Statement by: David Hamer, Adviser, Australian Mission to the UN 
As delivered

Thank you Chair.

I have the honour to deliver this explanation of vote on behalf of 6 countries: Australia, Canada, Iceland, New Zealand, Switzerland and my own country, Liechtenstein, in relation to the amendment tabled by the Russian Federation – L.66.

Our countries are States' parties to the International Covenant on Civil and Political Rights, and committed to protecting and promoting the right to freedom of expression.

We strongly support the Covenant's language and framing of civil and political rights. Unfortunately, this amendment misrepresents the intent of the Covenant regarding the right to the freedom of expression, which is why we have voted against the amendment.

This amendment distorts the meaning and purpose of Articles 19 and 20 of the Covenant by selectively merging elements of the two articles.

The amendment purports to mirror the Covenant's restrictions on the right to freedom of expression, but removes the Covenant's own limitations placed on those restrictions, in Article 19 subparagraphs 3(a) and 3(b).

These subparagraphs limit restrictions on the right to freedom of expression to two categories; one, restrictions for respect of the rights or reputations of others; and two, restrictions for the protection of national security or of public order, or of public health or morals. Those restrictions must be provided by law and be necessary.

The absence of this language inaccurately characterises the Covenant by widening States' scope to restrict the right to freedom of expression.

Had the amendment reflected verbatim language from the Covenant, we would have been able to consider it differently.

We cannot accept inaccurate language that would misinterpret the Covenant, especially in the context of this resolution, as the right to freedom of expression is a fundamental part of a vibrant democracy and a culture of transparency and accountability.

Thank you.