The 60-year perspective of article 19 ICCPR. Achievements, shortcomings, and future challenges
Year: 2026
Type: article
Abstract: This article presents a sixty-year assessment of Article 19 of the International Covenant on Civil and Political Rights, examining its achievements, shortcomings, and future challenges. It argues that Article 19 has become a foundational standard for the protection of freedom of expression, yet its practical effectiveness remains uneven and continues to depend heavily on domestic implementation. The article highlights the Human Rights Committee’s role in developing a broad, technologically neutral, understanding of freedom of expression, extending to political, artistic, academic, religious, and digital forms of communication, as well as in formulating a rigorous three-part test for permissible restrictions. At the same time, the article identifies persistent divergences between the normative standard and state practice, particularly where governments invoke vague grounds such as public order, morality, or national security to restrict unpopular, minority, or politically sensitive speech. Drawing on the Committee’s case law and contemporary scholarship, it further demonstrates that the most significant contemporary threats arise not only from state interference, but increasingly from digital platforms, algorithmic moderation, and the private control of informational flows. The article concludes that Article 19 remains a fundamental, albeit only partially realised, guarantee, whose future depends on robust enforcement, effective domestic implementation, and an updated interpretation capable of addressing the realities of digital communication and algorithmic governance.
Author: Jedrzej Skrzypczak
Institution: Adam Mickiewicz University in Poznań
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7225198102