restriction allowed by article 19 (3), namely, the protection of national security. It is plain that North Korean policies were well known within the territory of the State party and it is not clear how the (undefined) "benefit" that might arise for the DPRK from the publication of views similar to their own created a risk to national security, nor is it clear what was the nature and extent of any such risk. There is no indication that the courts, at any level, addressed those questions or considered whether the contents of the speech or the documents had any additional effect upon the audience or readers such as to threaten public security, the protection of which would justify restriction within the terms of the Covenant as being necessary. The Committee considers, therefore, that the State party has failed to specify the precise nature of the threat allegedly posed by the author’s exercise of freedom of expression, and that the State party has not provided specific justifications as to why over and above prosecuting the author for contraventions of the Law on Assembly and Demonstration and the Law on Punishment of Violent Activities (which forms no part of the author’s complaint), it was necessary for national security also to prosecute the author for the exercise of his freedom of expression. The Committee considers therefore that the restriction of the author’s right to freedom of expression was not compatible with the requirements of article 19, paragraph 3, of the Covenant. --Kim v. Republic of Korea, Case No. 574/94, Views adopted on 3 November 1998 (paras. 12.4- 12.5). European Court of Human Rights The Court … observes that in [another] judgment…, it reiterated that there is little scope under Article 10 § 2 of the Convention for restrictions on political speech or on debate on questions of public interest. Furthermore, the limits of permissible criticism are wider with regard to the government than in relation to a private citizen, or even a politician. In a democratic system the actions or omissions of the government must be subject to the close scrutiny not only of the legislative and judicial authorities but also of public opinion. Moreover, the dominant position which a government occupies makes it necessary for it to display restraint in resorting to criminal proceedings, particularly where other means are available for replying to the unjustified attacks and criticisms of its adversaries. Nevertheless, it certainly remains open to the competent State authorities to adopt, in their capacity as guarantors of public order, measures, even of a criminal-law nature, intended to react appropriately and without excess to such remarks…. Finally, where such remarks incite people to violence, the State authorities enjoy a wider margin of appreciation when examining the need for an interference with freedom of expression. --Sener v. Turkey, ECHR, 18 July 2000 (para. 40). 71