Report of the Bahrain Independent Commission of Inquiry

Chapter X — Allegations of Media Harassment
freedom of expression” and that “this right shall include freedom to seek,
receive and impart information and ideas of all kinds.” 809
1616. Article 20(2) of the ICCPR provides that “[a]ny advocacy of national,
racial or religious hatred that constitutes incitement to discrimination, hostility
or violence shall be prohibited by law.”
1617. Article 19(3) of the ICCPR provides that restrictions may be imposed
on the exercise of freedom of expression, but any such restrictions must be
provided by law and must be necessary for “respect of the rights or reputations
of others” or for “the protection of national security or of public order (ordre
public), or of public health or morals.” 810 In addition, restrictions on the
freedom of expression must conform to the strict tests of necessity and
proportionality.
1618. The Human Rights Committee has emphasised that for the purposes
Article 19(3),
a norm, to be characterized as a “law”, must be formulated with
sufficient precision to enable an individual to regulate his or her
conduct accordingly and it must be made accessible to the public.
A law may not confer unfettered discretion for the restriction of
freedom of expression on those charged with its execution. Laws
must provide sufficient guidance to those charged with their
execution to enable them to ascertain what sorts of expression are
properly restricted and what sorts are not. 811
1619. The Committee has also observed that “restrictive measures must
conform to the principle of proportionality; they must be the least intrusive
instrument amongst those which might achieve their protective function; they
must be proportionate to the interest to be protected.” 812 Thus, “when a State
party invokes a legitimate ground for restriction of freedom of expression, it
must demonstrate in specific and individualised fashion the precise nature of
the threat, and the necessity and proportionality of the specific action taken, in
particular by establishing a direct and immediate connection between the
expression and the threat.” 813
809 See also article 32 of the Arab Charter on Human Rights 2004, which guarantees the right
to information and to freedom of opinion and expression.
810 Similarly, article 32(2) of the Arab Charter provides that these 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.”
811 Human Rights Committee, General Comment No. 34: Article 19 Freedoms of Opinion and
Expression (2011) para 25.
812 Human Rights Committee, General Comment No. 34: Article 19 Freedoms of Opinion and
Expression (2011) para 34.
813 Human Rights Committee, General Comment No. 34: Article 19 Freedoms of Opinion and
Expression (2011) para 34. For other relevant statements by the Human Rights Committee in
regard to article 19(3) of the ICCPR, see Chapter VI, Section E.
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