This document discusses balancing freedom of expression with censorship and restrictions on online content. It provides examples of controversial content from countries like Iran, Tunisia, Pakistan, and India. The Special Rapporteur's report outlines a three-part test for restrictions on online content: it must be provided by law, pursue a legitimate aim under Article 19 of the ICCPR such as protecting rights or security, and be necessary and proportional. Maintaining this balance is challenging and different regions prioritize rights like intellectual property versus privacy and censorship differently.

1. FREEDOM OF EXPRESSION
Controversy Conflict
Who determines the balance???
Ethics

2. Navigating through the Maze!!!
Filtering
Objectionable
Content
Censorship
Balance
Religious content
Hate Speech
Lawful content

3. Objectionable Content
• Child Pornography
• Hate Speech
• Defamation
• Direct & Public Incitement to commit
genocide
• Advocacy of National/Racial/Religious Hatred
• Incitement to discrimination, hostility and
violence

4. IRAN
Source:
http://www.amnesty.org.au/news/comments/27997/?utm_medium=twitter&utm_sour
accessed on 28th
February 2012

5. TUNISIA
• This month, three newsmen
from Tunisian printed
newspaper Attounisia were
arrested for publishing a
controversial picture of Tunisian
and Real Madrid soccer player
Sami Kedira and model Lena
Gercke's naked photograph.
Source:
http://globalvoicesonline.org/2012/02/20/tunisia-a-year-after-the-revolution-limitations-o
Accessed on 28th
February, 2012

6. PAKISTAN
Source: http://ictrdf.org.pk/ and http://content.bytesforall.pk/node/39

7. INDIA
Source:
http://www.ndtv.com/article/india/can-block-websites-like-china-delhi-high-court-warns-fa
accessed on 28th February 2012

8. Special Rapporteur’s Report
As with offline content,
when a restriction is
imposed as an exceptional
measure on online
content, it must pass
a three-part, cumulative
test:

9. La Rue’s Test
"As with offline content, when a restriction is imposed as an exceptional measure on
online content, it must pass a three-part, cumulative test:
(1) it must be provided by law, which is clear and accessible to everyone
(principles of predictability and transparency);
(2) it must pursue one of the purposes set out in article 19, paragraph 3, of the
International Covenant on Civil and Political Rights , namely: (i) to protect the
rights or reputations of others; (ii) to protect national security or public order, or
public health or morals (principle of legitimacy); and
(3) it must be proven as necessary and the least restrictive means required to
achieve the purported aim (principles of necessity and proportionality). In
addition, any legislation restricting the right to freedom of expression must be
applied by a body which is independent of any political, commercial, or other
unwarranted influences in a manner that is neither arbitrary nor discriminatory.
There should also be adequate safeguards against abuse,including the possibility
of challenge and remedy against its abusive application."
Source:
http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.pdf

10. Article 19 of the 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.

11. Hu Jia on Freedom of Expression
#China #HumanRights activist Hu Jia: - Freedom
of expression is the starting point of the rights
of all citizens is the key to open the
democratization of China. Protect your
freedom of speech is my civic responsibility,
safeguarding freedom of expression in society,
it is my civic mission. @hu_jia
Source: http://www.twitlonger.com/show/g1erh0 accessed on 28th February, 2012

12. Freedom JusticePeace
EQUAL AND INALIENABLE RIGHTS OF ALL MEMBERS
OF THE HUMAN FAMILY

13. Who determines the Balance?
European Court of Justice
• EU law precludes the imposition of an injunction by a
national court which requires an Internet Service
Provider (ISP) to install a filtering system with a view to
preventing the illegal downloading of files, see the
Press
Release: http://curia.europa.eu/jcms/upload/docs/app
lication/pdf/2011-11/cp110126en.pdf The actual
Judgment that was just released on the 24th
November, 2011 is available
here: http://curia.europa.eu/jurisp/cgi-bin/form.pl?
lang=EN&Submit=Submit&numaff=C-70/10

14. Prioritisation of Rights
Intellectual Property
Rights
Freedom to receive and
impart information
Right of ISPs to conduct
business freely
Rights of consumers
to Privacy

15. Trends
• US – protection of private ownership rights
against privacy (US)
• Europe (ECJ) – protection of private rights to
be "left alone" (Europe)
• India/China/Pakistan/Iran/Fiji – Public Order.

16. Who determines the Balance?

17. THE END