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scope for claims against the private sector under these
Indeed claims based solely on these two
articles.
be devoid of merit, and I doubt
Articles are likely to be
very much if they can be
successful. An individual's
freedom to receive information, for example, does not mean
that data held by a commercial concern must be disclosed
to him, or indeed that anybody is obliged to give him the
information he seeks. Article 16 is clearly about
promoting and protecting the free exchanges of ideas
between individuals. The kind of issues which could
arise under this Article
press, literary and artistic
restrictions on
broadcasting.
Į could include freedom of the
or manipulation
self-expression and
of radio and TV
Its potential for disruption in the
business community is hard to see. The application of
Article 22 will be limited to the making of laws; it is
intended to bind the legislature, not individuals, as is
clear from its text which states, inter alia, that the law
shall prohibit discrimination on grounds like race,
colour, sex, language etc. The United Nations Human
Rights Committee has made it clear, in two cases,
these provisions do not say what laws must be made. They
do however provide that if and when legislation is enacted
it must comply with the rule
against
that
discrimination.
Therefore, in the view of the Administration,
these two
articles do not create a duty in the private sector to
disclose
information
or
guarantee
protection against