حماية الأمن الوطني كقيد على حرية التعبير في القانون الأردني و الاتفاقيات الدولية

Abstract EN

This study sheds the light on the Jordanian legislations restricting freedom of expression, which are passed under the pretext of “protecting national security." Study results were compared with international human rights conventions and interpretations of the UN Human Rights Committee (HRC), the body of experts tasked with interpreting the ICCPR, principles endorsed by human rights courts and principles adopted by human rights experts.

The study concludes that the formulation of Jordanian legislations lack accuracy and precision when dealing with the right to freedom of expression and give priority to national security at the expense of core freedoms.

It therefore suggests a number of amendments to national legislations to ensure conformity with international standards, the most notable one is to get benefit of the progress achieved by article 128 of the Jordanian Constitution which stipulate that "laws issued in accordance with this Constitution for the regulation of rights and freedoms may not influence the essence of such rights or affect their fundamentals", by inclusion the following: “restrictions on rights and freedoms" should serve a legitimate purpose, and they should pass the test of proportionality between a restriction aimed to protect a legitimate