1.States have an obligation to:
a) Respect the right to freedom of expression of persons with disabilities: States should not prevent, hinder or restrict their right to freedom of expression except to the extent allowed by international human rights law;
b) Protect the right to freedom of expression of persons with disabilities: States should undertake reasonable steps and positive measures to enable persons with disabilities to effectively exercise the right to freedom of expression on an equal basis with others. This includes adopting necessary measures to prevent violations by third parties; and ensuring that no private party interferes with an individual’s rights to freedom of expression and protection from discrimination without substantial justification. They are required to establish a regulatory system for service providers that includes mechanisms to ensure genuine public participation, independent monitoring and compliance with regulations; and
c) Fulfil the right to freedom of expression of persons with disabilities: States should establish an enabling environment for the full enjoyment of the right to freedom of expression for persons with disabilities. They should take steps, to the maximum of their available resources and by all appropriate means, to ensure enjoyment of the right to freedom of expression of persons with disabilities. This includes providing effective remedies for violations of the right.
2. States should ensure that the exercise of the right to freedom of expression and information of persons with disabilities is subject to restrictions only on the grounds specified by international law. No restriction on freedom of expression and information may be imposed unless the state can demonstrate that the restriction:
a) Is prescribed by law: the law must be accessible, unambiguous, and worded with sufficient clarity and precision so as to enable individuals to foresee whether a particular action is unlawful;
b) Pursues a legitimate aim, namely the respect of the rights and reputations of others, the protection of national security or of public order (ordre public), or of public health or morals;
c) Is necessary and proportionate in a democratic society in pursuit of these legitimate interests.