Human Rights of Armed Forces Personnel The participating States reaffirmed this commitment in Budapest in 1994, maintaining that “freedom of expression is a fundamental human right and a basic component of a democratic society”. In Astana in 2010, they further recognized “the important role played by civil society and free media in helping us to ensure full respect for human rights […]”. Further human rights commitments make clear that freedom of expression includes the right to disseminate and publish views and information.177 In Istanbul in 1999, the participating States reiterated “the importance of […] the free flow of information as well as the public’s access to information.”178 ICCPR Article 19, paragraph 2 of the ICCPR requires States Parties to guarantee the right to freedom of expression, including the right to “seek, receive and impart information and ideas of all kinds, regardless of frontiers” (see Box 6.1). This right includes the expression and receipt of all ideas and opinions capable of being transmitted from one person to another. It includes, inter alia, political discussions, comments on public affairs, canvassing, discussions of human rights and journalism. The scope of paragraph 2 embraces even expression that may be regarded as deeply offensive, although such expression may be restricted in accordance with the provisions of Article 19, paragraph 3 and Article 20 (concerning propaganda or war and incitement of national, racial and religious hatred). All forms of expression and the means of their dissemination are protected,179 including spoken and written means of expression, such as books, newspapers, pamphlets, posters, banners and all forms of audiovisual communications, as well as electronic and internet-based modes of expression. In line with paragraph 3, Article 19 of the ICCPR, the protection of national security is a legitimate ground for restricting the freedom of expression, where the restriction is provided by law, necessary and proportionate. However, the UN Human Rights Committee has cautioned that: “Extreme care must be taken by States parties to ensure that treason laws and similar provisions relating to national security, whether described as official secrets or sedition laws or otherwise, are crafted and applied in a manner that conforms to the strict requirements of paragraph 3. It is not compatible with paragraph 3, for instance, to invoke such laws to suppress or withhold from the public information of legitimate public interest that does not harm national security.”180 94 177 Ibid., para. 10.1. 178 OSCE, “Istanbul Document, Charter for European Security: III. Our Common Response”, 19 November 1999, https://www.osce.org/mc/39569. 179 UN Human Rights Committee, Kivenmaa v. Finland, Communication No. 412/1990, para. 9.3. 180 UN Human Rights Committee, “General Comment No. 34, Article 19: Freedoms of Opinion and Expression”, 12 September 2011, CCPR/C/GC/34, para. 30.

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