12 DAVID FELDMANThis chapter examines the extent to which the law of the United Kingdom
complies with the requirements of Articles 19 and 20 of the ICCPR. Article
19 is a general provision which brings together the autonomy-related
approach to individual rights under the Covenant with the participationrelated approach: freedom of expression and its associated rights to obtain
and to impart information allow people both to hold and assert their own
views and attitudes, as an exercise of the autonomy of the individual,
and to participate in a worthwhile way in the processes of politics and
government. Article 20, by contrast, is a response to a particular problem,
that of nationalism and incitement to hatred of ethnic and religious groups,
which had been current for many centuries but which was particularly
obvious in the light of the Nazi horrors perpetrated by Hitler and his
followers during Germany's Third Reich. This chapter first examines the
extent to which the United Kingdom meets the requirements of Article 19.
This involves considering the extent to which restrictions of freedom of
expression are justifiable by reference to the objectives set out in Article
19(3). Finally, the chapter evaluates the United Kingdom's compliance
with Article 20, and the relationship between the state's obligations under
Article 20 and people's rights under Article 19.
Freedom of Expression
FREEDOM OF EXPRESSION UNDER ARNCLE 19Article 19, headed 'Freedom of Opinion, Expression and Information',
|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|
Questia, a part of Gale, Cengage Learning. www.questia.com
Book title: The International Covenant on Civil and Political Rights and United Kingdom Law.
Contributors: David Harris - Editor, Sarah Joseph - Editor.
Publisher: Clarendon Press.
Place of publication: Oxford.
Publication year: 1995.
Page number: 391.
This material is protected by copyright and, with the exception of fair use, may
not be further copied, distributed or transmitted in any form or by any means.