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International Standards of International Standards of Broadcast RegulationBroadcast Regulation

Prepared by Michael KaranicolasPrepared by Michael KaranicolasLegal OfficerLegal OfficerCentre for Law and DemocracyCentre for Law and Democracy

Freedom of ExpressionFreedom of Expression1.1. The right to hold opinions without interference.The right to hold opinions without interference.

2.2. The right to seek, receive and impart information The right to seek, receive and impart information and ideas of all kinds.and ideas of all kinds.

3.3. The right to access information, as recognized The right to access information, as recognized internationally.internationally.

4.4. States have a responsibility not only to refrain from States have a responsibility not only to refrain from infringing the right, but to work to protect it.infringing the right, but to work to protect it.

Freedom of ExpressionFreedom of Expression

• Universal Declaration of Human Rights - Art. 19Universal Declaration of Human Rights - Art. 19• International Covenant on Civil and Political Rights - International Covenant on Civil and Political Rights -

Art. 19Art. 19• Convention on the Rights of the Child - Art. 13Convention on the Rights of the Child - Art. 13• American Convention on Human Rights - Art. 13American Convention on Human Rights - Art. 13• European Convention on Human Rights - Art. 10European Convention on Human Rights - Art. 10• African Charter on Human and PeopleAfrican Charter on Human and People’’s Rights - Art. 9s Rights - Art. 9

Freedom of Expression in the ICCPR:Freedom of Expression in the ICCPR:

19(3) The exercise of [freedom of expression] carries with it 19(3) The exercise of [freedom of expression] carries with it special duties and responsibilities. It may therefore be subject special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are to certain restrictions, but these shall only be such as are provided by law and are necessary:provided by law and are necessary:

(a) For respect of the rights or reputations of others;(a) For respect of the rights or reputations of others;(b) For the protection of national security or of public (b) For the protection of national security or of public order (ordre public), or of public health or morals.order (ordre public), or of public health or morals.

Freedom of ExpressionFreedom of Expression

• Negative obligations: must not restrict freedom of Negative obligations: must not restrict freedom of expression except in accordance with the three part expression except in accordance with the three part testtest

• Positive obligations: copyright, broadcast regulation, Positive obligations: copyright, broadcast regulation, etc.etc.

Key GoalsKey Goals

• Freedom of expression and of informationFreedom of expression and of information• A diverse, pluralistic media landscapeA diverse, pluralistic media landscape• Maximum accessibilityMaximum accessibility• Optimal use of the airwaves to promote the public Optimal use of the airwaves to promote the public

interestinterest

Thank you!Thank you!

Michael KaranicolasMichael Karanicolasmichael@law-democracy.org

@RTI_Law@RTI_Lawwww.law-democracy.orgwww.law-democracy.org