OCMIAN 3734
CONFIDENTIAL
DD 13010OZ HOKON
FM FCOLN TO HOKON
121800Z MAY
GRS 640
CONFIDENTIAL
FM FCO
TO DESKBY 130100Z HONG KONG
TELNO 1303
OF 12180OZ MAY 87
CONFIDENTIAL
AND BOY!
12 MAY 1907
120
TA
BY
Taken
mek
4/5
TOP COPY Q DIST ?
53734 - 1
YOUR TELNO 1814: FILM CENSORSHIP
1.
SUBJECT
IN THE TIME AVAILABLE, IT HAS NOT BEEN POSSIBLE TO CONSULT
FIFOOT, NOR FOR THE LEGAL ADVISERS TO EXAMINE FULLY THE
IMPLEMENTATION OF THE COVENANT BY STATES PARTIES OR THE CONSIDERA -
TION GIVEN TO ARTICLE 19 BY THE HUMAN RIGHTS COMMITTEE.
TO THESE CAVEATS, LEGAL ADVISERS' VIEWS ARE AS FOLLOWS.
(A) NEITHER FORMULATION COULD BE SAID TO BE 'IN CONFORMITY WITH
THE COVENANT' IN THE SENSE THAT THE WORDING WAS THE SELF-SAME
AS WORDING IN THE COVENANT. HOWEVER, NEITHER FORMULA COULD BE
SAID TO BE NECESSARILY INCONSISTENT WITH THE COVENANT. THE
LATTER LEAVES IT TO EACH STATE TO DECIDE HOW TO IMPLEMENT ITS
PROVISIONS. THERE IS NO OBLIGATION TO INCORPORATE THE TERMS OF
THE COVENANT AS SUCH INTO DOMESTIC LAW, NOR TO USE THE SAME OR
SIMILAR TERMS. WHAT MATTERS IS THE RESULT ACHIEVED BY TESTS LAID
DOWN IN DOMESTIC LAW. THE COMPATIBILITY OF THE LAW WITH ARTICLE
19 WOULD FALL TO BE DETERMINED IN THE LIGHT OF ALL THE RELEVANT
CIRCUMSTANCES, INCLUDING THE CONTENT OF PARTICULAR FILMS. AS YOU KNOW, WE HAVE NOT ACCEPTED THE RIGHT OF PETITION AND SO ANY REVIEW
OF IMPLEMENTATION WOULD BE GENERAL IN SCOPE.
HOWEVER,
THERE ARE PLAUSIBLE ARGUMENTS TO THE EFFECT THAT EACH
FORMULATION IS NOT INCONSISTENT WITH THE COVENANT.
(B)
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