6. Prior censorship, according to the Inter-American Court, is ‘always incompatible
with the full enjoyment’ of the right to free expression.865 For example, news is
a perishable commodity and ‘to delay its publication, even for a short period,
may well deprive it of all its value and interest’.866 Penalties imposed after
publication are likely to be considered more proportionate than an injunction
restraining publication.867
7. Human rights treaties do, however, provide circumstances in which it may be
permissible to limit the right to free expression.868
Political and public interest expression
8. Political expression, which includes expression concerning the public interest,
is the most protected form of freedom of speech.869 As the Human Rights
Committee has noted in its General Comment No.34 (2011) on Article 19: ‘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. The public also has a
corresponding right to receive media output’.870
9. Therefore where a journalist published comments which criticised a public
figure, the Human Rights Committee noted ‘in circumstances of public debate
in a democratic society, especially in the media, concerning figures in the public
domain, the value placed by the Covenant on uninhibited expression is
particularly high’.871 Media should be able to criticise and pass comment on
political figures and political issues without restraint.872
10. Membership of opposition political parties or trade unions is protected and any
‘blanket restrictions’ will violate the right to free expression.873
11. The Human Rights Council has also called on States to promote respect and
ensure women’s exercise of freedom of opinion and expression, including as
members of NGOs and associations, and in their participation in societies.874
865
Compulsory Membership in an Association Prescribed by law for the Practice of Journalism, Advisory
Opinion OC-5/85, 13th November 1985, Series A, No.5, p.103.
866
European Court, Observer and Guardian v UK, 26 November 1991.
867
European Court, Stoll v Switzerland, 10 December 2007.
868
Human Rights Committee, Communication 458/1991, Mukong v Cameroon, 21 July 1994;
Communication 1022/2001, Velichkin v Belarus, 20 October 2005.
869
European Court, Vgt Verein gegen Tierfabriken v Switzerland, 28 September 2009.
870
CCPR/C/GC/34, para 13.
871
Communication 1180/2003, Zelijo Bodrozic v Serbia and Montenegro, CCPR/C/85/D/1180/2003
(2006), para 7.2. See European Court, Fatullayev v Azerbaijan, 4 October 2010.
872
Human Rights Committee, General Comment No.25, A/51/40, Vol.1, para 25.
873
African Commission, Communications 48/90 et al, Amnesty International and others v Sudan, 15
November 1999, para 77.
874
A/HRC/RES/23/2, The Role of freedom of opinion and expression in women’s empowerment, 24
June 2013, para 3.
140
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