X.
Human Rights and the Guarantee of
Democratic Pluralism
A. Freedom of Expression
International provisions
Article 19, UDHR:
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.
Article 19 ICCPR:
1. Everyone shall have the right to hold opinions without interference.
2. 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.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special
duties and responsibilities. It may therefore 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;
(b) For the protection of national security or of public order (ordre public), or of public health
or morals.
Article 20 ICCPR
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to
discrimination, hostility or violence shall be prohibited by law.
Article 32 Arab Charter
1. The present Charter guarantees the right to information and to freedom of opinion and
expression, as well as the right to seek, receive and impart information and ideas through any
medium, regardless of geographical boundaries.
2. Such rights and freedoms shall be exercised in conformity with the fundamental values of
society and shall be subject only to such limitations as are required to ensure respect for the
rights or reputation of others or the protection of national security, public order and public
health or morals.
Relevant domestic provisions:
Article 19 Palestinian Basic Law
Freedom of opinion may not be prejudiced. Every person shall have the right to
express his opinion and to circulate it orally, in writing or in any form of expression or
art, with due consideration to the provisions of the law.
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