III. Scope of Limitations
Freedom of Expression
77. States shall fully respect in law and practice the right to freedom of expression through
assembly.56 States shall not discriminate among assemblies based on the expression involved.
78. The expression aimed at in and through assemblies is protected by the right to freedom of
expression, and includes expression that may give offense or be provocative.57 Hate speech
and the incitement of violence are not protected and shall be prohibited.58
79. Speech addressing matters of public concern, public interest or political or policy affairs,
including criticism of the state or state officials, including as exercised in the context of an
assembly, is given maximum protection under the right to freedom of expression.59
80. The state shall not discriminate against assemblies on the basis of other illegitimate grounds,
including sex, race, color, ethnic or social origin, genetic features, language, religion or
belief, political or any other opinion, membership of a national minority, migration status,
property, socio-economic status, birth, disability, age, sexual orientation or gender identity.60
81. The right to freedom of expression in the context of assemblies protects the manner in which
assemblies are conducted as well as the paraphernalia used, including flags, masks, symbols,
banners, posters and other objects as well as their content.61 Such symbols may be restricted
where they are intrinsically and exclusively associated with acts of hate speech however.
82. The actions of assemblies shall be reported freely,62 impartially and without discrimination in
the media of a country. The authorities should recognize and respect the right of assembly
monitors to observe the manner in which the assembly is policed.
56 See, e.g., Egyptian Initiative for Personal Rights & INTERIGHTS v. Egypt, Comm. No. 323/06
(2011), paras. 239-256.
57 See International Pen and Others (on behalf of Ken Saro-Wira) v. Nigeria, Comm. Nos. 137/94,
139/94, 154/96 and 161/97 (1998), para. 110.
58 For more on the standards on hate speech in international law, see the Office of the High
Commissioner for Human Rights, Rabat Plan of Action on the prohibition of advocacy of national, racial
or religious hatred that constitutes incitement to discrimination, hostility or violence (2012). Resort to
hate speech by particular individuals may be appropriately dealt with, where there is no imminent threat
of violence, by removal of the person in question, where possible and necessary, and by charges brought
against them after the event.
59 See Kenneth Good v. Botswana, Comm. No. 313 (2010), para. 198; Declaration of Principles on
Freedom of Expression in Africa, Article XII; Konate v. Burkina Faso, Af. Ct. H.P.R., App. No. 004/2013
(Dec. 5, 2014); Organisation for Security and Cooperation in Europe, Joint Declarations of the
representatives of intergovernmental bodies to protect free media and expression (2013).
60 Children’s right to organize assemblies applies with due regard to their evolving capacities.
Discriminatory impact is prohibited along with direct discrimination.
61 While masks are generally protected, wearing a mask for the purpose of engaging in behavior
recognized as unlawful under international human rights standards may be treated as an aggravating
factor.
62 Relative to which see Egyptian Initiative for Personal Rights & INTERIGHTS v. Egypt, Comm. No.
323/06 (2011), paras. 239-256.