expression and access to information:
a.
b.
c.
3.
A limitation shall serve a legitimate aim where the objective of
the limitation is:
a.
b.
4.
is clear, precise, accessible and foreseeable;
is overseen by an independent body in a manner that is not
arbitrary or discriminatory; and
effectively safeguards against abuse including through the
provision of a right of appeal to independent and impartial
courts.
to preserve respect for the rights or reputations of others; or
to protect national security, public order or public health.
To be necessary and proportionate, the limitation shall:
a.
b.
c.
originate from a pressing and substantial need that is relevant and
sufficient;
have a direct and immediate connection to the expression and
disclosure of information, and be the least restrictive means of
achieving the stated aim; and
be such that the benefit of protecting the stated interest outweighs
the harm to the expression and disclosure of information,
including with respect to the sanctions authorised.
PART II: Right to Freedom of Expression
Principle 10. Guarantee of freedom of expression
Freedom of expression, including the right to seek, receive and
impart information and ideas, either orally, in writing or in print, in
the form of art or through any other form of communication or
medium, including across frontiers, is a fundamental and inalienable
human right and an indispensable component of democracy.
Principle 11. Media diversity and pluralism
1.
State or private monopoly over print, broadcast and online
media is not compatible with the right to freedom of expression.
2.
State and government-controlled broadcasters shall be
transformed into public service broadcasters, accountable to the
public through the legislature or other mechanism for public
accountability.
3.
States shall take positive measures to promote a diverse and
pluralistic media, which shall facilitate:
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