freedom is one of the cornerstones of a democratic state and is fundamental to ensuring that national minorities participate effectively in public life. It is best guaranteed in the constitution of the State. Governments sometimes seek to justify restrictions of this freedom on the grounds of national security. These restrictions should be subjected to strict scrutiny to ensure validity and the proportionality of the restriction. In particular, the effect of the restrictions on the participation of national minorities in public life should be analysed.
- Fundamental freedoms are essential to the democratic character of the campaign period, and all political participants should enjoy the freedom of association and should be able to freely express their campaign messages and assemble with their constituents free from intimidation or hindrance. Citizens should have the right to express their political convictions freely.
- The following conditions should exist in a country holding an election: no unreasonable limitations placed on a citizen's ability to participate in the political process, including the right to a secret vote and the right to be elected to office; and respect for the rights of freedom of expression, freedom of association and freedom of assembly for a period adequate to allow political organizing and campaigning and to inform citizens about the candidates and issues.
- Freedoms of expression, assembly, association and movement without discrimination are prerequisites for a democratic election process. For there to be an open and fairly contested campaign, it is crucial that there is opportunity for all candidates, political parties, and their supporters – regardless of whether they are in favour of incumbents or opposition – to promote their policies, hold meetings and travel around the country. The electorate should be informed on their range of choice of parties and candidates.
- The freedom of expression, assembly and association are…essential conditions for the effective exercise of the right to vote and must be upheld throughout the entire election process.
- The right of freedom of opinion is guaranteed….this right is absolute and cannot be restricted or interfered with in any manner.
- A democratic election is not possible where the legal framework inhibits or chills campaign speech and expression.
- "FREE" [is] an electoral process where fundamental human rights and freedoms are respected, including: freedom of speech and expression by the electors, parties, candidates and the media.
- The fact is that many countries have legal limitations on free speech, which, if restrictively interpreted, may just be acceptable – but may generate abuses in countries with no liberal, democratic tradition. In theory, they are intended to prevent “abuses” of free speech by ensuring, for example, that candidates and public authorities are not vilified, and even protecting the constitutional system. In practice, however, they may lead to the censoring of any statements which are critical of government or call for constitutional change, although this is the very essence of democratic debate. For example, European standards are violated by an electoral law which prohibits insulting or defamatory references to officials or other candidates in campaign documents, makes it an offence to circulate libellous information on candidates, and makes candidates themselves liable for certain offences committed by their supporters. The insistence that materials intended for use in election campaigns must be submitted to electoral commissions, indicating the organisation which ordered and produced them, the number of copies and the date of publication, constitutes an unacceptable form of censorship, particularly if electoral commissions are required to take action against illegal or inaccurate publications. This is even more true if the rules prohibiting improper use of the media during electoral campaigns are rather vague.
- The rights of freedom of expression and information are guaranteed…. In terms of content, every form of subjective idea or opinion capable of transmission is protected by this article. While [the] scope of the article is not confined to one medium of expression, its importance for political expression should be evident. The electoral process is a mechanism whose very purpose is the expression of the political will of the people. The right to express partisan ideas must, therefore, be firmly guarded during election periods.
- The sanctity of the freedom of association and expression should be protected and strictly adhered to. Relevant electoral laws and code of conduct should provide for this sanctity.