A/67/326 25. In that respect, the Special Rapporteur would like to underscore the importance of ensuring the enjoyment of the right to freedom of expression and opinion in the context of the fight against racism and incitement to racial hatred and violence. With regard to the relationship between freedom of expression and its limits when combating the dissemination of hate speech and racist materials on the Internet, the former Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression noted in his 1998 report that great care must be taken to achieve an appropriate balance between the rights to freedom of opinion and expression and to receive and impart information and the prohibition on speech and/or activities promoting racist views and inciting violence (E/CN.4/1998/40, para. 37). 26. As set out in article 19, paragraph 3, of the International Covenant on Civil and Political Rights, the right to freedom of opinion and expression may be restricted legitimately under international human rights law, essentially to safeguard the rights of others. As stated by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, any limitation to the right to freedom of expression (a) must be provided by law, which is clear and accessible to everyone (principles of predictability and transparency); (b) must protect, inter alia, the rights or reputations of others; and (c) must be proven as necessary and the least restrictive means required to achieve the purported aim (principles of necessity and proportionality) (A/HRC/17/27, para. 24). Furthermore, legitimate types of information which may be restricted include child pornography (to protect the rights of children), hate speech (to protect the rights of affected communities), defamation (to protect the rights and reputation of others against unwarranted attacks), direct and public incitement to commit genocide (to protect the rights of others), and advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence (to protect the rights of others, such as the right to life) (ibid, para. 25). 27. The Committee on the Elimination of Racial Discrimination, in its general recommendation XV (see A/48/18, chap VIII.B), has underlined the obligations of States with regard to the dissemination of racist ideas and incitement to racial discrimination and hatred under article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination, which provides, inter alia, that States parties shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred and incitement to racial discrimination and shall declare illegal and prohibit organized and all other propaganda activities, which promote and incite racial discrimination. In the opinion of the Committee, the obligation to restrict and prohibit such forms of speech is compatible with the obligation to protect and respect freedom of expression and opinion. 6 28. The Special Rapporteur would like to underline that any measures taken by States to counter racism and incitement to racial hatred and violence on the Internet should not unduly limit the right to freedom of expression. He considers that any restrictions, control and censorship of the content disseminated via the Internet should be done on a clearly defined legal basis and in a manner that is necessary, proportionate and compatible with States’ obligations under international human rights law. He would like to reiterate the view of his predecessor that determining which acts or expressions may meet the thresholds determined in articles 19 to 22 of __________________ 6 12-46982 See, for example, CERD/C/65/CO/2, para. 8. 9