CONFIDENTIAL
014771
MDHIAN 8648
ARTICLE 2
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ARTICLE 2 (S) OF THE ICCPR PROVIDES 'WHERE NOT ALREADY PROVIDED FOR BY EXISTING LEGISLATURE OR (NEXT TWO WORDS UNDERLINED) OTHER MEASURES EACH STATE PARTY
UNDERTAKES ... TO ADOPT LEGISLATURE OR OTHER MEASURES AS MAY BE NECESSARY TO GIVE EFFECT TO THE RIGHTS RECOGNISED IN THE PRESENT COVENANT (EMPHASIS ADDED). HER MAJESTY'S GOVERNMENT TAKES THE VIEW, IN THE FIRST PLACE, THAT IT IS NOT NECESSARY TO ADOPT SPECIFIC PROVISIONS TO GIVE EFFECT TO THE ICCPR SO LONG AS DOMESTIC LAW GUARANTEES THE RELEVANT RIGHTS AND FREEDOMS
AND, SECONDLY THAT THE COMMON LAW IS INCLUDED IN THE WORDS
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EMPHASISED. A SIMILAR ARGUMENT EXISTS IN RELATION TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS. THE ORGANS RESPONSIBLE FOR THE SUPER- VISION OF THE OBSERVANCE OF THAT CONVENTION HAVE HELD THAT THE OBLIGATION OF A STATE TO SECURE HUMAN RIGHTS ARE SATISFIED IF THE RIGHT IS SECURED BY UNWRITTEN LAW, I.E. THE COMMON LAW THERE IS NO REASON WHY THE POSITION SHOULD BE ANY DIFFERENT AS REGARDS THE ICCPR.
CHILLING THE RIGHT OF FREE EXPRESSION
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WHETHER THE MERE EXISTENCE OF THE CENSOR'S POWERS 'CHILLS THE RIGHT OF FREE EXPRESSION IS ESSENTIALLY A MATTER OF FACT: IT CANNOT BE A MATTER OF AN (NEXT TWO WORDS UNDERLINED) A PRIORI ASSUMPTION AS THE OPINION SUGGESTS. THE POWER TO BAN FILMS LIKELY ΤΟ 'DAMAGE GOOD RELATIONS WITH OTHER TERRITORIES'' HAS BEEN EXERCISED SINCE MAY 1973 WHEN GUIDELINES CALLED # I 'FILM CENSORSHIP STANDARDS 1
WERE ISSUED." PARAGRAPH 20 OF THAT SETS OUT THE APPROACH CENSORS SHOULD ADOPT. THERE HAS NEVER BEEN ANY SUGGESTION THAT THE EXISTENCE OF THIS POWER (WHICH IS BROADER THAN THE PROPOSED POWER) HAS CHILLED THE RIGHT OF FREE EXPRESSION. THE INFREQUENT USE OF THE POWER CAN BE DEMONSTRATED BY THE FOLLOWING TABLE (OPEN SQUARE BRACKETS FORWARDED SEPARATELY BY FAX (CLOSE SQUARE BRACKETS).
DRAW WITH THE (NEXT TWO WORDS
DUDGEON WAS A CASE WHERE WHAT IS INVOLVED IN FILM ITS DETERENT EFFECT ONLY
6. THE ANALOGY THE OPINION SEEKS TO UNDERLINED) DUDGEON CASE IS NOT APT. THE PARTICULAR CONDUCT WAS CRIMINAL. CENSORSHIP IS A DISCRETIONARY POWER. OPERATES IF THE POWER IS EXERCISED IN A PARTICULAR CASE AND THE REASONABLENESS OF THE APPREHENSIONS OF THE EXERCISE OF THE POWER IS DETERMINABLE BY THE EXTENT OF ITS PAST EXERCISE.
PROVIDED BY LAW
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